[Congressional Record Volume 148, Number 97 (Wednesday, July 17, 2002)]
[Senate]
[Pages S6953-S6955]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself and Mr. Voinovich):
  S. 2744. A bill to establish the National Aviation Heritage Area, and 
for other purposes; to the Committee on Energy and Natural Resources.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
  Mr. DeWINE. Mr. President, I rise today with my friend and fellow 
Ohioan, Senator Voinovich, to introduce a bill that would establish a 
National Aviation Heritage Area within our home state of Ohio.
  The year 2003 represents the 100th anniversary of manned flight. On 
December 17, 1903, Wilbur and Orville Wright, who are native Ohioans, 
invented controlled, heavier-than-air flight. This was the first step 
in the century-long progression of flight. The Wright Brothers' 
successful design and the science behind it were the forerunners to our 
modern airplanes and space vehicles.
  There is obvious historical and cultural significance to the birth of 
aviation, and one of the unique educational aspects of aviation is the 
opportunity we can give children to interact with the subject outside 
of the classroom. This is why I am proud today to be introducing the 
National Aviation Heritage Area Act.
  Our bill seeks to foster strong public and private investments in 
aviation landmarks. Some of these landmarks include the Wright 
Brother's Wright Cycle Company, located in Dayton, OH; the National 
Aviation Hall of Fame; the Wright-Dunbar Interpretive Center, where 
students of all ages can learn about the painstaking measures the 
Wright Brothers and many of their predecessors took to fly; and the 
Huffman Prairie Flying Field, where the Brothers perfected the design 
of the world's first airplane. Listed in the bill are several other 
important aviation sites that may be added into the Heritage Area at a 
later date, such as the NASA-Glenn Research Facility and the Captain 
Edward V. Rickenbacher House.
  Mr. President, flight has become another important square in the 
patchwork of our nation's history. We are reminded of this every time 
we look skyward and see the crisscross of jet contrails. We are 
reminded of this every time we walk through the Rotunda of our very own 
U.S. Capitol and see the last frieze square that depicts the invention 
of flight by the Wright Brothers. And, we are reminded of this by one 
of the symbols of America, the eagle, a flying bird that represents the 
freedom of a people.
  It is vital that we protect the sites that have played such an 
important role in aviation. Doing so, we can enhance the education and 
enrichment of our children and our grandchildren for many years to 
come.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

[[Page S6954]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2744

       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

[[Page S6955]]

       (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.
                                 ______