II 

108TH CONGRESS 

1ST SESSION S. 180

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

IN THE SENATE OF THE UNITED STATES 

JANUARY 16, 2003

Mr. DEWINE (for himself and Mr. VOINOVICH) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

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,

3 TITLE I—NATIONAL AVIATION 

4 HERITAGE AREA 

5 SECTION 101. SHORT TITLE. 

6 This title may be cited as the ‘‘National Aviation 

7 Heritage Area Act’’. 

8 SEC. 102. FINDINGS AND PURPOSE. 

9 (a) FINDINGS.—Congress finds the following: 
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1 (1) Few technological advances have trans2 formed the world or our Nation’s economy, society, 

3 culture, and national character as the development 

4 of powered flight. 

5 (2) The industrial, cultural, and natural herit6 age legacies of the aviation and aerospace industry 

7 in the State of Ohio are nationally significant. 

8 (3) Dayton, Ohio, and other defined areas 

9 where the development of the airplane and aerospace 

10 technology established our Nation’s leadership in 

11 both civil and military aeronautics and astronautics 

12 set the foundation for the 20th Century to be an 

13 American Century. 

14 (4) Wright-Patterson Air Force Base in Day15 ton, Ohio, is the birthplace, the home, and an inte16 gral part of the future of aerospace. 

17 (5) The economic strength of our Nation is con18 nected integrally to the vitality of the aviation and 

19 aerospace industry, which is responsible for an esti20 mated 11,200,000 American jobs. 

21 (6) The industrial and cultural heritage of the 

22 aviation and aerospace industry in the State of Ohio 

23 includes the social history and living cultural tradi24 tions of several generations. 
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1 (7) The Department of the Interior is respon2 sible for protecting and interpreting the Nation’s 

3 cultural and historic resources, and there are signifi4 cant examples of these resources within Ohio to 

5 merit the involvement of the Federal Government to 

6 develop programs and projects in cooperation with 

7 the Aviation Heritage Foundation, Incorporated, the 

8 State of Ohio, and other local and governmental en9 tities to adequately conserve, protect, and interpret 

10 this heritage for the educational and recreational 

11 benefit of this and future generations of Americans, 

12 while providing opportunities for education and revi13 talization. 

14 (8) Since the enactment of the Dayton Aviation 

15 Heritage Preservation Act of 1992 (Public Law 

16 102–419), partnerships among the Federal, State, 

17 and local governments and the private sector have 

18 greatly assisted the development and preservation of 

19 the historic aviation resources in the Miami Valley. 

20 (9) An aviation heritage area centered in 

21 Southwest Ohio is a suitable and feasible manage22 ment option to increase collaboration, promote herit23 age tourism, and build on the established partner24 ships among Ohio’s historic aviation resources and 

25 related sites. 
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1 (10) A critical level of collaboration among the 

2 historic aviation resources in Southwest Ohio cannot 

3 be achieved without a congressionally established na4 tional heritage area and the support of the National 

5 Park Service and other Federal agencies which own 

6 significant historic aviation-related sites in Ohio. 

7 (11) The Aviation Heritage Foundation, Incor8 porated, would be an appropriate management entity 

9 to oversee the development of the National Aviation 

10 Heritage Area. 

11 (12) Five National Park Service and Dayton 

12 Aviation Heritage Commission studies and planning 

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

14 Heritage’’, ‘‘Dayton Aviation Heritage National His15 torical Park Suitability/Feasibility Study’’, ‘‘Dayton 

16 Aviation Heritage General Management Plan’’, 

17 ‘‘Dayton Historic Resources Preservation and Devel18 opment Plan’’, and Heritage Area Concept Study (in 

19 progress) demonstrated that sufficient historical re20 sources exist to establish the National Aviation Her21 itage Area. 

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

23 of the first powered flight in 2003, it is recognized 

24 that the preservation of properties nationally signifi-
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1 cant in the history of aviation is an important goal 

2 for the future education of Americans. 

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

4 private sector interests have embraced the heritage

5 area concept and desire to enter into a partnership 

6 with the Federal Government to preserve, protect, 

7 and develop the Heritage Area for public benefit. 

