S 1064 IS
102d CONGRESS
1st Session
S. 1064
To establish the Dayton Aviation Heritage National Historical Park in Dayton,
Ohio, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 14 (legislative day, APRIL 25), 1991
Mr. GLENN (for himself and Mr. METZENBAUM) introduced the following bill; which
was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To establish the Dayton Aviation Heritage National Historical Park in Dayton,
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 National Historical
  Park and Wright-Dunbar National Historic Preservation District Act'.
SEC. 2. FINDINGS AND PURPOSE.
  (a) FINDINGS- Congress finds that--
  (1) the invention of the airplane represents one of mankind's greatest
  technological achievements, and further aviation developments have
  dramatically changed the lives of people throughout the world;
  (2) in Dayton, Ohio, and surrounding areas, Orville and Wilbur Wright
  developed the technology for controlled powered flight, constructed the
  world's first airplane capable of controlled manned flight, constructed
  and flew the world's first practical airplane, and established the world's
  first permanent flying school;
  (3) following on the work of the Wright brothers, aviation pioneers around
  Dayton, Ohio, made many critical advances in the early development of
  aeronautics and promotion of flight, including--
  (A) manufacture of the world's first mass-produced airplane;
  (B) development of nighttime, high altitude, and blind flying;
  (C) origination of the world's first commercial airplane flight; and
  (D) invention of the modern freefall parachute, radio beacon navigation,
  guided missile, reversible pitch airplane propeller, crop-duster airplane,
  night aerial photography, and pressurized airplane cabin;
  (4) Paul Laurence Dunbar, one of the greatest American poets, was the
  first black writer in the United States to derive an income primarily from
  his writings and one of the first to attain national and international
  prominence;
  (5) the Wright brothers' printing shop printed Paul Laurence Dunbar's
  early writings; the Wrights provided Dunbar's newspaper, The Tattler; and
  Orville Wright and Dunbar were high school classmates and life-long friends;
  (6) certain sites, structures, districts, and artifacts in and around Dayton,
  Ohio, are of national historical significance in the birth and development
  of controlled, powered flight and in the life of Paul Laurence Dunbar;
  (7) the preservation and interpretation of those sites, structures,
  districts, and artifacts can make a significant contribution to the national
  heritage of the United States; and
  (8) partnerships between Federal, State, and local governments and the
  private sector offer the most effective opportunities for the enhancement
  and management of the historical and cultural resources in the Miami Valley
  associated with the Wright brothers, aviation, and Paul Laurence Dunbar.
  (b) PURPOSES- The purpose of this Act is to create `partnerships' among
  Federal, State, and local governments and the private sector to preserve,
  enhance, and interpret the historical and cultural structures, districts,
  and artifacts in Dayton and the Miami Valley in the State of Ohio, that are
  associated with the Wright brothers and the invention and early development
  of aviation or the life and works of Paul Laurence Dunbar, which, as a unit,
  represent a nationally significant historical resource.
SEC. 3. DEFINITIONS.
  For the purposes of this Act--
  (1) the term `park' means the Dayton Aviation Heritage National Historical
  Park established by section 101;
  (2) the term `preservation district' means the Wright-Dunbar National
  Historic Preservation District established by section 102;
  (3) the term `Commission' means the Dayton Historic Preservation Commission
  established by section 201; and
  (4) the term `Secretary' means the Secretary of the Interior.
TITLE I--DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK AND WRIGHT-DUNBAR
HISTORIC PRESERVATION DISTRICT
SEC. 101. ESTABLISHMENT OF 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.
  (b) AREA INCLUDED- (1) The park shall consist of the following sites:
  (A) A core parcel in Dayton, Ohio, containing the 2 blocks on West Third
  Street between and including Shannon Street and Broadway, the Wright Cycle
  Company, Hoover Block, Daniel Fitch house, Ed Sines house, Wright family
  house site, and Orville Wright's laboratory site, consisting of the lands
  within the boundaries generally depicted on the map entitled `Birthplace
  of Aviation National Historic Park' and dated    .
  (B) Huffman Prairie Flying Field and Wright Brothers Hill at Wright-Patterson
  Air Force Base, Ohio, the boundaries of which shall be agreed to between
  the Secretary of the Air Force and the Secretary of the Interior.
