I 

112TH CONGRESS 

2D SESSION H. R. 4094 

To authorize pedestrian and motorized vehicular access in Cape Hatteras 

National Seashore Recreational Area, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2012 

Mr. JONES introduced the following bill; which was referred to the Committee 

on Natural Resources, and in addition to the Committee on the Judiciary, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To authorize pedestrian and motorized vehicular access in 

Cape Hatteras National Seashore Recreational Area, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preserving Access to 

5 Cape Hatteras National Seashore Recreational Area Act’’. 


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1 SEC. 2. REINSTATEMENT OF INTERIM MANAGEMENT 

2 STRATEGY. 

3 (a) MANAGEMENT.—After the date of the enactment 

4 of this Act, Cape Hatteras National Seashore Recreational 

5 Area shall be managed in accordance with the Interim 

6 Protected Species Management Strategy/Environmental 

7 Assessment issued by the National Park Service on June 

8 13, 2007, for the Cape Hatteras National Seashore Rec9 reational Area, North Carolina, unless the Secretary of the 

10 Interior (hereafter in this Act referred to as the ‘‘Sec11 retary’’) issues a new final rule that meets the require12 ments set forth in section 3. 

13 (b) RESTRICTIONS.—The Secretary shall not impose 

14 any additional restrictions on pedestrian or motorized ve15 hicular access to any portion of Cape Hatteras National 

16 Seashore Recreational Area for species protection beyond 

17 those in the Interim Management Strategy, other than as 

18 specifically authorized pursuant to section 3 of this Act. 

19 SEC. 3. ADDITIONAL RESTRICTIONS ON ACCESS TO CAPE 

20 HATTERAS NATIONAL SEASHORE REC21 REATIONAL AREA FOR SPECIES PROTEC22 TION. 

23 (a) IN GENERAL.—If, based on peer-reviewed science 

24 and after public comment, the Secretary determines that 

25 additional restrictions on access to a portion of the Cape 

26 Hatteras National Seashore Recreational Area are necVerDate Mar 15 2010 00:05 Feb 29, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4094.IH H4094

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1 essary to protect species listed as endangered under the 

2 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

3 the Secretary may only restrict, by limitation, closure, 

4 buffer, or otherwise, pedestrian and motorized vehicular 

5 access for recreational activities for the shortest possible 

6 time and on the smallest possible portions of the Cape 

7 Hatteras National Seashore Recreational Area. 

8 (b) LIMITATION ON RESTRICTIONS.—Restrictions 

9 imposed under this section for protection of species listed 

10 as endangered under the Endangered Species Act of 1973 

11 (16 U.S.C. 1531 et seq.) shall not be greater than the 

12 restrictions in effect for that species at any other National 

13 Seashore. 

14 (c) CORRIDORS AROUND CLOSURES.—To the max15 imum extent possible, the Secretary shall designate pedes16 trian and vehicular corridors of minimal distance on the 

17 beach or interdunal area around closures implemented 

18 under this section to allow access to areas not closed. 

19 SEC. 4. INAPPLICABILITY OF FINAL RULE AND CONSENT 

20 DEGREE. 

21 (a) FINAL RULE.—The final rule titled ‘‘Special Reg22 ulations, Areas of the National Park System, Cape Hat23 teras National Seashore—Off-Road Vehicle Management’’ 

24 (77 Fed. Reg. 3123–3144) shall have no force or effect 

25 after the date of the enactment of this Act. 


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1 (b) CONSENT DECREE.—The April 30, 2008, consent 

2 decree filed in the United States District Court for the 

3 Eastern District of North Carolina regarding off-road ve4 hicle use at Cape Hatteras National Seashore in North 

5 Carolina shall not apply after the date of the enactment 

6 of this Act. 

Æ 


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