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a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities
<br />owned or controlled by the United States, shall be operated at all times in a safe and serviceabie condition and in accordance
<br />with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance
<br />and operation. It will not cause or permit any activiry or action thereon which would interfere with its use for airport
<br />purposes. ]t will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to
<br />climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be
<br />approved by the Secretary. In furtherance of this assurance; the sponsor will have in effect arrangements for- (1) Operatmg
<br />the airport's aeronautical facilities whenever required;
<br />(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
<br />(3) Prompdy notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be
<br />construed to require that the airport be operated for aeronautical use during lemporary periods when snow, flood or other
<br />climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the
<br />maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due
<br />to an act of God or other condition or circumstance beyond the control of the sponsor.
<br />b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which
<br />Federalfunds have been expended,
<br />20. Hazard Removal and Mitigation. ]t will take appropriate action to assure that such terminal airspace as is required Io
<br />protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by
<br />removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation
<br />of future airport hazards.
<br />Zl. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
<br />restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations,
<br />including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permil any
<br />change in land use, within its jurisdiction, that will reduce its compatibility, with respect io the airport, of the noise compatibility program measures
<br />upon which Federal funds have been expended.
<br />22. Economic Nondiscrimination.
<br />a. It will make the airport available as an airport for public use on reasonable terms and without unjust
<br />discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering
<br />services ro the public at the airport.
<br />b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to
<br />any person, firm, or corporation to conduct or to engage in any aeronautical activiry for fumishing services to the public at
<br />the airport, the sponsor will insert and enforce provisions requiring the contractor to-
<br />(1) fumish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
<br />(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the
<br />contractor may be allowed to make reasonabie and nondiscriminatory discounis, rebates, or other similar types of
<br />price reductions to volume purchasers.
<br />C. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are
<br />uniformly applicable to alt other fixed-based operators making the same or similar uses of such airport and utilizing the same
<br />or similar facilities,
<br />d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is
<br />authorized or permitted by the airport to serve any air carrier at such airport.
<br />e. Each sir carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shali
<br />be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and
<br />other charges with respect to facilities directly and substantially related to providing air iransportation as are applicable to all
<br />such air carriers which make similar use of such airpori and utilize similar facilities, subject to reasonable classifications
<br />such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory
<br />shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those
<br />already imposed on air carriers in such classification or status.
<br />f. ]t will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation
<br />operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not
<br />limited to maintenance, repair, and fueling] that it may choose to perform.
<br />g, ln the event the sponsor itself exercises any of Ihe rights and privileges referred to in this assurance, the services
<br />involved will be provided on the same conditions as would apply to the furnishing of such services by commercial
<br />aeronautical service providers authorized by the sponsor under these provisions.
<br />h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by alI users of
<br />the airport as may be necessary for the safe and efficient operation of the airport.
<br />i. The sponsor may prohibit or limit any given type, kind or ctass of aeronautical use of the airport if such action is
<br />necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
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