The credit for "First in flight" has been assigned for various reasons by the gov't. The United States of America itself is on the Contract with the Wright heirs which requires Orville and the Flyer to be recognized as first in flight, in order for the Smithsonian to obtain the coveted Wright Flyer and keep it. It is not just the Smithsonian who must adhere to that Contract. So don't be so sure that any pronouncement by any federal agency or entity is based on accuracy or an evaluation of the criteria - they have a heavy conflict of interest that prevents unbiased determinations, at this time. It is still both financial and heavily political.
By Orville Wright's own account, and the documentation of both brothers, the four flights were not "in control" on Dec. 17, 1903, as they dashed into the sand. From page 16 of "
How We Made the First Flight" by Orville Wright describes the flight he is now credited with as being first, sustained, and with control:
"The course of the flight up and down wasexceedingly erratic, partly due to the irregularity of
the air, and partly to lack of experience in handling
this machine. The control of the front rudder was
difficult on account of its being balanced too near the
center. This gave it a tendency to turn itself when
started; so that it turned too far on one side and then
too far on the other. As a result the machine would
rise suddenly to about ten feet, and then as suddenly
dart for the ground. A sudden dart when a little over
a hundred feet from the end of the track, or a little
over 120 feet from the point at which it rose into the
air, ended the flight."
The flights were not necessarily from level ground, either, this is easy to ascertain from the photo and the accounts of the witnesses.
The Wrights trotted around and studied all available resources and inventions before they had their engine built for them. They visited Gustave Whitehead in his shop at Bridgeport, CT, according to multiple witnesses. Chanute recommended that they take a look at his lightweight engines. Whitehead's flights and accomplishments, including statements about his two opposing propellers and his self-built lightweight, powerful engines had been covered in the national media, the Scientific American, and trade journals. So it is not surprising that some of the elements Whitehead had used successfully in flight at least for the past four years had turned up on the Wright Flyer of 1903. Wilbur admitted that they were using ideas from others in a letter to Chanute. The issue of who was first was a non-issue at the time. It was "who could make a practical airplane". Only much later was there incentive to be called "first". This occurred during the patent trials and later, during skirmishes with Smithsonian due to Orville's intense craving for fame and long-lasting recognition.
His friends and relatives finished up the job by making sure a legal contract bound Smithsonian to recognizing Orville. Wilbur had been dead since 1912, and the 1948 Contract completely ignored the fact that his flight had been considered the only successful one of the day, up through 1913, and by Orville's own admission (back then). Facts, particularly historical facts, can be "fluid", as we gain more information about what really happened over time. We should not simply "follow the leaders", as in this case, they are shoving the real history over a cliff, for profit (the Wright Flyer, National Monument at Kitty Hawk). Critical thinking calls for true evaluation of the evidence - through primary sources.
Jane's All the World Aircraft now recognizes Whitehead as first in flight,
with very good reasons. It should be noted that the evidence they based this on was researched by Maj. William J. O'Dwyer (USAF retired) and Stella Randolph, two tireless researchers. Their research was then summarized and presented to Jane's by an Australian who came upon it in Germany.
Gustave Whitehead First to Fly.