[Senate Report 106-443]
[From the U.S. Government Publishing Office]
Calendar No. 888
106th Congress Report
SENATE
2d Session 106-443
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DAYTON AVIATION HERITAGE PRESERVATION AMENDMENTS ACT OF 2000
_______
September 29, 2000.--Ordered to be printed
Filed under authority of the order of the Senate of September 28
(legislative day, September 22), 2000
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2959]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2959) to amend the Dayton Aviation
Heritage Preservation Act of 1992, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
On page 2, line 9, strike ``numbered ____ and dated ____:''
and insert in lieu thereof ``numbered 362-80,010 and dated
September 1, 2000:''.
Purpose of the Measure
The purpose of S. 2959 is to amend the enabling Act for
Dayton Aviation Heritage National Historical Park in the State
of Ohio to include additional property within the park's
boundary, and to remove the ceiling on funds that may be
appropriated for operation, development or restoration of non-
Federally owned properties within the boundaries of the park.
Background and Need
Dayton Aviation Heritage National Historical Park was
established in 1992 (Public Law 102-419; 16 U.S.C. 410ww) to
preserve, enhance, and interpret historic and cultural
structures and districts associated with the Wright brothers
and the invention and development of aviation, as well as the
life and works of the Wright brothers' friend Paul Laurence
Dunbar. The Act encouraged the creation of partnerships among
Federal, State, and local governments and the private sector
necessary to protect park resources.
The park is currently preparing for the Centennial of
Flight Celebration in 2003 and major construction and
rehabilitation projects are planned for each of the park's four
units. The ongoing planning and development efforts have
highlighted issues that were not anticipated when the park was
initially authorized, but which are critical for the
protection, preservation, and management of the park's
resources.
S. 2959 authorizes the inclusion within the park's
boundaries of two residential properties immediately adjacent
to the Wright Cycle Company building that are important to the
integrity of the cultural landscape. In addition, inclusion of
the properties within the park's boundary will enable
theNational Park Service to address the long-term protection and fire
suppression needs of all the structures, which are in physical contact.
The legislation also includes a provision to include within
the park's boundaries a property owned by Aviation Trail, Inc.
The NPS and Aviation Trail, Inc. have agreed to combine the
concurrent rehabilitation projects of the Wright Brothers'
Print Shop Building and the adjoining Aviation Trail Building
into a single NPS-managed project. The NPS has already revised
the park boundary, as provided for under section 7(c) of the
Land and Water Conservation Act of 1965, to include the
Aviation Trail Building within the park. The boundary revision
is necessary to permit the NPS to enter into a cooperative
agreement with Aviation Trail, Inc., which will facilitate
preservation of the Wright Brothers' Print Shop Building and
reduce the costs of the renovation projects. Inclusion of this
provision in S. 2959 will update the park's legislation to
match existing conditions.
S. 2959 also removes a provision in the park's original
authorizing legislation that established a $200,000 ceiling on
the use of appropriated funds for the operation, development,
and rehabilitation of non-Federal properties within the park's
boundary. The cap creates a number of impediments in the
development of the park and the partnerships that the National
Park Service must foster and support. The most immediate issue
with respect to the cap is that it is preventing the Park
Service from beginning contract work on the interpretive center
and creating a risk that it will not be ready in time for the
Centennial of Flight celebration.
Legislative History
S. 2959 was introduced by Senator DeWine on July 27, 2000.
The Subcommittee on National Parks, Historic Preservation and
Recreation held a hearing on S. 2959 on September 14, 2000. At
the business meeting on September 20, 2000, the Committee on
Energy and Natural Resources ordered S. 2959, as amended,
favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on September 20, 2000, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
2959, if amended as described herein.
Committee Amendment
During the consideration of S. 2959, the Committee adopted
an amendment to include the identification number and date of
the map referenced in the bill.
Section-by-Section Analysis
Section 1 designates the bill's short title and references
the Dayton Aviation Heritage Preservation Act of 1992 (Public
Law 102-419; 16 U.S.C. 410ww) as the Act that is amended by
this bill.
