User Fee for Access Sample Clauses

User Fee for Access. If TA funds are used to acquire real property or lease or rent space, or otherwise charge a fee for access to the property, 23 U.S.C. § 156, (unless an exception is granted by the Secretary), requires that fair market value be charged and that the Federal share of net proceeds from the transaction be applied by the State toward Title 23 eligible projects (i.e., Federal-aid projects or State-funded projects that are eligible for Title 23 funding). The term "real property" refers to land and any improvements affixed to the land (i.e., the physical real estate), and all interests, benefits, and rights inherent (e.g., access control rights, air rights, etc.) in the ownership of the physical real estate. By agreement, provisions should also be made to have a portion of the funds used for the maintenance and operation of the TA funded resource. Where properties are to be leased with the income going to the applicant, it is appropriate that consideration be given to a portion of the proceeds going to the future maintenance of the structure with accounting consideration to allow for reserve funds for replacements.