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B-178983 1 (1973-08-06)

handle is hein.gao/gaobaadjr0001 and id is 1 raw text is: 
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                      MPTLLM o9tMnn. Or TH 'NITED STATE
                                WASHINGTON, D.C. 84044


               b-XTS,63Anutt 6, 1973


       Mm. Le I. Umnertuk
       MAuthorliS Certfyiv Officr
       bureu of Laud taaaessnt
       Dpartment of the lterlor
       Omver Yederal Center, IuilsgL 50
       Daer, Colorado 90225

       Dear ire menbrluki

            Reference Is made to yer lette'r of Juno 22, 1073, yomr referince
       1376(D-832), askina if you properly may pay a bill-which you enclosed-
       In the siount of #143.45 subaitted by tho ILtusoula County Mirport Comst-
       Lon, Nissoula, Montata. The auount involved reprexet landig fees
       assessed in connection vith airciaft ave nd operato4 by the Bureau of
       L~M Xhnsgersoat.

           Qestion as to the payment of such tam arie. in that the airport
       avoved received federal nestance pursuant to the Federal Airport Mt,
       approve4 Hay 13, 1946, ch. 251, GO Stat. 170.  ection 11(4) of such act
       provides, in effect, that approval for such asistnce shall be LvSn only
       upon neurance by the spon*ar that-

                an the facilities of the airport developed vith
           Fedral ad & anll UtLeR usable for the landing asid
           take-off of aLrcraft vill be vilable to the Uuitcd
           Stato  for us i by aPtlury and naval aircraft in co:on
           with other araftat all times vithout charge, except.
           if the use by military ad naval aircraft shall be
           substantial, a rawtaonable share, propotionu± to such
           ua, of the cost of 9peratz. end atuAning the

           While the above language could be viwed as exempting all GoverrAeut
       Aircraft from the 1'ayment of landing fee. except vhen the we of such aLr-
       port by military aircraft was excessive, we believe that, based on the
       lIilattva history of section 11(4), it Mu: be concuded tha unJr such
       preyvsion only milittary aircraft are eatitlod ito such esmptiaim ad thee
       sip if their U- of the airort i as eubtarhiSl.
           atnJAm .t the legslatve history of the above ptrwfls      die-
       &ls ae So 2,. CMe fLU gubeqaly acted -s the Yederal Mrport Act,


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