Section 2(a) amends section 101(b) of Public Law 102-419
(16 U.S.C. 410ww(b)) by including additional properties within
the park's boundary and clarifying the descriptions of
properties within the park's boundaries.
Subsection (b) is a technical amendment to section 107 of
Public Law 102-419 (16 U.S.C. 410ww-6), correcting the term
``Secretary of Interior'' to ``Secretary of the Interior.''
Subsection (c) amends section 109 of Public Law 102-419 (16
U.S.C. 410ww-8) by eliminating the $200,000 ceiling on funds
which may be appropriated for operation, development or
restoration of non-Federally owned properties within the
boundaries of the park.
Cost and Budgetary Considerations
The Congressional Budget Office cost estimate report had
not been received at the time the report was filed. When the
report becomes available, the Chairman will request that it be
printed in the Congressional Record for the advice of the
Senate.
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. 2959. 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. 2959, as ordered reported.
Executive Communications
On September 15, 2000, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 2959. These
reports had not been received at the time the report on S. 2959
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the
National Park Service at the Subcommittee hearing follows:
Statement of Donald J. Hellmann, Deputy Assistant Director, Legislative
and Congressional Affairs, National Park Service, Department of the
Interior
Mr. Chairman, thank you for the opportunity to appear
before the subcommittee to present the views of the Department
of the Interior on S. 2959, a bill to clarify the areas
included in the Dayton Aviation Heritage National Historical
Park, Ohio, and to authorize appropriations for that park.
S. 2959 would expand the authorized boundaries of the
Dayton Aviation Heritage National Historical Park through the
inclusion of three properties adjacent to the park's core unit
and the inclusion of the expanded Wright Hall complex at
Carillon Historical Park; and, it would remove the ceiling on
the use of the appropriated funds for the operation,
development, or restoration of non-federally owned properties
within the boundaries of the park.
The Department of the Interior supports enactment of this
legislation. This position is consistent with the legislated
purpose of the park, the November 1997 general management plan,
and the June 2000 land protection plan; and is supported by all
affected park partners and property owners. The total acreage
of all four tracts is 0.7 acres. Of these tracts, the two owned
by the City of Dayton would be donated to the National Park
Service, the tract owned by Aviation Trail, Inc. would continue
to be owned by Aviation Trail, Inc. with acquisition by the
National Park Service a future possibility on a willing buyer-
willing seller arrangement, and the tract owned by Carillon
Historical Park would continue to be owned by that
organization.
The removal of the ceiling on the use of appropriated funds
on non-federally owned properties within the boundaries of the
park would eliminate a significant impediment in the
development of the park and the partnerships that the park has
been mandated to foster and support. In most cases, we do not
support the use of limited NPS maintenance or construction
funding for non-Federal facilities, because those funds are
needed to address the most important needs identified in the
five-year priority lists. We do not object to this
authorization, however, because the proposed improvements to
non-Federal facilities within the park unit's boundaries would
provide a distinct benefit to the park. Funding for land
acquisition and construction is subject to the availability of
appropriations and the needs identified in the NPS priority
lists.
Dayton Aviation Heritage National Historical Park was
authorized in 1992 as a multi-unit partnership park to
commemorate the legacy of the Wright brothers and poet and
author Paul Laurence Dunbar and their association with the
Dayton region. The Wright brothers, through their invention of
powered flight, achieved one of the single most important
advances of the 20th Century. Paul Laurence Dunbar, a childhood
friend of the Wright brothers, rose from a poor childhood in
Dayton to international acclaim as a writer and as an effective
voice for equality and justice and contributing to a growing
social consciousness and cultural identity for African-
Americans in the United States.
Operation of the part is a partnership that involved four
legislatively mandated partners (National Park Service, Wright-
Patterson Air Force Base, the Ohio Historical Society, and
Carillon Historical Park, a private non-profit organization), a
Federal commission, other government agencies, and 40 partner
organizations.
Dayton Aviation Heritage National Historical Park is
currently undergoing rapid change as it is developed in
preparation for the Centennial of Flight Celebration in 2003.
