IB 

Union Calendar No. 220

108TH CONGRESS 

1ST SESSION H. R. 280

[Report No. 108–370] 

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2003

Mr. HOBSON (for himself, Mr. PORTMAN, Mr. REGULA, Mr. LATOURETTE, 

Mr. BOEHNER, Mr. TURNER of Ohio, Mr. TIBERI, Mr. NEY, Mr. BROWN

of Ohio, Mr. OXLEY, Mrs. JONES of Ohio, Ms. KAPTUR, and Mr. 

GILLMOR) introduced the following bill; which was referred to the Committee on Resources 

NOVEMBER 17, 2003

Additional sponsors: Mr. RYAN of Ohio, and Mr. PENCE

NOVEMBER 17, 2003 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 8, 2003] 

A BILL

To establish the National Aviation Heritage Area, and for 

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 280 RH 

1 TITLE I—NATIONAL AVIATION 

2 HERITAGE AREA 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘National Aviation Her5 itage Area Act’’. 

6 SEC. 102. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Few technological advances have transformed 

9 the world or our Nation’s economy, society, culture, 

10 and national character as the development of powered 

11 flight. 

12 (2) The industrial, cultural, and natural herit13 age legacies of the aviation and aerospace industry in 

14 the State of Ohio are nationally significant. 

15 (3) Dayton, Ohio, and other defined areas where 

16 the development of the airplane and aerospace tech17 nology established our Nation’s leadership in both 

18 civil and military aeronautics and astronautics set 

19 the foundation for the 20th Century to be an Amer20 ican Century. 

21 (4) Wright-Patterson Air Force Base in Dayton, 

22 Ohio, is the birthplace, the home, and an integral 

23 part of the future of aerospace. 

24 (5) The economic strength of our Nation is con25 nected integrally to the vitality of the aviation and 
3

•HR 280 RH 

1 aerospace industry, which is responsible for an esti2 mated 11,200,000 American jobs. 

3 (6) The industrial and cultural heritage of the 

4 aviation and aerospace industry in the State of Ohio 

5 includes the social history and living cultural tradi6 tions of several generations. 

7 (7) The Department of the Interior is responsible 

8 for protecting and interpreting the Nation’s cultural 

9 and historic resources, and there are significant ex10 amples of these resources within Ohio to merit the in11 volvement of the Federal Government to develop pro12 grams and projects in cooperation with the Aviation 

13 Heritage Foundation, Incorporated, the State of Ohio, 

14 and other local and governmental entities to ade15 quately conserve, protect, and interpret this heritage 

16 for the educational and recreational benefit of this 

17 and future generations of Americans, while providing 

18 opportunities for education and revitalization. 

19 (8) Since the enactment of the Dayton Aviation 

20 Heritage Preservation Act of 1992 (Public Law 102–

21 419), partnerships among the Federal, State, and 

22 local governments and the private sector have greatly 

23 assisted the development and preservation of the his24 toric aviation resources in the Miami Valley. 
4

•HR 280 RH 

1 (9) An aviation heritage area centered in South2 west Ohio is a suitable and feasible management op3 tion to increase collaboration, promote heritage tour4 ism, and build on the established partnerships among 

5 Ohio’s historic aviation resources and related sites. 

6 (10) A critical level of collaboration among the 

7 historic aviation resources in Southwest Ohio cannot 

8 be achieved without a congressionally established na9 tional heritage area and the support of the National 

10 Park Service and other Federal agencies which own 

11 significant historic aviation-related sites in Ohio. 

12 (11) The Aviation Heritage Foundation, Incor13 porated, would be an appropriate management entity 

14 to oversee the development of the National Aviation 

15 Heritage Area. 

16 (12) Five National Park Service and Dayton 

17 Aviation Heritage Commission studies and planning 

18 documents: ‘‘Study of Alternatives: Dayton’s Aviation 

19 Heritage’’, ‘‘Dayton Aviation Heritage National His20 torical Park Suitability/Feasibility Study’’, ‘‘Dayton 

21 Aviation Heritage General Management Plan’’, 

22 ‘‘Dayton Historic Resources Preservation and Devel23 opment Plan’’, and Heritage Area Concept Study, 

24 demonstrated that sufficient historical resources exist 

25 to establish the National Aviation Heritage Area. 
5

•HR 280 RH 

1 (13) With the advent of the 100th anniversary of 

2 the first powered flight in 2003, it is recognized that 

3 the preservation of properties nationally significant 

4 in the history of aviation is an important goal for the 

5 future education of Americans. 

