Dayton Aviation Heritage Preservation Act of 1992
PL 102-419 (H.R.2321), enacted 10/16/1992

PUBLIC LAW 102-419—OCT. 16, 1992 
106 STAT. 2141 
Public Law 102-419 
102d Congress 
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". 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to establish a unit of the National Park System in 
Dayton, Ohio, consisting of certain lands and structures associ-
ated with Wilbur and Orville Wright and the early development 
of aviation; and 
(2) to create partnerships among Federal, State, and local 
governments and the private sector to preserve, enhance, and 
interpret for present and future generations the historic and 
cultural structures, districts, and artifacts in Dayton and the 
Miami Valley in the State of Ohio, which are associated with 
the Wright brothers, the invention and development of aviation, 
or the Ufe and works of Paul Laurence Dunbar, and which, 
as a whole, represent a nationally significant resource. 
TITLE I—DAYTON AVIATION HERITAGE 
NATIONAL fflSTOmCAL PARK 
Oct. 16,1992 
[H.R. 2321] 
Dayton Aviation 
Heritage 
Preservation Act 
of 1992. 
Conservation. 
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SEC. 101. ESTABLISHMENT OF THE DAYTON AVIATION HERITAGE 
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 (hereinafter in this Act referred 
to as the "park"). 
(b) AREA INCLUDED.—^The park shall consist of the following 
sites, as generally depicted on a map entitled Troposed 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. 
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106 STAT. 2142 
PUBLIC LAW 102-419—OCT. 16, 1992 
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Reports. 
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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 the Wright Cycle Com-
pany 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 organiza-
tions relating to the preservation, development, use, and interpreta-
tion of properties within the boundaries of the park in order to 
contribute to the appropriate use and management of such prop-
erties consistent with the purposes of this Act. Such agreements 
shall provide, whenever appropriate, that— 
(1) the public may have access to any such property at 
specified reasonable times for purposes of viewing such property 
or the exhibits or attending programs established by the Sec-
retary under this subsection; and 
(2) the Secretary may make such improvements to any 
such property as the Secretary deems necessaiy after consulta-
tion with the Commission to enhance the public use and enjoy-
ment of such property and programs. 
SEC. 103. PARK GENERAL MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 3 complete fiscal years after 
the date of enactment of this Act, the Secretary, with the advice 
of the Commission, shall prepare and submit to the Congress a 
{general management plan for the park which includes but is not 
imited to the information described in section 12(b) of the Act 
of August 18, 1970 (16 U.S.C. la-7(b)), and which takes into account 
the preservation and development plan developed under section 
202. 
(b) PARK PARTNERSHIPS.—The management plan shall identify 
P
artnership opportunities between the Secretary and other Federal, 
tate, and local governments and the private sector for the develop-
ment, use, and interpretation of properties within the park. 
SEC. 104. STUDIES. 
The Secretary shall study the following properties to determine 
the feasibility and suitability of including them within the park: 
(1) Properties within the Wright-Dunbar Historic District. 
(2) Wright Company Factory, Dayton, Ohio. A report of 
the study of such properties shall be submitted as part of 
the general management plan required by section 103. 
SEC. 106. GENERAL ADMINISTRATIVE FUNCTIONS. 
(a) IN GENERAL.—^The park shall be administered in accordance 
with this Act and with the provisions of law generally applicable 
to units of the National Park System, including, but not limited 
to, the Act entitled "An Act to establish a National Park Service, 
and for other purposes", approved August 25, 1916 (39 Stat. 535; 
16 U.S.C. 1-4). 
(b) DONATIONS.—^The Secretary may accept donations of funds, 
property, or services from individuals, foundations, corporations, 
and other private entities, and from public entities, for the purposes 
of managing the park. 
PUBLIC LAW 102-419—OCT. 16, 1992 
106 STAT. 2143 
(c) PROGRAMS.—^The Secretary may sponsor, coordinate, or enter 
into cooperative agreements for educational or cultural programs 
related to the park as the Secretary considers appropriate to carry 
out the purposes of this Act. 
(d) IDE^^^FICATION AND MARKING OF SIGNIFICANT HISTORICAL 
SITES.—^The Secretary may identify other significant sites related 
to the Wright brothers, the history of aviation, or Paul Laurence 
Dunbar in the Miami Valley which are related to the park, and, 
with the consent of the owner or owners thereof, may mark the 
sites appropriately and make reference to them in any interpretive 
literature. The Secretary may provide interpretive markers along 
transportation routes leading to units of the park. 