  (C) The Wright 1905 Flyer exhibit and associated structures, Dayton,
  Ohio, the boundaries of which shall be agreed to between the Secretary
  and Educational and National Arts, Inc.
  (D) Hawthorn Hill, Oakwood, Ohio.
  (E) The Paul Laurence Dunbar home and associated structures, Dayton, Ohio,
  the boundaries of which shall be agreed to between the Secretary and the
  State of Ohio.
  (2) The map described in paragraph (1)(A) shall be on file and available for
  public inspection in the office of the Director of the National Park Service.
  (c) ADDITIONS- In consultation with the Commission, the Secretary may
  make additions to the park, including noncontiguous sites, to advance the
  purposes for which the park is established.
SEC. 102. WRIGHT-DUNBAR NATIONAL HISTORIC PRESERVATION DISTRICT.
  (a) ESTABLISHMENT- There is established in Dayton, Ohio, the Wright-Dunbar
  National Historic Preservation District.
  (b) ADMINISTRATION- The preservation district shall be administered by
  the Commission.
  (c) AREA INCLUDED- The preservation district shall consist of the lands
  bounded as follows: Edwin C. Moses Boulevard and Wright/Dunbar Gateway Park
  to the east; the first alley north of West Second Street west to the railroad
  tracks, thence along the railroad tracks to Paul Laurence Dunbar Street;
  thence along the east side of Paul Laurence Dunbar Street to Wolf Creek;
  thence west along Wolf Creek; thence south along a line consistent with
  the western edge of Grace A. Greene School to Edison Street; thence east
  along Edison Street to Euclid Avenue; thence south along Euclid Avenue to
  the first alley south of Third Street; thence east along the first alley
  south of Third Street to the railroad tracks; thence southeasterly along
  the railroad tracks to West Fifth Street; thence east along West Fifth
  Street to Shannon Street; thence following the boundary of the Inner West
  Five Points Urban Renewal Area boundary to Edwin C. Moses Boulevard.
  (d) BOUNDARY ADJUSTMENTS- In consultation with the Secretary, the Commission
  may make minor changes in the boundaries of the preservation district,
  which shall take effect upon publication in the Federal Register.
SEC. 103. PROTECTION OF HISTORIC PROPERTIES.
  (a) ACQUISITION OF PROPERTIES WITHIN THE PARK- (1) Within the boundaries
  of the park the Secretary--
  (A) shall acquire the Wright Cycle Company and Hoover Block; and
  (B) may acquire any other site, structure, property, or interest therein,
  as necessary or appropriate to carry out this Act.
  (2) The Secretary may acquire property by donation, purchase with donated
  or appropriated funds, exchange, transfer, or an exercise of the right of
  first refusal established by subsection (b).
  (3) Lands and interests in land may be acquired by purchase at a price
  based on the fair market value thereof as determined by independent
  appraisal, consistent with the Uniform Relocation Assistance and Real
  Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.)
  (b) RIGHT OF FIRST REFUSAL- (1) The Secretary may exercise a right of first
  refusal in the acquisition of the property described in section 101(b)(1)(D).
  (2) If any owner of the property described in section 101(b)(1)(D) intends
  to transfer an interest in the property by direct and exclusive sale except
  by gift or donation, the owner shall notify the Secretary in writing of
  that intention.
  (3) The Secretary shall have 120 days after notification in which to
  exercise a right of first refusal to match any bona fide offer to obtain that
  interest under the same terms and conditions as are contained in the offer.
  (4) If the Secretary has not exercised the right of first refusal within
  120 days, the owner may transfer the interest, and the new owner shall be
  subject to this section.
  (c) PARTNERSHIPS AND COOPERATIVE AGREEMENTS- The Secretary may create
  `partnerships' by entering into cooperative agreements with other Federal
  agencies, State, and local public bodies and private interests relating to
  planning, development, use, management, programming, and interpretation of
  properties in the park in order to contribute to the use and management of
  those properties in a manner that is compatible with the purpose of the park.
  (d) RESTORATION OF PROPERTIES- Notwithstanding any other law, the Secretary
  may restore and rehabilitate property in the park pursuant to `partnerships'
  and cooperative agreements without regard to whether title to the property
  is in the United States.
SEC. 104. PARK GENERAL MANAGEMENT PLAN.