6 (14) Local governments, the State of Ohio, and 

7 private sector interests have embraced the heritage 

8 area concept and desire to enter into a partnership 

9 with the Federal government to preserve, protect, and 

10 develop the Heritage Area for public benefit. 

11 (15) The National Aviation Heritage Area would 

12 complement and enhance the aviation-related re13 sources within the National Park Service, especially 

14 the Dayton Aviation Heritage National Historical 

15 Park, Ohio. 

16 (b) PURPOSE.—The purpose of this title is to establish 

17 the Heritage Area to—

18 (1) encourage and facilitate collaboration among 

19 the facilities, sites, organizations, governmental enti20 ties, and educational institutions within the Heritage 

21 Area to promote heritage tourism and to develop edu22 cational and cultural programs for the public; 

23 (2) preserve and interpret for the educational 

24 and inspirational benefit of present and future gen25 erations the unique and significant contributions to
6

•HR 280 RH 

1 our national heritage of certain historic and cultural 

2 lands, structures, facilities, and sites within the Na3 tional Aviation Heritage Area; 

4 (3) encourage within the National Aviation Her5 itage Area a broad range of economic opportunities 

6 enhancing the quality of life for present and future 

7 generations; 

8 (4) provide a management framework to assist 

9 the State of Ohio, its political subdivisions, other 

10 areas, and private organizations, or combinations 

11 thereof, in preparing and implementing an integrated 

12 Management Plan to conserve their aviation heritage 

13 and in developing policies and programs that will 

14 preserve, enhance, and interpret the cultural, histor15 ical, natural, recreation, and scenic resources of the 

16 Heritage Area; and 

17 (5) authorize the Secretary to provide financial 

18 and technical assistance to the State of Ohio, its po19 litical subdivisions, and private organizations, or 

20 combinations thereof, in preparing and implementing 

21 the private Management Plan. 

22 SEC. 103. DEFINITIONS. 

23 For purposes of this title: 

24 (1) BOARD.—The term ‘‘Board’’ means the 

25 Board of Directors of the Foundation. 
7

•HR 280 RH 

1 (2) FINANCIAL ASSISTANCE.—The term ‘‘finan2 cial assistance’’ means funds appropriated by Con3 gress and made available to the management entity 

4 for the purpose of preparing and implementing the 

5 Management Plan. 

6 (3) HERITAGE AREA.—The term ‘‘Heritage 

7 Area’’ means the National Aviation Heritage Area es8 tablished by section 104 to receive, distribute, and ac9 count for Federal funds appropriated for the purpose 

10 of this title. 

11 (4) MANAGEMENT PLAN.—The term ‘‘Manage12 ment Plan’’ means the management plan for the Her13 itage Area developed under section 106. 

14 (5) MANAGEMENT ENTITY.—The term ‘‘manage15 ment entity’’ means the Aviation Heritage Founda16 tion, Incorporated (a nonprofit corporation estab17 lished under the laws of the State of Ohio). 

18 (6) PARTNER.—The term ‘‘partner’’ means a 

19 Federal, State, or local governmental entity, organi20 zation, private industry, educational institution, or 

21 individual involved in promoting the conservation 

22 and preservation of the cultural and natural resources 

23 of the Heritage Area. 

24 (7) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 
8

•HR 280 RH 

1 (8) TECHNICAL ASSISTANCE.—The term ‘‘tech2 nical assistance’’ means any guidance, advice, help, 

3 or aid, other than financial assistance, provided by 

4 the Secretary. 

5 SEC. 104. NATIONAL AVIATION HERITAGE AREA. 

6 (a) ESTABLISHMENT.—There is established in the 

7 States of Ohio and Indiana, the National Aviation Heritage 

8 Area. 

9 (b) BOUNDARIES.—The Heritage Area shall include 

10 the following: 

11 (1) A core area consisting of resources in Mont12 gomery, Greene, Warren, Miami, Clark, Champaign, 

13 Shelby, and Auglaize Counties in Ohio. 

14 (2) The Neil Armstrong Air & Space Museum, 

15 Wapakoneta, Ohio. 

16 (3) Sites, buildings, and districts within the core 

17 area recommended by the Management Plan. 

