[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 180 Engrossed in Senate (ES)]
108th CONGRESS
2d Session
S. 180
_______________________________________________________________________
AN ACT
To establish the National Aviation Heritage Area, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Table of contents.
TITLE I--NATIONAL AVIATION HERITAGE AREA
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. National Aviation Heritage Area.
Sec. 104. Management plan.
Sec. 105. Administration.
Sec. 106. Technical and financial assistance; other Federal agencies.
Sec. 107. Authorization of appropriations.
Sec. 108. Termination of authority.
TITLE II--WRIGHT COMPANY FACTORY STUDY
Sec. 201. Definitions.
Sec. 202. Study.
Sec. 203. Report.
TITLE I--NATIONAL AVIATION HERITAGE AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Aviation Heritage Area
Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) Heritage area.--The term ``Heritage Area'' means the
National Aviation Heritage Area established by section 103(a).
(2) Management entity.--The term ``management entity''
means the Aviation Heritage Foundation, Incorporated, a
nonprofit corporation established under the laws of the State
of Ohio.
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 104.
(4) Partner.--The term ``partner'' means--
(A) a Federal, State, or local governmental entity;
or
(B) an organization, private industry, or person
involved in promoting the conservation and preservation
of the cultural and natural resources of the Heritage
Area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 103. NATIONAL AVIATION HERITAGE AREA.
(a) Establishment.--There is established in the States of Ohio and
Indiana the National Aviation Heritage Area.
(b) Boundaries.--
(1) In general.--The Heritage Area shall include--
(A) a core area consisting of resources in
Montgomery, Greene, Warren, Miami, Clark, Shelby,
Auglaize, and Champaign Counties in the State of Ohio;
(B) the Neil Armstrong Air & Space Museum,
Wapakoneta, Ohio;
(C) the Wilbur Wright Birthplace and Museum,
Millville, Indiana; and
(D) any sites, buildings, and districts within the
core area described in subparagraph (A) that are
recommended for inclusion in the Heritage Area in the
management plan.
(2) Map.--
(A) In general.--The Secretary shall prepare a map
of the Heritage Area for inclusion in the management
plan.
(B) Availability.--The map shall be on file and
available for public inspection in the appropriate
offices of the National Park Service.
SEC. 104. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the management entity shall submit to the Secretary for
approval a management plan for the Heritage Area.
(b) Requirements.--The management plan shall--
(1) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historic, scenic, and recreational resources of the
Heritage Area;
(2) take into consideration Federal, State, and local
plans;
(3) involve residents, public agencies, and private
organizations in the Heritage Area;
(4) include--
(A) an assessment of cultural landscapes in the
Heritage Area;
(B) provisions for the protection, interpretation,
and enjoyment of the resources of the Heritage Area
that are consistent with the purposes of this title;
(C) an interpretation plan for the Heritage Area;
(D) a program for the implementation of the
management plan by the management entity that
includes--
(i) provisions for facilitating ongoing
collaboration among the partners to--
(I) promote heritage tourism; and
(II) develop educational and
cultural programs for the public;
(ii) provisions for assisting partners in
plans for restoration and construction of the
Heritage Area; and
(iii) to the maximum extent practicable,
specific commitments from partners for the
first 5 years of operation of the Heritage
Area; and
(E) an inventory of the resources contained in the
core area of the Heritage Area, including--
(i) the Dayton Aviation Heritage Historical
Park;
(ii) the sites, buildings, and districts
listed in section 202 of the Dayton Aviation
Heritage Preservation Act of 1992 (Public Law
102-419); and
(iii) any other property that--
(I) is related to the themes of the
Heritage Area; and
(II) should be preserved, restored,
managed, or maintained because of the
significance of the property;
(5) identify sources of funding for the implementation of
the management plan; and
(6) describe and evaluate the management entity, including
a description and evaluation of--
(A) the membership of the management entity; and
(B) the organizational structure of the management
entity.
(c) Failure To Submit.--If the management entity fails to submit
the management plan by the date described in subsection (a), the
Secretary shall not provide any additional funding under this title to
the management entity until the date on which the management entity
submits a management plan to the Secretary.
(d) Approval and Disapproval of Management Plans.--
(1) In general.--Not later than 90 days after the date of
the receipt of the management plan under subsection (a), the
Secretary, in consultation with the State of Ohio, shall
approve or disapprove the plan.
(2) Disapproval and revision.--If the Secretary disapproves
a management plan under paragraph (1), the Secretary shall--
(A) advise the management entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 90 days after the receipt of any
proposed revision of the management plan from the
management entity, approve or disapprove the proposed
revision.
(e) Amendments.--
(1) In general.--The Secretary shall review each amendment
to the management plan that the Secretary determines may make a
substantial change to the management plan.
(2) Use of funds.--Funds made available under this title
shall not be expended to implement an amendment described in
paragraph (1) until the Secretary approves the amendment.
SEC. 105. ADMINISTRATION.
(a) In General.--The management entity shall administer the
Heritage Area in accordance with this title.
(b) Authorities.--The management entity may, for purposes of
implementing the management plan, use Federal funds made available
under this title to--
(1) make grants to, and enter into cooperative agreements
with--
(A) the State of Ohio (including a political
subdivision of the State);
(B) a private organization; or
(C) any person;
(2) hire and compensate staff;
(3) contract for goods and services; and
(4) obtain funds from any source (including a program that
has a cost-sharing requirement).
