IB 

Union Calendar No. 374 

112TH CONGRESS 

2D SESSION H. R. 4094 

[Report No. 112–526, Part I] 

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 

JUNE 15, 2012 

Additional sponsors: Mrs. ELLMERS, Mr. WITTMAN, Mr. FORBES, Mr. 

GOODLATTE, Mr. COBLE, Mr. STIVERS, and Mr. HURT

JUNE 15, 2012 

Reported from the Committee on Natural Resources 

JUNE 15, 2012 

The Committee on the Judiciary discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 


srobinson on DSK4SPTVN1PROD with BILLS
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•HR 4094 RH

A BILL 

To authorize pedestrian and motorized vehicular access in 

Cape Hatteras National Seashore Recreational Area, and 

for other purposes. 


srobinson on DSK4SPTVN1PROD with BILLS
3 

•HR 4094 RH

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’’. 

6 SEC. 2. REINSTATEMENT OF INTERIM MANAGEMENT 

7 STRATEGY. 

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

9 of this Act, Cape Hatteras National Seashore Recreational 

10 Area shall be managed in accordance with the Interim 

11 Protected Species Management Strategy/Environmental 

12 Assessment issued by the National Park Service on June 

13 13, 2007, for the Cape Hatteras National Seashore Rec14 reational Area, North Carolina, unless the Secretary of the 

15 Interior (hereafter in this Act referred to as the ‘‘Sec16 retary’’) issues a new final rule that meets the require17 ments set forth in section 3. 

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

19 any additional restrictions on pedestrian or motorized ve20 hicular access to any portion of Cape Hatteras National 

21 Seashore Recreational Area for species protection beyond 

22 those in the Interim Management Strategy, other than as 

23 specifically authorized pursuant to section 3 of this Act. 


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•HR 4094 RH

1 SEC. 3. ADDITIONAL RESTRICTIONS ON ACCESS TO CAPE 

2 HATTERAS NATIONAL SEASHORE REC3 REATIONAL AREA FOR SPECIES PROTEC4 TION. 

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

6 and after public comment, the Secretary determines that 

7 additional restrictions on access to a portion of the Cape 

8 Hatteras National Seashore Recreational Area are nec9 essary to protect species listed as endangered under the 

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

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

12 buffer, or otherwise, pedestrian and motorized vehicular 

13 access for recreational activities for the shortest possible 

14 time and on the smallest possible portions of the Cape 

15 Hatteras National Seashore Recreational Area. 

16 (b) LIMITATION ON RESTRICTIONS.—Restrictions 

17 imposed under this section for protection of species listed 

18 as endangered under the Endangered Species Act of 1973 

19 (16 U.S.C. 1531 et seq.) shall not be greater than the 

20 restrictions in effect for that species at any other National 

21 Seashore. 

22 (c) CORRIDORS AROUND CLOSURES.—To the max23 imum extent possible, the Secretary shall designate pedes24 trian and vehicular corridors of minimal distance on the 

25 beach or interdunal area around closures implemented 

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


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•HR 4094 RH

1 SEC. 4. INAPPLICABILITY OF FINAL RULE AND CONSENT 

2 DEGREE. 

3 (a) FINAL RULE.—The final rule titled ‘‘Special Reg4 ulations, Areas of the National Park System, Cape Hat5 teras National Seashore—Off-Road Vehicle Management’’ 

6 (77 Fed. Reg. 3123–3144) shall have no force or effect 

7 after the date of the enactment of this Act. 

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

9 decree filed in the United States District Court for the 

10 Eastern District of North Carolina regarding off-road ve11 hicle use at Cape Hatteras National Seashore in North 

12 Carolina shall not apply after the date of the enactment 

13 of this Act. 


srobinson on DSK4SPTVN1PROD with BILLS
Union Calendar No. 374 

112TH CONGRESS 

2D SESSION H. R. 4094 

[Report No. 112–526, Part I] 

A BILL 

To authorize pedestrian and motorized vehicular acreational Area, and for other purposes. cess in Cape Hatteras National Seashore RecJUNE 15, 2012 

Reported from the Committee on Natural Resources 

JUNE 15, 2012 

The Committee on the Judiciary discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


srobinson on DSK4SPTVN1PROD with BILLS