18 (c) MAP.—A map of the Heritage Area shall be in19 cluded in the Management Plan. The map shall be on file 

20 in the appropriate offices of the National Park Service, De21 partment of the Interior. 

22 (d) MANAGEMENT ENTITY.—The management entity 

23 for the Heritage Area shall be the Aviation Heritage Foun24 dation. 
9

•HR 280 RH 

1 SEC. 105. AUTHORITIES AND DUTIES OF THE MANAGEMENT 

2 ENTITY. 

3 (a) AUTHORITIES.—For purposes of implementing the 

4 Management Plan, the management entity may use Federal 

5 funds made available through this title to—

6 (1) make grants to, and enter into cooperative 

7 agreements with, the State of Ohio and political sub8 divisions of that State, private organizations, or any 

9 person; 

10 (2) hire and compensate staff; and 

11 (3) enter into contracts for goods and services. 

12 (b) DUTIES.—The management entity shall—

13 (1) develop and submit to the Secretary for ap14 proval the proposed Management Plan in accordance 

15 with section 106; 

16 (2) give priority to implementing actions set 

17 forth in the Management Plan, including taking steps 

18 to assist units of government and nonprofit organiza19 tions in preserving resources within the Heritage 

20 Area; 

21 (3) consider the interests of diverse governmental, 

22 business, and nonprofit groups within the Heritage 

23 Area in developing and implementing the Manage24 ment Plan; 

25 (4) maintain a collaboration among the partners 

26 to promote heritage tourism and to assist partners to 
10

•HR 280 RH 

1 develop educational and cultural programs for the 

2 public; 

3 (5) encourage economic viability in the Heritage 

4 Area consistent with the goals of the Management 

5 Plan; 

6 (6) assist units of government and nonprofit or7 ganizations in—

8 (A) establishing and maintaining interpre9 tive exhibits in the Heritage Area; 

10 (B) developing recreational resources in the 

11 Heritage Area; 

12 (C) increasing public awareness of and ap13 preciation for the historical, natural, and archi14 tectural resources and sites in the Heritage Area; 

15 and 

16 (D) restoring historic buildings that relate 

17 to the purposes of the Heritage Area; 

18 (7) conduct public meetings at least quarterly re19 garding the implementation of the Management Plan; 

20 (8) submit substantial amendments to the Man21 agement Plan to the Secretary for the approval of the 

22 Secretary; and 

23 (9) for any year in which Federal funds have 

24 been received under this title—
11

•HR 280 RH 

1 (A) submit an annual report to the Sec2 retary that sets forth the accomplishments of the 

3 management entity and its expenses and income; 

4 (B) make available to the Secretary for 

5 audit all records relating to the expenditure of 

6 such funds and any matching funds; and 

7 (C) require, with respect to all agreements 

8 authorizing expenditure of Federal funds by 

9 other organizations, that the receiving organiza10 tions make available to the Secretary for audit 

11 all records concerning the expenditure of such 

12 funds. 

13 (c) USE OF FEDERAL FUNDS.—

14 (1) IN GENERAL.—The management entity shall 

15 not use Federal funds received under this title to ac16 quire real property or an interest in real property. 

17 (2) OTHER SOURCES.—Nothing in this title pre18 cludes the management entity from using Federal 

19 funds from other sources for authorized purposes. 

20 SEC. 106. MANAGEMENT PLAN. 

21 (a) PREPARATION OF PLAN.—Not later than 3 years 

22 after the date of the enactment of this title, the management 

23 entity shall submit to the Secretary for approval a proposed 

24 Management Plan that shall take into consideration State 
12

•HR 280 RH 

1 and local plans and involve residents, public agencies, and 

2 private organizations in the Heritage Area. 

3 (b) CONTENTS.—The Management Plan shall incor4 porate an integrated and cooperative approach for the pro5 tection, enhancement, and interpretation of the natural, 

6 cultural, historic, scenic, and recreational resources of the 

7 Heritage Area and shall include the following: 

8 (1) An inventory of the resources contained in 

9 the core area of the Heritage Area, including the Day10 ton Aviation Heritage Historical Park, the sites, 

11 buildings, and districts listed in section 202 of the 

12 Dayton Aviation Heritage Preservation Act of 1992 

13 (Public Law 102–419), and any other property in the 

14 Heritage Area that is related to the themes of the Her15 itage Area and that should be preserved, restored, 

16 managed, or maintained because of its significance. 

