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B-177528 1 (1973-01-18)

handle is hein.gao/gaobaddur0001 and id is 1 raw text is: I e., COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 B-177528 January 18, 1973 Dear Mr. Secretary: Reference is made to your letter dated November 24, 1972, with enclosures, recuesting our opinion as to the proper construction and interpretation to be given to an indenture dated September 4, 1969, executed between the General Services Administration, acting on behalf of the United States and the Joint Board of Texarkana Airport Authority (Joint Board5, by which certain leased property at the Texarkana Municipal Airport, together with certain Government- owned improvements thereon, were transferred to the Joint Board. Paragraph 6F of the indenture provides: F. That the grantee will make available all fa- cilities of the airport at which the property described herein is located or developed with Federal aid and all those usable for the landing and taking off of aircraft to the Un.ted States at all times, without charge, for use by aircraft of any Agency of the United States in common with other aircraft, except that if the use by aircraft of any Agency of the United States in common with other aircraft, is substantial, a reasonable share, prcrortional to such use, of the cost of operating and maintaining facilities so used, may be charged; and un- less otherwise determined by the FAA, or otherwise agreed to by the grantee and the using Federal Agency, substantial use of an airport by United States aircraft will be considered to exist when operations of such air- craft are excess of those which, in the opinion of the FAA, would unduly interfere with use of the landing area by other authorized aircraft or during any calendar month that (1) either five / or more aircraft of any Agency of the United States are regularly based at the airport or on land adjacent thereto, or (2) the total number of movements (counting each landing as a movement and each take-off as a movement) of aircraft of any Agency of the PUBLISHED DECISICN 52 Comp. Gen.

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