(c) Duties of Management Entity.--In addition to developing the
management plan under section 104, in carrying out this title, the
management entity shall--
(1) give priority to the implementation of actions set
forth in the management plan, including--
(A) assisting units of government and nonprofit
organizations in preserving the resources of the
Heritage Area; and
(B) encouraging local governments to adopt land use
policies that are consistent with--
(i) the management of the Heritage Area;
and
(ii) the goals of the management plan;
(2) in developing and implementing the management plan,
consider the interests of diverse governmental, business, and
nonprofit organizations in the Heritage Area;
(3) maintain a collaboration among the partners to promote
heritage tourism;
(4) assist partners in developing educational and cultural
programs for the public;
(5) encourage economic viability in the Heritage Area in
accordance with the goals of the management plan;
(6) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the historical, natural, and architectural
resources and sites of the Heritage Area;
(D) installing throughout the Heritage Area, clear,
consistent, and environmentally appropriate signs that
identify access points and sites of interest; and
(E) restoring historic buildings that relate to the
purposes of the Heritage Area;
(7) conduct public meetings at least quarterly regarding
the implementation of the management plan;
(8) submit to the Secretary for approval substantial
amendments to the management plan; and
(9) for any fiscal year for which Federal funds are made
available to carry out this Act under section 107--
(A) submit to the Secretary a report that
describes, for the fiscal year--
(i) any activities conducted by the
management entity with respect to the Heritage
Area; and
(ii) any expenses incurred by the
management entity in carrying out this title;
(B) make available to the Secretary for audit all
records relating to the expenditure of the funds and
any matching funds; and
(C) require, for all agreements authorizing the
expenditure of Federal funds by any entity, that the
receiving entity make available to the Secretary for
audit all records relating to the expenditure of the
funds.
(d) Prohibition of Acquisition of Real Property.--
(1) Use of federal funds.--The management entity shall not
use Federal funds made available under this title to acquire
real property or any interest in real property.
(2) Funds from other sources.--The management entity may
acquire real property or an interest in real property using
non-Federal funds.
SEC. 106. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--On the request of the management entity,
the Secretary may provide to the Heritage Area technical
assistance, on a reimbursable or nonreimbursable basis, and
financial assistance for use in the development and
implementation of the management plan.
(2) Cooperative agreements.--The Secretary may enter into a
cooperative agreement with the management entity or other
public or private organizations for purposes of providing
technical or financial assistance under paragraph (1).
(3) Priority for assistance.--In providing technical or
financial assistance under paragraph (1), the Secretary shall
give priority to actions that assist in--
(A) conserving the significant historical,
cultural, and natural resources of the Heritage Area;
and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(b) Operational Assistance.--Subject to the availability of
appropriations, the Secretary may provide to public or private
organizations in the Heritage Area such operational assistance as is
appropriate to support the implementation of the management plan.
(c) Duties of Other Federal Agencies.--A Federal agency conducting
or supporting any activity directly affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to the activity;
(2) cooperate with the Secretary and the management entity
in carrying out the duties of the Secretary and the management
entity under this title;
(3) to the maximum extent practicable, coordinate the
activity with the duties of the Secretary and the management
entity under this title; and
(4) conduct or support the activity in a manner that, to
the maximum extent practicable, will not have an adverse effect
on the Heritage Area, as determined by the management entity.
(d) Coordination Between the Secretary, the Secretary of Defense,
and the Administrator of NASA.--Any decision relating to the
application of this title to properties under the jurisdiction of the
Secretary of Defense or the Administrator of the National Aeronautics
and Space Administration shall be made by the Secretary of Defense or
the Administrator, respectively, in consultation with the Secretary.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this title $10,000,000, of which not more than $1,000,000 may be
made available for any fiscal year.
(b) Federal Share.--The Federal share of the total cost of any
activity assisted under this title shall be not more than 50 percent.
SEC. 108. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date of
enactment of this Act.
TITLE II--WRIGHT COMPANY FACTORY STUDY
SEC. 201. DEFINITIONS.
In this title:
(1) Factory.--The term ``Factory'' means the Wright Company
factory in Dayton, Ohio.
(2) Park.--The term ``park'' means the Dayton Aviation
Heritage National Historical Park in the State of Ohio.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 202. STUDY.
(a) In General.--The Secretary shall conduct a special resource
study that--
(1) updates the study required under section 104 of the
Dayton Aviation Heritage Preservation Act of 1992 (Public Law
102-419); and
(2) describes alternatives for incorporating the Factory as
a unit of the Park.
(b) Contents.--The study shall include an analysis of the
alternatives described under subsection (a)(2), including an analysis
of management and development options and costs.
(c) Consultation.--In conducting the study, the Secretary shall
consult with--
(1) the Delphi Corporation;
(2) the Aviation Heritage Foundation;
(3) State and local agencies; and
(4) other interested parties in the area in which the
Factory is located.
SEC. 203. REPORT.
Not later than 3 years after the date on which funds are first made
available to carry out this title, the Secretary shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report that
describes the results of the study conducted under this title.
Passed the Senate September 15, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 180
_______________________________________________________________________
AN ACT
To establish the National Aviation Heritage Area, and for other
purposes.