A bill to establish the National Aviation Heritage Area, and for other purposes.

Summary: Title I: National Aviation Heritage Area - National Aviation Heritage Area Act - (Sec. 103) Establishes within the States of Ohio and Indiana the National Aviation Heritage Area (the Area).

(Sec. 104) Directs the Area's management entity, the Aviation Heritage Foundation, Incorporated (the AHFI, an Ohio nonprofit) to develop and submit to the Secretary of the Interior (the Secretary) a Management Plan (the Plan) for the Area. Requires the Plan to provide for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Area. Prohibits the Secretary, if AHFI fails to submit the Plan within three years, from providing any additional funding under this title to AHFI until it submits a plan. Directs the Secretary to approve the Plan or to disapprove it, and to provide recommendations in the latter instance. Prohibits funds made available under this title from being expended to implement any changes made by a substantial amendment to the Plan until the Secretary approves of such amendment. (Sec. 105) Permits AHFI, for purposes of implementing the Plan, to use Federal funds made available under this title to make grants to, and enter into cooperative agreements with, the State of Ohio (including a political subdivision of the State), a private organization, or any person. Requires AHFI to: (1) give priority to implementing actions in the Plan; (2) assist units of government and nonprofits in developing the Area in specified ways, including by encouraging local governments to adopt land use policies that are consistent with the management of the Area and the goals of the Plan; and (3) encourage economic viability in the Area. Prohibits AHFI from using any Federal funds made available under this title to acquire real property or any interest in real property. Allows AHFI to use non-Federal funds to acquire real property or an interest in real property. (Sec. 106) Authorizes the Secretary to enter into a cooperative agreement with AHFI or other public or private organizations to provide financial or technical assistance to the Area to develop and implement the Plan upon request by the AHFI. Allows the Secretary to provide to such organizations in the Area operational assistance to support the implementation of the Plan. Requires any Federal agency involved with any activity directly affecting the Area to consult with the AHFI and the Secretary and, to the maximum extent practicable, act in ways the AHFI determines will not adversely affect the Area. Provides for the coordination of decisions with regard to the Area by the Secretary, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration. (Sec. 107) Authorizes appropriations. Limits the Federal share of the total cost of any activity assisted under this title to 50 percent. (Sec. 108) Terminates assistance from the Secretary for the Area 15 years after the enactment of this Act. Title II: Wright Company Factory Study - Requires an updated study and report concerning alternatives for incorporating the Wright Company Factory as a unit of the Dayton Aviation Heritage National Park. Instructs the Secretary to consult with the Delphi Corporation, the Aviation Heritage Foundation, State and local agencies, and other interested parties in the area in which the Factory is located.

SECTION 1. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Table of contents.
                TITLE I--NATIONAL AVIATION HERITAGE AREA

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. National Aviation Heritage Area.
Sec. 104. Management plan.
Sec. 105. Administration.
Sec. 106. Technical and financial assistance; other Federal agencies.
Sec. 107. Authorization of appropriations.
Sec. 108. Termination of authority.
                 TITLE II--WRIGHT COMPANY FACTORY STUDY

Sec. 201. Definitions.
Sec. 202. Study.
Sec. 203. Report.

                TITLE I--NATIONAL AVIATION HERITAGE AREA

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Aviation Heritage Area 
Act''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        National Aviation Heritage Area established by section 103(a).
            (2) Management entity.--The term ``management entity'' 
        means the Aviation Heritage Foundation, Incorporated, a 
        nonprofit corporation established under the laws of the State 
        of Ohio.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 104.
            (4) Partner.--The term ``partner'' means--
                    (A) a Federal, State, or local governmental entity; 
                or
                    (B) an organization, private industry, or person 
                involved in promoting the conservation and preservation 
                of the cultural and natural resources of the Heritage 
                Area.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 103. NATIONAL AVIATION HERITAGE AREA.

    (a) Establishment.--There is established in the States of Ohio and 
Indiana the National Aviation Heritage Area.
    (b) Boundaries.--
            (1) In general.--The Heritage Area shall include--
                    (A) a core area consisting of resources in 
                Montgomery, Greene, Warren, Miami, Clark, Shelby, 
                Auglaize, and Champaign Counties in the State of Ohio;
                    (B) the Neil Armstrong Air & Space Museum, 
                Wapakoneta, Ohio;
                    (C) the Wilbur Wright Birthplace and Museum, 
                Millville, Indiana; and
                    (D) any sites, buildings, and districts within the 
                core area described in subparagraph (A) that are 
                recommended for inclusion in the Heritage Area in the 
                management plan.
            (2) Map.--
                    (A) In general.--The Secretary shall prepare a map 
                of the Heritage Area for inclusion in the management 
                plan.
                    (B) Availability.--The map shall be on file and 
                available for public inspection in the appropriate 
                offices of the National Park Service.