(e) INTERPRETATION OF HUFFMAN PRAIRIE FLYING FIELD.—^The 
Secretary may provide interpretation of HufTman Prairie Flying 
Field on Wright Brothers Hill, Wright-Patterson Air Force Base, 
Ohio. 
SEC. 
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COOPERATION 
OF 
FEDERAL 
AGENCIES. 
Any Federal entity conducting or supporting activities directly 
affecting the park shall— 
(1) consult with, cooperate with, and to the maximimi 
extent practicable, coordinate its activities with the Secretary; 
and 
(2) conduct or support such activities in a manner which— 
(A) to the maximum extent practicable is consistent 
with the standards and criteria established pursuant to 
section 202(b)(9); and 
(B) to the maximum extent practicable will not have 
an adverse effect on the historic resources of the park. 
SEC. 107. COORDINATION BETWEEN THE SECRETARY AND THE SEC-
RETARY 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. 
SEC. 108. ASSISTANCE. 
(a) TECHNICAL AND PRESERVATION ASSISTANCE.—The Secretary 
may provide to any owner of property within the park, and to 
any organization having an agreement with the Secretary under 
section 102(b), such technical assistance as the Secretary considers 
appropriate to carry out the purposes of this Act. 
(b) INTERPRETATIVE MATERIALS.—The Secretary is authorized 
to publish interpretative materials for historic aviation resources 
in the Miami Valley. 
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. 
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106 STAT. 2144 
PUBLIC LAW 102-419—OCT. 16, 1992 
TITLE n—DAYTON AVIATION HERITAGE 
COMMISSION 
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SEC. 201. DAYTON AVIATION HERITAGE COMMISSION. 
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(a) ESTABLISHMENT.—^There is established the Dayton Aviation 
Heritage Commission to assist Federal, State, and local authorities 
and the private sector in preserving and managing the historic 
resources in the Miami Valley, Ohio, associated with the Wright 
brothers, aviation, or Paul Laurence Dunbar. 
(b) MEMBERSHIP.—^The Commission shall consist of 13 members 
as follows: 
(1) 3 members appointed by the Secretary, who shall have 
demonstrated expertise in aviation history. Slack history and 
literature, aviation technology, or historic preservation, at least 
one of whom shall represent the National Park Service. 
(2) 3 members appointed by the Secretary from rec-
ommendations submitted by the Governor of the State of Ohio, 
who shall have demonstrated expertise in aviation history, 
black history and literature, aviation technology, or historic 
preservation, at least one of whom shall represent the Ohio 
Historical Society. 
(3) 1 member appointed by the Secretary of Defense, who 
shall represent Wrignt-Patterson Air Force Base. 
(4) 3 members appointed by the Secretary from rec-
ommendations submitted by the City Commission of Dayton, 
Ohio, at least one of whom shall reside near the core parcel 
of the park (as described in section lOl(bXl)). 
(5) 1 member appointed by the Secretary from recommenda-
tions submitted by the Board of Commissioners of Montgomery 
County, Ohio. 
(6) 1 member appointed by the Secretary from recommenda-
tions submitted by the Board of Commissioners of Greene 
County, Ohio. 
(7) 1 member appointed by the Secretary from recommenda-
tions submitted by the City Council of Fairbom, Ohio. 
(c) TERMS.—(1) Members shall be appointed for terms of 3 
years. A member mav be reappointed only 3 times unless such 
member was originally appointed to fill a vacancy pursuant to 
subsection (eXD, in which case such member may be reappointed 
4 times. A member may serve after the expiration of his term 
until a successor is appointed. 
(2) The Secretary shall appoint the first members of the 
Commission within 30 days after the date on which the Secretary 
has received all of the recommendations for appointment pursuant 
to subsections (b) (2), (4), (5), (6), and (7). 
(d) CHAIR AND VICE CHAIR.—The chair and vice chair of the 
Commission shall be elected by the members of the Commission. 
The terms of the chair and vice chair shall be 2 years. The vice 
chair shall serve as chair in the absence of the chair. 
(e) VACANCY.—(1) Any vacancy in the Commission shall be 
filled in the same manner in which the original appointment was 
made, except that the Secretary responsible for such appointment 
shall fill any such vacancy within 30 days after receiving a rec-
ommendation for the position. 
(2) A member appointed to fill a vacancy shall serve for the 
remainder of the term for which his predecessor was appointed. 
PUBLIC LAW 102-419—OCT. 16, 1992 
106 STAT. 2145 
A member may serve after the expiration of his term until his 
successor has taken office. 
