[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 180 Reported in Senate (RS)]






                                                       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.

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

      <DELETED>TITLE I--NATIONAL AVIATION HERITAGE AREA</DELETED>

<DELETED>SECTION 101. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``National Aviation 
Heritage Area Act''.</DELETED>

<DELETED>SEC. 102. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) Few technological advances have transformed 
        the world or our Nation's economy, society, culture, and 
        national character as the development of powered 
        flight.</DELETED>
        <DELETED>    (2) The industrial, cultural, and natural heritage 
        legacies of the aviation and aerospace industry in the State of 
        Ohio are nationally significant.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Wright-Patterson Air Force Base in Dayton, 
        Ohio, is the birthplace, the home, and an integral part of the 
        future of aerospace.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (11) The Aviation Heritage Foundation, 
        Incorporated, would be an appropriate management entity to 
        oversee the development of the National Aviation Heritage 
        Area.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this title is to establish 
the Heritage Area to--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) encourage within the National Aviation 
        Heritage Area a broad range of economic opportunities enhancing 
        the quality of life for present and future 
        generations;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 103. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this title:</DELETED>
        <DELETED>    (1) Board.--The term ``Board'' means the Board of 
        Directors of the Foundation.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Management plan.--The term ``Management Plan'' 
        means the management plan for the Heritage Area developed under 
        section 106.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (8) Technical assistance.--The term ``technical 
        assistance'' means any guidance, advice, help, or aid, other 
        than financial assistance, provided by the Secretary.</DELETED>

<DELETED>SEC. 104. NATIONAL AVIATION HERITAGE AREA.</DELETED>

<DELETED>    (a) Establishment.--There is established in the States of 
Ohio and Indiana, the National Aviation Heritage Area.</DELETED>
<DELETED>    (b) Boundaries.--The Heritage Area shall include the 
following:</DELETED>
        <DELETED>    (1) A core area consisting of resources in 
        Montgomery, Greene, Warren, Miami, Clark, and Champaign 
        Counties in Ohio.</DELETED>
        <DELETED>    (2) The Neil Armstrong Air & Space Museum, 
        Wapakoneta, Ohio, and the Wilbur Wright Birthplace and Museum, 
        Millville, Indiana.</DELETED>
        <DELETED>    (3) Sites, buildings, and districts within the 
        core area recommended by the Management Plan.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Management Entity.--The management entity for the 
Heritage Area shall be the Aviation Heritage Foundation.</DELETED>

<DELETED>SEC. 105. AUTHORITIES AND DUTIES OF THE MANAGEMENT 
              ENTITY.</DELETED>

<DELETED>    (a) Authorities.--For purposes of implementing the 
Management Plan, the management entity may use Federal funds made 
available through this Act to--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) hire and compensate staff; and</DELETED>
        <DELETED>    (3) enter into contracts for goods and 
        services.</DELETED>
<DELETED>    (b) Duties.-- The management entity shall--</DELETED>
        <DELETED>    (1) develop and submit to the Secretary for 
        approval the proposed Management Plan in accordance with 
        section 106;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) consider the interests of diverse 
        governmental, business, and nonprofit groups within the 
        Heritage Area in developing and implementing the Management 
        Plan;</DELETED>
        <DELETED>    (4) maintain a collaboration among the partners to 
        promote heritage tourism and to assist partners to develop 
        educational and cultural programs for the public;</DELETED>
        <DELETED>    (5) encourage economic viability in the Heritage 
        Area consistent with the goals of the Management 
        Plan;</DELETED>
        <DELETED>    (6) assist units of government and nonprofit 
        organizations in--</DELETED>
                <DELETED>    (A) establishing and maintaining 
                interpretive exhibits in the Heritage Area;</DELETED>
                <DELETED>    (B) developing recreational resources in 
                the Heritage Area;</DELETED>
                <DELETED>    (C) increasing public awareness of and 
                appreciation for the historical, natural, and 
                architectural resources and sites in the Heritage Area; 
                and</DELETED>
                <DELETED>    (D) restoring historic buildings that 
                relate to the purposes of the Heritage Area;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (8) conduct public meetings at least quarterly 
        regarding the implementation of the Management Plan;</DELETED>
        <DELETED>    (9) submit substantial amendments to the 
        Management Plan to the Secretary for the approval of the 
        Secretary; and</DELETED>
        <DELETED>    (10) for any year in which Federal funds have been 
        received under this Act--</DELETED>
                <DELETED>    (A) submit an annual report to the 
                Secretary that sets forth the accomplishments of the 
                management entity and its expenses and 
                income;</DELETED>
                <DELETED>    (B) make available to the Secretary for 
                audit all records relating to the expenditure of such 
                funds and any matching funds; and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Use of Federal Funds.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Other sources.--Nothing in this Act precludes 
        the management entity from using Federal funds from other 
        sources for authorized purposes.</DELETED>

<DELETED>SEC. 106. MANAGEMENT PLAN.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) An assessment of cultural landscapes within 
        the Heritage Area.</DELETED>
        <DELETED>    (3) Provisions for the protection, interpretation, 
        and enjoyment of the resources of the Heritage Area consistent 
        with the purposes of this Act.</DELETED>
        <DELETED>    (4) An interpretation plan for the Heritage 
        Area.</DELETED>
        <DELETED>    (5) A program for implementation of the Management 
        Plan by the management entity, including the 
        following:</DELETED>
                <DELETED>    (A) Facilitating ongoing collaboration 
                among the partners to promote heritage tourism and to 
                develop educational and cultural programs for the 
                public.</DELETED>
                <DELETED>    (B) Assisting partners planning for 
                restoration and construction.</DELETED>
                <DELETED>    (C) Specific commitments of the partners 
                for the first 5 years of operation.</DELETED>
        <DELETED>    (6) The identification of sources of funding for 
        implementing the plan.</DELETED>
        <DELETED>    (7) A description and evaluation of the management 
        entity, including its membership and organizational 
        structure.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 107. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
              AGENCIES.</DELETED>

<DELETED>    (a) Technical and Financial Assistance.--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--</DELETED>
        <DELETED>    (1) conserving the significant natural, historic, 
        cultural, and scenic resources of the Heritage Area; 
        and</DELETED>
        <DELETED>    (2) providing educational, interpretive, and 
        recreational opportunities consistent with the purposes of the 
        Heritage Area.</DELETED>
<DELETED>    (b) Duties of Other Federal Agencies.--Any Federal agency 
conducting or supporting activities directly affecting the Heritage 
Area shall--</DELETED>
        <DELETED>    (1) consult with the Secretary and the management 
        entity with respect to such activities;</DELETED>
        <DELETED>    (2) cooperate with the Secretary and the 
        management entity in carrying out their duties under this 
        Act;</DELETED>
        <DELETED>    (3) to the maximum extent practicable, coordinate 
        such activities with the carrying out of such duties; 
        and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 108. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY 
              OF DEFENSE AND THE ADMINISTRATOR OF NASA.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 109. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED> SEC. 110. SUNSET PROVISION.</DELETED>

<DELETED>    The authority of the Secretary to provide assistance under 
this title terminates on the date that is 15 years after the date of 
enactment of this title.</DELETED>

       <DELETED>TITLE II--WRIGHT COMPANY FACTORY STUDY</DELETED>

<DELETED>SEC. 201. STUDY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 202. REPORT.</DELETED>

<DELETED>    Not later than 3 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.</DELETED>

SECTION 1. TABLE OF CONTENTS.

    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.

                TITLE I--NATIONAL AVIATION HERITAGE AREA

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Aviation Heritage Area 
Act''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        National Aviation Heritage Area established by section 103(a).
            (2) Management entity.--The term ``management entity'' 
        means the Aviation Heritage Foundation, Incorporated, a 
        nonprofit corporation established under the laws of the State 
        of Ohio.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 104.
            (4) Partner.--The term ``partner'' means--
                    (A) a Federal, State, or local governmental entity; 
                or
                    (B) an organization, private industry, or person 
                involved in promoting the conservation and preservation 
                of the cultural and natural resources of the Heritage 
                Area.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 103. NATIONAL AVIATION HERITAGE AREA.

    (a) Establishment.--There is established in the States of Ohio and 
Indiana the National Aviation Heritage Area.
    (b) Boundaries.--
            (1) In general.--The Heritage Area shall include--
                    (A) a core area consisting of resources in 
                Montgomery, Greene, Warren, Miami, Clark, Shelby, 
                Auglaize, and Champaign Counties in the State of Ohio;
                    (B) the Neil Armstrong Air & Space Museum, 
                Wapakoneta, Ohio;
                    (C) the Wilbur Wright Birthplace and Museum, 
                Millville, Indiana; and
                    (D) any sites, buildings, and districts within the 
                core area described in subparagraph (A) that are 
                recommended for inclusion in the Heritage Area in the 
                management plan.
            (2) Map.--
                    (A) In general.--The Secretary shall prepare a map 
                of the Heritage Area for inclusion in the management 
                plan.
                    (B) Availability.--The map shall be on file and 
                available for public inspection in the appropriate 
                offices of the National Park Service.

