IB 
Union Calendar No. 220
108TH CONGRESS 
1ST SESSION 
H. R. 280
[Report No. 108–370] 
To establish the National Aviation Heritage Area, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 8, 2003
Mr. HOBSON (for himself, Mr. PORTMAN, Mr. REGULA, Mr. LATOURETTE, 
Mr. BOEHNER, Mr. TURNER of Ohio, Mr. TIBERI, Mr. NEY, Mr. BROWN 
of Ohio, Mr. OXLEY, Mrs. JONES of Ohio, Ms. KAPTUR, and Mr. 
GILLMOR) introduced the following bill; which was referred to the Com-
mittee 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 Representa-
tives 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 Her-
itage 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 herit-
age 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 tech-
nology established our Nation’s leadership in both 
civil and military aeronautics and astronautics set 
the foundation for the 20th Century to be an Amer-
ican 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 con-
nected integrally to the vitality of the aviation and
aerospace industry, which is responsible for an esti-
mated 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 tradi-
tions 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 ex-
amples of these resources within Ohio to merit the in-
volvement of the Federal Government to develop pro-
grams and projects in cooperation with the Aviation 
Heritage Foundation, Incorporated, the State of Ohio, 
and other local and governmental entities to ade-
quately 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 his-
toric aviation resources in the Miami Valley.
(9) An aviation heritage area centered in South-
west Ohio is a suitable and feasible management op-
tion to increase collaboration, promote heritage tour-
ism, 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 na-
tional 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, Incor-
porated, 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 His-
torical Park Suitability/Feasibility Study’’, ‘‘Dayton 
Aviation Heritage General Management Plan’’, 
‘‘Dayton Historic Resources Preservation and Devel-
opment 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 re-
sources 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 enti-
ties, and educational institutions within the Heritage 
Area to promote heritage tourism and to develop edu-
cational and cultural programs for the public; 
(2) preserve and interpret for the educational 
and inspirational benefit of present and future gen-
erations the unique and significant contributions to
our national heritage of certain historic and cultural 
lands, structures, facilities, and sites within the Na-
tional Aviation Heritage Area; 
(3) encourage within the National Aviation Her-
itage 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, histor-
ical, 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 po-
litical 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 ‘‘finan-
cial assistance’’ means funds appropriated by Con-
gress 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 es-
tablished by section 104 to receive, distribute, and ac-
count for Federal funds appropriated for the purpose 
of this title. 
(4) MANAGEMENT
PLAN.—The term ‘‘Manage-
ment Plan’’ means the management plan for the Her-
itage Area developed under section 106. 
(5) MANAGEMENT ENTITY.—The term ‘‘manage-
ment entity’’ means the Aviation Heritage Founda-
tion, Incorporated (a nonprofit corporation estab-
lished under the laws of the State of Ohio). 
(6) PARTNER.—The term ‘‘partner’’ means a 
Federal, State, or local governmental entity, organi-
zation, 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 ‘‘tech-
nical 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 Mont-
gomery, 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 in-
cluded in the Management Plan. The map shall be on file 
in the appropriate offices of the National Park Service, De-
partment of the Interior. 
(d) MANAGEMENT ENTITY.—The management entity 
for the Heritage Area shall be the Aviation Heritage Foun-
dation.
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 sub-
divisions 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 ap-
proval 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 organiza-
tions 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 Manage-
ment 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 or-
ganizations in—
(A) establishing and maintaining interpre-
tive exhibits in the Heritage Area; 
(B) developing recreational resources in the 
Heritage Area; 
(C) increasing public awareness of and ap-
preciation for the historical, natural, and archi-
tectural 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 re-
garding the implementation of the Management Plan; 
(8) submit substantial amendments to the Man-
agement 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 Sec-
retary 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 organiza-
tions 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 ac-
quire real property or an interest in real property. 
(2) OTHER SOURCES.—Nothing in this title pre-
cludes 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 incor-
porate an integrated and cooperative approach for the pro-
tection, 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 Day-
ton 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 Her-
itage 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 Man-
agement 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 pro-
grams for the public. 
(B) Assisting partners planning for restora-
tion 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 manage-
ment entity, including its membership and organiza-
tional 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 manage-
ment entity shall be ineligible to receive additional funding 
under this title until the date on which the Secretary re-
ceives 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 Manage-
ment Plan submitted under this title not later than 90 days 
after receiving such proposed Management Plan. 
(e) ACTION FOLLOWING DISAPPROVAL.—If the Sec-
retary disapproves a proposed Management Plan, the Sec-
retary shall advise the management entity in writing of the 
reasons for the disapproval and shall make recommenda-
tions 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 Manage-
ment 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 non-
reimbursable 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 rec-
reational 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 manage-
ment entity with respect to such activities; 
(2) cooperate with the Secretary and the man-
agement entity in carrying out their duties under this 
title; 
(3) to the maximum extent practicable, coordi-
nate such activities with the carrying out of such du-
ties; and 
(4) to the maximum extent practicable, conduct 
or support such activities in a manner which the 
management entity determines will not have an ad-
verse effect on the Heritage Area.
SEC. 108. COORDINATION BETWEEN THE SECRETARY AND 
THE SECRETARY OF DEFENSE AND THE AD-
MINISTRATOR 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 Aero-
nautics 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 OWN-
ERS REQUIRED.—No privately owned property shall be pre-
served, 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, conserva-
tion, 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 manage-
ment 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 gov-
ernment 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 pri-
vate 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 pri-
vate 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 reg-
ulate land use. 
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS 
IN HERITAGE AREA.—Nothing in this title shall be con-
strued 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 Na-
tional Park Service, or the management entity. 
SEC. 111. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—To carry out this title there is au-
thorized 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 Her-
itage 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 Her-
itage National Historical Park that detail manage-
ment and development options and costs. 
(3) CONSULTATION.—In conducting the study, 
the Secretary shall consult with the Delphi Corpora-
tion, 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 sub-
mit to the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Natural Re-
sources 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 Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed