[House Report 110-739]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
2d Session                                                     110-739
======================================================================
 
 TO AMEND THE DAYTON AVIATION HERITAGE PRESERVATION ACT OF 1992 TO ADD 
SITES TO THE DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK, AND FOR 
                             OTHER PURPOSES

                                _______
                                

  July 8, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4199]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 4199) to amend the Dayton Aviation Heritage 
Preservation Act of 1992 to add sites to the Dayton Aviation 
Heritage National Historical Park, 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--ADDITIONAL AREAS INCLUDED IN DAYTON AVIATION HERITAGE NATIONAL 
                            HISTORICAL PARK

SEC. 101. ADDITIONAL AREAS INCLUDED IN PARK.

  Section 101 of the Dayton Aviation Heritage Preservation Act of 1992 
(16 U.S.C. 410ww, et seq.) is amended by adding at the end the 
following:
  ``(c) Additional Sites.--In addition to the sites described in 
subsection (b), the park shall consist of the following sites, as 
generally depicted on a map titled `Dayton Aviation Heritage National 
Historical Park', numbered 362/80,013 and dated May 2008:
          ``(1) Hawthorn Hill, Oakwood, Ohio.
          ``(2) The Wright Company factory and associated land and 
        buildings, Dayton, Ohio.''.

SEC. 102. PROTECTION OF HISTORIC PROPERTIES.

  Section 102 of the Dayton Aviation Heritage Preservation Act of 1992 
(16 U.S.C. 410ww-1) is amended--
          (1) in subsection (a), by inserting ``Hawthorn Hill, the 
        Wright Company factory,'' after ``, acquire'';
          (2) in subsection (b), by striking ``Such agreements'' and 
        inserting:
  ``(d) Conditions.--Cooperative agreements under this section'';
          (3) by inserting before subsection (d) (as added by paragraph 
        2) the following:
  ``(c) Cooperative Agreements.--The Secretary is authorized to enter 
into a cooperative agreement with a partner or partners, including the 
Wright Family Foundation, to operate and provide programming for 
Hawthorn Hill and charge reasonable fees notwithstanding any other 
provision of law, which may be used to defray the costs of park 
operation and programming.''; and
          (4) by striking ``Commission'' and inserting ``Aviation 
        Heritage Foundation''.

 TITLE II--WRIGHT BROTHERS-DUNBAR NATIONAL HISTORICAL PARK DESIGNATION

SEC. 201. REDESIGNATION OF DAYTON AVIATION HERITAGE NATIONAL HISTORICAL 
                    PARK.

  (a) Redesignation.--The Dayton Aviation Heritage Preservation Act of 
1992, 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 title), 
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. 202. NATIONAL AVIATION HERITAGE AREA.

  Title V of division J of the Consolidated Appropriations Act, 2005 
(16 U.S.C. 461 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''.

                          Purpose of The Bill

    The purpose of H.R. 4199 is to amend the Dayton Aviation 
Heritage Preservation Act of 1992 to add sites to the Dayton 
Aviation Heritage National Historical Park, and for other 
purposes.

                  Background and Need for Legislation

    H.R. 4199 adds two sites to the Dayton Aviation Heritage 
National Historical Park. The park, established in 1992, 
preserves sites associated with Wilbur and Orville Wright and 
the early development of aviation. The park also honors the 
life and work of African-American poet Paul Laurence Dunbar, a 
business associate and friend of Orville Wright.
    H.R. 4199 allows the National Park Service (NPS) to enter 
into a cooperative agreement with the Wright Family Foundation, 
which currently owns Hawthorn Hill, the mansion designed by the 
Wright Brothers in Oakwood, Ohio. The cooperative agreement 
will provide for the operation of the mansion as a historic 
site and associated educational programing. H.R. 4199 also 
allows NPS and the foundation to charge reasonable fees to 
cover costs of running the house and programs.
    The bill also adds a second site, the Wright Company 
factory, to the park. The factory, completed in 1910, is the 
site of the first American facilities specifically designed and 
built for the manufacture of airplanes.
    H.R. 4199 includes language (also contained in H.R. 4191, 
which passed the House of Representatives on March 5, 2008) 
changing the name of the park to the ``Wright Brothers-Dunbar 
National Historical Park'' and setting the conditions under 
which the Secretary of the Interior may make grants to the 
park's partners. Under the bill, such grants must support the 
purposes of the park; be consistent with the park's general 
management plan; and enhance public use and enjoyment of the 
park.

                            Committee Action

    H.R. 4199 was introduced on November 15, 2007, by 
Representative Michael Turner (R-OH). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests and Public Lands.
    The National Parks, Forests and Public Lands Subcommittee 
held a hearing on the bill on June 5, 2008. A representative of 
the Department of the Interior said the Administration would 
not support the bill unless it is amended to require a partner 
or partners to sign an operating agreement(s) for the 
development and operation of the two sites before the Interior 
Department could accept donation of the land. The witness also 
recommended deleting the grant authority section.
    On June 11, 2008, the Full Natural Resources Committee met 
to consider the bill. The Subcommittee on National Parks, 
Forests and Public Lands was discharged from further 
consideration of H.R. 4199. Subcommittee Ranking Member Rob 
Bishop (R-UT) offered an amendment in the nature of a 
substitute to rename the park as ``Wright Brothers-Dunbar 
National Historical Park,'' and add a map reference. The 
amendment was adopted voice vote. The bill as amended was then 
ordered favorably reported to the House of Representatives by 
voice vote.