  (a) IN GENERAL- (1) Not later than 3 years after the date of enactment of
  this Act, the Secretary, with the advice of the Commission, shall prepare
  and submit to Congress a general management plan for the park that--
  (A) contains information described in section 12(b) Public Law 91-383
  (16 U.S.C. 1a-7(b)); and
  (B) takes into account the preservation and development plan developed
  under section 202.
  (2) The general management plan and development concept plans shall be
  prepared with adequate public involvement and in consultation with Aviation
  Trail, Inc., Educational and Musical Arts, Inc., the Ohio Historical
  Society, and the Commander of Wright-Patterson Air Force Base concerning
  matters that may affect their properties.
  (b) IDENTIFICATION OF ADDITIONAL SITES- The general management plan
  shall identify additional sites for inclusion in the park, taking into
  consideration--
  (1) the sites listed in Appendix A, entitled `Aviation-Related Sites in
  Dayton Evaluated by the National Park Service', of the document entitled
  `Study of Alternatives, Dayton's Aviation Heritage--Ohio', issued by the
  National Park Service, April 1991; and
  (2) the property specified on the index prepared by the Commission under
  section 105(g).
  (c) PARK PARTNERSHIPS- The general management plan shall identify and
  describe potential `partnerships' between the Secretary and other Federal,
  State, and local governments and the private sector for the management of
  properties within the park.
  (d) REVISIONS- (1) After consulting with the Commission and the city
  manager of Dayton, Ohio, the Secretary may make revisions in the general
  management plan by publication of the revisions in the Federal Register.
  (2) A revision made under paragraph (1) shall take effect after 90 days after
  the date on which written notice of the revision is submitted to Congress.
SEC. 105. HEADQUARTERS AND VISITORS' CENTER, INTERPRETIVE CENTER, AND MEMORIAL.
  (a) IN GENERAL- The headquarters of the park and a visitors' center shall
  be located in the core parcel described in section 101(b)(1)(A), and an
  interpretive center shall be constructed in the vicinity of Wright Brothers
  Hill or Huffman Prairie Flying Field.
  (b) MEMORIAL- The Secretary shall consider constructing a memorial at
  McCook Field in partnership with the city of Dayton, Ohio.
SEC. 106. GENERAL ADMINISTRATIVE FUNCTIONS.
  (a) IN GENERAL- The Secretary, in consultation with the Commission, shall
  administer the park in accordance with the law applicable to the National
  Park System.
  (b) EMERGENCY ASSISTANCE- The Secretary shall take any action that the
  Secretary deems to be necessary to provide owners of property of national
  historical or cultural significance in the park or preservation district,
  and owners of the Hoover Block, the Setzer building, and the Wright Cycle
  Company, with emergency assistance for the purpose of preserving and
  protecting their property in a manner that is consistent with the purpose
  of this Act.
  (b) DONATIONS- Notwithstanding any other law, the Secretary may accept
  donations of funds, property, or services from individuals, foundations,
  corporations, and other private entities and from public entities for the
  purpose of implementing the general management plan for the park.
  (c) PROGRAMS- The Secretary may sponsor or coordinate within the park
  and preservation district such educational or cultural programs as the
  Secretary considers to be appropriate to encourage the appreciation by
  the public of the resources of the park and preservation district.
  (d) LEASES- The Secretary may acquire such leases with respect to property
  in the park as may be necessary to carry out the purposes of this Act.
TITLE II--DAYTON HISTORIC PRESERVATION COMMISSION
SEC. 201. DAYTON HISTORIC PRESERVATION COMMISSION.
  (a) ESTABLISHMENT- (1) There is established the Dayton Historic Preservation
  Commission.
  (b) ADMINISTRATION OF PROPERTIES- The Commission shall, in addition to
  performing its other duties under this Act, administer (with the consent of
  their owners) properties, sites, and artifacts not owned by the United States
  or the State of Ohio that are inside or outside the park or preservation
  district and are associated with events or people involved with the Wright
  brothers, the history of aviation, or Paul Laurence Dunbar.
  (b) PURPOSES- The purposes of the Commission are--
  (1) to administer the preservation district to enhance and protect areas
  that have a direct effect on the operation of the park; and
  (2) to assist in the protection, promotion, and management of historical
  resources in the Miami Valley associated with the Wright brothers, aviation,
  or Paul Laurence Dunbar.
