[House Report 109-631]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-631

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



 
    WRIGHT BROTHERS-DUNBAR NATIONAL HISTORICAL PARK DESIGNATION ACT

                                _______
                                

 September 6, 2006.--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. 4612]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4612) to redesignate Dayton Aviation Heritage National 
Historic Park in the State of Ohio as ``Wright Brothers-Dunbar 
National Historic Park,'' and for other purposes, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wright Brothers-Dunbar National 
Historical Park Designation Act''.

SEC. 2. REDESIGNATION OF DAYTON AVIATION HERITAGE NATIONAL HISTORICAL 
                    PARK.

    (a) Redesignation.--The Act titled ``An Act to establish the Dayton 
Aviation Heritage National Historical Park in the State of Ohio, and 
for other purposes'', approved October 16, 1992 (16 U.S.C. 410ww et 
seq.; 106 Stat. 2141), is amended--
          (1) by striking ``Dayton Aviation Heritage National 
        Historical Park'' each place it appears and inserting ``Wright 
        Brothers-Dunbar National Historical Park'';
          (2) by redesignating subsection (b) of section 108 as 
        subsection (c); and
          (3) by inserting after subsection (a) of section 108 the 
        following new subsection:
    ``(b) Grant Assistance.--The Secretary is authorized to make grants 
to the parks' partners, including the Aviation Trail, Inc., the Ohio 
Historical Society, and Dayton History, for projects not requiring 
Federal involvement other than providing financial assistance, subject 
to the availability of appropriations in advance identifying the 
specific partner grantee and the specific project. Projects funded 
through these grants shall be limited to construction and development 
on non-Federal property within the boundaries of the park. Any project 
funded by such a grant shall support the purposes of the park, shall be 
consistent with the park's general management plan, and shall enhance 
public use and enjoyment of the park.''.
    (b) References.--Any reference in any law (other than this Act), 
map, regulation, document, record, or other official paper of the 
United States to the ``Dayton Aviation Heritage National Historical 
Park'' shall be considered to be a reference to the ``Wright Brothers-
Dunbar National Historical Park''.

SEC. 3. NATIONAL AVIATION HERITAGE AREA.

    Title V of division J of the Consolidated Appropriations Act, 2005 
(16 U.S.C. 1132 note; Public Law 108-447), is amended--
          (1) in section 503(3), by striking ``104'' and inserting 
        ``504'';
          (2) in section 503(4), by striking ``106'' and inserting 
        ``506'';
          (3) in section 504, by striking subsection (b)(2) and by 
        redesignating subsection (b)(3) as subsection (b)(2); and
          (4) in section 505(b)(1), by striking ``106'' and inserting 
        ``506''.

    Amend the title so as to read:

    A bill to redesignate Dayton Aviation Heritage National Historical 
Park in the State of Ohio as the Wright Brothers-Dunbar National 
Historical Park, and for other purposes.

                          Purpose of the Bill

    The purpose of H.R. 4612, as ordered reported, is to 
redesignate Dayton Aviation Heritage National Historical Park 
in the State of Ohio as the Wright Brothers-Dunbar National 
Historical Park, and for other purposes.

                  Background and Need for Legislation

    The Dayton Aviation Heritage National Historical Park, 
located in Dayton, Ohio, was established in 1992. The Park is 
comprised of four distinct sites within Ohio's Third and 
Seventh Congressional Districts. All four of the sites and the 
majority of the interpretive exhibits and media at these sites 
describe the accomplishments of both the Wright Brothers and 
Paul Laurence Dunbar. The name change proposed in H.R. 4612 
would reflect the individuals being commemorated at the site 
and the role they played in the history of aviation in our 
county, and, according to the Administration, more accurately 
describe the Park's purpose. State and local governments, 
public organizations and professional associations with 
interests in the park, and all pertinent landowners have been 
advised of the proposed change.
    H.R. 4612 also allows the Secretary of the Interior to make 
grants to public and private organizations relating to the 
preservation, development, use, and interpretation of 
properties within the boundaries of the park, ``subject to 
availability of appropriations.''

