II 

Calendar No. 611

108TH CONGRESS 

2D SESSION S. 180

[Report No. 108–292] 

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 

JULY 7, 2004

Reported by Mr. DOMENICI, with an amendment 

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

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,
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1 TITLE I—NATIONAL AVIATION 

2 HERITAGE AREA 

3 SECTION 101. SHORT TITLE. 

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

5 Heritage Area Act’’. 

6 SEC. 102. FINDINGS AND PURPOSE. 

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

8 (1) Few technological advances have trans9 formed the world or our Nation’s economy, society, 

10 culture, and national character as the development 

11 of powered flight. 

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

14 in the State of Ohio are nationally significant. 

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

16 where the development of the airplane and aerospace 

17 technology established our Nation’s leadership in 

18 both civil and military aeronautics and astronautics 

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

20 American Century. 

21 (4) Wright-Patterson Air Force Base in Day22 ton, Ohio, is the birthplace, the home, and an inte23 gral 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 
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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 respon8 sible for protecting and interpreting the Nation’s 

9 cultural and historic resources, and there are signifi10 cant examples of these resources within Ohio to 

11 merit the involvement of the Federal Government to 

12 develop programs and projects in cooperation with 

13 the Aviation Heritage Foundation, Incorporated, the 

14 State of Ohio, and other local and governmental en15 tities to adequately conserve, protect, and interpret 

16 this heritage for the educational and recreational 

17 benefit of this and future generations of Americans, 

18 while providing opportunities for education and revi19 talization. 

20 (8) Since the enactment of the Dayton Aviation 

21 Heritage Preservation Act of 1992 (Public Law 

22 102–419), partnerships among the Federal, State, 

23 and local governments and the private sector have 

24 greatly assisted the development and preservation of 

25 the historic aviation resources in the Miami Valley. 
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1 (9) An aviation heritage area centered in 

2 Southwest Ohio is a suitable and feasible manage3 ment option to increase collaboration, promote herit4 age tourism, and build on the established partner5 ships among Ohio’s historic aviation resources and 

6 related sites. 

7 (10) A critical level of collaboration among the 

8 historic aviation resources in Southwest Ohio cannot 

9 be achieved without a congressionally established na10 tional heritage area and the support of the National 

11 Park Service and other Federal agencies which own 

12 significant historic aviation-related sites in Ohio. 

13 (11) The Aviation Heritage Foundation, Incor14 porated, would be an appropriate management entity 

15 to oversee the development of the National Aviation 

16 Heritage Area. 

17 (12) Five National Park Service and Dayton 

18 Aviation Heritage Commission studies and planning 

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

20 Heritage’’, ‘‘Dayton Aviation Heritage National His21 torical Park Suitability/Feasibility Study’’, ‘‘Dayton 

22 Aviation Heritage General Management Plan’’, 

23 ‘‘Dayton Historic Resources Preservation and Devel24 opment Plan’’, and Heritage Area Concept Study (in 

25 progress) demonstrated that sufficient historical re-
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1 sources exist to establish the National Aviation Her2 itage Area. 

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

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

5 that the preservation of properties nationally signifi6 cant in the history of aviation is an important goal 

7 for the future education of Americans. 

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

9 private sector interests have embraced the heritage 

10 area concept and desire to enter into a partnership 

11 with the Federal Government to preserve, protect, 

12 and develop the Heritage Area for public benefit. 

13 (15) The National Aviation Heritage Area 

14 would complement and enhance the aviation-related 

15 resources within the National Park Service, espe16 cially the Dayton Aviation Heritage National Histor17 ical Park, Ohio. 

18 (b) PURPOSE.—The purpose of this title is to estab19 lish the Heritage Area to—

20 (1) encourage and facilitate collaboration 

21 among the facilities, sites, organizations, govern22 mental entities, and educational institutions within 

23 the Heritage Area to promote heritage tourism and 

24 to develop educational and cultural programs for the 

25 public; 
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1 (2) preserve and interpret for the educational 

2 and inspirational benefit of present and future gen3 erations the unique and significant contributions to 

4 our national heritage of certain historic and cultural 

5 lands, structures, facilities, and sites within the Na6 tional Aviation Heritage Area; 

7 (3) encourage within the National Aviation 

8 Heritage Area a broad range of economic opportuni9 ties enhancing the quality of life for present and fu10 ture generations; 

