108TH CONGRESS
1ST SESSION
H. R. 280
AN ACT
To establish certain National Heritage Areas, and
for other purposes.
108TH CONGRESS
1ST SESSION
H. R. 280
AN ACT
To establish certain National Heritage Areas, 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
Heritage Area Act’’.
SEC. 102. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) Few technological advances have trans-
formed 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
technology established our Nation’s leadership in
both civil and military aeronautics and astronautics
set the foundation for the 20th Century to be an
American Century.
(4) Wright-Patterson Air Force Base in Day-
ton, Ohio, is the birthplace, the home, and an inte-
gral 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 respon-
sible for protecting and interpreting the Nation’s
cultural and historic resources, and there are signifi-
cant examples of these resources within Ohio to
merit the involvement of the Federal Government to
develop programs and projects in cooperation with
the Aviation Heritage Foundation, Incorporated, the
State of Ohio, and other local and governmental en-
tities to adequately conserve, protect, and interpret
this heritage for the educational and recreational
benefit of this and future generations of Americans,
while providing opportunities for education and revi-
talization.
(8) Since the enactment of the Dayton Aviation
Heritage Preservation Act of 1992 (Public Law
102–419), partnerships among the Federal, State,
and local governments and the private sector have
greatly assisted the development and preservation of
the historic aviation resources in the Miami Valley.
(9) An aviation heritage area centered in
Southwest Ohio is a suitable and feasible manage-
ment option to increase collaboration, promote herit-
age tourism, and build on the established partner-
ships 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 Avia-
tion Heritage’’, ‘‘Dayton Aviation Heritage National
Historical Park Suitability/Feasibility Study’’, ‘‘Day-
ton 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 signifi-
cant in the history of aviation is an important goal
for the future education of Americans.
(14) Local governments, the State of Ohio, and
private sector interests have embraced the heritage
area concept and desire to enter into a partnership
with the Federal government to preserve, protect,
and develop the Heritage Area for public benefit.
(15) The National Aviation Heritage Area
would complement and enhance the aviation-related
resources within the National Park Service, espe-
cially the Dayton Aviation Heritage National Histor-
ical Park, Ohio.
(b) PURPOSE.—The purpose of this title is to estab-
lish the Heritage Area to—
(1) 
encourage 
and 
facilitate 
collaboration
among the facilities, sites, organizations, govern-
mental entities, and educational institutions within
the Heritage Area to promote heritage tourism and
to develop educational and cultural programs for the
public;
(2) preserve and interpret for the educational
and inspirational benefit of present and future 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
Heritage Area a broad range of economic opportuni-
ties enhancing the quality of life for present and fu-
ture 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 inte-
grated Management Plan to conserve their aviation
heritage and in developing policies and programs
that will preserve, enhance, and interpret the cul-
tural, historical, natural, recreation, and scenic re-
sources 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
established by section 104 to receive, distribute, and
account for Federal funds appropriated for the pur-
pose of this title.
(4) MANAGEMENT PLAN.—The term ‘‘Manage-
ment Plan’’ means the management plan for the
Heritage Area developed under section 106.
(5) MANAGEMENT ENTITY.—The term ‘‘man-
agement entity’’ means the Aviation Heritage Foun-
dation, 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 re-
sources 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 Herit-
age 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,
Department of the Interior.
(d) MANAGEMENT ENTITY.—The management entity
for the Heritage Area shall be the Aviation Heritage
Foundation.
SEC. 105. AUTHORITIES AND DUTIES OF THE MANAGEMENT
ENTITY.
(a) AUTHORITIES.—For purposes of implementing
the Management Plan, the management entity may use
Federal funds made available through this title to—
(1) make grants to, and enter into cooperative
agreements with, the State of Ohio and political 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 or-
ganizations in preserving resources within the Herit-
age Area;
(3) consider the interests of diverse govern-
mental, business, and nonprofit groups within the
Heritage Area in developing and implementing the
Management Plan;
(4) maintain a collaboration among the part-
ners to promote heritage tourism and to assist part-
ners 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
regarding 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 in-
come;
(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 acquire real property or an interest in real prop-
erty.