Page:United States Statutes at Large Volume 104 Part 2.djvu/769

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PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-361 imposing such fee as may be necessary to ensure compliance with this subsection. "(B) WITH RESPECT TO USE OF REVENUES. —The Secretary shall periodically audit and review the use by a public agency which controls an airport of revenues derived from a fee imposed pursuant to this subsection. Upon such review and after a public hearing, the Secretary may terminate the authority of such agency to impose such fee, in whole or in part, to the extent the Secretary determines that revenues derived therefrom are not being used in accordance with this subsection. "(C) SET-OFF.— I f the Secretary determines that a fee imposed pursuant to this subsection is excessive or that the revenues derived from such fee are not being used in accordance with this subsection, the Secretary may set off such amounts as may be necessary to ensure compliance with this subsection against amounts otherwise payable to the public agency under the Airport and Airway Improvement Act of 1982. "(13) TERMS AND CONDITIONS.— Authority granted to impose a fee pursuant to this subsection shall be subject to such terms and conditions as the Secretary may establish to carry out the objectives of this subsection. "(14) ISSUANCE OF REGULATIONS. — Not later than 180 days after the date of the enactment of this subsection, the Secretary shall issue such regulations as may be necessary to carry out this subsection. Such regulations may prescribe the time and form by which a fee imposed pursuant to this subsection shall take effect. "(15) DEFINITIONS.—For purposes of this subsection, the following definitions apply: "(A) AIR CARRIER. —The term 'air carrier' includes a foreign air carrier. "(B) AIRPORT, COMMERCIAL SERVICE AIRPORT, AND PUBLIC AGENCY. —The terms 'airport', 'commercial service airport', and 'public agency' have the meaning such terms have under section 503 of the Airport and Airway Improvement Act of 1982. "(C) EuGiBLE AIRPORT-RELATED PROJECT.— The term 'eligible airport-related project' means— "(i) a project for airport development under the Airport and Airway Improvement Act of 1982; "(ii) a project for airport planning under such Act; "(iii) a project for terminal development described in section 513(b) of such Act; "(iv) a project for airport noise capability planning under section 103(b) of the Aviation Safety and Noise Abatement Act of 1979; "(v) a project to carry out noise compatibility measures which are eligible for assistance under section 104 of the Aviation Safety and Noise Abatement Act of 1979 without regard to whether or not a program has been approved for such measures under such section; and "(vi) a project for construction of gates and related areas at which passengers are enplaned or deplaned. -194O-91-25:QL3Part 2