[House Report 108-370]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-370
======================================================================
TO ESTABLISH THE NATIONAL AVIATION HERITAGE AREA, AND FOR OTHER
PURPOSES
_______
November 17, 2003.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 280]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 280) to establish the National Aviation Heritage Area,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
TITLE I--NATIONAL AVIATION HERITAGE AREA
SEC. 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, 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 104 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, Champaign, Shelby, and Auglaize
Counties in Ohio.
(2) The Neil Armstrong Air & Space Museum, Wapakoneta, Ohio.
(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
title 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;
(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) conduct public meetings at least quarterly regarding the
implementation of the Management Plan;
(8) submit substantial amendments to the Management Plan to
the Secretary for the approval of the Secretary; and
(9) for any year in which Federal funds have been received
under this title--
(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 title to acquire real property or an
interest in real property.
(2) Other sources.--Nothing in this title 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
the enactment of this title, 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 title.
(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 title, the management entity shall be ineligible to
receive additional funding under this title 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 title 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 title 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 title;
(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. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.
SEC. 110. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title shall be
construed to--
(1) require any private property owner to allow public access
(including Federal, State, or local government access) to such
private property; or
(2) modify any provision of Federal, State, or local law with
regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority To Control Land Use.--Nothing in this
title shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the Heritage Area and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Area or its viewshed by the Secretary, the National
Park Service, or the management entity.
SEC. 111. 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) Fifty 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. 112. SUNSET PROVISION.
The authority of the Secretary to provide assistance under this title
terminates on the date that is 15 years after the date that funds are
first made available for this Act.
TITLE II--WRIGHT COMPANY FACTORY STUDY
SEC. 201. STUDY AND REPORT.
(a) Study.--
(1) 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.
(2) 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.
(3) Consultation.--In conducting the study, the Secretary
shall consult with the Delphi Corporation, the Aviation
Heritage Foundation, State and local agencies, and other
interested parties in the area.
(b) Report.--Not later than 3 years after funds are first made
available for this section, 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 this section.
PURPOSE OF THE BILL
The purpose of H.R. 280 is to establish the National
Aviation Heritage Area, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The National Aviation Heritage Area will contain resources
associated with the development of the aviation and aerospace
industry in America. The intent of H.R. 280 is to promote
heritage tourism and develop educational and cultural programs
for the public while preserving certain lands, structure,
facilities and sites within the heritage area. The legislation
names an Ohio nonprofit, The Aviation Heritage Foundation,
Incorporated, as the ``management entity.'' A management plan
must be developed and approved by the Secretary of the
Interior. The plan will provide for the protection,
enhancement, and interpretation of the natural, cultural,
historic, scenic, and recreational resources of the Area. The
plan must also include an inventory of the resources contained
in the core part of the Area, including the Dayton Aviation
Heritage Historical Park, and other property in the Area that
is related to the themes of the Area and that should be
preserved, restored, managed, or maintained because of its
significance. H.R. 280 authorizes appropriations of
$10,000,000, although not more than $1,000,000 may be spent in
any fiscal year with 50% cap on the federal share of the
activity cost. Finally, the bill directs the Secretary to
conduct a special resource study, updating a previous report,
detailing alternatives for incorporating the Wright Company
factory as a unit of Dayton Aviation National Historical Park.
COMMITTEE ACTION
H.R. 280 was introduced on January 8, 2003, by Congressman
David Hobson (R-OH). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation and Public Lands. On September 16,
2003, the Subcommittee held a hearing on the bill. On October
21, 2003, the Subcommittee met to mark up the bill. Congressman
George Radanovich (R-CA) offered an amendment in the nature of
a substitute to require that private landowners whose property
is located within the boundary of the heritage area have their
property excluded from within the boundary upon written request
to the management entity. The amendment also required that the
owner of any private property located within the boundary of
the heritage area be contacted in writing and provided written
consent for such inclusion if his property is to be governed by
the management plan for the heritage area. The amendment was
agreed to by unanimous consent. The bill, as amended, was then
forwarded to the Full Resources Committee by unanimous consent.
On October 29, 2003, the Full Resources Committee met to
consider the bill. Mr. Radanovich offered an amendment in the
nature of a substitute to further refine the private property
rights protections in the bill. The amendment was agreed to by
unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8, and Article IV, section 3, of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to establish the National Aviation
Heritage Area, and for other purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 10, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 280, 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,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 280--National Aviation Heritage Area Act
H.R. 280 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 bill would authorize the
appropriation of $10 million, not to exceed $1 million
annually. Finally, the bill 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 H.R. 280 would cost $10 million
over the next 10 to 15 years. Such amounts would be used to
cover a portion of the costs of 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 H.R. 280 would have no effect on revenues or direct
spending.
H.R. 280 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.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.