[Congressional Record (Bound Edition), Volume 150 (2004), Part 14]
[Senate]
[Pages 18591-18595]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  NATIONAL AVIATION HERITAGE AREA ACT

  The Senate proceeded to consider the bill (S. 180) to establish the 
National Aviation Heritage Area, and for other purposes, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

       (Strike the part shown in black brackets and insert the 
     part shown in italic.)

                                 S. 180

       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

[[Page 18592]]

     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.
       [(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 States of 
     Ohio and Indiana, the National Aviation Heritage Area.
       [(b) Boundaries.--The Heritage Area shall include the 
     following:
       [(1) A core area consisting of resources in 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 within the core area 
     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.

[[Page 18593]]

       [(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) An assessment of cultural landscapes within the 
     Heritage Area.
       [(3) Provisions for the protection, interpretation, and 
     enjoyment of the resources of the Heritage Area consistent 
     with the purposes of this Act.
       [(4) An interpretation plan for the Heritage Area.
       [(5) 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.
       [(6) The identification of sources of funding for 
     implementing the plan.
       [(7) 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.--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--
       [(1) conserving the significant natural, historic, 
     cultural, and scenic resources of the Heritage Area; and
       [(2) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       [(b) Duties of Other Federal Agencies.--Any Federal agency 
     conducting or supporting activities directly affecting the 
     Heritage Area shall--
       [(1) consult with the Secretary and the 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.

      [SEC. 110. SUNSET PROVISION.

       [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.

                [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 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.]

     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.--

[[Page 18594]]

       (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,

[[Page 18595]]

     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.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 180), as amended, was read the third time and passed.

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