(f) QUORUM.—A msqority of the members of the Commission 
then serving shall constitute a quorum, but a lesser number may 
hold hearings. 
(g) MEETINGS.—^The Commission shall meet not less than 3 
times a yecur at the call of the chair or a mtgority of its members. 
(h) PAY.—(1) Except as provided in paragraph (2), members 
of the Commission shall serve without pay. 
(2) Members of the Commission who are full-time officers or 
employees of the United States shall receive no additional pay 
by reason of their service on the Commission. 
(3) While away from their homes or regular places of business 
in the performance of services for the Commission, members of 
the Commission shall be allowed travel expenses, including per 
diem in lieu of subsistence, in the same manner as persons employed 
intermittently in the Grovemment service are allowed expenses 
under section 5703 of title 5, United States Code. 
(i) FACA—Section 14(b) of the Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Commission. 
(j) T
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e Commission shall cease to exist on Janu-
ary 1, 2004. 
SEC. 202. DAYTON HISTORIC RESOURCES PRESERVATION AND DEVEL- 
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OPMENT PLAN. 
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(a) IN GENERAL.—^Within 2 years after the date on which the 
Commission conducts its first meeting, the Commission shall submit 
to the Secretary a preservation and development plan which may 
include the Wright-Dunbar Historic District, the Dunbar Historic 
District, the Ed Sines House and the Daniel Fitch House, and 
the 45 sites identified in Appendix A of the document entitled 
"Study of Alternatives Dayton's Aviation Heritage, Ohio" published 
by the National Park Service. Within 90 days after the receipt 
of such plan, the Secretary shall approve such plan or return 
it with comments to the Commission. If the Secretary has taken 
no action after 90 days upon receipt, the plan shall be considered 
approved. If the Secretary disapproves a plan, the Commission 
shall submit a revised plan to the Secretary. The plan shall include 
specific preservation and interpretation goals and a priority time-
table for their achievement. The Secretary shall forward copies 
of the approved plan to the Congress. 
(b) CONTENTS OF PLAN.—The plan referred to in subsection 
(a) shall— 
(1) set detailed goals for the preservation, protection, 
enhancement, and utilization of the resources of sites referred 
to in subsection (a); 
(2) identify properties which should be preserved, restored, 
developed, maintained, or acquired; 
(3) include a tentative budget for the subsequent five fiscal 
years; 
(4) propose a management strategy for a permanent 
organizational structure to enhance and coordinate such 
resources, and aviation-related properties, and institutions; 
(5) recommend methods for establishing partnerships with 
Federal, State, and local governments and the private sector 
to foster development and to preserve and enhance such 
resources; 
106 STAT. 2146 
PUBLIC LAW 102-419—OCT. 16, 1992 
(6) propose transportation links, including pedestrian facili-
ties and bicycle trails among historic aviation sites including 
an interurban between the Wright-Dunbar Historic District 
and the historic resources at Wright-Patterson Air Force Base; 
(7) address the use of private vehicles, traffic patterns, 
parking, and public transportation; 
(8) propose educational and cidtiiral programs to encourage 
appreciation of such resources; 
(9) establish standards and criteria applicable to the 
construction, preservation, restoration, alteration, and use of 
the properties among such resources; 
(10) establish an index which shall contain documentaiy 
evidence of historical and cultural significance and which 
includes property in the Miami Valley associated with the 
Wright brothers, the history of aviation, or Paul Laurence 
Dunbar. 
(c) CONSULTATION.—In developing the plan, the Commission 
shall consult with appropriate officials of any local government 
or Federal or State agency which has jurisdiction over historic 
aviation resources in the Miami Valley area. The Commission shall 
also consult with property owners and business, historic, profes-
sional, neighborhood, and citizen organizations affected by the 
actions proposed in the plan. 
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SEC. 203. GENERAL POWERS OF THE COMMISSION. 
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(a) HEARINGS.—^The Commission may hold such hearings, sit 
and act at such times and places, take such testimony, and receive 
such evidence as the Commission may deem advisable. 
(b) DONATIONS.—^Notwithstanding any other provision of law, 
the Commission may seek and accept donations of funds, property, 
or service from individuals, foundations, corporations, and other 
private entities and public entities for the purpose of carrying 
out its duties. 
(c) USE OF FUNDS To OBTAIN MONEY.—The Commission may 
use its funds to obtain money from any source under any program 
or law requiring the recipient of such money to make a contribution 
in order to receive such money. 
