Legislation

Official Short: Preserving Public Access to Cape Hatteras Beaches Act

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

Sponsors: Mr. Burr, Ms. Hagan and Mr. Manchin.

STATUS

  • March 7, 2013.--Introduced.
  • April 23, 2013.--Subcommittee on National Parks hearing held. 
  • April 23, 2013.--Mr. Manchin added as cosponsor.
  • June 18, 2013.--Full committee markup; Ordered to be reported with an amendment in the nature of a substitute favorably.
  • September 10, 2013.--Reported to the Senate with an amendment in the nature of a substitute. S. Rept. 113-102.
  • September 10, 2013.--Placed on Senate Legislative Calendar [Calendar No. 180].

 

S.486

Preserving Public Access to Cape Hatteras Beaches Act
(Introduced in Senate - IS)

S 486 IS

113th CONGRESS
1st Session


S. 486

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


IN THE SENATE OF THE UNITED STATES
March 7, 2013

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



A BILL

To authorize pedestrian and motorized vehicular access in Cape
Hatteras National Seashore Recreational Area, 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 `Preserving Public Access to Cape Hatteras


    Beaches Act'.

SEC. 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.

SEC. 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.

SEC. 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.