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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 280 Reported in House (RH)]

                                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                TITLE I--NATIONAL AVIATION HERITAGE AREA

SEC. 101. SHORT TITLE.

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

SEC. 102. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Few technological advances have transformed the world 
        or our Nation's economy, society, culture, and national 
        character as the development of powered flight.
            (2) The industrial, cultural, and natural heritage legacies 
        of the aviation and aerospace industry in the State of Ohio are 
        nationally significant.
            (3) Dayton, Ohio, and other defined areas where the 
        development of the airplane and aerospace technology 
        established our Nation's leadership in both civil and military 
        aeronautics and astronautics set the foundation for the 20th 
        Century to be an American Century.
            (4) Wright-Patterson Air Force Base in Dayton, Ohio, is the 
        birthplace, the home, and an integral part of the future of 
        aerospace.
            (5) The economic strength of our Nation is connected 
        integrally to the vitality of the aviation and aerospace 
        industry, which is responsible for an estimated 11,200,000 
        American jobs.
            (6) The industrial and cultural heritage of the aviation 
        and aerospace industry in the State of Ohio includes the social 
        history and living cultural traditions of several generations.
            (7) The Department of the Interior is responsible for 
        protecting and interpreting the Nation's cultural and historic 
        resources, and there are significant examples of these 
        resources within Ohio to merit the involvement of the Federal 
        Government to develop programs and projects in cooperation with 
        the Aviation Heritage Foundation, Incorporated, the State of 
        Ohio, and other local and governmental entities to adequately 
        conserve, protect, and interpret this heritage for the 
        educational and recreational benefit of this and future 
        generations of Americans, while providing opportunities for 
        education and revitalization.
            (8) Since the enactment of the Dayton Aviation Heritage 
        Preservation Act of 1992 (Public Law 102-419), partnerships 
        among the Federal, State, and local governments and the private 
        sector have greatly assisted the development and preservation 
        of the historic aviation resources in the Miami Valley.
            (9) An aviation heritage area centered in Southwest Ohio is 
        a suitable and feasible management option to increase 
        collaboration, promote heritage tourism, and build on the 
        established partnerships among Ohio's historic aviation 
        resources and related sites.
            (10) A critical level of collaboration among the historic 
        aviation resources in Southwest Ohio cannot be achieved without 
        a congressionally established national heritage area and the 
        support of the National Park Service and other Federal agencies 
        which own significant historic aviation-related sites in Ohio.
            (11) The Aviation Heritage Foundation, Incorporated, would 
        be an appropriate management entity to oversee the development 
        of the National Aviation Heritage Area.
            (12) Five National Park Service and Dayton Aviation 
        Heritage Commission studies and planning documents: ``Study of 
        Alternatives: Dayton's Aviation Heritage'', ``Dayton Aviation 
        Heritage National Historical Park Suitability/Feasibility 
        Study'', ``Dayton Aviation Heritage General Management Plan'', 
        ``Dayton Historic Resources Preservation and Development 
        Plan'', and Heritage Area Concept Study, demonstrated that 
        sufficient historical resources exist to establish the National 
        Aviation Heritage Area.
            (13) With the advent of the 100th anniversary of the first 
        powered flight in 2003, it is recognized that the preservation 
        of properties nationally significant in the history of aviation 
        is an important goal for the future education of Americans.
            (14) Local governments, the State of Ohio, and private 
        sector interests have embraced the heritage area concept and 
        desire to enter into a partnership with the Federal government 
        to preserve, protect, and develop the Heritage Area for public 
        benefit.
            (15) The National Aviation Heritage Area would complement 
        and enhance the aviation-related resources within the National 
        Park Service, especially the Dayton Aviation Heritage National 
        Historical Park, Ohio.
    (b) Purpose.--The purpose of this title is to establish the 
Heritage Area to--
            (1) encourage and facilitate collaboration among the 
        facilities, sites, organizations, governmental entities, and 
        educational institutions within the Heritage Area to promote 
        heritage tourism and to develop educational and cultural 
        programs for the public;
            (2) preserve and interpret for the educational and 
        inspirational benefit of present and future generations the 
        unique and significant contributions to our national heritage 
of certain historic and cultural lands, structures, facilities, and 
sites within the National Aviation Heritage Area;
            (3) encourage within the National Aviation Heritage Area a 
        broad range of economic opportunities enhancing the quality of 
        life for present and future generations;
            (4) provide a management framework to assist the State of 
        Ohio, its political subdivisions, other areas, and private 
        organizations, or combinations thereof, in preparing and 
        implementing an integrated Management Plan to conserve their 
        aviation heritage and in developing policies and programs that 
        will preserve, enhance, and interpret the cultural, historical, 
        natural, recreation, and scenic resources of the Heritage Area; 
        and
            (5) authorize the Secretary to provide financial and 
        technical assistance to the State of Ohio, its political 
        subdivisions, and private organizations, or combinations 
        thereof, in preparing and implementing the private Management 
        Plan.

SEC. 103. DEFINITIONS.