  (c) MEMBERSHIP- The Commission shall consist of 17 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 1 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 1 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) 4 members appointed by the Secretary from recommendations submitted
  by the city commission of Dayton, Ohio, at least 1 of whom shall reside
  in or near the preservation district.
  (5) 1 member appointed by the Secretary from recommendations submitted by
  the city council of Oakwood, Ohio.
  (6) 1 member appointed by the Secretary from recommendations submitted by
  the board of commissioners of Montgomery County, Ohio.
  (7) 1 member appointed by the Secretary from recommendations submitted by
  the board of commissioners of Greene County, Ohio.
  (8) 1 member appointed by the Secretary from recommendations submitted by
  the board of commissioners of the city of Fairborn, Ohio.
  (9) 1 member appointed by the Secretary of Housing and Urban Development.
  (10) 1 member appointed by the Secretary of Transportation.
  (d) TERMS- (1)(A) Except as provided in paragraph (2), members of the
  Commission shall be appointed for terms of 2 years.
  (B) A member may be reappointed only 3 times, unless the member was
  originally appointed to fill a vacancy pursuant to subsection (f)(1),
  in which case the member may be reappointed 4 times.
  (2) Of the members first appointed to the Commission, the following shall
  be appointed for terms of 3 years:
  (A) The members appointed pursuant to subsection (b) (1), (6), (9), and (10).
  (B) 1 of the members appointed pursuant to subsection (b)(4), as designated
  at the time of appointment by the Secretary upon the recommendation of
  the board of commissioners of the city of Dayton, Ohio.
  (C) 2 of the members appointed pursuant to subsection (b)(2), as designated
  at the time of appointment by the Secretary upon the recommendation of
  the Governor of the State of Ohio.
  (3) 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 subsection (c) (1), (2), (4),
  (5), (6), (7), and (8).
  (e) CHAIR AND VICE CHAIR- (1) The chair and vice chair of the Commission
  shall be elected by the members of the Commission and shall serve a term
  of 2 years.
  (2) The vice chair shall serve as chair in the absence of the chair.
  (f) VACANCY- (1) A vacancy in the Commission shall be filled in the manner
  in which the original appointment was made, and in the case of a member
  appointed under subsection (c) (2), (4), (5), (6), (7), or (8), within 30
  days after the Secretary receives a recommendation.
  (2) A member of the Commission appointed to fill a vacancy shall serve for
  the remainder of the term for which the member's predecessor was appointed.
  (3) A member of the Commission may serve after the expiration of the
  member's term until a successor has taken office.
  (g) QUORUM- A majority of the Commission serving at any time shall constitute
  a quorum, but a lesser number may hold hearings.
  (h) MEETINGS- The Commission shall meet not less than 4 times a year at
  the call of the chair or a majority of its members.
  (i) PAY- (1) Except as provided in paragraph (3), 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.
  (j) TERMINATION- The Commission shall cease to exist on January 1, 2004.
SEC. 202. DAYTON HISTORICAL RESOURCES PRESERVATION AND DEVELOPMENT PLAN.
  (a) IN GENERAL- (1) Not later than 18 months after the date on which the
  Commission conducts its first meeting, the Commission shall submit to the
  Secretary a preservation and development plan.
  (2)(A) Not later than 90 days after the receipt of the preservation and
  development plan, the Secretary shall approve the plan or return it with
  comments to the Commission.
  (B) If the Secretary does not return the preservation and development
  plan by the 90th day after receipt, the Secretary shall be deemed to have
  approved the plan.
  (3) Review of the preservation and development plan by the Secretary shall
  be based on compliance with this Act and the law generally applicable to
  the preservation district.
  (4) The preservation and development plan shall include specific preservation
  and interpretation goals and a priority timetable for their achievement.
  (5) After a preservation and development plan is approved, the Secretary
  shall submit the plan to Congress.
