Page:United States Statutes at Large Volume 104 Part 1.djvu/199

 PUBLIC LAW 101-281—MAY 4, 1990 104 STAT. 165 "(E) REDUCTION DUE TO LANDING FEE INCREASE.— If any fee levied or collected by an airport operated by the State of Hawaii for a rental charge, landing fee, or other service charge from an aircraft operator for the use of airport facilities is increased in the period beginning on the date of enactment of this subsection and ending December 31, 1994, by a percentage which is greater than the percentage change in the Consumer Price Index of All Urban Consumers for Honolulu, Hawaii, published by the Bureau of Labor Statistics of the Department of Labor in such period and if, as a result of such fee incresise, there is an increase in the revenues derived from such fee, the $250,000,000 limit established by subparagraph (D) shall be reduced by the amount of the projected increase in such revenues in such period less any portion of such increase which is attributable to changes in such Index in such period. "(F) DETERMINATION OF COSTS AND PROJECTED INCREASES IN REVENUES.—The State of Hawaii shall determine capital and operating costs and revenues under subparagraph (B) and the amount of projected increases in revenues from fee increases referred to in subparagraph (E). Determinations shall be submittted by the State to the Secretary for approval. A determination shall be treated as approved by the Secretary unless the Secretary disapproves such determination on or before the 30th day after the State submits such determination to the Secretary. "(G) ELIGIBILTTY FOR DISCRETIONARY GRANTS.—The State of Hawaii shall not be eligible for a grant under section 507(c) in any fiscal year in which the State uses under paragraph (1) revenues generated on sales referred to in paragraph (1). If the State receives a grant in a fiscal year in which the State as a result of this subparagraph is not eligible to receive a grant, the State shall repay all amounts received by the State under such grant to the Secretary for deposit in the discretionary fund established under section 507(c). "(3) PERIOD OF USE. —Revenues generated on sales referred to in paragraph (1) in the period of applicability set forth in paragraph (2)(A) may be used under paragraph (1) in any fiscal year of the State, including a fiscal year of the State beginning after December 31, 1994. "(4) DEFINITIONS.—In this subsection, the following apply: "(A) AIRPORT CAPITAL AND OPERATING COSTS. —The term 'airport capital and operating costs' means costs incurred by the State of Hawaii for operation of all airports operated by such State and costs for debt service incurred by such State in connection with capitel projects for such airports, including interest and amortization of principal costs. " (B) DUTY-FREE SALES ENTERPRISE; DUTY-FREE MERCHAN- DISE.— The terms 'duty-free sales enterprise' and 'duty-free merchandise' have the meaning such terms have under section 555(b) of the Tariff Act of 1930 (19 U.S.C. 15550))). "(C) EuGiBLE TRANSPORTATION PROJECT.The term 'eligible transportation project' means a project for construe-

