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3-53-0026-014-2018 <br />and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier <br />operations, aircraft sales and services, sale of aviation petroleum products whether or not <br />conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, <br />sale of aircraft parts, and any other activities which because of their direct relationship to the <br />operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any <br />exclusive right to conduct an aeronautical activity now existing at such an airport before the <br />grant of any assistance under Title 49, United States Code. <br />24. Fee and Rental Structure. <br />It will maintain a fee and rental structure for the facilities and services at the airport which will <br />make the airport as self-sustaining as possible under the circumstances existing at the particular <br />airport, taking into account such factors as the volume of traffic and economy of collection. No <br />part of the Federal share of an airport development, airport planning or noise compatibility project <br />for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement <br />Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be <br />included in the rate basis in establishing fees, rates, and charges for users of that airport. <br />25. Airport Revenues. <br />a. All revenues generated by the airport and any local taxes on aviation fuel established after <br />December 30, 1987, will be expended by it for the capital or operating costs of the airport; the <br />local airport system; or other local facilities which are owned or operated by the owner or <br />operator of the airport and which are directly and substantially related to the actual air <br />transportation of passengers or property; or for noise mitigation purposes on or off the <br />airport. The following exceptions apply to this paragraph: <br />1) If covenants or assurances in debt obligations issued before September 3, 1982, by the <br />owner or operator of the airport, or provisions enacted before September 3, 1982, in <br />governing statutes controlling the owner or operator's financing, provide for the use of the <br />revenues from any of the airport owner or operator's facilities, including the airport, to <br />support not only the airport but also the airport owner or operator's general debt <br />obligations or other facilities, then this limitation on the use of all revenues generated by <br />the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. <br />2) If the Secretary approves the sale of a privately owned airport to a public sponsor and <br />provides funding for any portion of the public sponsor's acquisition of land, this limitation <br />on the use of all revenues generated by the sale shall not apply to certain proceeds from <br />the sale. This is conditioned on repayment to the Secretary by the private owner of an <br />amount equal to the remaining unamortized portion (amortized over a 20 -year period) of <br />any airport improvement grant made to the private owner for any purpose other than <br />land acquisition on or after October 1, 1996, plus an amount equal to the federal share of <br />the current fair market value of any land acquired with an airport improvement grant <br />made to that airport on or after October 1, 1996. <br />3) Certain revenue derived from or generated by mineral extraction, production, lease, or <br />other means at a general aviation airport (as defined at Section 47102 of title 49 United <br />States Code), if the FAA determines the airport sponsor meets the requirements set forth <br />in Sec. 813 of Public Law 112-95. <br />a.) As part of the annual audit required under the Single Audit Act of 1984, the sponsor will <br />direct that the audit will review, and the resulting audit report will provide an opinion <br />concerning, the use of airport revenue and taxes in paragraph (a), and indicating <br />whether funds paid or transferred to the owner or operator are paid or transferred in a <br />19 <br />March, 2014 <br />