[Senate Report 114-346]
[From the U.S. Government Publishing Office]
Calendar No. 621
114th Congress } { Report
SENATE
2d Session } { 114-346
======================================================================
DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK
_______
September 8, 2016.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1007]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1007) to amend the Dayton Aviation
Heritage Preservation Act of 1992 to rename a site of the
Dayton Aviation Heritage National Historical Park, having
considered the same, reports favorably thereon without
amendment and an amendment to the title and recommends that the
bill do pass.
The amendment is as follows:
1. Amend the title so as to read: ``A bill to amend the
Dayton Aviation Heritage Preservation Act of 1992, and for
other purposes.''.
Purpose
The purpose of S. 1007 is to amend the Dayton Aviation
Heritage Preservation Act of 1992 to rename a site of the
Dayton Aviation Heritage National Historical Park.
Background and Need
The Dayton Aviation Heritage National Historical Park, in
Dayton, Ohio, is a cooperative effort between the National Park
Service and Dayton-based partners Aviation Trail, Inc.,
Carillon Historical Park, the Ohio Historical Society, and
Wright-Patterson Air Force Base. The historical park
commemorates three Dayton men--Wilbur and Orville Wright,
inventors of manned powered flight, and Paul Laurence Dunbar,
childhood friend of the Wright brothers and one of America's
greatest African-American poets.
There are multiple interpretive sites within the historical
park to include the John W. Berry, Sr. Wright Brothers Aviation
Center, which houses what is believed to be the largest
collection of original artifacts associated with the Wright
Brothers. Orville Wright designed and oversaw the exhibit
installation at the site up until his death in 1948. The
collection includes the original 1905 Wright Flyer III, the
world's first practical plane built by the Wright brothers,
flown at Huffman Prairie Flying Field, and the only plane to
earn the title of National Historic Landmark. The center also
includes a replica of the Wright Brothers bicycle shop, an
original Wright brothers' Van Cleve bicycle, the wind tunnel,
and tools the brothers built and used to research and invent
successful manned flight. An object theater and various
showcases, including the actual camera that took the historic
photograph capturing the first successful flight over Kitty
Hawk, are also among the many displays at the center.
The contributions of the Wright Brothers go far beyond
Dayton, Ohio, as the life and times of these extraordinary
individuals helped transform the nation as well as the entire
world. The name change will more accurately reflect the
national significance of the artifacts, stories, and history of
the facility. The John W. Berry, Sr. Wright Brothers Aviation
Center is privately owned and managed by Dayton History, a non-
profit NPS-partner organization. Dayton History is renaming the
site as the ``John W. Barry, Sr. Wright Brothers National
Museum.'' S. 1007 simply updates the Dayton Aviation Heritage
National Historical Park enabling legislation to reflect the
new name of the museum.
Legislative History
S. 1007 was introduced in the Senate by Senators Portman
and Brown on April 20, 2015. The Subcommittee on National Parks
held a hearing on S. 1007 on June 15, 2016.
In the House of Representatives, Representative Turner
introduced similar legislation to S. 1007, H.R. 202, on January
7, 2015. The text of S. 1007 was incorporated into H.R. 4909,
the National Defense Authorization Act for Fiscal Year 2017,
which passed the House of Representatives on May 18, 2016.
The Committee on Energy and Natural Resources met in open
business session on July 13, 2016, and ordered S. 1007
favorably reported as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2016, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1007, if amended as described herein.
Committee Amendment
During its consideration of S. 1007, the Committee adopted
an amendment to the title of the bill.
Section-by-Section Analysis
Section 1. Amendment to the Dayton Aviation Heritage Preservation Act
of 1992
Section 1 amends section 101(b)(5) of the Dayton Aviation
Preservation Act of 1992 by striking ``Aviation Center'' and
inserting ``National Museum''.
Cost and Budgetary Considerations
The following cost estimate of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 29, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1007, a bill to
amend the Dayton Aviation Heritage Preservation Act of 1992,
and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jacob Fabian.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
S. 1007--A bill to amend the Dayton Aviation Heritage Preservation Act
of 1992, and for other purposes
S. 1007 would change the name of the John W. Berry Sr.
Wright Brothers Aviation Center in Dayton, Ohio, to the John W.
Berry Sr. Wright Brothers National Museum. Based on information
provided by the National Park Service, CBO estimates that
implementing the legislation would have no significant impact
on the federal budget. CBO expects that the costs associated
with replacing or revising signs and interpretive materials to
reflect the new name would be done in conjunction with
scheduled replacement and other routine maintenance. Enacting
S. 1007 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 1007 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 1007 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Jacob Fabian.
The estimate was approved by Theresa Gullo, Assistant Director
for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1007. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1007, as ordered reported.
Congressionally Directed Spending
S. 1007, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
June 15, 2016, National Parks Subcommittee hearing on S. 1007
follows:
Statement of Dr. Stephanie Toothman, Associate Director, Cultural
Resources, Partnerships and Science, National Park Service, U.S.
Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to present the views of the Department of the
Interior on S. 1007, a bill to amend the Dayton Aviation
Heritage Preservation Act of 1992 to rename a site of the
Dayton Heritage National Historical Park.
The Department does not object to S. 1007.
This bill would amend the enabling act for the Dayton
Aviation Heritage National Historical Park (Park), a unit of
the National Park System, to provide that the Park shall
include a site known as the ``John W. Berry, Sr. Wright
Brothers National Museum'' rather than the ``John W. Berry, Sr.
Wright Brothers Aviation Center.''
The John W. Berry, Sr. Wright Brothers Aviation Center is
managed by Dayton History, a not-for-profit partner of the NPS,
as part of the Dayton Aviation Heritage National Historical
Park. The center's exhibits focus on the Wright brothers' early
printing and bicycle businesses, their family history, and
their association with schoolmate, poet and author, Paul
Laurence Dunbar. The center also houses the 1905 Wright Flyer
III, the only airplane in the United States designated as a
National Historic Landmark.
The facility that is the subject of this legislation is a
private parcel within the boundary of the Park. It is a major
attraction within Carillon Historical Park, a larger attraction
owned and managed by Dayton History. Dayton History is planning
to change the name of the facility from the John W. Berry, Sr.
Aviation Center to the John W. Berry, Sr. National Museum. This
bill would ensure that there is consistency between the actual
name of the facility and the name used to identify it in the
Park's establishing legislation, which designates the site
within the Park.
If the committee moves forward with this legislation, the
Department would recommend amending the title of the bill to
more accurately reflect the bill's purpose. The bill does not
rename the site; rather the bill amends the act to reflect the
new name of the site that Dayton History will be giving it. We
recommend the bill be titled ``to amend the Dayton Aviation
Heritage Preservation Act of 1992 to reflect the renaming of a
site of the park.''
If this bill is enacted, the costs for the National Park
Service would be minimal. We would need to modify or replace
the park entrance sign and update interpretive materials, but
these would be made in the course of normal replacement and
updating of these items.
Mr. Chairman, this concludes my testimony. I would be happy
to answer any questions you or other members of the
subcommittee may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill as ordered
reported.
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the original 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
* * * * * * *
SEC. 101. ESTABLISHMENT OF THE DAYTON AVIATION HERITAGE NATIONAL
HISTORICAL 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'', numbered
362-80,010 and dated September 1, 2000:
(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] National Museum,
Dayton, Ohio.
(6) The Paul Laurence Dunbar State Memorial, Dayton,
Ohio.
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