[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2744 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2744

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2002

  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                TITLE I--NATIONAL AVIATION HERITAGE AREA

SECTION 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 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 heritage 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 Dayton, Ohio, is the 
        birthplace, the home, and an integral part of the future of 
        aerospace.
            (5) The economic strength of our Nation is connected 
        integrally to the vitality of the aviation and aerospace 
        industry, which is responsible for an estimated 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 traditions 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 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 entities 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 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 historic aviation resources in the Miami Valley.
            (9) An aviation heritage area centered in Southwest Ohio is 
        a suitable and feasible management option to increase 
        collaboration, promote heritage tourism, 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 national 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, Incorporated, 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 Historical Park Suitability/Feasibility 
        Study'', ``Dayton Aviation Heritage General Management Plan'', 
        ``Dayton Historic Resources Preservation and Development 
        Plan'', and Heritage Area Concept Study (in progress) 
        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 resources within the National 
        Park Service, especially the Dayton Aviation Heritage National 
        Historical Park, Ohio, and the Wright Brothers National 
        Memorial, Kitty Hawk, North Carolina.
    (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 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 generations the 
        unique and significant contributions to our national heritage 
        of certain historic and cultural lands, structures, facilities, 
        and sites within the National Aviation Heritage Area;
            (3) encourage within the National Aviation Heritage 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, historical, 
        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 political 
        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 ``financial 
        assistance'' means funds appropriated by Congress 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 4 to 
        receive, distribute, and account for Federal funds appropriated 
        for the purpose of this title.
            (4) Management plan.--The term ``Management Plan'' means 
        the management plan for the Heritage Area developed under 
        section 106.
            (5) Management entity.--The term ``management entity'' 
        means the Aviation Heritage Foundation, Incorporated (a 
        nonprofit corporation established under the laws of the State 
        of Ohio).
            (6) Partner.--The term ``partner'' means a Federal, State, 
        or local governmental entity, organization, 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 ``technical 
        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 State of Ohio, and 
other areas as appropriate, the National Aviation Heritage Area.
    (b) Boundaries.--The Heritage Area shall include the following:
            (1) A core area consisting of resources in Montgomery, 
        Greene, Warren, Miami, Clark, and Champaign Counties in Ohio.
            (2) The Neil Armstrong Air & Space Museum, Wapakoneta, 
        Ohio, and the Wilbur Wright Birthplace and Museum, Millville, 
        Indiana.
            (3) Sites, buildings, and districts recommended by the 
        Management Plan.
    (c) Map.--A map of the Heritage Area shall be included 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 
Act to--
            (1) make grants to, and enter into cooperative agreements 
        with, the State of Ohio and political subdivisions 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 approval 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 organizations in preserving resources 
        within the Heritage Area and encouraging local governments to 
        adopt land use policies consistent with the management of the 
        Heritage Area and the goals of the Management Plan;
            (3) consider the interests of diverse governmental, 
        business, and nonprofit groups within the Heritage Area in 
        developing and implementing the Management 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 organizations 
        in--
                    (A) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (B) developing recreational resources in the 
                Heritage Area;
                    (C) increasing public awareness of and appreciation 
                for the historical, natural, and architectural 
                resources and sites in the Heritage Area; and
                    (D) restoring historic buildings that relate to the 
                purposes of the Heritage Area;
            (7) assist units of government and nonprofit organizations 
        to ensure that clear, consistent, and environmentally 
        appropriate signs identifying access points and sites of 
        interest are placed throughout the Heritage Area;
            (8) conduct public meetings at least quarterly regarding 
        the implementation of the Management Plan;
            (9) submit substantial amendments to the Management Plan to 
        the Secretary for the approval of the Secretary; and
            (10) for any year in which Federal funds have been received 
        under this Act--
                    (A) submit an annual report to the Secretary 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 organizations 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 Act to acquire real property 
        or an interest in real property.
            (2) Other sources.--Nothing in this Act precludes 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 
enactment of this Act, 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 incorporate an integrated 
and cooperative approach for the protection, 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 Dayton 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 Heritage Area and that should be preserved, restored, 
        managed, or maintained because of its significance.
            (2) Recommendations for inclusion within the Heritage Area 
        of suitable and feasible sites, buildings, and districts 
        outside the core area of the Heritage Area. Such 
        recommendations shall be included in the inventory required 
        under paragraph (1) and may include the following:
                    (A) The Wright Brothers National Memorial, Kitty 
                Hawk, North Carolina.
                    (B) The Captain Edward V. Rickenbacker House 
                National Historic Landmark, Columbus, Ohio.
                    (C) The NASA Glenn Research Center at Lewis Field, 
                Cleveland, Ohio.
                    (D) The Rocket Engine Test Facility National 
                Historic Landmark, Sandusky, Ohio.
                    (E) The Zero Gravity Research Facility National 
                Historic Landmark, Cleveland, Ohio.
                    (F) The International Women's Air & Space Museum, 
                Inc., Cleveland, Ohio.
                    (G) The John and Annie Glenn Museum and Exploration 
                Center, New Concord, Ohio.
            (3) An assessment of cultural landscapes within the 
        Heritage Area.
            (4) Provisions for the protection, interpretation, and 
        enjoyment of the resources of the Heritage Area consistent with 
        the purposes of this Act.
            (5) An interpretation plan for the Heritage Area.
            (6) A program for implementation of the Management 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 programs for the public.
                    (B) Assisting partners planning for restoration and 
                construction.
                    (C) Specific commitments of the partners for the 
                first 5 years of operation.
            (7) The identification of sources of funding for 
        implementing the plan.
            (8) A description and evaluation of the management entity, 
        including its membership and organizational 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 Act, the management entity shall be ineligible to 
receive additional funding under this Act until the date on which the 
Secretary receives 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 Management Plan submitted under this Act not later than 90 
days after receiving such proposed Management Plan.
    (e) Action Following Disapproval.--If the Secretary disapproves a 
proposed Management Plan, the Secretary shall advise the management 
entity in writing of the reasons for the disapproval and shall make 
recommendations 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 Management Plan. Funds appropriated under 
this Act 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.--
            (1) In general.--Upon the request of the management entity, 
        the Secretary may provide technical assistance, on a 
        reimbursable or nonreimbursable 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--
                    (A) conserving the significant natural, historic, 
                cultural, and scenic resources of the Heritage Area; 
                and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
            (2) Other assistance.--Upon request, the Superintendent of 
        Dayton Aviation Heritage National Historical Park may provide 
        to public and private organizations within the Heritage Area, 
        including the management entity, such technical and financial 
        assistance as appropriate to support the implementation of the 
        Management Plan, subject to the availability of appropriated 
        funds. The Secretary is authorized to make grants and enter 
        into cooperative agreements with public and private 
        organizations for the purpose of implementing this subsection.
    (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 management entity 
        with respect to such activities;
            (2) cooperate with the Secretary and the management entity 
        in carrying out their duties under this Act;
            (3) to the maximum extent practicable, coordinate such 
        activities with the carrying out of such duties; and
            (4) to the maximum extent practicable, conduct or support 
        such activities in a manner which the management entity 
        determines will not have an adverse effect on the Heritage 
        Area.

