[Senate Report 108-292]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 611
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-292

======================================================================



 
                  NATIONAL AVIATION HERITAGE AREA ACT

                                _______
                                

                  July 7, 2004.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 180]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 180) to establish the National Aviation 
Heritage Area, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 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 dare 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.

                         PURPOSE OF THE MEASURE

    The purpose of S. 180 is to establish the National Aviation 
Heritage Area in the States of Ohio, and Indiana and to 
authorize the Secretary of the Interior to conduct a special 
resource study to assess the appropriateness of designating the 
Wright Company factory in Dayton, Ohio, as a unit of the Dayton 
Aviation Heritage National Historical Park.

                          BACKGROUND AND NEED

    S. 180 would promote heritage tourism an develop 
educational and cultural awareness programs associated with the 
nationally significant cultural and industrial legacy of the 
aviation and aerospace industry in the States of Ohio and 
Indiana. The National Aviation Heritage Area (Heritage Area) 
would include sites that span the development of aviation, 
including the homes of the Wright brothers and the first man 
who walked on the moon, Neil Armstrong. The Heritage Area would 
span six counties in Ohio and include the Neil Armstrong Air & 
Space Museum in Wapakoneta, Ohio and the Wilbur Wright 
Birthplace and Museum in Millville, Indiana. Buildings 
associated with the aerospace industry including the first 
commercial airplane factory, a space-related manufacturing 
facility, the Wright-Patterson Air Force Base and other sites 
associated with important events in the history of flight are 
also to be included in the Heritage Area.
    S. 180 is consistent with the recommendations of the Dayton 
Aviation Heritage Commission, which was charged under section 
202(b)(4) of Public Law 102-419 to ``to propose a management 
strategy for a permanent organizational structure to enhance 
and coordinate such resources, and aviation-related properties, 
and institutions.'' In 2002, the Dayton Aviation Heritage 
Commission completed the Concept Study for the Development of a 
National Aviation Heritage Area (2002). This study, which 
included public hearings in Cleveland, Columbus, and Dayton, 
Ohio, identified more than 300 sites, resources, and stories 
from Ohio that have had a significant impact on the development 
of aviation in the United States.
    Aviation related businesses, organizations and agencies in 
southwestern Ohio have a long history of coordination regarding 
the aviation-related historical sites. This legislation would 
allow Federal partners, including the National Park Service, 
the United States Air Force, the National Aeronautics and Space 
Administration and State and local groups to participate in the 
management of the major facilities and resources within the 
Heritage Area.

                          LEGISLATIVE HISTORY

    S. 180 was introduced by Senators DeWine and Voinovich on 
January 16, 2003. The Committee on Energy and Natural Resources 
ordered S. 180, as amended, favorably reported on June 16, 
2004.
    H.R. 280, a companion bill, was introduced by 
Representative Hobson and others on January 8, 2003. The House 
Subcommittee on National Parks, Recreation and Public Lands 
held a hearing on October 16, 2003 (H. Hrg. 108-55). H.R. 280 
was favorably reported (H. Rept. 108-370), as amended, and 
passed by the House of Representatives on November 18, 2003.
    A similar bill (S. 2744) was introduced by Senators DeWine 
and Voinovich on July 17, 2002. The bill was ordered favorably 
reported on October 4, 2002. The text of S. 2899 was adopted as 
part of a substitute amendment to H.R. 695, legislation 
authorizing numerous heritage areas. H.R. 695, as amended 
passed the Senate by unanimous consent on November 19, 2002, 
but was not considered prior to the sine die adjournment of the 
107th Congress.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on June 16, 2004, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
180, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 180, the Committee adopted 
an amendment in the nature of a substitute. The substitute 
amendment makes several technical and clarifying changes and 
removes the statement of purpose and findings originally 
contained in section 102. The amendment is described in detail 
in the section-by-section analysis below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the table of contents.

