[DOCID: f:hr739.110]
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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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