(d) MAIL.—^The Commission may use the United States mails 
in the same manner and upon the same conditions as other depart-
ments and agencies of the United States. 
(e) USES OF ACQUIRED ASSETS.—Any revenues or other assets 
acquired by the Commission by donations, the lease or sale of 
property, or fees for services shall be available to the Commission, 
witnout fiscal year limitations, to be used for any function of the 
Commission. 
(f) HISTORICAL AND CULTURAL PROGRAMS.—^The Commission 
is authorized to carry out historical, educational, or cultural pro-
grams which encourage or enhance appreciation of the historic 
resources in the Miami Valley associated with the Wright brothers, 
aviation, or the life and works of Paul Laurence Dunbar. 
(g) TECHNICAL AND PRESERVATION ASSISTANCE.—The Commis-
sion may provide technical and preservation assistance to owners 
of property within the districts, sites, and properties referred to 
in section 202(a) consistent with the purposes of this Act. 
(h) OBTAINING PROPERTY.—(1) The Commission may obtain by 
purchase, rental, donation, or otherwise, such property, facilities, 
and services as may be needed to carry out its duties except that 
PUBLIC LAW 102-419—OCT. 16, 1992 
106 STAT. 2147 
the Commission may not acquire any real property or interest 
in real property otherwise than under paragraph (2). 
(2) Subject to para^aph (3), the Commission may acquire real 
property, or interests in real property, in the districts, sites, and 
properties referred to in section 202(a>— 
(A) by gift or devise; or 
(B) by purchase from a willing seller with money which 
was given or bequeathed to the Commission on the condition 
that such money would be used to purchase real property, 
or interests in real property, in such district and sites. 
(3) Any real property or interest in real property acquired 
bv the Commission under paragraph (2) shall be conveyed by the 
Commission to an appropriate public agency, as determined by 
the Commission. Any such conveyance shall be made— 
(A) as soon as practicable after such acquisition; 
(B) without consideration; and 
(C) on the condition that the real property or interest 
in real property so conveyed is used for public purposes. 
SEC. 204. STAFF OF COMMISSION. 
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(a) DIRECTOR.—^The Commission shall have a Director who 
shall be appointed bytiie Commission. 
(b) ADDITIONAL PERSONNEL.—^The Commission may appoint and 
fix the pay of such additional personnel as the Commission deems 
necessary. Such staff may include specialists in areas such as 
interpretation, historic preservation, black history and literature, 
aviation history and technology, and urban revitalization. 
(c) TEMPORARY SERViCES.^^ubiect to such rules as may be 
adopted by the Commission, the Commission may procure tem-
Eorary and intermittent services to the same extent as is authorized 
y section 3109(b) of title 5, United States Code, but at rates 
determined by the Commission to be reasonable. 
(d) DETAIL.—^Upon request of the Commission, the head of 
any Federal agency represented by a member on the Commission 
may detail, on a reimbursable basis, any of the personnel of such 
agency to the Commission to assist it in carrying out its duties 
under this Act. 
(e) ADMINISTRATIVE SUPPORT.—The Administrator of the Gen-
eral Services Administration shall provide to the Commission on 
a reimbursable basis such administrative support services as the 
Commission may request. 
(f) STATE AND LOCAL SERVICES.—^The Commission may accept 
the services of personnel detailed 
frt>m 
the State or any political 
subdivision of the State and may reimburse the State or such 
political subdivision for such services. 
(g) INAPPUCABIUTY OF CERTAIN PROVISIONS OF TiTLE 5, UNITED 
STATES CODE.—^The director and staff of the Commission may be 
appointed without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service, and may 
be paid without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates, except that no individual so 
appointed may receive pay in excess of the annual rate of basic 
pay payable for grade GS-15 of the General Schedule. 
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12:QL3(Pt. 3) 
106 STAT. 2148 
PUBLIC LAW 102-419—OCT. 16, 1992 
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SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 
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There are authorized to be appropriated annually to the 
Commission to carry out its duties under this Act $350,000, except 
that the Federal contribution to the Commission shall not exceed 
50 percent of Uie annual costs to the Commission in carrying 
out those duties. 
Approved October 16, 1992. 
LEGISLATIVE HISTORY—H.R. 2321: 
HOUSE REPORTS: No. 102-449 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Mar. 3, 4, considered and passed House. 
Sept. 9, considered and passed Senate, amended. 
Sept. 10, Senate vitiated pass^e. 
Oct. 1, considered and passed Sienate, amended. 
Oct. 4, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 16, Presidential statement.