79–010

Calendar No. 888

106TH CONGRESS REPORT

2d Session " ! SENATE 106–443

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

REPORT

[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 ll and dated ll:’’ 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
2

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 the National 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
3

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:
4

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 broth-
5

ers, 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
6

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) * * *

ø(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:

ø(1) A core parcel in Dayton, Ohio, which shall consist of the

Wright Cycle Company Building, Hoover Block, and lands between.
7

ø(2) Huffman Prairie Flying Field, Wright-Patterson Air

Force Base, Ohio.

ø(3) The Wright 1905 Flyer and Wright Hall, Dayton, Ohio.

ø(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 øSecretary 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 titleø: 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¿.

* * * * * * *

Æ