[House Report 106-896]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-896

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



 
      DAYTON AVIATION HERITAGE PRESERVATION AMENDMENTS ACT OF 2000

                                _______
                                

 September 26, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5036]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 5036) to amend the Dayton Aviation Heritage Preservation 
Act of 1992 to clarify the areas included in the Dayton 
Aviation Heritage National Historical Park and to authorize 
appropriations for that park, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 5036 is to amend the Dayton Aviation 
Heritage Preservation Act of 1992 to clarify the areas included 
in the Dayton Aviation Heritage National Historical Park and to 
authorize appropriations for that park.

                  Background and Need for Legislation

    The Dayton Aviation Heritage National Historical Park was 
originally created in 1992. The historical park preserves sites 
associated with Wilbur and Orville Wright and the early 
development of aviation and is approximately 86 acres in size. 
In addition, the Park contains the home of Paul Laurence 
Dunbar, a famous African-American poet who also was a business 
associate and friend of Orville Wright. The Park currently 
includes the Wright Brothers' bicycle and printing shop, the 
1905 Wright Flyer, the Huffman Prairie Flying Field, and the 
home of Paul Laurence Dunbar.
    H.R. 5036 amends the Dayton Aviation Heritage Preservation 
Act of 1992 to clarify the areas included in the Dayton 
Aviation Heritage National Historical Park and to authorize 
appropriations for that park. Specifically, the bill would 
authorize the inclusion of three parcels of land including two 
residential properties and expansion of Wright Hall.
    H.R. 5036 also removes a current prohibition which limits 
the amount of appropriated dollars spent for the operation, 
development, and restoration of non-federally owned properties 
to no more than $200,000. The cap on this appropriation has 
apparently caused concerns for interpretive functions, funding 
from other sources, and for a construction project which has a 
small amount of non-federal land associated with it.

                            Committee Action

    H.R. 5036 was introduced on July 27, 2000, by Congressman 
Tony Hall (D-OH). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands. On September 7, 2000, the 
Subcommittee on National Parks and Public Lands held a hearing 
on the bill. On September 20, 2000, the Full Resources 
Committee met to consider the bill. The Subcommittee on 
National Parks and Public Lands was discharged from further 
consideration of the bill by unanimous consent. No amendments 
were offered and the bill was 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 of the Constitution of the United 
States grants 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. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    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, September 25, 2000.
Hon. Don Young,
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. 5036, the Dayton 
Aviation Heritage Preservation Amendments Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 5036--Dayton Aviation Heritage Preservation Amendments Act of 2000

    H.R. 5036 would expand the boundaries of the Dayton 
Aviation Heritage National Historical Park in Ohio to include 
three adjacent properties. The bill also would codify the 
addition of a fourth property that was added by the National 
Park Service (NPS) under existing authority. Finally, the bill 
would remove the $200,000 limit on the use of appropriated 
funds for expenses related to nonfederal property within the 
park.
    CBO estimates that the NPS would spend about $3 million 
over the next two or three years to develop or restore 
structures in the historical park, and that annual costs to 
operate the park would increase by about $800,000, beginning in 
fiscal year 2001. The NPS could spend another $1 million to 
purchase the Setzer building within the park, but this would 
probably not occur for several years. This estimate includes 
amounts for properties to be added to the park by the bill as 
well as for nonfederal properties that are already within the 
park but are currently ineligible for federal funding because 
of the $200,000 limit. These estimates are based on information 
provided by the NPS, and assume appropriation of the necessary 
amounts.
    The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. H.R. 5036 
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 September 22, 2000, CBO submitted a cost estimate for S. 
2959, the Dayton Aviation Heritage Preservation Amendments Act 
of 2000, as ordered reported by the Senate Committee on Energy 
and Natural Resources on September 20, 2000. These bills are 
very similar and our estimates of their costs are the same.
    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 Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

           DAYTON AVIATION HERITAGE PRESERVATION ACT OF 1992

           *       *       *       *       *       *       *



SEC. 101. ESTABLISHMENT OF THE DAYTON AVIATION HERITAGE NATIONAL 
                    HISTORICAL PARK.

  (a)  * * *
  [(b) Area Included.--The park shall consist of the following 
sites, as generally depicted on a map entitled ``Proposed 
Dayton Aviation Heritage National Historical Park'', numbered 
NHP-DAH 80,000, and dated February 1992:
          [(1) A core parcel in Dayton, Ohio, which shall 
        consist of the Wright Cycle Company Building, Hoover 
        Block, and lands between.
          [(2) Huffman Prairie Flying Field, Wright-Patterson 
        Air Force Base, Ohio.
          [(3) The Wright 1905 Flyer and Wright Hall, Dayton, 
        Ohio.
          [(4) The Paul Laurence Dunbar home, Dayton, Ohio.]
  (b) Areas Included.--The park shall consist of the following 
sites, as generally depicted on a map entitled ``Dayton 
Aviation Heritage National Historical Park'', numbered ____ and 
dated ____:
          (1) A core parcel in Dayton, Ohio, which shall 
        consist of the Wright Cycle Company building, Hoover 
        Block, and lands between.
          (2) The Setzer building property (also known as the 
        Aviation Trail building property), Dayton, Ohio.
          (3) The residential properties at 26 South Williams 
        Street and at 30 South Williams Street, Dayton, Ohio.
          (4) Huffman Prairie Flying Field, located at Wright-
        Patterson Air Force Base, Ohio.
          (5) The Wright 1905 Flyer III and Wright Hall, 
        including constructed additions and attached 
        structures, known collectively as the John W. Berry, 
        Sr. Wright Brothers Aviation Center, Dayton, Ohio.
          (6) The Paul Laurence Dunbar State Memorial, Dayton, 
        Ohio.

           *       *       *       *       *       *       *


SEC. 107. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF 
                    DEFENSE.

  The decisions concerning the execution of this Act as it 
applies to properties under control of the Secretary of Defense 
shall be made by such Secretary, in consultation with the 
[Secretary of Interior] Secretary of the Interior.

           *       *       *       *       *       *       *


SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated such sums as may be 
necessary to carry out this title[: Provided, That the amount 
to be appropriated for the operation, development or 
restoration of non-federally owned properties within the 
boundaries of the park shall not exceed $200,000].

           *       *       *       *       *       *       *


                                  
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