SEC. 104. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the management entity shall submit to the Secretary for 
approval a management plan for the Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) 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;
            (2) take into consideration Federal, State, and local 
        plans;
            (3) involve residents, public agencies, and private 
        organizations in the Heritage Area;
            (4) include--
                    (A) an assessment of cultural landscapes in the 
                Heritage Area;
                    (B) provisions for the protection, interpretation, 
                and enjoyment of the resources of the Heritage Area 
                that are consistent with the purposes of this title;
                    (C) an interpretation plan for the Heritage Area;
                    (D) a program for the implementation of the 
                management plan by the management entity that 
                includes--
                            (i) provisions for facilitating ongoing 
                        collaboration among the partners to--
                                    (I) promote heritage tourism; and
                                    (II) develop educational and 
                                cultural programs for the public;
                            (ii) provisions for assisting partners in 
                        plans for restoration and construction of the 
                        Heritage Area; and
                            (iii) to the maximum extent practicable, 
                        specific commitments from partners for the 
                        first 5 years of operation of the Heritage 
                        Area; and
                    (E) an inventory of the resources contained in the 
                core area of the Heritage Area, including--
                            (i) the Dayton Aviation Heritage Historical 
                        Park;
                            (ii) the sites, buildings, and districts 
                        listed in section 202 of the Dayton Aviation 
                        Heritage Preservation Act of 1992 (Public Law 
                        102-419); and
                            (iii) any other property that--
                                    (I) is related to the themes of the 
                                Heritage Area; and
                                    (II) should be preserved, restored, 
                                managed, or maintained because of the 
                                significance of the property;
            (5) identify sources of funding for the implementation of 
        the management plan; and
            (6) describe and evaluate the management entity, including 
        a description and evaluation of--
                    (A) the membership of the management entity; and
                    (B) the organizational structure of the management 
                entity.
    (c) Failure To Submit.--If the management entity fails to submit 
the management plan by the date described in subsection (a), the 
Secretary shall not provide any additional funding under this title to 
the management entity until the date on which the management entity 
submits a management plan to the Secretary.
    (d) Approval and Disapproval of Management Plans.--
            (1) In general.--Not later than 90 days after the date of 
        the receipt of the management plan under subsection (a), the 
        Secretary, in consultation with the State of Ohio, shall 
        approve or disapprove the plan.
            (2) Disapproval and revision.--If the Secretary disapproves 
        a management plan under paragraph (1), the Secretary shall--
                    (A) advise the management entity in writing of the 
                reasons for the disapproval;
                    (B) make recommendations for revisions to the 
                management plan; and
                    (C) not later than 90 days after the receipt of any 
                proposed revision of the management plan from the 
                management entity, approve or disapprove the proposed 
                revision.
    (e) Amendments.--
            (1) In general.--The Secretary shall review each amendment 
        to the management plan that the Secretary determines may make a 
        substantial change to the management plan.
            (2) Use of funds.--Funds made available under this title 
        shall not be expended to implement an amendment described in 
        paragraph (1) until the Secretary approves the amendment.

SEC. 105. ADMINISTRATION.

    (a) In General.--The management entity shall administer the 
Heritage Area in accordance with this title.
    (b) Authorities.--The management entity may, for purposes of 
implementing the management plan, use Federal funds made available 
under this title to--
            (1) make grants to, and enter into cooperative agreements 
        with--
                    (A) the State of Ohio (including a political 
                subdivision of the State);
                    (B) a private organization; or
                    (C) any person;
            (2) hire and compensate staff;
            (3) contract for goods and services; and
            (4) obtain funds from any source (including a program that 
        has a cost-sharing requirement).
    (c) Duties of Management Entity.--In addition to developing the 
management plan under section 104, in carrying out this title, the 
management entity shall--
            (1) give priority to the implementation of actions set 
        forth in the management plan, including--
                    (A) assisting units of government and nonprofit 
                organizations in preserving the resources of the 
                Heritage Area; and
                    (B) encouraging local governments to adopt land use 
                policies that are consistent with--
                            (i) the management of the Heritage Area; 
                        and
                            (ii) the goals of the management plan;
            (2) in developing and implementing the management plan, 
        consider the interests of diverse governmental, business, and 
        nonprofit organizations in the Heritage Area;
            (3) maintain a collaboration among the partners to promote 
        heritage tourism;
            (4) assist partners in developing educational and cultural 
        programs for the public;
            (5) encourage economic viability in the Heritage Area in 
        accordance 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 of the Heritage Area;
                    (D) installing throughout the Heritage Area, clear, 
                consistent, and environmentally appropriate signs that 
                identify access points and sites of interest; and
                    (E) 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 to the Secretary for approval substantial 
        amendments to the management plan; and
            (9) for any fiscal year for which Federal funds are made 
        available to carry out this Act under section 107--
                    (A) submit to the Secretary a report that 
                describes, for the fiscal year--
                            (i) any activities conducted by the 
                        management entity with respect to the Heritage 
                        Area; and
                            (ii) any expenses incurred by the 
                        management entity in carrying out this title;
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of the funds and 
                any matching funds; and
                    (C) require, for all agreements authorizing the 
                expenditure of Federal funds by any entity, that the 
                receiving entity make available to the Secretary for 
                audit all records relating to the expenditure of the 
                funds.
    (d) Prohibition of Acquisition of Real Property.--
            (1) Use of federal funds.--The management entity shall not 
        use Federal funds made available under this title to acquire 
        real property or any interest in real property.
            (2) Funds from other sources.--The management entity may 
        acquire real property or an interest in real property using 
        non-Federal funds.

