[House Report 109-631]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-631
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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.
* * * * * * *
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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;
* * * * * * *