8 (15) The National Aviation Heritage Area 

9 would complement and enhance the aviation-related 

10 resources within the National Park Service, espe11 cially the Dayton Aviation Heritage National Histor12 ical Park, Ohio. 

13 (b) PURPOSE.—The purpose of this title is to estab14 lish the Heritage Area to—

15 (1) encourage and facilitate collaboration 

16 among the facilities, sites, organizations, govern17 mental entities, and educational institutions within 

18 the Heritage Area to promote heritage tourism and 

19 to develop educational and cultural programs for the 

20 public; 

21 (2) preserve and interpret for the educational 

22 and inspirational benefit of present and future gen23 erations the unique and significant contributions to 

24 our national heritage of certain historic and cultural 
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1 lands, structures, facilities, and sites within the Na2 tional Aviation Heritage Area; 

3 (3) encourage within the National Aviation 

4 Heritage Area a broad range of economic opportuni5 ties enhancing the quality of life for present and fu6 ture generations; 

7 (4) provide a management framework to assist 

8 the State of Ohio, its political subdivisions, other 

9 areas, and private organizations, or combinations 

10 thereof, in preparing and implementing an inte11 grated Management Plan to conserve their aviation 

12 heritage and in developing policies and programs 

13 that will preserve, enhance, and interpret the cul14 tural, historical, natural, recreation, and scenic re15 sources of the Heritage Area; and 

16 (5) authorize the Secretary to provide financial 

17 and technical assistance to the State of Ohio, its po18 litical subdivisions, and private organizations, or 

19 combinations thereof, in preparing and implementing 

20 the private Management Plan. 

21 SEC. 103. DEFINITIONS. 

22 For purposes of this title: 

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

24 Board of Directors of the Foundation. 
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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 

8 established by section 4 to receive, distribute, and 

9 account for Federal funds appropriated for the pur10 pose of this title. 

11 (4) MANAGEMENT PLAN.—The term ‘‘Manage12 ment Plan’’ means the management plan for the 

13 Heritage Area developed under section 106. 

14 (5) MANAGEMENT ENTITY.—The term ‘‘man15 agement entity’’ means the Aviation Heritage Foun16 dation, 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 re23 sources of the Heritage Area. 

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

25 the Secretary of the Interior. 
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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 Herit8 age 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, and Cham13 paign Counties in Ohio. 

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

15 Wapakoneta, Ohio, and the Wilbur Wright Birth16 place and Museum, Millville, Indiana. 

17 (3) Sites, buildings, and districts within the 

18 core area recommended by the Management Plan. 

19 (c) MAP.—A map of the Heritage Area shall be in20 cluded in the Management Plan. The map shall be on file 

21 in the appropriate offices of the National Park Service, 

22 Department of the Interior. 

23 (d) MANAGEMENT ENTITY.—The management entity 

24 for the Heritage Area shall be the Aviation Heritage 

25 Foundation. 
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1 SEC. 105. AUTHORITIES AND DUTIES OF THE MANAGEMENT 

2 ENTITY. 

3 (a) AUTHORITIES.—For purposes of implementing 

4 the Management Plan, the management entity may use 

5 Federal funds made available through this Act 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 

18 steps to assist units of government and nonprofit or19 ganizations in preserving resources within the Herit20 age Area and encouraging local governments to 

21 adopt land use policies consistent with the manage22 ment of the Heritage Area and the goals of the 

23 Management Plan; 

24 (3) consider the interests of diverse govern25 mental, business, and nonprofit groups within the 
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1 Heritage Area in developing and implementing the 

2 Management Plan; 

3 (4) maintain a collaboration among the part4 ners to promote heritage tourism and to assist part5 ners to develop educational and cultural programs 

6 for the public; 

7 (5) encourage economic viability in the Heritage 

8 Area consistent with the goals of the Management 

9 Plan; 

10 (6) assist units of government and nonprofit or11 ganizations in—

12 (A) establishing and maintaining interpre13 tive exhibits in the Heritage Area; 

14 (B) developing recreational resources in 

15 the Heritage Area; 