  (b) CONTENTS OF PLAN- The preservation and development plan shall--
  (1) set detailed goals for the preservation, protection, enhancement,
  and utilization of the historical resources in the Miami Valley related
  to the Wright brothers, the history of aviation, and Paul Laurence Dunbar;
  (2) identify properties that should be preserved, restored, managed,
  developed, maintained, or acquired within the park, preservation district,
  and Miami Valley;
  (3) describe the manner in which the Commission intends to implement the
  grant and loan programs under section 204;
  (4) include a tentative 5-year budget;
  (5) propose a management strategy for a permanent organizational structure
  to enhance and coordinate aviation-related historical resources, properties,
  and institutions in the Miami Valley;
  (6) recommend methods for establishing `partnerships' with State and
  local governments and the private sector to foster development and to
  preserve and enhance the historical and cultural resources in the park
  and preservation district;
  (7) provide for transportation links, including pedestrian facilities and
  bicycle trails among historic aviation sites in the park, preservation
  district, and the Miami Valley, including an interurban between the
  preservation district and the historical resources at Wright-Patterson
  Air Force Base;
  (8) address the use of private vehicles, traffic patterns, parking, and
  public transportation; and
  (9) provide for educational and cultural programs to encourage appreciation
  of the resources of the park and preservation district.
  (c) CONSULTATION- In developing the preservation in development plan,
  the Commission shall consult with--
  (1) appropriate officials of any local government or Federal or State
  agency that has jurisdiction over historic aviation resources in the Miami
  Valley; and
  (2) business, historical, professional, neighborhood, and citizen
  organizations.
  (d) STANDARDS AND CRITERIA- The Commission shall, with the advice of
  the Secretary and appropriate local governments, establish standards
  and criteria applicable to the construction, preservation, restoration,
  alteration, and use of historic properties in the park, preservation
  district, and Miami Valley.
  (e) EXCHANGE OF INFORMATION- The Commission shall exchange information with
  Federal agencies, the State of Ohio and political subdivisions thereof,
  educational institutions, volunteer associations, and private businesses
  to assist those entities in undertaking activities to preserve, protect,
  enhance, and utilize the historic, recreational, and cultural aviation
  resources of the Dayton area.
  (f) INDEX OF PROPERTY- Not later than 18 months after the date on which
  the Commission conducts its first meeting, the Commission shall establish
  an index that--
  (1)(A) lists properties in the park and preservation district of national
  historical or cultural significance; and
  (B) lists properties in the Miami Valley of national historical or cultural
  significance that are related to the Wright brothers, the history of
  aviation, or Paul Laurence Dunbar; and
  (2) contains documentary evidence of the historical or cultural significance
  of the properties that are listed.
  (g) FUNDS FOR COMMISSION BEFORE APPROVAL OF PLAN- Before a preservation
  and development plan is approved, the Secretary may make available to
  the Commission such funds as the Commission may request to carry out any
  activity authorized by this section.
SEC. 203. FUNDS.
  (a) AVAILABILITY OF FUNDS FOR COMMISSION- The Secretary shall make available
  to the Commission any funds appropriated under section 305 for the purpose
  of carrying out its responsibilities.
  (b) WITHHOLDING OF FUNDS- (1) The Commission may refuse to obligate or
  expend any money within any political subdivision appropriated for the
  purposes described in section 203 if the Commission determines that the
  government of that subdivision has failed to adopt, by statute or regulation,
  standards and criteria that are consistent with those established pursuant
  to section 202(f) within 1 year after the date those standards and criteria
  have been established.
  (2) The Commission may extend the 1-year period described in paragraph (1)
  for not more than 6 months if the Commission determines that the subdivision
  has made a good faith effort to adopt the required standards and criteria.
SEC. 204. LOANS, GRANTS, AND TECHNICAL ASSISTANCE.
  (a) LOANS- Out of amounts appropriated, donated, or otherwise made
  available to the Commission, the Commission may make a loan to any
  corporation chartered under the laws of the State of Ohio to enable the
  corporation to provide low interest loans for the preservation, restoration,
  or development of any property located in the park or preservation district
  or listed on the index prepared pursuant to section 202(f).
  (b) PARTNERSHIP GRANTS- (1) Out of amounts appropriated, donated, or
  otherwise made available to the Commission, the Commission may make a
  grant to an owner of property located in the park or the preservation
  district or listed on the index prepared pursuant to section 202(f) for
  the preservation, restoration, management, development, or maintenance of
  the property in a manner that is consistent with standards and criteria
  established pursuant to section 202(d).
  (2) To the fullest extent possible, a grant under paragraph (1) shall be
  leveraged with additional funds from State and local governments and the
  private sector.