Detailed planning and design is being completed and
preparations are underway for the initiation of major
construction/rehabilitation projects at each of the four units
with a goal to have the park ready and fully accessible to the
public by December 17, 2002, the start of the Centennial
Celebration. This ongoing planning and development has
highlighted issues that were not anticipated when the park was
initially authorized, but which today, are critical for the
protection, preservation, and management of these significant
national resources.
The West Street [National Register] Historic District
incorporates The Wright Cycle Company building (22 South
Williams Street) and two adjacent historic residential
properties (26 and 30 South Williams Street). This historic
district is significant because it is where the Wright brother
had their printing, bicycle, and airplane businesses. The two
adjacent turn-of-the-century residential structures are a
critically important component of cultural landscape providing
historic integrity for The Wright Cycle Company building, the
only structure representing the Wright brothers bicycle
business that remains at its original location and original
form. Also significant is the fact that the roof of the small,
wood-frame house located at 26 South Williams Street touches
the roof of the Wright Cycle Company structure and represents a
potential threat by fire to the long-term protection and
preservation of the Wright cycle company building. Inclusion of
these properties would allow the NPS to consider fire
suppression of all the buildings and will ensure the long-term
protection and preservation of the Wright Cycle Company
building.
The NPS and Aviation Trail, Inc. are proposing to partner
in the development of the Hoover Block and the Aviation Trail
building to create a single interpretive center facility that
would occupy the two structures. The combined development of
the two structures will preserve historic resources associated
with the Hoover Block by centralizing facility utility systems,
reducing overall project costs, facilitating improved visitor
flow through the structures providing for a higher quality
visitor experience, and providing additional space for exhibits
and displays. Through administrative action (Federal Register,
July 3, 2000) the NPS has incorporated the Aviation Trail, Inc.
property within the park boundaries. Inclusion of this
provision within the legislation will update the legislation to
match existing conditions and removal of the ceiling will allow
the partnership project to proceed.
When the park was authorized in 1992, Wright Hall was a
separate, stand-alone structure. As a part of the private
development of that unit of the park, Wright Hall has been
expanded with constructed additions and an attached structure,
that is now known collectively as the John W. Berry, Sr. Wright
Brothers Aviation Center. To facilitate consistent and clear
management of Wright Hall as a unit of the NPS, the entire
facility should incorporated within the boundaries of the park.
Since the date the bill was introduced, we have received
the final map referenced in section 2. The map is numbered 362-
80,010 and dated September 1, 2000. We suggest the bill be
amended to include the number and date.
This concludes my testimony. I would be happy to answer any
questions that you or 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, changes in existing law made by
the bill S. 2959, as ordered 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):
Public Law 102-419
AN ACT To establish the Dayton Aviation Heritage National Historical
Park in the State of Ohio, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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.
(a) * * *
[(b) Area Included.--The park shall consist of the
following sites, as generally depicted on a map entitled
``Proposed Dayton Aviation Heritage National Historical Park'',
numbered NHP-DAH 80,000 and dated February 1992:
[(1) A core parcel in Dayton, Ohio, which shall
consist of the Wright Cycle Company Building, Hoover
Block, and lands between.
[(2) Huffman Prairie Flying Field, Wright-Patterson
Air Force Base, Ohio.
[(3) The Wright 1905 Flyer and Wright Hall, Dayton,
Ohio.
[(4) The Paul Laurence Dunbar home, Dayton, Ohio.]
(b) Area Included.--The park shall consist of the following
sites, as generally depicted on the 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, 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, Dayton, Ohio.
(6) The Paul Laurence Dunbar State Memorial, Dayton,
Ohio.
* * * * * * *
SEC. 107. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF
DEFENSE.
The decisions concerning the execution of this Act as it
applies to properties under control of the Secretary of Defense
shall be made by such Secretary, in consultation with the
[Secretary of Interior.] Secretary of the Interior.
* * * * * * *
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this title[: Provided, That the amount
to be appropriated for the operation, development or
restoration of non-federally owned properties within the
boundaries of the park shall not exceed $200,000].
* * * * * * *