104 STAT. 164 PUBLIC LAW 101-281—MAY 4, 1990 Public Law 101-281 101st Congress An Act May 4, 1990 To amend the Federal Aviation Act of 1958 to extend the civil penalty assessment rg 2533] demonstration program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Section 905(d)(4) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1475(d)(4)) is amended by striking "28 month" and inserting in lieu thereof "31-month". Effective date. (b) The amendment made by subsection (a) shall be effective as of 49 USC app. April 30, 1990. 1475 note. g^^, £. Section 511 of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2210) is amended by adding at the end the following new subsection: " (g) USE OF AIRPORT GENERATED REVENUES IN HAWAII. — "(1) GENERAL RULE. —Notwithstanding the limitation on the use of revenues generated by airports contained in subsection (a)(12) of this section, the State of Hawaii may use for eligible transportation projects revenues generated on the sale at off- airport locations in the State of duty-free merchandise under a contract between the State and a duty-free sales enterprise. " (2) LIMITATIONS.— "(A) APPLICABILITY PERIOD.— This subsection only applies to revenues generated after the date of enactment of this subsection and before December 31, 1994, on sales referred to in paragraph (1) and to amounts in the Airport Revenue Fund of the State of Hawaii which are attributable to revenues generated before the date of enactment of this subsection on such sales. " (B) COVERAGE OF AIRPORT CAPITAL AND OPERATING COSTS.— The State of Hawaii may use under paragraph (1) revenues generated on sales referred to in paragraph (1) in a fiscal year of the State only if the amount of such revenues, when added to the amount of funds received in such year by the State for airport capital and operating costs from all other sources (including revenues generated by such airports from other sources, unrestricted cash on hand, and Federal funds made available under this Act for expenditure at such airports), exceeds 150 percent of the projected airport capital and operating costs for such year. "(C) ANNUAL CAP.—The amount of revenues generated on sales referred to in paragraph (1) in a fiscal year of the State of Hawaii which the State may use under paragraph (1) may not exceed the amount of the excess determined under subparagraph (B) for such year. "(D) AGGREGATE CAP.—The maximum amount of revenues which the State of Hawaii may use under paragraph (1) may not exceed $250,000,000 in the aggregate.
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