                            Committee Action

    H.R. 4612 was introduced on December 16, 2005, by 
Congressman Michael Turner (R-OH). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks. On April 27, 2006, the 
Subcommittee held a hearing on the bill. On June 21, 2006, the 
Full Resources Committee met to consider the bill, at which 
time the Subcommittee on National Parks was discharged from 
further consideration of the bill by unanimous consent. 
Congressman Stevan Pearce (R-NM) offered an amendment in the 
nature of a substitute to clarify who may receive a grant and 
under what circumstances as well as make a number of technical 
changes recommended by the Administration. The amendment was 
adopted by unanimous consent. The bill, as amended, was then 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                   Constitutional Authority Statement

    Article I, section 8, clause 3 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. 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 redesignate Dayton Aviation 
Heritage National Historic Park in the State of Ohio as the 
Wright Brothers-Dunbar National Historic Park.
    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:

H.R. 4612--Wright Brothers-Dunbar National Historical Park Designation 
        Act

    H.R. 4612 would rename the Dayton Aviation Heritage 
National Historical Park in Ohio as the Wright Brothers-Dunbar 
National Historical Park. The bill would authorize the National 
Park Service (NPS) to provide grants, subject to the 
availability of appropriations, to the nonfederal partners that 
help operate the park. CBO estimates that implementing H.R. 
4612 would have no significant effect on the federal budget and 
no effect on direct spending or revenues.
    H.R. 4612 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.
    Under H.R. 4612, the NPS would be able to provide financial 
assistance to its nonfederal partners through grants rather 
than cooperative agreements. The expanded authority would 
facilitate carrying out small construction projects (generally 
less than $500,000 each over several years) on nonfederal lands 
at the park. Based on information provided by the NPS, CBO 
estimates that implementing H.R 4612 would have no net effect 
on federal discretionary spending. Projects of the type that 
would be authorized under the proposed grant authority would be 
very similar to those carried out under recent appropriations 
provisions. We expect that implementing the legislation would 
not affect the number of such projects at the park but would 
cause some future projects to be completed more rapidly. 
Finally, CBO expects that the costs associated with renaming 
the park would be less than $100,000.
    The CBO staff contact for this estimate is Deborah Reis. 
This 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 italic, existing law in which no change is 
proposed is shown in roman):

DAYTON AVIATION HERITAGE PRESERVATION ACT OF 1992

           *       *       *       *       *       *       *



  TITLE I--[DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK] WRIGHT 
                BROTHERS-DUNBAR NATIONAL HISTORICAL PARK

SEC. 101. ESTABLISHMENT OF THE [DAYTON AVIATION HERITAGE NATIONAL 
                    HISTORICAL PARK] WRIGHT BROTHERS-DUNBAR NATIONAL 
                    HISTORICAL PARK.

  (a) Establishment.--There is established, as a unit of the 
National Park System in the State of Ohio, the [Dayton Aviation 
Heritage National Historical Park] Wright Brothers-Dunbar 
National Historical Park (hereinafter in this Act referred to 
as the ``park'').
  (b) Areas Included.--The park shall consist of the following 
sites, as generally depicted on a map entitled ``[Dayton 
Aviation Heritage National Historical Park] Wright Brothers-
Dunbar National Historical Park'', numbered 362-80,010 and 
dated September 1, 2000:
          (1) * * *

           *       *       *       *       *       *       *


SEC. 108. ASSISTANCE.

  (a) * * *
  (b) Grant Assistance.--The Secretary is authorized to make 
grants to the parks' partners, including the Aviation Trail, 
Inc., the Ohio Historical Society, and Dayton History, for 
projects not requiring Federal involvement other than providing 
financial assistance, subject to the availability of 
appropriations in advance identifying the specific partner 
grantee and the specific project. Projects funded through these 
grants shall be limited to construction and development on non-
Federal property within the boundaries of the park. Any project 
funded by such a grant shall support the purposes of the park, 
shall be consistent with the park's general management plan, 
and shall enhance public use and enjoyment of the park.
  [(b)] (c) Interpretative Materials.--The Secretary is 
authorized to publish interpretative materials for historic 
aviation resources in the Miami Valley.

           *       *       *       *       *       *       *

                              ----------                              


CONSOLIDATED APPROPRIATIONS ACT, 2005

           *       *       *       *       *       *       *


DIVISION J--OTHER MATTERS

           *       *       *       *       *       *       *


TITLE V--NATIONAL AVIATION HERITAGE AREA

           *       *       *       *       *       *       *


SEC. 503. DEFINITIONS.

  For purposes of this title:
          (1) * * *

           *       *       *       *       *       *       *

          (3) Heritage area.--The term ``Heritage Area'' means 
        the National Aviation Heritage Area established by 
        section [104] 504 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] 506.

           *       *       *       *       *       *       *


SEC. 504. NATIONAL AVIATION HERITAGE AREA.

  (a) * * *
  (b) Boundaries.--The Heritage Area shall include the 
following:
          (1) * * *
          [(2) The Neil Armstrong Air & Space Museum, 
        Wapakoneta, Ohio.]
          [(3)] (2) Sites, buildings, and districts within the 
        core area recommended by the Management Plan.

           *       *       *       *       *       *       *


SEC. 505. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

  (a) * * *
  (b) Duties.--The management entity shall--
          (1) develop and submit to the Secretary for approval 
        the proposed Management Plan in accordance with section 
        [106] 506;

           *       *       *       *       *       *       *


                                  
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