11 (4) provide a management framework to assist 

12 the State of Ohio, its political subdivisions, other 

13 areas, and private organizations, or combinations 

14 thereof, in preparing and implementing an inte15 grated Management Plan to conserve their aviation 

16 heritage and in developing policies and programs 

17 that will preserve, enhance, and interpret the cul18 tural, historical, natural, recreation, and scenic re19 sources of the Heritage Area; and 

20 (5) authorize the Secretary to provide financial 

21 and technical assistance to the State of Ohio, its po22 litical subdivisions, and private organizations, or 

23 combinations thereof, in preparing and implementing 

24 the private Management Plan. 
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1 SEC. 103. DEFINITIONS. 

2 For purposes of this title: 

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

4 Board of Directors of the Foundation. 

5 (2) FINANCIAL ASSISTANCE.—The term ‘‘finan6 cial assistance’’ means funds appropriated by Con7 gress and made available to the management entity 

8 for the purpose of preparing and implementing the 

9 Management Plan. 

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

11 Area’’ means the National Aviation Heritage Area 

12 established by section 4 to receive, distribute, and 

13 account for Federal funds appropriated for the pur14 pose of this title. 

15 (4) MANAGEMENT PLAN.—The term ‘‘Manage16 ment Plan’’ means the management plan for the 

17 Heritage Area developed under section 106. 

18 (5) MANAGEMENT ENTITY.—The term ‘‘man19 agement entity’’ means the Aviation Heritage Foun20 dation, Incorporated (a nonprofit corporation estab21 lished under the laws of the State of Ohio). 

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

23 Federal, State, or local governmental entity, organi24 zation, private industry, educational institution, or 

25 individual involved in promoting the conservation 
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1 and preservation of the cultural and natural re2 sources of the Heritage Area. 

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

4 the Secretary of the Interior. 

5 (8) TECHNICAL ASSISTANCE.—The term ‘‘tech6 nical assistance’’ means any guidance, advice, help, 

7 or aid, other than financial assistance, provided by 

8 the Secretary. 

9 SEC. 104. NATIONAL AVIATION HERITAGE AREA. 

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

11 States of Ohio and Indiana, the National Aviation Herit12 age Area. 

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

14 the following: 

15 (1) A core area consisting of resources in Mont16 gomery, Greene, Warren, Miami, Clark, and Cham17 paign Counties in Ohio. 

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

19 Wapakoneta, Ohio, and the Wilbur Wright Birth20 place and Museum, Millville, Indiana. 

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

22 core area recommended by the Management Plan. 

23 (c) MAP.—A map of the Heritage Area shall be in24 cluded in the Management Plan. The map shall be on file 
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1 in the appropriate offices of the National Park Service, 

2 Department of the Interior. 

3 (d) MANAGEMENT ENTITY.—The management entity 

4 for the Heritage Area shall be the Aviation Heritage 

5 Foundation. 

6 SEC. 105. AUTHORITIES AND DUTIES OF THE MANAGEMENT 

7 ENTITY. 

8 (a) AUTHORITIES.—For purposes of implementing 

9 the Management Plan, the management entity may use 

10 Federal funds made available through this Act to—

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

12 agreements with, the State of Ohio and political sub13 divisions of that State, private organizations, or any 

14 person; 

15 (2) hire and compensate staff; and 

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

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

18 (1) develop and submit to the Secretary for ap19 proval the proposed Management Plan in accordance 

20 with section 106; 

21 (2) give priority to implementing actions set 

22 forth in the Management Plan, including taking 

23 steps to assist units of government and nonprofit or24 ganizations in preserving resources within the Herit25 age Area and encouraging local governments to 
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1 adopt land use policies consistent with the manage2 ment of the Heritage Area and the goals of the 

3 Management Plan; 

4 (3) consider the interests of diverse govern5 mental, business, and nonprofit groups within the 

6 Heritage Area in developing and implementing the 

7 Management Plan; 

8 (4) maintain a collaboration among the part9 ners to promote heritage tourism and to assist part10 ners to develop educational and cultural programs 

11 for the public; 

12 (5) encourage economic viability in the Heritage 

13 Area consistent with the goals of the Management 

14 Plan; 

15 (6) assist units of government and nonprofit or16 ganizations in—

17 (A) establishing and maintaining interpre18 tive exhibits in the Heritage Area; 

19 (B) developing recreational resources in 

20 the Heritage Area; 

