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S. 2372 (112th): Preserving Public Access to Cape Hatteras Beaches Act

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The text of the bill below is as of Apr 26, 2012 (Introduced). The bill was not enacted into law.

II

112th CONGRESS

2d Session

S. 2372

IN THE SENATE OF THE UNITED STATES

April 26, 2012

(for himself and Mrs. Hagan) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area, and for other purposes.

1.

Short title

This Act may be cited as the Preserving Public Access to Cape Hatteras Beaches Act.

2.

Reinstatement of Interim Management Strategy

(a)

Management

After the date of the enactment of this Act, Cape Hatteras National Seashore Recreational Area shall be managed in accordance with the Interim Protected Species Management Strategy/Environmental Assessment issued by the National Park Service on June 13, 2007, for the Cape Hatteras National Seashore Recreational Area, North Carolina, unless the Secretary of the Interior (hereafter in this Act referred to as the Secretary) issues a new final rule that meets the requirements set forth in section 3.

(b)

Restrictions

The Secretary shall not impose any additional restrictions on pedestrian or motorized vehicular access to any portion of Cape Hatteras National Seashore Recreational Area for species protection beyond those in the Interim Management Strategy, other than as specifically authorized pursuant to section 3 of this Act.

3.

Additional restrictions on access to Cape Hatteras National Seashore Recreational Area for species protection

(a)

In general

If, based on peer-reviewed science and after public comment, the Secretary determines that additional restrictions on access to a portion of the Cape Hatteras National Seashore Recreational Area are necessary to protect species listed as endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary may only restrict, by limitation, closure, buffer, or otherwise, pedestrian and motorized vehicular access for recreational activities for the shortest possible time and on the smallest possible portions of the Cape Hatteras National Seashore Recreational Area.

(b)

Limitation on restrictions

Restrictions imposed under this section for protection of species listed as endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not be greater than the restrictions in effect for that species at any other National Seashore.

(c)

Corridors around closures

To the maximum extent possible, the Secretary shall designate pedestrian and vehicular corridors of minimal distance on the beach or interdunal area around closures implemented under this section to allow access to areas not closed.

4.

Inapplicability of final rule and consent degree

(a)

Final rule

The final rule titled Special Regulations, Areas of the National Park System, Cape Hatteras National Seashore—Off-Road Vehicle Management (77 Fed. Reg. 3123–3144) shall have no force or effect after the date of the enactment of this Act.

(b)

Consent decree

The April 30, 2008, consent decree filed in the United States District Court for the Eastern District of North Carolina regarding off-road vehicle use at Cape Hatteras National Seashore in North Carolina shall not apply after the date of the enactment of this Act.