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[Senate Report 114-346]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 621
114th Congress      }                                  {        Report
                                 SENATE
 2d Session         }                                  {       114-346

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           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

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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.

           *       *       *       *       *       *       *

                                  [all]
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