68 



Islands, American Samoa, or the Trust Territory 

 of the Pacific Islands shall be any portion of the 

 allowable project costs of the project, not to ex- 

 ceed 75 per centum, as the Secretary considers ap- 

 propriate for carrying out the provisions of this 

 subchapter. 



(d) Landing aids; cost limitation. 



To the extent that the project costs of an approved 

 project for airport development represent the cost of 

 (1) land required for the installation of approach 

 light systems, (2) touchdown zone and centerline 

 runway lighting, or (3) high intensity runway light- 

 ing, the United States share shall be the same per- 

 centage as is otherwise applicable to such project. 



(e) Repealed. Pub. L. 94-353, §9(e), July 12, 1976, 90 



Stat 878 



(Pub. L. 91-258, title I, § 17, May 21, 1970, 84 

 Stat. 228.) (As amended Pub. L. 92-174, §4(c), 

 Nov. 27, 1971, 85 Stat. 492; Pub. L. 93-44, § 5, June 

 18, 1973, 87 Stat. 89; Pub. L. 94-353, § 9, July 12, 

 1976, 90 Stat. 877.) 



Amendments 



1973— Subsec. (a). Pub. L. 93^4. §5(1) substituted 

 "share of allowable project costs payable" for "share 

 payable", added els. (1) and (2). and deleted former 

 provision limiting United States share to 50 per centum 

 of the allowable project costs. 



Subsec. (e). Pub. L. 93^4. §5(2), added subsec. (e) . 



1971 — Subsec. (c). Pub. L. 92-174 Inserted reference to 

 American Samoa and the Trust Territory of the Pacific 

 Islands. 



§1718. Project sponsorship requirements; compliance; 

 contracts between Secretary and public agencies; 

 air traffic control activities; relief of sponsors. 



(a) Sponsorship. 



As a condition precedent to his approval of an 

 airport development project under this subchapter, 

 the Secretary shall receive Eissurances in writing, 

 satisfactory to him, that — 



(1) Public use. 



the airport to which the project for airport develop- 

 ment relates will be available for public use on fair 

 and reasonable terms and without unjust discrimi- 

 nation, including the requirement that (A) each 

 air carrier, authorized to engage directly in air 

 transportation pursuant to section 401 or 402 of the 

 Federal Aviation Act of 1958, using such airport 

 shall be subject to nondiscriminatory and substan- 

 tially comparable rates, fees, rentals, and other 

 charges and nondiscriminatory and substantially 

 comparable rules, regulations, and conditions as 

 are applicable to all such air carriers which make 

 similar use of such airport and which utilize facili- 

 ties, subject to reasonable classifications such as 

 tenants or nontenants, and combined passenger 

 and cargo flights or all cargo flights, and such clas- 

 sification or status as tenant shall not be un- 

 reasonably withheld by any airport provided an air 

 carrier assumes obligations substantially similar to 

 those already imposed on tenant air carriers, and 

 (B) each fixed-based operator using a general avia- 

 tion airport shall be subject to the same rates, 



fees, rentals, and other charges as are uniformly 

 applicable to all other fixed-based operators mak- 

 ing the same or similar uses of such airport utiliz- 

 ing the same or similar facilities; 



(2) Maintenance and operation. 



the airport and all facilities thereon or connected 

 therewith will be suitably operated and maintained, 

 with due regard to climatic and flood conditions; 



(3) Airport hazards. 



the aerial approaches to the airport will be ade- 

 quately cleared and protected by removing, lowering, 

 relocating, marking, or lighting or otherwise miti- 

 gating existing airport hazards and by preventing 

 the establishment or creation of future airport 

 hazards; 



(4) Compatible use of adjacent land. 



appropriate action, including the adoption of zon- 

 ing laws, has been or will be taken, to the extent 

 reasonable, to restrict the use of land adjacent to or 

 In the Immcdliite vicinity of the airport to activities 

 and purposes compatible with nonnal airport opera- 

 tons, Including landing and takeoff of aircraft; 



(.%) GovprniDODt use; charge. 



all of the facilities of the airport developed with 

 Federal flnanci.il assistance and all those usable for 

 landing and takeoff of aircraft will be available to 

 the United States for use by Government aircraft In 

 common with other aircraft at all times without 

 charge, except, if the use by Government aircraft 

 is substantial, a charge may be made for a reason- 

 able share, proportional to such use, of the cost of 

 operating and maintaining the facilities used; 



(6) Air traffic control activities. 



the airport operator or owner will furnish without 

 cost to the Federal Government for use in connec- 

 tion with any air traffic control activities, or 

 weather-reporting and communication activities re- 

 lated to air traffic control, any areas of land or water, 

 or estate therein, or rights in buildings of the spon- 

 sor as the Secretary considers necessary or desirable 

 for construction at Federal expense of space or fa- 

 cilities for such purposes ; 



(7) Accounting. 



all project accounts and records will be kept in ac- 

 cordance with a standard system of accounting pre- 

 scribed by the Secretary after consultation •with 

 appropriate public agencies; 



(8) Self-sustaining fee .ind rental structure. 



the airport operator or owner will maintain a fee 

 and rental structure for the facilities and services 

 being provided the airport users which will make 

 the airport as self-sustaining as possible under the 

 circumstances existing at that particular airport, 

 taking into account such factors as the volume of 

 traffic and economy of collection, except that no 

 part of the Federal share of an airport development 

 project for which a grant is made under this title 

 or under the Federal Airport Act (49 U.S.C. 1101 

 et seq.) shall be included in the rate base in estab- 

 lishing fees, rates, and charges for users of that 

 airport; 