SEC. 106. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--
            (1) In general.--On the request of the management entity, 
        the Secretary may provide to the Heritage Area technical 
        assistance, on a reimbursable or nonreimbursable basis, and 
        financial assistance for use in the development and 
        implementation of the management plan.
            (2) Cooperative agreements.--The Secretary may enter into a 
        cooperative agreement with the management entity or other 
        public or private organizations for purposes of providing 
        technical or financial assistance under paragraph (1).
            (3) Priority for assistance.--In providing technical or 
        financial assistance under paragraph (1), the Secretary shall 
        give priority to actions that assist in--
                    (A) conserving the significant historical, 
                cultural, and natural resources of the Heritage Area; 
                and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
    (b) Operational Assistance.--Subject to the availability of 
appropriations, the Secretary may provide to public or private 
organizations in the Heritage Area such operational assistance as is 
appropriate to support the implementation of the management plan.
    (c) Duties of Other Federal Agencies.--A Federal agency conducting 
or supporting any activity directly affecting the Heritage Area shall--
            (1) consult with the Secretary and the management entity 
        with respect to the activity;
            (2) cooperate with the Secretary and the management entity 
        in carrying out the duties of the Secretary and the management 
        entity under this title;
            (3) to the maximum extent practicable, coordinate the 
        activity with the duties of the Secretary and the management 
        entity under this title; and
            (4) conduct or support the activity in a manner that, to 
        the maximum extent practicable, will not have an adverse effect 
        on the Heritage Area, as determined by the management entity.
    (d) Coordination Between the Secretary, the Secretary of Defense, 
and the Administrator of NASA.--Any decision relating to the 
application of this title to properties under the jurisdiction of the 
Secretary of Defense or the Administrator of the National Aeronautics 
and Space Administration shall be made by the Secretary of Defense or 
the Administrator, respectively, in consultation with the Secretary.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this title $10,000,000, of which not more than $1,000,000 may be 
made available for any fiscal year.
    (b) Federal Share.--The Federal share of the total cost of any 
activity assisted under this title shall be not more than 50 percent.

SEC. 108. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this 
title terminates on the date that is 15 years after the date of 
enactment of this Act.

                 TITLE II--WRIGHT COMPANY FACTORY STUDY

SEC. 201. DEFINITIONS.

    In this title:
            (1) Factory.--The term ``Factory'' means the Wright Company 
        factory in Dayton, Ohio.
            (2) Park.--The term ``park'' means the Dayton Aviation 
        Heritage National Historical Park in the State of Ohio.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 202. STUDY.

    (a) In General.--The Secretary shall conduct a special resource 
study that--
            (1) updates the study required under section 104 of the 
        Dayton Aviation Heritage Preservation Act of 1992 (Public Law 
        102-419); and
            (2) describes alternatives for incorporating the Factory as 
        a unit of the Park.
    (b) Contents.--The study shall include an analysis of the 
alternatives described under subsection (a)(2), including an analysis 
of management and development options and costs.
    (c) Consultation.--In conducting the study, the Secretary shall 
consult with--
            (1) the Delphi Corporation;
            (2) the Aviation Heritage Foundation;
            (3) State and local agencies; and
            (4) other interested parties in the area in which the 
        Factory is located.

SEC. 203. REPORT.

    Not later than 3 years after the date on which funds are first made 
available to carry out 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 that 
describes the results 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