     For purposes of this title:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Foundation.
            (2) Financial assistance.--The term ``financial 
        assistance'' means funds appropriated by Congress and made 
        available to the management entity for the purpose of preparing 
        and implementing the Management Plan.
            (3) Heritage area.--The term ``Heritage Area'' means the 
        National Aviation Heritage Area established by section 104 to 
        receive, distribute, and account for Federal funds appropriated 
        for the purpose of this title.
            (4) Management plan.--The term ``Management Plan'' means 
        the management plan for the Heritage Area developed under 
        section 106.
            (5) Management entity.--The term ``management entity'' 
        means the Aviation Heritage Foundation, Incorporated (a 
        nonprofit corporation established under the laws of the State 
        of Ohio).
            (6) Partner.--The term ``partner'' means a Federal, State, 
        or local governmental entity, organization, private industry, 
        educational institution, or individual involved in promoting 
        the conservation and preservation of the cultural and natural 
        resources of the Heritage Area.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Technical assistance.--The term ``technical 
        assistance'' means any guidance, advice, help, or aid, other 
        than financial assistance, provided by the Secretary.

SEC. 104. NATIONAL AVIATION HERITAGE AREA.

    (a) Establishment.--There is established in the States of Ohio and 
Indiana, the National Aviation Heritage Area.
    (b) Boundaries.--The Heritage Area shall include the following:
            (1) A core area consisting of resources in Montgomery, 
        Greene, Warren, Miami, Clark, Champaign, Shelby, and Auglaize 
        Counties in Ohio.
            (2) The Neil Armstrong Air & Space Museum, Wapakoneta, 
        Ohio.
            (3) Sites, buildings, and districts within the core area 
        recommended by the Management Plan.
    (c) Map.--A map of the Heritage Area shall be included in the 
Management Plan. The map shall be on file in the appropriate offices of 
the National Park Service, Department of the Interior.
    (d) Management Entity.--The management entity for the Heritage Area 
shall be the Aviation Heritage Foundation.

SEC. 105. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) Authorities.--For purposes of implementing the Management Plan, 
the management entity may use Federal funds made available through this 
title to--
            (1) make grants to, and enter into cooperative agreements 
        with, the State of Ohio and political subdivisions of that 
        State, private organizations, or any person;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.
    (b) Duties.--The management entity shall--
            (1) develop and submit to the Secretary for approval the 
        proposed Management Plan in accordance with section 106;
            (2) give priority to implementing actions set forth in the 
        Management Plan, including taking steps to assist units of 
        government and nonprofit organizations in preserving resources 
        within the Heritage Area;
            (3) consider the interests of diverse governmental, 
        business, and nonprofit groups within the Heritage Area in 
        developing and implementing the Management Plan;
            (4) maintain a collaboration among the partners to promote 
        heritage tourism and to assist partners to develop educational 
        and cultural programs for the public;
            (5) encourage economic viability in the Heritage Area 
        consistent 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 in the Heritage Area; and
                    (D) 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 substantial amendments to the Management Plan to 
        the Secretary for the approval of the Secretary; and
            (9) for any year in which Federal funds have been received 
        under this title--
                    (A) submit an annual report to the Secretary that 
                sets forth the accomplishments of the management entity 
                and its expenses and income;
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of such funds and 
                any matching funds; and
                    (C) require, with respect to all agreements 
                authorizing expenditure of Federal funds by other 
                organizations, that the receiving organizations make 
                available to the Secretary for audit all records 
                concerning the expenditure of such funds.
    (c) Use of Federal Funds.--
            (1) In general.--The management entity shall not use 
        Federal funds received under this title to acquire real 
        property or an interest in real property.
            (2) Other sources.--Nothing in this title precludes the 
        management entity from using Federal funds from other sources 
        for authorized purposes.

SEC. 106. MANAGEMENT PLAN.

    (a) Preparation of Plan.--Not later than 3 years after the date of 
the enactment of this title, the management entity shall submit to the 
Secretary for approval a proposed Management Plan that shall take into 
consideration State and local plans and involve residents, public 
agencies, and private organizations in the Heritage Area.
    (b) Contents.--The Management Plan shall 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 and shall include the 
following:
            (1) An inventory of the resources contained in the core 
        area of the Heritage Area, including the Dayton Aviation 
        Heritage Historical Park, the sites, buildings, and districts 
        listed in section 202 of the Dayton Aviation Heritage 
        Preservation Act of 1992 (Public Law 102-419), and any other 
        property in the Heritage Area that is related to the themes of 
        the Heritage Area and that should be preserved, restored, 
        managed, or maintained because of its significance.
            (2) An assessment of cultural landscapes within the 
        Heritage Area.
            (3) Provisions for the protection, interpretation, and 
        enjoyment of the resources of the Heritage Area consistent with 
        the purposes of this title.
            (4) An interpretation plan for the Heritage Area.
            (5) A program for implementation of the Management Plan by 
        the management entity, including the following:
                    (A) Facilitating ongoing collaboration among the 
                partners to promote heritage tourism and to develop 
                educational and cultural programs for the public.
                    (B) Assisting partners planning for restoration and 
                construction.
                    (C) Specific commitments of the partners for the 
                first 5 years of operation.
            (6) The identification of sources of funding for 
        implementing the plan.
            (7) A description and evaluation of the management entity, 
        including its membership and organizational structure.
    (c) Disqualification From Funding.--If a proposed Management Plan 
is not submitted to the Secretary within 3 years of the date of the 
enactment of this title, the management entity shall be ineligible to 
receive additional funding under this title until the date on which the 
Secretary receives the proposed Management Plan.
    (d) Approval and Disapproval of Management Plan.--The Secretary, in 
consultation with the State of Ohio, shall approve or disapprove the 
proposed Management Plan submitted under this title not later than 90 
days after receiving such proposed Management Plan.
    (e) Action Following Disapproval.--If the Secretary disapproves a 
proposed Management Plan, the Secretary shall advise the management 
entity in writing of the reasons for the disapproval and shall make 
recommendations for revisions to the proposed Management Plan. The 
Secretary shall approve or disapprove a proposed revision within 90 
days after the date it is submitted.
    (f) Approval of Amendments.--The Secretary shall review and approve 
substantial amendments to the Management Plan. Funds appropriated under 
this title may not be expended to implement any changes made by such 
amendment until the Secretary approves the amendment.