17 (2) An assessment of cultural landscapes within 

18 the Heritage Area. 

19 (3) Provisions for the protection, interpretation, 

20 and enjoyment of the resources of the Heritage Area 

21 consistent with the purposes of this title. 

22 (4) An interpretation plan for the Heritage 

23 Area. 
13

•HR 280 RH 

1 (5) A program for implementation of the Man2 agement Plan by the management entity, including 

3 the following: 

4 (A) Facilitating ongoing collaboration 

5 among the partners to promote heritage tourism 

6 and to develop educational and cultural pro7 grams for the public. 

8 (B) Assisting partners planning for restora9 tion and construction. 

10 (C) Specific commitments of the partners 

11 for the first 5 years of operation. 

12 (6) The identification of sources of funding for 

13 implementing the plan. 

14 (7) A description and evaluation of the manage15 ment entity, including its membership and organiza16 tional structure. 

17 (c) DISQUALIFICATION FROM FUNDING.—If a proposed 

18 Management Plan is not submitted to the Secretary within 

19 3 years of the date of the enactment of this title, the manage20 ment entity shall be ineligible to receive additional funding 

21 under this title until the date on which the Secretary re22 ceives the proposed Management Plan. 

23 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

24 PLAN.—The Secretary, in consultation with the State of 

25 Ohio, shall approve or disapprove the proposed Manage-
14

•HR 280 RH 

1 ment Plan submitted under this title not later than 90 days 

2 after receiving such proposed Management Plan. 

3 (e) ACTION FOLLOWING DISAPPROVAL.—If the Sec4 retary disapproves a proposed Management Plan, the Sec5 retary shall advise the management entity in writing of the 

6 reasons for the disapproval and shall make recommenda7 tions for revisions to the proposed Management Plan. The 

8 Secretary shall approve or disapprove a proposed revision 

9 within 90 days after the date it is submitted. 

10 (f) APPROVAL OF AMENDMENTS.—The Secretary shall 

11 review and approve substantial amendments to the Manage12 ment Plan. Funds appropriated under this title may not 

13 be expended to implement any changes made by such 

14 amendment until the Secretary approves the amendment. 

15 SEC. 107. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

16 FEDERAL AGENCIES. 

17 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon 

18 the request of the management entity, the Secretary may 

19 provide technical assistance, on a reimbursable or non20 reimbursable basis, and financial assistance to the Heritage 

21 Area to develop and implement the management plan. The 

22 Secretary is authorized to enter into cooperative agreements 

23 with the management entity and other public or private 

24 entities for this purpose. In assisting the Heritage Area, 
15

•HR 280 RH 

1 the Secretary shall give priority to actions that in general 

2 assist in—

3 (1) conserving the significant natural, historic, 

4 cultural, and scenic resources of the Heritage Area; 

5 and 

6 (2) providing educational, interpretive, and rec7 reational opportunities consistent with the purposes of 

8 the Heritage Area. 

9 (b) DUTIES OF OTHER FEDERAL AGENCIES.—Any 

10 Federal agency conducting or supporting activities directly 

11 affecting the Heritage Area shall—

12 (1) consult with the Secretary and the manage13 ment entity with respect to such activities; 

14 (2) cooperate with the Secretary and the man15 agement entity in carrying out their duties under this 

16 title; 

17 (3) to the maximum extent practicable, coordi18 nate such activities with the carrying out of such du19 ties; and 

20 (4) to the maximum extent practicable, conduct 

21 or support such activities in a manner which the 

22 management entity determines will not have an ad23 verse effect on the Heritage Area.
16

•HR 280 RH 

1 SEC. 108. COORDINATION BETWEEN THE SECRETARY AND 

2 THE SECRETARY OF DEFENSE AND THE AD3 MINISTRATOR OF NASA. 

4 The decisions concerning the execution of this title as 

5 it applies to properties under the control of the Secretary 

6 of Defense and the Administrator of the National Aero7 nautics and Space Administration shall be made by such 

8 Secretary or such Administrator, in consultation with the 

9 Secretary of the Interior. 

10 SEC. 109. REQUIREMENTS FOR INCLUSION OF PRIVATE 

11 PROPERTY. 

12 (a) NOTIFICATION AND CONSENT OF PROPERTY OWN13 ERS REQUIRED.—No privately owned property shall be pre14 served, conserved, or promoted by the management plan for 

15 the Heritage Area until the owner of that private property 

16 has been notified in writing by the management entity and 

17 has given written consent for such preservation, conserva18 tion, or promotion to the management entity. 