SEC. 108. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF 
              DEFENSE AND THE ADMINISTRATOR 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 Aeronautics and Space Administration 
shall be made by such Secretary or such Administrator, in consultation 
with the Secretary of the Interior.

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--To carry out this title there is authorized 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) 50 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.
    (c) Other Federal Funds.--Other Federal funding received by the 
management entity for the implementation of this Act shall not be 
counted toward the authorized appropriation.

 SEC. 110. SUNSET PROVISION.

    The Secretary shall not provide any grant or other assistance under 
this title after September 30, 2017.

                 TITLE II--WRIGHT COMPANY FACTORY STUDY

SEC. 201. STUDY.

    (a) 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 Heritage National Historical Park.
    (b) Contents.--The study shall include an analysis of alternatives 
for including the Wright Company factory as a unit of Dayton Aviation 
Heritage National Historical Park that detail management and 
development options and costs.
    (c) Consultation.--In conducting the study, the Secretary shall 
consult with the Delphi Corporation, the Dayton Aviation Heritage 
Commission, the Aviation Heritage Foundation, State and local agencies, 
and other interested parties in the area.

SEC. 202. REPORT.

    Not later than 2 years after funds are first made available for 
this title, the Secretary shall submit to the Committee on Resources of 
the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report describing the results of the study 
conducted under section 201.
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