SEC. 104. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the management entity shall submit to the Secretary for 
approval a management plan for the Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) incorporate an integrated and cooperative approach for 
        the protection, enhancement, and interpretation of the natural, 
        cultural, historic, scenic, and recreational resources of the 
        Heritage Area;
            (2) take into consideration Federal, State, and local 
        plans;
            (3) involve residents, public agencies, and private 
        organizations in the Heritage Area;
            (4) include--
                    (A) an assessment of cultural landscapes in the 
                Heritage Area;
                    (B) provisions for the protection, interpretation, 
                and enjoyment of the resources of the Heritage Area 
                that are consistent with the purposes of this title;
                    (C) an interpretation plan for the Heritage Area;
                    (D) a program for the implementation of the 
                management plan by the management entity that 
                includes--
                            (i) provisions for facilitating ongoing 
                        collaboration among the partners to--
                                    (I) promote heritage tourism; and
                                    (II) develop educational and 
                                cultural programs for the public;
                            (ii) provisions for assisting partners in 
                        plans for restoration and construction of the 
                        Heritage Area; and
                            (iii) to the maximum extent practicable, 
                        specific commitments from partners for the 
                        first 5 years of operation of the Heritage 
                        Area; and
                    (E) an inventory of the resources contained in the 
                core area of the Heritage Area, including--
                            (i) the Dayton Aviation Heritage Historical 
                        Park;
                            (ii) the sites, buildings, and districts 
                        listed in section 202 of the Dayton Aviation 
                        Heritage Preservation Act of 1992 (Public Law 
                        102-419); and
                            (iii) any other property that--
                                    (I) is related to the themes of the 
                                Heritage Area; and
                                    (II) should be preserved, restored, 
                                managed, or maintained because of the 
                                significance of the property;
            (5) identify sources of funding for the implementation of 
        the management plan; and
            (6) describe and evaluate the management entity, including 
        a description and evaluation of--
                    (A) the membership of the management entity; and
                    (B) the organizational structure of the management 
                entity.
    (c) Failure To Submit.--If the management entity fails to submit 
the management plan by the date described in subsection (a), the 
Secretary shall not provide any additional funding under this title to 
the management entity until the date on which the management entity 
submits a management plan to the Secretary.
    (d) Approval and Disapproval of Management Plans.--
            (1) In general.--Not later than 90 days after the date of 
        the receipt of the management plan under subsection (a), the 
        Secretary, in consultation with the State of Ohio, shall 
        approve or disapprove the plan.
            (2) Disapproval and revision.--If the Secretary disapproves 
        a management plan under paragraph (1), the Secretary shall--
                    (A) advise the management entity in writing of the 
                reasons for the disapproval;
                    (B) make recommendations for revisions to the 
                management plan; and
                    (C) not later than 90 days after the receipt of any 
                proposed revision of the management plan from the 
                management entity, approve or disapprove the proposed 
                revision.
    (e) Amendments.--
            (1) In general.--The Secretary shall review each amendment 
        to the management plan that the Secretary determines may make a 
        substantial change to the management plan.
            (2) Use of funds.--Funds made available under this title 
        shall not be expended to implement an amendment described in 
        paragraph (1) until the Secretary approves the amendment.

SEC. 105. ADMINISTRATION.

    (a) In General.--The management entity shall administer the 
Heritage Area in accordance with this title.
    (b) Authorities.--The management entity may, for purposes of 
implementing the management plan, use Federal funds made available 
under this title to--
            (1) make grants to, and enter into cooperative agreements 
        with--
                    (A) the State of Ohio (including a political 
                subdivision of the State);
                    (B) a private organization; or
                    (C) any person;
            (2) hire and compensate staff;
            (3) contract for goods and services; and
            (4) obtain funds from any source (including a program that 
        has a cost-sharing requirement).
    (c) Duties of Management Entity.--In addition to developing the 
management plan under section 104, in carrying out this title, the 
management entity shall--
            (1) give priority to the implementation of actions set 
        forth in the management plan, including--
                    (A) assisting units of government and nonprofit 
                organizations in preserving the resources of the 
                Heritage Area; and
                    (B) encouraging local governments to adopt land use 
                policies that are consistent with--
                            (i) the management of the Heritage Area; 
                        and
                            (ii) the goals of the management plan;
            (2) in developing and implementing the management plan, 
        consider the interests of diverse governmental, business, and 
        nonprofit organizations in the Heritage Area;
            (3) maintain a collaboration among the partners to promote 
        heritage tourism;
            (4) assist partners in developing educational and cultural 
        programs for the public;
            (5) encourage economic viability in the Heritage Area in 
        accordance with the goals of the management plan;
            (6) assist units of government and nonprofit organizations 
        in--
                    (A) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (B) developing recreational resources in the 
                Heritage Area;
                    (C) increasing public awareness of and appreciation 
                for the historical, natural, and architectural 
                resources and sites of the Heritage Area;
                    (D) installing throughout the Heritage Area, clear, 
                consistent, and environmentally appropriate signs that 
                identify access points and sites of interest; and
                    (E) restoring historic buildings that relate to the 
                purposes of the Heritage Area;
            (7) conduct public meetings at least quarterly regarding 
        the implementation of the management plan;
            (8) submit to the Secretary for approval substantial 
        amendments to the management plan; and
            (9) for any fiscal year for which Federal funds are made 
        available to carry out this Act under section 107--
                    (A) submit to the Secretary a report that 
                describes, for the fiscal year--
                            (i) any activities conducted by the 
                        management entity with respect to the Heritage 
                        Area; and
                            (ii) any expenses incurred by the 
                        management entity in carrying out this title;
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of the funds and 
                any matching funds; and
                    (C) require, for all agreements authorizing the 
                expenditure of Federal funds by any entity, that the 
                receiving entity make available to the Secretary for 
                audit all records relating to the expenditure of the 
                funds.
    (d) Prohibition of Acquisition of Real Property.--
            (1) Use of federal funds.--The management entity shall not 
        use Federal funds made available under this title to acquire 
        real property or any interest in real property.
            (2) Funds from other sources.--The management entity may 
        acquire real property or an interest in real property using 
        non-Federal funds.