  (c) HISTORICAL AND CULTURAL PROGRAMS- (1) The Commission may carry out,
  through its staff or by grants to any person or public or private entity,
  historical, educational, and cultural programs that encourage or enhance
  appreciation of the historical resources in the Miami Valley related to the
  Wright brothers, aviation, and the life and works of Paul Laurence Dunbar.
  (2) Programs carried out under paragraph (1) may include programs for--
  (A) recording, collecting, and presenting to the public, through exhibits
  and educational programs, oral histories of people associated with historic
  structures in the Miami Valley, including McCook Field and Wright Field;
  (B) educating school children and the general public in the Miami Valley
  and in the Nation at large; and
  (C) conducting archaeological digs at historic sites, including the Wright
  family house and McCook Field, to contribute to exhibits and programs for
  the public.
  (d) TECHNICAL ASSISTANCE- The Commission may provide technical assistance
  to an owner of property located within the park or preservation district
  or listed on the index prepared pursuant to section 202(f) or any other
  person or public or private entity taking action that is consistent with
  the purposes of this Act.
SEC. 205. ACQUISITION AND DISPOSITION OF PROPERTY.
  (a) ACQUISITION OF HISTORICAL PROPERTY- The Commission may acquire any
  property pursuant to section 105 that is deemed worthy of acquisition by
  donation or by purchase with donated or appropriated funds.
  (b) DISPOSITION OF ACQUIRED PROPERTY- The Commission may sell or lease
  any property that it acquires subject to such deed restrictions and other
  conditions as the Commission deems to be appropriate to carry out this Act.
  (c) ACQUISITION IN GENERAL- (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.
  (2) Lands and interests in land may be acquired by purchase at a price
  based on the fair market value thereof as determined by independent
  appraisal, consistent with the Uniform Relocation Assistance and Real
  Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.)
  (d) TRANSFER UPON TERMINATION OF COMMISSION- Upon the termination of the
  Commission, all assets, liabilities, duties, personal and real property,
  and unexpended funds shall be transferred to the Secretary.
SEC. 206. GENERAL POWERS OF THE COMMISSION.
  (a) HEARING- 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 to be advisable.
  (b) DONATIONS- Notwithstanding any other 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.
SEC. 207. STAFF OF COMMISSION.
  (a) DIRECTOR- The Commission shall have a Director who shall be appointed
  by the Commission.
  (b) ADDITIONAL PERSONNEL- (1) The Commission may appoint and fix the pay
  of such personnel in addition to the Director as the Commission deems to
  be necessary.
  (2) Commission 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 the Commission may adopt,
  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 the 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 SERVICES- The Commission may accept the services of personnel
  detailed from the State of Ohio 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 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.
TITLE III--GENERAL PROVISIONS
SEC. 301. EASEMENTS.
  The Secretary may acquire--
  (1) easements within the park and preservation district for the purpose
  of carrying out this Act; and
  (2) easements for an interurban or bicycle and pedestrian transportation
  links between sites within the park and preservation district.
SEC. 302. COOPERATION OF FEDERAL AGENCIES.
  (a) IN GENERAL- A Federal agency that conducts or supports an activity
  that may directly affect the park or preservation district shall--
  (1) consult with, cooperate with, and, to the maximum extent practicable,
  coordinate the activity with the Secretary and the Commission; and
  (2) conduct or support the activity in a manner that--
  (A) to the maximum extent practicable, is consistent with the standards
  and criteria established pursuant to section 105(e); and
  (B) will not have an adverse effect on the resources of the park or
  preservation district.
  (b) LIMITATION- A Federal agency shall not issue a license or permit to
  any person to conduct an activity within the park or preservation district
  unless the agency first determines that the proposed activity will be
  conducted in a manner that is consistent with the standards and criteria
  established pursuant to section 202(d) and will not have an adverse effect
  on the resources of the park or preservation district.
SEC. 303. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF DEFENSE.
  (a) IN GENERAL- (1) In case of a disagreement between the Secretary of the
  Interior and the Secretary of Defense concerning implementation of this Act
  as it applies to properties under the control of the Secretary of Defense,
  the Secretary of Defense shall prevail.
  (2) In any case in which the Secretary of Defense objects to an action
  of the Secretary of the Interior implementing this Act, the Secretary of
  Defense shall detail in writing the reasons for the objection.