SEC. 107. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--Upon the request of the 
management entity, the Secretary may provide technical assistance, on a 
reimbursable or nonreimbursable basis, and financial assistance to the 
Heritage Area to develop and implement the management plan. The 
Secretary is authorized to enter into cooperative agreements with the 
management entity and other public or private entities for this 
purpose. In assisting the Heritage Area, the Secretary shall give 
priority to actions that in general assist in--
            (1) conserving the significant natural, historic, cultural, 
        and scenic resources of the Heritage Area; and
            (2) providing educational, interpretive, and recreational 
        opportunities consistent with the purposes of the Heritage 
        Area.
    (b) Duties of Other Federal Agencies.--Any Federal agency 
conducting or supporting activities directly affecting the Heritage 
Area shall--
            (1) consult with the Secretary and the management entity 
        with respect to such activities;
            (2) cooperate with the Secretary and the management entity 
        in carrying out their duties under this title;
            (3) to the maximum extent practicable, coordinate such 
        activities with the carrying out of such duties; and
            (4) to the maximum extent practicable, conduct or support 
        such activities in a manner which the management entity 
        determines will not have an adverse effect on the Heritage 
        Area.

SEC. 108. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF 
              DEFENSE AND THE ADMINISTRATOR OF NASA.

     The decisions concerning the execution of this title as it applies 
to properties under the control of the Secretary of Defense and the 
Administrator of the National Aeronautics and Space Administration 
shall be made by such Secretary or such Administrator, in consultation 
with the Secretary of the Interior.

SEC. 109. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the Heritage Area until the owner of that 
private property has been notified in writing by the management entity 
and has given written consent for such preservation, conservation, or 
promotion to the management entity.
    (b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the Heritage Area shall have their property 
immediately removed from the boundary by submitting a written request 
to the management entity.

SEC. 110. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this title shall be 
construed to--
            (1) require any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to such private property; or
            (2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.
    (b) Liability.--Designation of the Heritage Area shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this 
title shall be construed to modify the authority of Federal, State, or 
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any 
private property located within the boundaries of the Heritage Area to 
participate in or be associated with the Heritage Area.
    (e) Effect of Establishment.--The boundaries designated for the 
Heritage Area represent the area within which Federal funds 
appropriated for the purpose of this title may be expended. The 
establishment of the Heritage Area and its boundaries shall not be 
construed to provide any nonexisting regulatory authority on land use 
within the Heritage Area or its viewshed by the Secretary, the National 
Park Service, or the management entity.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--To carry out this title there is authorized to be 
appropriated $10,000,000, except that not more than $1,000,000 may be 
appropriated to carry out this title for any fiscal year.
    (b) Fifty Percent Match.--The Federal share of the cost of 
activities carried out using any assistance or grant under this title 
shall not exceed 50 percent.

SEC. 112. SUNSET PROVISION.

    The authority of the Secretary to provide assistance under this 
title terminates on the date that is 15 years after the date that funds 
are first made available for this Act.

                 TITLE II--WRIGHT COMPANY FACTORY STUDY

SEC. 201. STUDY AND REPORT.

    (a) Study.--
            (1) In general.--The Secretary shall conduct a special 
        resource study updating the study required under section 104 of 
        the Dayton Aviation Heritage Preservation Act of 1992 (Public 
        Law 102-419) and detailing alternatives for incorporating the 
        Wright Company factory as a unit of Dayton Aviation Heritage 
        National Historical Park.
            (2) Contents.--The study shall include an analysis of 
        alternatives for including the Wright Company factory as a unit 
        of Dayton Aviation Heritage National Historical Park that 
        detail management and development options and costs.
            (3) Consultation.--In conducting the study, the Secretary 
        shall consult with the Delphi Corporation, the Aviation 
        Heritage Foundation, State and local agencies, and other 
        interested parties in the area.
    (b) Report.--Not later than 3 years after funds are first made 
available for this section, 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 describing the 
results of the 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
```