                TITLE I--NATIONAL AVIATION HERITAGE AREA

    Section 101 entitles this title the ``National Aviation 
Heritage Act.''
    Section 102 defines terms used in this title.
    Section 103(a) establishes the National Aviation Heritage 
Area (Heritage Area) in the States of Ohio and Indiana.
    Subsection (b)(1) describes the core areas and sites to be 
included in the Heritage Area.
    Paragraph (2) requires that a map of these areas be 
included in the management plan and be placed on file in the 
appropriate offices of the National Park Service.
    Section 104(d) describes the requirements of the management 
plan and outlines the process to be used for revising, 
amending, approving or disapproving the plan. This section 
requires that the management plan be completed no later than 3 
years after the date of enactment. If the management entity 
fails to complete the plan within this time frame no additional 
funding will be authorized by the Secretary of Interior 
(Secretary) until the plan is submitted. The Secretary is also 
required to review and approve any substantial changes to the 
original management plan. Appropriated funds may not be used to 
implement changes without the Secretary's approval.
    Section 105 describes the administrative requirements and 
duties of the management entity. This section also provides the 
management entity with the authority to use funds for preparing 
updating and implementing the management plan. The funds may be 
used for making grants, entering into cooperative agreements, 
hiring and compensating staff and undertaking initiatives that 
advance the Heritage Area. The management entity is prohibited 
from using any federal funds received under this title to 
acquire real property or an interest in real property, however 
the management entity may acquire real property with non-
Federal funds.
    Section 106 states that the Secretary may provide 
financial, technical and operational assistance to develop and 
implement the management plan upon request by the management 
entity. This section also sets forth the duties of other 
Federal entities involved in activities affecting the Heritage 
Area. Decisions that affect both the Heritage Area and 
properties under the control of the Secretary of Defense or the 
Administrator of the National Aeronautics and Space 
Administration (NASA) will be made by the Secretary or 
Administrator having jurisdiction, in consultation with the 
Secretary of the Interior.
    Section 106(a) requires the management entity to submit a 
proposed management plan to the Secretary for approval within 
three years after the enactment of this title. The plan shall 
involve residents, public agencies, and private organizations 
and consider State and local plans.
    Section 107 authorizes to be appropriated $10,000,000 to 
carry out this Act, with not more than $1,000,000 appropriated 
for any given fiscal year. The Federal share may not exceed 50 
percent of the total cost of any activity.
    Section 108 terminates the authority of the Secretary to 
provide assistance to the Heritage Area fifteen years from the 
date of enactment.

                 TITLE II--WRIGHT COMPANY FACTORY STUDY

    Section 201 defines key terms used in this title.
    Section 202 requires the Secretary to conduct an updated 
special resource study detailing alternatives for incorporating 
the Wright Company factory as a unit of the Dayton Aviation 
Heritage National Historical Park.
    Subsection (b) describes the required contents of the 
study.
    Subseciton (c) lists the parties to be consulted by the 
Secretary.
    Section 203 requires the Secretary to submit a report to 
the Committee on Resources of the House of Representatives and 
the Senate Committee on Energy and Natural Resources describing 
the results of the study not later than three years after funds 
are first made available for this title.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 22, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 180, the National 
Aviation Heritage Area Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Elizabeth Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 180--National Aviation Heritage Area Act

    S. 180 would establish the National Aviation Heritage Area 
(NHA) in Ohio. The bill would designate the Aviation Heritage 
Foundation as the management entity for the proposed NHA. Under 
the bill, the foundation would develop a management plan to 
provide for the protection, development, and management of 
cultural and other resources of the NHA. The Department of the 
Interior (DOI) would provide technical and financial assistance 
to the foundation for developing and implementing that plan. 
For these purposes, the legislation would authorize the 
appropriation of $10 million, not to exceed $1 million 
annually. Finally, S. 180 would require DOI to complete a 
special resource study on alternatives for incorporating the 
Wright Company factory within the Dayton Aviation Heritage 
National Historical Park in Ohio.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 180 would cost $10 million over 
the next 10 to 15 years. Such amounts would be used to cover a 
portion of the costs of planning, establishing, operating, and 
interpreting the heritage area. Additionally, we estimate that 
conducting the special resource study on the Wright Company 
factory would cost less than $200,000 over the next three 
years, assuming the availability of appropriated funds. 
Enacting S. 180 would have no effect on revenues or direct 
spending.
    S. 180 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On November 10, 2003, CBO transmitted a cost estimate for 
H.R. 280, the National Aviation Heritage Area Act, as ordered 
reported by the House Committee on Resources on October 29, 
2003. The two versions of the legislation are very similar, and 
their estimated costs are identical.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 180. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 180, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On May 19, 2004 the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth executive views on S. 180. These reports had not been 
received at the time the report on S. 180 was filed. When the 
reports become available, the Chairman will request that they 
be printed in the Congressional Record for the advice of the 
Senate.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 180 as ordered 
reported.

                                  