21 (C) increasing public awareness of and ap22 preciation for the historical, natural, and archi23 tectural resources and sites in the Heritage 

24 Area; and 
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1 (D) restoring historic buildings that relate 

2 to the purposes of the Heritage Area; 

3 (7) assist units of government and nonprofit or4 ganizations to ensure that clear, consistent, and en5 vironmentally appropriate signs identifying access 

6 points and sites of interest are placed throughout 

7 the Heritage Area; 

8 (8) conduct public meetings at least quarterly 

9 regarding the implementation of the Management 

10 Plan; 

11 (9) submit substantial amendments to the Man12 agement Plan to the Secretary for the approval of 

13 the Secretary; and 

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

15 been received under this Act—

16 (A) submit an annual report to the Sec17 retary that sets forth the accomplishments of 

18 the management entity and its expenses and in19 come; 

20 (B) make available to the Secretary for 

21 audit all records relating to the expenditure of 

22 such funds and any matching funds; and 

23 (C) require, with respect to all agreements 

24 authorizing expenditure of Federal funds by 

25 other organizations, that the receiving organiza-
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1 tions make available to the Secretary for audit 

2 all records concerning the expenditure of such 

3 funds. 

4 (c) USE OF FEDERAL FUNDS.—

5 (1) IN GENERAL.—The management entity 

6 shall not use Federal funds received under this Act 

7 to acquire real property or an interest in real prop8 erty. 

9 (2) OTHER SOURCES.—Nothing in this Act pre10 cludes the management entity from using Federal 

11 funds from other sources for authorized purposes. 

12 SEC. 106. MANAGEMENT PLAN. 

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

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

15 entity shall submit to the Secretary for approval a pro16 posed Management Plan that shall take into consideration 

17 State and local plans and involve residents, public agen18 cies, and private organizations in the Heritage Area. 

19 (b) CONTENTS.—The Management Plan shall incor20 porate an integrated and cooperative approach for the pro21 tection, enhancement, and interpretation of the natural, 

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

23 Heritage Area and shall include the following: 

24 (1) An inventory of the resources contained in 

25 the core area of the Heritage Area, including the 
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1 Dayton Aviation Heritage Historical Park, the sites, 

2 buildings, and districts listed in section 202 of the 

3 Dayton Aviation Heritage Preservation Act of 1992 

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

5 the Heritage Area that is related to the themes of 

6 the Heritage Area and that should be preserved, re7 stored, managed, or maintained because of its sig8 nificance. 

9 (2) An assessment of cultural landscapes within 

10 the Heritage Area. 

11 (3) Provisions for the protection, interpretation, 

12 and enjoyment of the resources of the Heritage Area 

13 consistent with the purposes of this Act. 

14 (4) An interpretation plan for the Heritage 

15 Area. 

16 (5) A program for implementation of the Man17 agement Plan by the management entity, including 

18 the following: 

19 (A) Facilitating ongoing collaboration 

20 among the partners to promote heritage tour21 ism and to develop educational and cultural 

22 programs for the public. 

23 (B) Assisting partners planning for res24 toration and construction. 
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1 (C) Specific commitments of the partners 

2 for the first 5 years of operation. 

3 (6) The identification of sources of funding for 

4 implementing the plan. 

5 (7) A description and evaluation of the manage6 ment entity, including its membership and organiza7 tional structure. 

8 (c) DISQUALIFICATION FROM FUNDING.—If a pro9 posed Management Plan is not submitted to the Secretary 

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

11 the management entity shall be ineligible to receive addi12 tional funding under this Act until the date on which the 

13 Secretary receives the proposed Management Plan. 

14 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

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

16 Ohio, shall approve or disapprove the proposed Manage17 ment Plan submitted under this Act not later than 90 

18 days after receiving such proposed Management Plan. 

19 (e) ACTION FOLLOWING DISAPPROVAL.—If the Sec20 retary disapproves a proposed Management Plan, the Sec21 retary shall advise the management entity in writing of 

22 the reasons for the disapproval and shall make rec23 ommendations for revisions to the proposed Management 

24 Plan. The Secretary shall approve or disapprove a pro-
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1 posed revision within 90 days after the date it is sub2 mitted. 

3 (f) APPROVAL OF AMENDMENTS.—The Secretary 

4 shall review and approve substantial amendments to the 

5 Management Plan. Funds appropriated under this Act 

6 may not be expended to implement any changes made by 

7 such amendment until the Secretary approves the amend8 ment. 

9 SEC. 107. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

10 FEDERAL AGENCIES. 

11 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon 

12 the request of the management entity, the Secretary may 

13 provide technical assistance, on a reimbursable or non14 reimbursable basis, and financial assistance to the Herit15 age Area to develop and implement the Management Plan. 

16 The Secretary is authorized to enter into cooperative 

17 agreements with the management entity and other public 

18 or private entities for this purpose. In assisting the Herit19 age Area, the Secretary shall give priority to actions that 

20 in general assist in—

21 (1) conserving the significant natural, historic, 

22 cultural, and scenic resources of the Heritage Area; 

23 and 
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1 (2) providing educational, interpretive, and rec2 reational opportunities consistent with the purposes 

3 of the Heritage Area. 

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

5 Federal agency conducting or supporting activities directly 

6 affecting the Heritage Area shall—

7 (1) consult with the Secretary and the manage8 ment entity with respect to such activities; 

9 (2) cooperate with the Secretary and the man10 agement entity in carrying out their duties under 

11 this Act; 

12 (3) to the maximum extent practicable, coordi13 nate such activities with the carrying out of such du14 ties; and 

15 (4) to the maximum extent practicable, conduct 

16 or support such activities in a manner which the 

17 management entity determines will not have an ad18 verse effect on the Heritage Area. 

19 SEC. 108. COORDINATION BETWEEN THE SECRETARY AND 

20 THE SECRETARY OF DEFENSE AND THE AD21 MINISTRATOR OF NASA. 

22 The decisions concerning the execution of this title 

23 as it applies to properties under the control of the Sec24 retary of Defense and the Administrator of the National 

25 Aeronautics and Space Administration shall be made by 
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1 such Secretary or such Administrator, in consultation with 

2 the Secretary of the Interior. 

3 SEC. 109. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—To carry out this title there is au5 thorized to be appropriated $10,000,000, except that not 

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

7 this title for any fiscal year. 

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

9 cost of activities carried out using any assistance or grant 

10 under this title shall not exceed 50 percent. 

11 SEC. 110. SUNSET PROVISION. 

12 The authority of the Secretary to provide assistance 

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

14 after the date of enactment of this title. 

15 TITLE II—WRIGHT COMPANY 

16 FACTORY STUDY 

17 SEC. 201. STUDY. 

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

19 special resource study updating the study required under 

20 section 104 of the Dayton Aviation Heritage Preservation 

21 Act of 1992 (Public Law 102–419) and detailing alter22 natives for incorporating the Wright Company factory as 

23 a unit of Dayton Aviation Heritage National Historical 

24 Park.
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1 (b) CONTENTS.—The study shall include an analysis 

2 of alternatives for including the Wright Company factory 

3 as a unit of Dayton Aviation Heritage National Historical 

4 Park that detail management and development options 

5 and costs. 

6 (c) CONSULTATION.—In conducting the study, the 

7 Secretary shall consult with the Delphi Corporation, the 

8 Dayton Aviation Heritage Commission, the Aviation Her9 itage Foundation, State and local agencies, and other in10 terested parties in the area. 

11 SEC. 202. REPORT. 

12 Not later than 3 years after funds are first made 

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

14 Committee on Resources of the House of Representatives 

15 and the Committee on Energy and Natural Resources of 

16 the Senate a report describing the results of the study con17 ducted under section 201.

18 SECTION 1. TABLE OF CONTENTS. 

19 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. 
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TITLE II—WRIGHT COMPANY FACTORY STUDY 

Sec. 201. Definitions. 

Sec. 202. Study. 

Sec. 203. Report.

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. DEFINITIONS. 

7 In this title: 

8 (1) HERITAGE AREA.—The term ‘‘Heritage 

9 Area’’ means the National Aviation Heritage Area es10 tablished by section 103(a). 

11 (2) MANAGEMENT ENTITY.—The term ‘‘manage12 ment entity’’ means the Aviation Heritage Founda13 tion, Incorporated, a nonprofit corporation estab14 lished under the laws of the State of Ohio. 

15 (3) MANAGEMENT PLAN.—The term ‘‘manage16 ment plan’’ means the management plan for the Her17 itage Area developed under section 104. 

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

19 (A) a Federal, State, or local governmental 

20 entity; or 

21 (B) an organization, private industry, or 

22 person involved in promoting the conservation 
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1 and preservation of the cultural and natural re2 sources of the Heritage Area. 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

5 SEC. 103. 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.—

10 (1) IN GENERAL.—The Heritage Area shall in11 clude—

12 (A) a core area consisting of resources in 

13 Montgomery, Greene, Warren, Miami, Clark, 

14 Shelby, Auglaize, and Champaign Counties in 

15 the State of Ohio; 

16 (B) the Neil Armstrong Air & Space Mu17 seum, Wapakoneta, Ohio; 

18 (C) the Wilbur Wright Birthplace and Mu19 seum, Millville, Indiana; and 

20 (D) any sites, buildings, and districts with21 in the core area described in subparagraph (A) 

22 that are recommended for inclusion in the Herit23 age Area in the management plan. 

24 (2) MAP.—
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1 (A) IN GENERAL.—The Secretary shall pre2 pare a map of the Heritage Area for inclusion 

3 in the management plan. 

4 (B) AVAILABILITY.—The map shall be on 

5 file and available for public inspection in the 

6 appropriate offices of the National Park Service. 

7 SEC. 104. MANAGEMENT PLAN. 

8 (a) IN GENERAL.—Not later than 3 years after the 

9 date of enactment of this Act, the management entity shall 

10 submit to the Secretary for approval a management plan 

11 for the Heritage Area. 

12 (b) REQUIREMENTS.—The management plan shall—

13 (1) incorporate an integrated and cooperative 

14 approach for the protection, enhancement, and inter15 pretation of the natural, cultural, historic, scenic, and 

16 recreational resources of the Heritage Area; 

17 (2) take into consideration Federal, State, and 

18 local plans; 

19 (3) involve residents, public agencies, and pri20 vate organizations in the Heritage Area; 

21 (4) include—

22 (A) an assessment of cultural landscapes in 

23 the Heritage Area; 

24 (B) provisions for the protection, interpreta25 tion, and enjoyment of the resources of the Herit-
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1 age Area that are consistent with the purposes of 

2 this title; 

3 (C) an interpretation plan for the Heritage 

4 Area; 

5 (D) a program for the implementation of 

6 the management plan by the management entity 

7 that includes—

8 (i) provisions for facilitating ongoing 

9 collaboration among the partners to—

10 (I) promote heritage tourism; and 

11 (II) develop educational and cul12 tural programs for the public; 

13 (ii) provisions for assisting partners in 

14 plans for restoration and construction of the 

15 Heritage Area; and 

16 (iii) to the maximum extent prac17 ticable, specific commitments from partners 

18 for the first 5 years of operation of the Her19 itage Area; and 

20 (E) an inventory of the resources contained 

21 in the core area of the Heritage Area, includ22 ing— 

23 (i) the Dayton Aviation Heritage His24 torical Park;
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1 (ii) the sites, buildings, and districts 

2 listed in section 202 of the Dayton Aviation 

3 Heritage Preservation Act of 1992 (Public 

4 Law 102–419); and 

5 (iii) any other property that— 

6 (I) is related to the themes of the 

7 Heritage Area; and 

8 (II) should be preserved, restored, 

9 managed, or maintained because of the 

10 significance of the property; 

11 (5) identify sources of funding for the implemen12 tation of the management plan; and 

13 (6) describe and evaluate the management entity, 

14 including a description and evaluation of— 

15 (A) the membership of the management en16 tity; and 

17 (B) the organizational structure of the man18 agement entity. 

19 (c) FAILURE TO SUBMIT.—If the management entity 

20 fails to submit the management plan by the date described 

21 in subsection (a), the Secretary shall not provide any addi22 tional funding under this title to the management entity 

23 until the date on which the management entity submits a 

24 management plan to the Secretary. 
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1 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

2 PLANS.—

3 (1) IN GENERAL.—Not later than 90 days after 

4 the date of the receipt of the management plan under 

5 subsection (a), the Secretary, in consultation with the 

6 State of Ohio, shall approve or disapprove the plan. 

7 (2) DISAPPROVAL AND REVISION.—If the Sec8 retary disapproves a management plan under para9 graph (1), the Secretary shall—

10 (A) advise the management entity in writ11 ing of the reasons for the disapproval; 

12 (B) make recommendations for revisions to 

13 the management plan; and 

14 (C) not later than 90 days after the receipt 

15 of any proposed revision of the management 

16 plan from the management entity, approve or 

17 disapprove the proposed revision. 

18 (e) AMENDMENTS.—

19 (1) IN GENERAL.—The Secretary shall review 

20 each amendment to the management plan that the 

21 Secretary determines may make a substantial change 

22 to the management plan. 

23 (2) USE OF FUNDS.—Funds made available 

24 under this title shall not be expended to implement an 
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1 amendment described in paragraph (1) until the Sec2 retary approves the amendment. 

3 SEC. 105. ADMINISTRATION. 

4 (a) IN GENERAL.—The management entity shall ad5 minister the Heritage Area in accordance with this title. 

6 (b) AUTHORITIES.—The management entity may, for 

7 purposes of implementing the management plan, use Fed8 eral funds made available under this title to—

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

10 agreements with—

11 (A) the State of Ohio (including a political 

12 subdivision of the State); 

13 (B) a private organization; or 

14 (C) any person; 

15 (2) hire and compensate staff; 

16 (3) contract for goods and services; and 

17 (4) obtain funds from any source (including a 

18 program that has a cost-sharing requirement). 

19 (c) DUTIES OF MANAGEMENT ENTITY.—In addition to 

20 developing the management plan under section 104, in car21 rying out this title, the management entity shall—

22 (1) give priority to the implementation of ac23 tions set forth in the management plan, including—
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1 (A) assisting units of government and non2 profit organizations in preserving the resources 

3 of the Heritage Area; and 

4 (B) encouraging local governments to adopt 

5 land use policies that are consistent with—

6 (i) the management of the Heritage 

7 Area; and 

8 (ii) the goals of the management plan; 

9 (2) in developing and implementing the manage10 ment plan, consider the interests of diverse govern11 mental, business, and nonprofit organizations in the 

12 Heritage Area; 

13 (3) maintain a collaboration among the partners 

14 to promote heritage tourism; 

15 (4) assist partners in developing educational and 

16 cultural programs for the public; 

17 (5) encourage economic viability in the Heritage 

18 Area in accordance with the goals of the management 

19 plan; 

20 (6) assist units of government and nonprofit or21 ganizations in—

22 (A) establishing and maintaining interpre23 tive exhibits in the Heritage Area; 

24 (B) developing recreational resources in the 

25 Heritage Area; 
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1 (C) increasing public awareness of and ap2 preciation for the historical, natural, and archi3 tectural resources and sites of the Heritage Area; 

4 (D) installing throughout the Heritage 

5 Area, clear, consistent, and environmentally ap6 propriate signs that identify access points and 

7 sites of interest; and 

8 (E) restoring historic buildings that relate 

9 to the purposes of the Heritage Area; 

10 (7) conduct public meetings at least quarterly re11 garding the implementation of the management plan; 

12 (8) submit to the Secretary for approval substan13 tial amendments to the management plan; and 

14 (9) for any fiscal year for which Federal funds 

15 are made available to carry out this Act under section 

16 107—

17 (A) submit to the Secretary a report that 

18 describes, for the fiscal year—

19 (i) any activities conducted by the 

20 management entity with respect to the Her21 itage Area; and 

22 (ii) any expenses incurred by the man23 agement entity in carrying out this title;
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1 (B) make available to the Secretary for 

2 audit all records relating to the expenditure of 

3 the funds and any matching funds; and 

4 (C) require, for all agreements authorizing 

5 the expenditure of Federal funds by any entity, 

6 that the receiving entity make available to the 

7 Secretary for audit all records relating to the ex8 penditure of the funds. 

9 (d) PROHIBITION OF ACQUISITION OF REAL PROP10 ERTY.—

11 (1) USE OF FEDERAL FUNDS.—The management 

12 entity shall not use Federal funds made available 

13 under this title to acquire real property or any inter14 est in real property. 

15 (2) FUNDS FROM OTHER SOURCES.—The man16 agement entity may acquire real property or an in17 terest in real property using non-Federal funds. 

18 SEC. 106. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

19 FEDERAL AGENCIES. 

20 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

21 (1) IN GENERAL.—On the request of the manage22 ment entity, the Secretary may provide to the Herit23 age Area technical assistance, on a reimbursable or 

24 nonreimbursable basis, and financial assistance for 
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1 use in the development and implementation of the 

2 management plan. 

3 (2) COOPERATIVE AGREEMENTS.—The Secretary 

4 may enter into a cooperative agreement with the 

5 management entity or other public or private organi6 zations for purposes of providing technical or finan7 cial assistance under paragraph (1). 

8 (3) PRIORITY FOR ASSISTANCE.—In providing 

9 technical or financial assistance under paragraph (1), 

10 the Secretary shall give priority to actions that assist 

11 in—

12 (A) conserving the significant historical, 

13 cultural, and natural resources of the Heritage 

14 Area; and 

15 (B) providing educational, interpretive, and 

16 recreational opportunities consistent with the 

17 purposes of the Heritage Area. 

18 (b) OPERATIONAL ASSISTANCE.—Subject to the avail19 ability of appropriations, the Secretary may provide to 

20 public or private organizations in the Heritage Area such 

21 operational assistance as is appropriate to support the im22 plementation of the management plan. 

23 (c) DUTIES OF OTHER FEDERAL AGENCIES.—A Fed24 eral agency conducting or supporting any activity directly 

25 affecting the Heritage Area shall—
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1 (1) consult with the Secretary and the manage2 ment entity with respect to the activity; 

3 (2) cooperate with the Secretary and the man4 agement entity in carrying out the duties of the Sec5 retary and the management entity under this title; 

6 (3) to the maximum extent practicable, coordi7 nate the activity with the duties of the Secretary and 

8 the management entity under this title; and 

9 (4) conduct or support the activity in a manner 

10 that, to the maximum extent practicable, will not 

11 have an adverse effect on the Heritage Area, as deter12 mined by the management entity. 

13 (d) COORDINATION BETWEEN THE SECRETARY, THE

14 SECRETARY OF DEFENSE, AND THE ADMINISTRATOR OF

15 NASA.—Any decision relating to the application of this 

16 title to properties under the jurisdiction of the Secretary 

17 of Defense or the Administrator of the National Aeronautics 

18 and Space Administration shall be made by the Secretary 

19 of Defense or the Administrator, respectively, in consulta20 tion with the Secretary. 

21 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) IN GENERAL.—There is authorized to be appro23 priated to carry out this title $10,000,000, of which not 

24 more than $1,000,000 may be made available for any fiscal 

25 year. 
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1 (b) FEDERAL SHARE.—The Federal share of the total 

2 cost of any activity assisted under this title shall be not 

3 more than 50 percent. 

4 SEC. 108. TERMINATION OF AUTHORITY. 

5 The authority of the Secretary to provide assistance 

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

7 the date of enactment of this Act. 

8 TITLE II—WRIGHT COMPANY 

9 FACTORY STUDY 

10 SEC. 201. DEFINITIONS. 

11 In this title: 

12 (1) FACTORY.—The term ‘‘Factory’’ means the 

13 Wright Company factory in Dayton, Ohio. 

14 (2) PARK.—The term ‘‘park’’ means the Dayton 

15 Aviation Heritage National Historical Park in the 

16 State of Ohio. 

17 (3) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 SEC. 202. STUDY. 

20 (a) IN GENERAL.—The Secretary shall conduct a spe21 cial resource study that—

22 (1) updates the study required under section 104 

23 of the Dayton Aviation Heritage Preservation Act of 

24 1992 (Public Law 102–419); and 
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1 (2) describes alternatives for incorporating the 

2 Factory as a unit of the Park. 

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

4 of the alternatives described under subsection (a)(2), includ5 ing an analysis of management and development options 

6 and costs. 

7 (c) CONSULTATION.—In conducting the study, the Sec8 retary shall consult with—

9 (1) the Delphi Corporation; 

10 (2) the Aviation Heritage Foundation; 

11 (3) State and local agencies; and 

12 (4) other interested parties in the area in which 

13 the Factory is located. 

14 SEC. 203. REPORT. 

15 Not later than 3 years after the date on which funds 

16 are first made available to carry out this title, the Secretary 

17 shall submit to the Committee on Resources of the House 

18 of Representatives and the Committee on Energy and Nat19 ural Resources of the Senate a report that describes the re20 sults of the study conducted under this title.

Calendar No. 611

108TH CONGRESS 

2D SESSION S. 180

[Report No. 108–292] 

A BILL

To establish the National Aviation Heritage Area, 

and for other purposes. 

JULY 7, 2004

Reported with an amendment