IN THE SENATE OF THE UNITED STATES
April 26, 2012
Mr. Burr (for himself and Mrs. Hagan) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
To authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area, and for other purposes.
This Act may be cited as the
Preserving Public Access to Cape
Hatteras Beaches Act.
Reinstatement of Interim Management Strategy
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.
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.
Additional restrictions on access to Cape Hatteras National Seashore Recreational Area for species protection
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.
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.
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.
Inapplicability of final rule and consent degree
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
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.