19 (b) LANDOWNER WITHDRAW.—Any owner of private 

20 property included within the boundary of the Heritage Area 

21 shall have their property immediately removed from the 

22 boundary by submitting a written request to the manage23 ment entity. 

24 SEC. 110. PRIVATE PROPERTY PROTECTION. 

25 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in this 

26 title shall be construed to—
17

•HR 280 RH 

1 (1) require any private property owner to allow 

2 public access (including Federal, State, or local gov3 ernment access) to such private property; or 

4 (2) modify any provision of Federal, State, or 

5 local law with regard to public access to or use of pri6 vate property. 

7 (b) LIABILITY.—Designation of the Heritage Area 

8 shall not be considered to create any liability, or to have 

9 any effect on any liability under any other law, of any pri10 vate property owner with respect to any persons injured 

11 on such private property. 

12 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

13 USE.—Nothing in this title shall be construed to modify 

14 the authority of Federal, State, or local governments to reg15 ulate land use. 

16 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

17 IN HERITAGE AREA.—Nothing in this title shall be con18 strued to require the owner of any private property located 

19 within the boundaries of the Heritage Area to participate 

20 in or be associated with the Heritage Area. 

21 (e) EFFECT OF ESTABLISHMENT.—The boundaries 

22 designated for the Heritage Area represent the area within 

23 which Federal funds appropriated for the purpose of this 

24 title may be expended. The establishment of the Heritage 

25 Area and its boundaries shall not be construed to provide 
18

•HR 280 RH 

1 any nonexisting regulatory authority on land use within 

2 the Heritage Area or its viewshed by the Secretary, the Na3 tional Park Service, or the management entity. 

4 SEC. 111. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—To carry out this title there is au6 thorized to be appropriated $10,000,000, except that not 

7 more than $1,000,000 may be appropriated to carry out 

8 this title for any fiscal year. 

9 (b) FIFTY PERCENT MATCH.—The Federal share of the 

10 cost of activities carried out using any assistance or grant 

11 under this title shall not exceed 50 percent. 

12 SEC. 112. SUNSET PROVISION. 

13 The authority of the Secretary to provide assistance 

14 under this title terminates on the date that is 15 years after 

15 the date that funds are first made available for this Act. 

16 TITLE II—WRIGHT COMPANY 

17 FACTORY STUDY 

18 SEC. 201. STUDY AND REPORT. 

19 (a) STUDY.—

20 (1) IN GENERAL.—The Secretary shall conduct a 

21 special resource study updating the study required 

22 under section 104 of the Dayton Aviation Heritage 

23 Preservation Act of 1992 (Public Law 102–419) and 

24 detailing alternatives for incorporating the Wright 
19

•HR 280 RH 

1 Company factory as a unit of Dayton Aviation Her2 itage National Historical Park. 

3 (2) CONTENTS.—The study shall include an 

4 analysis of alternatives for including the Wright 

5 Company factory as a unit of Dayton Aviation Her6 itage National Historical Park that detail manage7 ment and development options and costs. 

8 (3) CONSULTATION.—In conducting the study, 

9 the Secretary shall consult with the Delphi Corpora10 tion, the Aviation Heritage Foundation, State and 

11 local agencies, and other interested parties in the 

12 area. 

13 (b) REPORT.—Not later than 3 years after funds are 

14 first made available for this section, the Secretary shall sub15 mit to the Committee on Resources of the House of Rep16 resentatives and the Committee on Energy and Natural Re17 sources of the Senate a report describing the results of the 

18 study conducted under this section.
Union Calendar No. 220

108TH CONGRESS 

1ST SESSION H. R. 280

[Report No. 108–370] 

A BILL

To establish the National Aviation Heritage Area, 

and for other purposes. 

NOVEMBER 17, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed