108TH CONGRESS

2D SESSION S. 180

AN ACT

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 SECTION 1. TABLE OF CONTENTS.

2 The table of contents of this Act is as follows:

Sec. 1. Table of contents.

TITLE I—NATIONAL AVIATION HERITAGE AREA

Sec. 101. Short title.

Sec. 102. Definitions.

Sec. 103. National Aviation Heritage Area.

Sec. 104. Management plan.

Sec. 105. Administration.

Sec. 106. Technical and financial assistance; other Federal agencies.

Sec. 107. Authorization of appropriations.

Sec. 108. Termination of authority.

TITLE II—WRIGHT COMPANY FACTORY STUDY

Sec. 201. Definitions.

Sec. 202. Study.

Sec. 203. Report.

3 TITLE I—NATIONAL AVIATION

4 HERITAGE AREA

5 SEC. 101. SHORT TITLE.

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

7 Heritage Area Act’’.

8 SEC. 102. DEFINITIONS.

9 In this title:

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

11 Area’’ means the National Aviation Heritage Area

12 established by section 103(a).

13 (2) MANAGEMENT ENTITY.—The term ‘‘man14 agement entity’’ means the Aviation Heritage Foun15 dation, Incorporated, a nonprofit corporation estab16 lished under the laws of the State of Ohio.
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1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan for the

3 Heritage Area developed under section 104.

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

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

6 entity; or

7 (B) an organization, private industry, or

8 person involved in promoting the conservation

9 and preservation of the cultural and natural re10 sources of the Heritage Area.

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

12 the Secretary of the Interior.

13 SEC. 103. NATIONAL AVIATION HERITAGE AREA.

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

15 States of Ohio and Indiana the National Aviation Heritage

16 Area.

17 (b) BOUNDARIES.—

18 (1) IN GENERAL.—The Heritage Area shall

19 include—

20 (A) a core area consisting of resources in

21 Montgomery, Greene, Warren, Miami, Clark,

22 Shelby, Auglaize, and Champaign Counties in

23 the State of Ohio;

24 (B) the Neil Armstrong Air & Space Mu25 seum, Wapakoneta, Ohio;
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1 (C) the Wilbur Wright Birthplace and Mu2 seum, Millville, Indiana; and

3 (D) any sites, buildings, and districts with4 in the core area described in subparagraph (A)

5 that are recommended for inclusion in the Her6 itage Area in the management plan.

7 (2) MAP.—

8 (A) IN GENERAL.—The Secretary shall

9 prepare a map of the Heritage Area for inclu10 sion in the management plan.

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

12 file and available for public inspection in the

13 appropriate offices of the National Park Serv14 ice.

15 SEC. 104. MANAGEMENT PLAN.

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

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

18 submit to the Secretary for approval a management plan

19 for the Heritage Area.

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

21 (1) incorporate an integrated and cooperative

22 approach for the protection, enhancement, and inter23 pretation of the natural, cultural, historic, scenic,

24 and recreational resources of the Heritage Area;
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1 (2) take into consideration Federal, State, and

2 local plans;

3 (3) involve residents, public agencies, and pri4 vate organizations in the Heritage Area;

5 (4) include—

6 (A) an assessment of cultural landscapes

7 in the Heritage Area;

8 (B) provisions for the protection, interpre9 tation, and enjoyment of the resources of the

10 Heritage Area that are consistent with the pur11 poses of this title;

12 (C) an interpretation plan for the Heritage

13 Area;

14 (D) a program for the implementation of

15 the management plan by the management enti16 ty that includes—

17 (i) provisions for facilitating ongoing

18 collaboration among the partners to—

19 (I) promote heritage tourism;

20 and

21 (II) develop educational and cul22 tural programs for the public;

23 (ii) provisions for assisting partners in

24 plans for restoration and construction of

25 the Heritage Area; and
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1 (iii) to the maximum extent prac2 ticable, specific commitments from part3 ners for the first 5 years of operation of

4 the Heritage Area; and

5 (E) an inventory of the resources con6 tained in the core area of the Heritage Area,

7 including—

8 (i) the Dayton Aviation Heritage His9 torical Park;

10 (ii) the sites, buildings, and districts

11 listed in section 202 of the Dayton Avia12 tion Heritage Preservation Act of 1992

13 (Public Law 102–419); and

14 (iii) any other property that—

15 (I) is related to the themes of the

16 Heritage Area; and

17 (II) should be preserved, re18 stored, managed, or maintained be19 cause of the significance of the prop20 erty;

21 (5) identify sources of funding for the imple22 mentation of the management plan; and

23 (6) describe and evaluate the management enti24 ty, including a description and evaluation of—
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1 (A) the membership of the management

2 entity; and

3 (B) the organizational structure of the

4 management entity.

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

6 fails to submit the management plan by the date described

7 in subsection (a), the Secretary shall not provide any addi8 tional funding under this title to the management entity

9 until the date on which the management entity submits

10 a management plan to the Secretary.

11 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

12 PLANS.—

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

14 the date of the receipt of the management plan

15 under subsection (a), the Secretary, in consultation

16 with the State of Ohio, shall approve or disapprove

17 the plan.

18 (2) DISAPPROVAL AND REVISION.—If the Sec19 retary disapproves a management plan under para20 graph (1), the Secretary shall—

21 (A) advise the management entity in writ22 ing of the reasons for the disapproval;

23 (B) make recommendations for revisions to

24 the management plan; and
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1 (C) not later than 90 days after the receipt

2 of any proposed revision of the management

3 plan from the management entity, approve or

4 disapprove the proposed revision.

5 (e) AMENDMENTS.—

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

7 each amendment to the management plan that the

8 Secretary determines may make a substantial

9 change to the management plan.

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

11 under this title shall not be expended to implement

12 an amendment described in paragraph (1) until the

13 Secretary approves the amendment.

14 SEC. 105. ADMINISTRATION.

15 (a) IN GENERAL.—The management entity shall ad16 minister the Heritage Area in accordance with this title.

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

18 purposes of implementing the management plan, use Fed19 eral funds made available under this title to—

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

21 agreements with—

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

23 subdivision of the State);

24 (B) a private organization; or

25 (C) any person;
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1 (2) hire and compensate staff;

2 (3) contract for goods and services; and

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

4 program that has a cost-sharing requirement).

5 (c) DUTIES OF MANAGEMENT ENTITY.—In addition

6 to developing the management plan under section 104, in

7 carrying out this title, the management entity shall—

8 (1) give priority to the implementation of ac9 tions set forth in the management plan, including—

10 (A) assisting units of government and non11 profit organizations in preserving the resources

12 of the Heritage Area; and

13 (B) encouraging local governments to

14 adopt land use policies that are consistent

15 with—

16 (i) the management of the Heritage

17 Area; and

18 (ii) the goals of the management plan;

19 (2) in developing and implementing the man20 agement plan, consider the interests of diverse gov21 ernmental, business, and nonprofit organizations in

22 the Heritage Area;

23 (3) maintain a collaboration among the part24 ners to promote heritage tourism;
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1 (4) assist partners in developing educational

2 and cultural programs for the public;

3 (5) encourage economic viability in the Heritage

4 Area in accordance with the goals of the manage5 ment 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

11 the Heritage Area;

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

15 Area;

16 (D) installing throughout the Heritage

17 Area, clear, consistent, and environmentally ap18 propriate signs that identify access points and

19 sites of interest; and

20 (E) restoring historic buildings that relate

21 to the purposes of the Heritage Area;

22 (7) conduct public meetings at least quarterly

23 regarding the implementation of the management

24 plan;
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1 (8) submit to the Secretary for approval sub2 stantial amendments to the management plan; and

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

4 are made available to carry out this Act under sec5 tion 107—

6 (A) submit to the Secretary a report that

7 describes, for the fiscal year—

8 (i) any activities conducted by the

9 management entity with respect to the

10 Heritage Area; and

11 (ii) any expenses incurred by the man12 agement entity in carrying out this title;

13 (B) make available to the Secretary for

14 audit all records relating to the expenditure of

15 the funds and any matching funds; and

16 (C) require, for all agreements authorizing

17 the expenditure of Federal funds by any entity,

18 that the receiving entity make available to the

19 Secretary for audit all records relating to the

20 expenditure of the funds.

21 (d) PROHIBITION OF ACQUISITION OF REAL PROP22 ERTY.—

23 (1) USE OF FEDERAL FUNDS.—The manage24 ment entity shall not use Federal funds made avail-
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1 able under this title to acquire real property or any

2 interest in real property.

3 (2) FUNDS FROM OTHER SOURCES.—The man4 agement entity may acquire real property or an in5 terest in real property using non-Federal funds.

6 SEC. 106. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER

7 FEDERAL AGENCIES.

8 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

9 (1) IN GENERAL.—On the request of the man10 agement entity, the Secretary may provide to the

11 Heritage Area technical assistance, on a reimburs12 able or nonreimbursable basis, and financial assist13 ance for use in the development and implementation

14 of the management plan.

15 (2) COOPERATIVE AGREEMENTS.—The Sec16 retary may enter into a cooperative agreement with

17 the management entity or other public or private or18 ganizations for purposes of providing technical or fi19 nancial assistance under paragraph (1).

20 (3) PRIORITY FOR ASSISTANCE.—In providing

21 technical or financial assistance under paragraph

22 (1), the Secretary shall give priority to actions that

23 assist in—
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1 (A) conserving the significant historical,

2 cultural, and natural resources of the Heritage

3 Area; and

4 (B) providing educational, interpretive, and

5 recreational opportunities consistent with the

6 purposes of the Heritage Area.

7 (b) OPERATIONAL ASSISTANCE.—Subject to the

8 availability of appropriations, the Secretary may provide

9 to public or private organizations in the Heritage Area

10 such operational assistance as is appropriate to support

11 the implementation of the management plan.

12 (c) DUTIES OF OTHER FEDERAL AGENCIES.—A

13 Federal agency conducting or supporting any activity di14 rectly affecting the Heritage Area shall—

15 (1) consult with the Secretary and the manage16 ment entity with respect to the activity;

17 (2) cooperate with the Secretary and the man18 agement entity in carrying out the duties of the Sec19 retary and the management entity under this title;

20 (3) to the maximum extent practicable, coordi21 nate the activity with the duties of the Secretary and

22 the management entity under this title; and

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

24 that, to the maximum extent practicable, will not
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1 have an adverse effect on the Heritage Area, as de2 termined by the management entity.

3 (d) COORDINATION BETWEEN THE SECRETARY, THE

4 SECRETARY OF DEFENSE, AND THE ADMINISTRATOR OF

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

6 title to properties under the jurisdiction of the Secretary

7 of Defense or the Administrator of the National Aero8 nautics and Space Administration shall be made by the

9 Secretary of Defense or the Administrator, respectively,

10 in consultation with the Secretary.

11 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

12 (a) IN GENERAL.—There is authorized to be appro13 priated to carry out this title $10,000,000, of which not

14 more than $1,000,000 may be made available for any fis15 cal year.

16 (b) FEDERAL SHARE.—The Federal share of the

17 total cost of any activity assisted under this title shall be

18 not more than 50 percent.

19 SEC. 108. TERMINATION OF AUTHORITY.

20 The authority of the Secretary to provide assistance

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

22 after the date of enactment of this Act.
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1 TITLE II—WRIGHT COMPANY

2 FACTORY STUDY

3 SEC. 201. DEFINITIONS.

4 In this title:

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

6 Wright Company factory in Dayton, Ohio.

7 (2) PARK.—The term ‘‘park’’ means the Day8 ton Aviation Heritage National Historical Park in

9 the State of Ohio.

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

11 the Secretary of the Interior.

12 SEC. 202. STUDY.

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

14 special resource study that—

15 (1) updates the study required under section

16 104 of the Dayton Aviation Heritage Preservation

17 Act of 1992 (Public Law 102–419); and

18 (2) describes alternatives for incorporating the

19 Factory as a unit of the Park.

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

21 of the alternatives described under subsection (a)(2), in22 cluding an analysis of management and development op23 tions and costs.

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

25 Secretary shall consult with—
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1 (1) the Delphi Corporation;

2 (2) the Aviation Heritage Foundation;

3 (3) State and local agencies; and

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

5 the Factory is located.

6 SEC. 203. REPORT.

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

8 are first made available to carry out this title, the Sec9 retary shall submit to the Committee on Resources of the

10 House of Representatives and the Committee on Energy

11 and Natural Resources of the Senate a report that de12 scribes the results of the study conducted under this title.

Passed the Senate September 15, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 180

AN ACT

To establish the National Aviation Heritage Area,

and for other purposes.