HR 2321 CDS
102d CONGRESS
2d Session
H. R. 2321
IN THE SENATE OF THE UNITED STATES
March 10 (legislative day, JANUARY 30), 1992
Received; read twice and referred to the Committee on Energy and Natural
Resources
September 9 (legislative day, SEPTEMBER 8), 1992
Committee discharged
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,

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This Act may be cited as the `Dayton Aviation Heritage Preservation Act
of 1992'.

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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 associated 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 life and works of Paul Laurence Dunbar, and which,
as a whole, represent a nationally significant resource.

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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 `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, 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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TITLE I

-DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK

(a) ACQUISITION OF PROPERTIES WITHIN THE PARK- Within the boundaries of
the park the Secretary shall acquire the Wright Cycle Company 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
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 Secretary under this subsection; and
(2) the Secretary may make such improvements to any such property as the
Secretary deems necessary after consultation with the Commission to enhance
the public use and enjoyment of such property and programs.

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(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 limited to the information described
in section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)), and
which takes into account the preservation and development plan developed
under section 202.
(b) PARK PARTNERSHIPS- The management plan shall identify partnership
opportunities between the Secretary and other Federal, State, and
local governments and the private sector for the development, use, and
interpretation of properties within the park.

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The Secretary shall study the following properties described in this
section 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.

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(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.
(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) IDENTIFICATION 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 Huffman Prairie Flying Field on Wright Brothers
Hill, Wright-Patterson Air Force Base, Ohio.

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Any Federal entity conducting or supporting activities directly affecting
the park shall--
(1) consult with, cooperate with, and to the maximum 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.

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Except in the case of properties subject to this Act which are under the
control of the Secretary of Defense and which are affected by a national
emergency declared by the President, at which time the decisions of
the Secretary of Defense shall prevail, for those properties under the
control of the Secretary of Defense, the Secretary of the Interior and the
Secretary of Defense shall coordinate preservation efforts to the maximum
extent practicable through a Memorandum of Agreement.

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(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) INTERPRETIVE MATERIALS- The Secretary is authorized to publish
interpretative materials for historic aviation resources in the Miami Valley.

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There is authorized to be appropriated such sums as may be necessary to
carry out this title.

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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, black 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 recommendations 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
Wright-Patterson Air Force Base.
(4) 3 members appointed by the Secretary from recommendations 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 101(b)(1)).
(5) 1 member appointed by the Secretary from recommendations submitted by
the Board of Commissioners of Montgomery County, Ohio.
(6) 1 member appointed by the Secretary from recommendations submitted by
the Board of Commissioners of Greene County, Ohio.
(7) 1 member appointed by the Secretary from recommendations submitted by
the City Council of Fairborn, Ohio.
(c) TERMS- (1) Members shall be appointed for terms of 3 years. A member
may be reappointed only 3 times unless such member was originally appointed
to fill a vacancy pursuant to subsection (e)(1), 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 recommendation 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. A member may serve
after the expiration of his term until his successor has taken office.
(f) QUORUM- A majority 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 year at
the call of the chair or a majority 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 Government 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) TERMINATION- The Commission shall cease to exist on January 1, 2004.

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TITLE II

-DAYTON AVIATION HERITAGE COMMISSION

(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 timetable 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 the district and 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;
(6) propose transportation links, including pedestrian facilities and bicycle
trails among historic aviation sites including an interurban between the
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 cultural 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 documentary 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, professional, neighborhood, and citizen organizations affected
by the actions proposed in the plan.

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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 departments 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, without 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 programs 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 Commission 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 the Commission may not acquire
any real property or interest in real property otherwise than under paragraph
(2).
(2) Subject to paragraph (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 device; 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 by 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.

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(a) DIRECTOR- The Commission shall have a Director who shall be appointed
by the 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- Subject to such rules as may be adopted by the
Commission, the Commission may procure temporary and intermittent services
to the same extent as is authorized by 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 General 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 from the State or any political subdivision of the State
and may reimburse the State or such political subdivision for such services.
(g) INAPPLICABILITY 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 subchapter 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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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 the annual
costs to the Commission in carrying out those duties.
Passed the House of Representatives March 4, 1992.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 2321 CDS----2

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Dayton Aviation Heritage Preservation Act of 1992

Other Sections

TITLE I

TITLE II

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