  (b) WAIVER- In time of war, the Secretary of Defense may waive for the
  duration of the war any provision of this Act as it applies to properties
  under the jurisdiction of the Secretary of Defense.
SEC. 304. ASSISTANCE.
  (a) IN GENERAL- (1) The Secretary may enter into a `partnership' or agreement
  with an owner of property of national historical or cultural significance
  within the park or preservation district to provide for exhibits or programs.
  (2) An agreement under paragraph (1) shall provide, when it is appropriate,
  that--
  (A) the public may have access to the property at specified reasonable
  times for purposes of viewing the property or the exhibits or attending
  the programs established by the Secretary under this subsection; and
  (B) the Secretary may make such improvements to the property as the
  Secretary deems to be necessary after consultation with the Commission to
  enhance the public use and enjoyment of the property, exhibits, and programs.
  (b) TECHNICAL ASSISTANCE- The Secretary may provide to an owner of property
  within the park or preservation district, and to the organizations listed
  in subsection (d), such technical assistance as the Secretary considers
  to be appropriate to carry out this Act.
  (c) TRANSPORTATION- (1) The Secretary may enter into an agreement to provide
  for appropriate transportation facilities, including an interurban between
  the preservation district and the historical resources at Wright-Patterson
  Air Force Base, pedestrian facilities, and bicycle paths, to link sites
  within the park and preservation district.
  (2) The Secretary may provide interpretive services in connection with
  transportation facilities described in paragraph (1).
  (d) ORGANIZATIONS- (1) The Secretary may establish a `partnership' or enter
  into an agreement with an organization that conducts activities consistent
  with the purposes of this Act.
  (2) In a partnership established or agreement entered into pursuant to
  paragraph (1), the Secretary may permit the organization to assist in the
  interpretation, protection, and management of the park or otherwise assist
  in carrying out the purposes of this Act.
  (3) The Secretary may offer appropriate encouragement to an organization
  with which the Secretary has established a partnership or entered into an
  agreement to locate its offices and conduct activities within the park.
  (4) Among the organizations with which the Secretary may enter in an
  agreement with under paragraph (1) are--
  (A) Air Force Museum Foundation, Dayton, Ohio;
  (B) Aviation Hall of Fame, Dayton, Ohio;
  (C) Aviation Trail, Inc., Dayton, Ohio;
  (D) Carillon Historical Park, Dayton, Ohio;
  (E) Paul Laurence Dunbar Association, Dayton, Ohio;
  (F) Paul Laurence Dunbar Home State Memorial, Dayton, Ohio, a unit of the
  Ohio Historical Society;
  (G) Dave Gold Parachute Museum, Dayton, Ohio;
  (H) Greene County Historical Society, Xenia, Ohio;
  (I) Huffman Prairie League, Inc., Fairborn, Ohio;
  (J) Innerwest Priority Board, Dayton, Ohio;
  (K) Innotech, Dayton, Ohio;
  (L) International Women's Air and Space Museum, Inc., Centerville, Ohio;
  (M) Kettering-Moraine Museum and Historical Society, Kettering, Ohio;
  (N) Miami Conservancy District, Dayton, Ohio;
  (O) Montgomery County Historical Society, Dayton, Ohio;
  (P) National Afro-American Museum and Cultural Center, Wilberforce, Ohio,
  a unit of the Ohio Historical Society;
  (Q) Ohio Historical Society, Columbus, Ohio, with respect to the Paul
  Laurence Dunbar home;
  (R) Mack Ross Chapter, Tuskegee Airmen Association, Dayton, Ohio;
  (S) 2003 Fund Committee; Dayton, Ohio;
  (T) United States Air and Trade Show, Dayton, Ohio;
  (U) United States Air Force Museum, Wright-Patterson Air Force Base, Ohio;
  (V) Wright `B' Flyer, Dayton, Ohio; and
  (W) Wright State University, Fairborn, Ohio.
  (e) INTERPRETIVE MATERIALS- The Secretary may publish interpretative
  materials for historical aviation resources in the Miami Valley.
  (f) RECOGNITION- The Secretary shall recognize Aviation Trail, Inc.,
  for its leadership role in the preservation of the historical aviation
  resources in Dayton, Ohio.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated such sums as are necessary to
  carry out this Act, to remain available until expended.