Page:United States Statutes at Large Volume 110 Part 5.djvu/197

 PUBLIC LAW 104-264—OCT. 9, 1996 110 STAT. 3271 SEC. 804. RESTRICTION ON USE OF AIRPORT REVENUES. (a) IN GENERAL.— Subchapter I of chapter 471, as amended by section 142 of this Act, is further amended by adding after section 47132 the following: "§ 47133. Restriction on use of revenues "(a) PROHIBITION.— Local taxes on aviation fuel (except taxes in effect on December 30, 1987) or the revenues generated by an airport that is the subject of Federal assistance may not be expended for any purpose other than the capital or operating costs of— "(1) the airport; "(2) the local airport system; or "(3) any other local facility that is owned or operated by the person or entity that owns or operates the zdrport that is directly and substantially related to the air transportation of passengers or property. "(b) EXCEPTIONS.— Subsection (a) shall not apply if a provision enacted not later than September 2, 1982, in a law controlling financing by the airport owner or operator, or a covenant or assurance in a debt obligation issued not later than September 2, 1982, by the owner or operator, provides that the revenues, including local taxes on aviation fuel at public airports, from any of the facilities of the owner or operator, including the airport, be used to support not only the airport but also the general debt obligations or other facilities of the owner or operator. "(c) RULE OF CONSTRUCTION.— Nothing in this section may be construed to prevent the use of a State tax on aviation fuel to support a State aviation program or the use of airport revenue on or off the airport for a noise mitigation purpose.". (b) PENALTIES.—Section 46301(a)(5) is amended to read as follows: "(5) PENALTY FOR DIVERSION OF AVIATION REVENUES. — The amount of a civil penalty assessed under this section for a violation of section 47107(b) of this title (or any assurance made under such section) or section 47133 of this title may be increased above the otherwise appHcable maximum amount under this section to an amount not to exceed 3 times the amount of revenues that are used in violation of such section.". (c) CONFORMING AMENDMENT.— The table of sections for such subchapter is amended by inserting after the item relating to section 47132, as added by section 142 of this Act, the following: "47133. Restriction on use of revenues.". SEC. 805. REGULATIONS; AUDITS AND ACCOUNTABILITY. (a) IN GENERAL.—Section 47107 is amended by adding at the end the following: "(m) AUDIT CERTIFICATION.— "(1) IN GENERAL.—The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall promulgate regulations tiiat require a recipient of a project grant (or any other recipient of Federal financial assistance that is provided for an airport) to include as part of an annual audit conducted under sections 7501 through 7505 of title 31, a review and opinion of the review concerning the funding activities with respect to an airport that is the subject of the project grant (or other Federal financial

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