Page:United States Statutes at Large Volume 101 Part 2.djvu/727

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-384

SEC. 332. The portion of the Union Canal, also known as the Union 33 USC 59q-i. Ship Canal, an appendage of the Buffalo Outer Harbor, located in the City of Buffalo, State of New York, is declared to be a nonnavigable waterway of the United States within the meaning of the General Bridge Act of 1946 (33 U.S.C. 525, et seq.) from a point two hundred feet west of Fuhrmann Boulevard east to its terminus. SEC. 333. The Secretary of Transportation is authorized to transfer appropriated funds under "Office of the Secretary, Salaries and expenses": Provided, That no appropriation shall be increased or decreased by more than 2V'2 per centum by all such transfers: Provided further, That any such transfer shall be submitted for approval to the House and Senate Committees on Appropriations. SEC. 334. (a) Notwithstanding any other provision of law, with regard to the Atlantic City Airport, at Pomona, New Jersey, the Federal Aviation Administration shall not transfer any property to any municipality or any other entity operating such airport, nor shall any funds made available by this Act be available to such municipality or entity for any planning, study, design, engineering, or construction of a runway extension, new runway, new passenger terminal, or improvements to or expansion of the existing passenger terminal at such Airport, until such time as— (1) the Master Plan Update for Atlantic City Airport and Bader Field, prepared pursuant to Federal Aviation Administration Contract FA-EA-2656, is completed and releeised; and (2) the Administrator of the Federal Aviation Administration finds that a public entity has been created to operate and manage the Atlantic City Airport, which entity has the following characteristics: (A) the authority to enter into contracts and other agree- Contracts. ments, including contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States; (B) the standing to sue and be sued in its own name; (C) the authority to hire and dismiss officers and employees; (D) the power to adopt, amend and repeal bylaws, rules, and regulations governing the manner in which its business may be conducted and the powers vested in it may be exercised; (E) the authority to acquire, in its own name, an interest in such real or personal property as is necessary or appropriate for the operation and maintenance of the airport; (F) the power to acquire property by the exercise of the right of eminent domain; (G) the power to borrow money by issuing marketable obligations, or such other means as is permissible for public authorities under the laws of the State of New Jersey; (H) adequate existing capitalization to carry out all activities which are ordinarily necessary and appropriate to operate and maintain an airport; (I) a governing board which includes voting representatives of the City of Atlantic City, the County of Atlantic and the townships which are adjacent to or are directly impacted by the airport; (J) a charter which includes (i) a requirement that members of the governing board have expertise in transportation, finance, law, public administration, aviation, or such

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