16 (C) increasing public awareness of and ap17 preciation for the historical, natural, and archi18 tectural resources and sites in the Heritage 

19 Area; and 

20 (D) restoring historic buildings that relate 

21 to the purposes of the Heritage Area; 

22 (7) assist units of government and nonprofit or23 ganizations to ensure that clear, consistent, and en24 vironmentally appropriate signs identifying access 
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1 points and sites of interest are placed throughout 

2 the Heritage Area; 

3 (8) conduct public meetings at least quarterly 

4 regarding the implementation of the Management 

5 Plan; 

6 (9) submit substantial amendments to the Man7 agement Plan to the Secretary for the approval of 

8 the Secretary; and 

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

10 been received under this Act—

11 (A) submit an annual report to the Sec12 retary that sets forth the accomplishments of 

13 the management entity and its expenses and in14 come; 

15 (B) make available to the Secretary for 

16 audit all records relating to the expenditure of 

17 such funds and any matching funds; and 

18 (C) require, with respect to all agreements 

19 authorizing expenditure of Federal funds by 

20 other organizations, that the receiving organiza21 tions make available to the Secretary for audit 

22 all records concerning the expenditure of such 

23 funds. 

24 (c) USE OF FEDERAL FUNDS.—
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1 (1) IN GENERAL.—The management entity 

2 shall not use Federal funds received under this Act 

3 to acquire real property or an interest in real prop4 erty. 

5 (2) OTHER SOURCES.—Nothing in this Act pre6 cludes the management entity from using Federal 

7 funds from other sources for authorized purposes. 

8 SEC. 106. MANAGEMENT PLAN. 

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

10 after the date of enactment of this Act, the management 

11 entity shall submit to the Secretary for approval a pro12 posed Management Plan that shall take into consideration 

13 State and local plans and involve residents, public agen14 cies, and private organizations in the Heritage Area. 

15 (b) CONTENTS.—The Management Plan shall incor16 porate an integrated and cooperative approach for the pro17 tection, enhancement, and interpretation of the natural, 

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

19 Heritage Area and shall include the following: 

20 (1) An inventory of the resources contained in 

21 the core area of the Heritage Area, including the 

22 Dayton Aviation Heritage Historical Park, the sites, 

23 buildings, and districts listed in section 202 of the 

24 Dayton Aviation Heritage Preservation Act of 1992 

25 (Public Law 102–419), and any other property in 
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1 the Heritage Area that is related to the themes of 

2 the Heritage Area and that should be preserved, re3 stored, managed, or maintained because of its sig4 nificance. 

5 (2) An assessment of cultural landscapes within 

6 the Heritage Area. 

7 (3) Provisions for the protection, interpretation, 

8 and enjoyment of the resources of the Heritage Area 

9 consistent with the purposes of this Act. 

10 (4) An interpretation plan for the Heritage 

11 Area. 

12 (5) A program for implementation of the Man13 agement Plan by the management entity, including 

14 the following: 

15 (A) Facilitating ongoing collaboration 

16 among the partners to promote heritage tour17 ism and to develop educational and cultural 

18 programs for the public. 

19 (B) Assisting partners planning for res20 toration and construction. 

21 (C) Specific commitments of the partners 

22 for the first 5 years of operation. 

23 (6) The identification of sources of funding for 

24 implementing the plan. 
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1 (7) A description and evaluation of the manage2 ment entity, including its membership and organiza3 tional structure. 

4 (c) DISQUALIFICATION FROM FUNDING.—If a pro5 posed Management Plan is not submitted to the Secretary

6 within 3 years of the date of the enactment of this Act, 

7 the management entity shall be ineligible to receive addi8 tional funding under this Act until the date on which the 

9 Secretary receives the proposed Management Plan. 

10 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

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

12 Ohio, shall approve or disapprove the proposed Manage13 ment Plan submitted under this Act not later than 90 

14 days after receiving such proposed Management Plan. 

15 (e) ACTION FOLLOWING DISAPPROVAL.—If the Sec16 retary disapproves a proposed Management Plan, the Sec17 retary shall advise the management entity in writing of 

18 the reasons for the disapproval and shall make rec19 ommendations for revisions to the proposed Management 

20 Plan. The Secretary shall approve or disapprove a pro21 posed revision within 90 days after the date it is sub22 mitted. 