SEC. 106. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--
            (1) In general.--On the request of the management entity, 
        the Secretary may provide to the Heritage Area technical 
        assistance, on a reimbursable or nonreimbursable basis, and 
        financial assistance for use in the development and 
        implementation of the management plan.
            (2) Cooperative agreements.--The Secretary may enter into a 
        cooperative agreement with the management entity or other 
        public or private organizations for purposes of providing 
        technical or financial assistance under paragraph (1).
            (3) Priority for assistance.--In providing technical or 
        financial assistance under paragraph (1), the Secretary shall 
        give priority to actions that assist in--
                    (A) conserving the significant historical, 
                cultural, and natural resources of the Heritage Area; 
                and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
    (b) Operational Assistance.--Subject to the availability of 
appropriations, the Secretary may provide to public or private 
organizations in the Heritage Area such operational assistance as is 
appropriate to support the implementation of the management plan.
    (c) Duties of Other Federal Agencies.--A Federal agency conducting 
or supporting any activity directly affecting the Heritage Area shall--
            (1) consult with the Secretary and the management entity 
        with respect to the activity;
            (2) cooperate with the Secretary and the management entity 
        in carrying out the duties of the Secretary and the management 
        entity under this title;
            (3) to the maximum extent practicable, coordinate the 
        activity with the duties of the Secretary and the management 
        entity under this title; and
            (4) conduct or support the activity in a manner that, to 
        the maximum extent practicable, will not have an adverse effect 
        on the Heritage Area, as determined by the management entity.
    (d) Coordination Between the Secretary, the Secretary of Defense, 
and the Administrator of NASA.--Any decision relating to the 
application of this title to properties under the jurisdiction of the 
Secretary of Defense or the Administrator of the National Aeronautics 
and Space Administration shall be made by the Secretary of Defense or 
the Administrator, respectively, in consultation with the Secretary.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this title $10,000,000, of which not more than $1,000,000 may be 
made available for any fiscal year.
    (b) Federal Share.--The Federal share of the total cost of any 
activity assisted under this title shall be not more than 50 percent.

SEC. 108. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this 
title terminates on the date that is 15 years after the date of 
enactment of this Act.

                 TITLE II--WRIGHT COMPANY FACTORY STUDY

SEC. 201. DEFINITIONS.

    In this title:
            (1) Factory.--The term ``Factory'' means the Wright Company 
        factory in Dayton, Ohio.
            (2) Park.--The term ``park'' means the Dayton Aviation 
        Heritage National Historical Park in the State of Ohio.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 202. STUDY.

    (a) In General.--The Secretary shall conduct a special resource 
study that--
            (1) updates the study required under section 104 of the 
        Dayton Aviation Heritage Preservation Act of 1992 (Public Law 
        102-419); and
            (2) describes alternatives for incorporating the Factory as 
        a unit of the Park.
    (b) Contents.--The study shall include an analysis of the 
alternatives described under subsection (a)(2), including an analysis 
of management and development options and costs.
    (c) Consultation.--In conducting the study, the Secretary shall 
consult with--
            (1) the Delphi Corporation;
            (2) the Aviation Heritage Foundation;
            (3) State and local agencies; and
            (4) other interested parties in the area in which the 
        Factory is located.

SEC. 203. REPORT.

    Not later than 3 years after the date on which funds are first made 
available to carry out this title, the Secretary shall submit to the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report that 
describes the results of the study conducted under this title.

            Passed the Senate September 15, 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                 S. 180

_______________________________________________________________________

                                 AN ACT

    To establish the National Aviation Heritage Area, and for other 
                               purposes.