            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 Natural 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. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to amend the 
Dayton Aviation Heritage Preservation Act of 1992 to add sites 
to the Dayton Aviation Heritage National Historical Park, 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:

H.R. 4199--A bill to amend the Dayton Aviation Heritage Preservation 
        Act of 1992 to add sites to the Dayton Aviation Heritage 
        National Historical Park

    Summary: H.R. 4199 would add two sites to the Dayton 
Aviation Heritage National Historical Park and would rename the 
park the Wright Brothers-Dunbar National Historical Park. The 
bill also would authorize the National Park Service (NPS) to 
make grants to local organizations for construction projects on 
private property within park boundaries.
    Based on information obtained from NPS and assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing H.R. 4199 would cost $15 million over the 2009-
2013 period and $1 million annually thereafter for ongoing 
operations. Enacting the legislation would not affect direct 
spending or revenues.
    H.R. 4199 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4199 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2009     2010     2011     2012     2013   2009-2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................       15        *        *        *        *         1
Estimated Outlays.......................................        2        3        4        4        2        15
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted by the end of fiscal year 2008 and 
that the necessary amounts will be appropriated for each year. 
Estimated outlays are based on historical spending patterns for 
NPS programs.
    H.R. 4199 would amend the Dayton Aviation Heritage 
Preservation Act of 1992 to add Hawthorn Hill and the Wright 
Company Factory to the Dayton Aviation Heritage National 
Historical Park. Based on information obtained from NPS, CBO 
expects that the current owners of Hawthorn Hill and the Wright 
Company Factory would donate those properties to NPS. CBO 
estimates that site development costs would be $3 million for 
Hawthorn Hill and $11 million for the Wright Company Factory. 
The Wright Family Foundation would continue to operate Hawthorn 
Hill under a cooperative agreement with NPS, which we estimate 
would contribute about $1 million for that purpose over the 
five-year period. We expect that the Wright Company Factory 
would begin operations after 2013, at an annual cost of about 
$1 million.
    The bill also would authorize NPS to make grants to local 
partners for development and construction on nonfederal 
property within the boundaries of the Dayton Aviation Heritage 
National Historical Park. Based on information provided by NPS, 
CBO estimates that the cost of those grants would not be 
significant.
    Intergovernmental and private-sector impact: H.R. 4199 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis and 
Jeffrey LaFave; Impact on State, Local, and Tribal Governments: 
Melissa Merrell; Impact on the Private Sector: MarDestinee 
Perez.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    HR. 4199 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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) * * *

           *       *       *       *       *       *       *

  (c) Additional Sites.--In addition to the sites described in 
subsection (b), the park shall consist of the following sites, 
as generally depicted on a map titled ``Dayton Aviation 
Heritage National Historical Park'', numbered 362/80,013 and 
dated May 2008:
          (1) Hawthorn Hill, Oakwood, Ohio.
          (2) The Wright Company factory and associated land 
        and buildings, Dayton, Ohio.

SEC. 102. PROTECTION OF HISTORIC PROPERTIES.

  (a) Acquisition of Properties Within the Park.--Within the 
boundaries of the park the Secretary shall, subject to the 
availability of appropriated funds, acquire Hawthorn Hill, the 
Wright Company factory, the Wright Cycle Company Building and 
Hoover Block, and may acquire other properties, or interests 
therein, referred to in section 101(b), by donation, purchase 
with donated or appropriated funds, exchange, or transfer.
  (b) Cooperative Agreements.--The Secretary is authorized to 
enter into cooperative agreements with other Federal agencies, 
State and local public bodies, and private interests and 
organizations relating to the preservation, development, use, 
and interpretation of properties within the boundaries of the 
park in order to contribute to the appropriate use and 
management of such properties consistent with the purposes of 
this Act. [Such agreements]
  (c) Cooperative Agreements.--The Secretary is authorized to 
enter into a cooperative agreement with a partner or partners, 
including the Wright Family Foundation, to operate and provide 
programming for Hawthorn Hill and charge reasonable fees 
notwithstanding any other provision of law, which may be used 
to defray the costs of park operation and programming.
  (d) Conditions.--Cooperative agreements under this section 
shall provide, whenever appropriate, that--
          (1) * * *
          (2) the Secretary may make such improvements to any 
        such property as the Secretary deems necessary after 
        consultation with the [Commission] Aviation Heritage 
        Foundation to enhance the public use and enjoyment of 
        such property and programs.

           *       *       *       *       *       *       *


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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