23 (f) APPROVAL OF AMENDMENTS.—The Secretary 

24 shall review and approve substantial amendments to the 

25 Management Plan. Funds appropriated under this Act 
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1 may not be expended to implement any changes made by 

2 such amendment until the Secretary approves the amend3 ment. 

4 SEC. 107. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

5 FEDERAL AGENCIES. 

6 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon 

7 the request of the management entity, the Secretary may 

8 provide technical assistance, on a reimbursable or non9 reimbursable basis, and financial assistance to the Herit10 age Area to develop and implement the Management Plan. 

11 The Secretary is authorized to enter into cooperative 

12 agreements with the management entity and other public 

13 or private entities for this purpose. In assisting the Herit14 age Area, the Secretary shall give priority to actions that 

15 in general assist in—

16 (1) conserving the significant natural, historic, 

17 cultural, and scenic resources of the Heritage Area; 

18 and 

19 (2) providing educational, interpretive, and rec20 reational opportunities consistent with the purposes 

21 of the Heritage Area. 

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

23 Federal agency conducting or supporting activities directly 

24 affecting the Heritage Area shall—
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1 (1) consult with the Secretary and the manage2 ment entity with respect to such activities; 

3 (2) cooperate with the Secretary and the man4 agement entity in carrying out their duties under 

5 this Act; 

6 (3) to the maximum extent practicable, coordi7 nate such activities with the carrying out of such du8 ties; and 

9 (4) to the maximum extent practicable, conduct 

10 or support such activities in a manner which the 

11 management entity determines will not have an ad12 verse effect on the Heritage Area. 

13 SEC. 108. COORDINATION BETWEEN THE SECRETARY AND 

14 THE SECRETARY OF DEFENSE AND THE AD15 MINISTRATOR OF NASA. 

16 The decisions concerning the execution of this title 

17 as it applies to properties under the control of the Sec18 retary of Defense and the Administrator of the National 

19 Aeronautics and Space Administration shall be made by 

20 such Secretary or such Administrator, in consultation with 

21 the Secretary of the Interior. 

22 SEC. 109. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) IN GENERAL.—To carry out this title there is au24 thorized to be appropriated $10,000,000, except that not 
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1 more than $1,000,000 may be appropriated to carry out 

2 this title for any fiscal year. 

3 (b) 50 PERCENT MATCH.—The Federal share of the 

4 cost of activities carried out using any assistance or grant 

5 under this title shall not exceed 50 percent. 

6 SEC. 110. SUNSET PROVISION. 

7 The authority of the Secretary to provide assistance 

8 under this title terminates on the date that is 15 years 

9 after the date of enactment of this title. 

10 TITLE II—WRIGHT COMPANY 

11 FACTORY STUDY 

12 SEC. 201. STUDY. 

13 (a) IN GENERAL.—The Secretary shall conduct a 

14 special resource study updating the study required under 

15 section 104 of the Dayton Aviation Heritage Preservation 

16 Act of 1992 (Public Law 102–419) and detailing alter17 natives for incorporating the Wright Company factory as 

18 a unit of Dayton Aviation Heritage National Historical 

19 Park. 

20 (b) CONTENTS.—The study shall include an analysis 

21 of alternatives for including the Wright Company factory 

22 as a unit of Dayton Aviation Heritage National Historical 

23 Park that detail management and development options 

24 and costs. 
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1 (c) CONSULTATION.—In conducting the study, the 

2 Secretary shall consult with the Delphi Corporation, the 

3 Dayton Aviation Heritage Commission, the Aviation Her4 itage Foundation, State and local agencies, and other in5 terested parties in the area. 

6 SEC. 202. REPORT. 

7 Not later than 3 years after funds are first made 

8 available for this title, the Secretary shall submit to the 

9 Committee on Resources of the House of Representatives 

10 and the Committee on Energy and Natural Resources of 

11 the Senate a report describing the results of the study con12 ducted under section 201.

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