II 

112TH CONGRESS 

2D SESSION S. 2372 

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 

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 

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 Public Ac5 cess to Cape Hatteras Beaches 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 


sroberts on DSK5SPTVN1PROD with BILLS
2 

•S 2372 IS

1 Area shall be managed in accordance with the Interim 

2 Protected Species Management Strategy/Environmental 

3 Assessment issued by the National Park Service on June 

4 13, 2007, for the Cape Hatteras National Seashore Rec5 reational Area, North Carolina, unless the Secretary of the 

6 Interior (hereafter in this Act referred to as the ‘‘Sec7 retary’’) issues a new final rule that meets the require8 ments set forth in section 3. 

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

10 any additional restrictions on pedestrian or motorized ve11 hicular access to any portion of Cape Hatteras National 

12 Seashore Recreational Area for species protection beyond 

13 those in the Interim Management Strategy, other than as 

14 specifically authorized pursuant to section 3 of this Act. 

15 SEC. 3. ADDITIONAL RESTRICTIONS ON ACCESS TO CAPE 

16 HATTERAS NATIONAL SEASHORE REC17 REATIONAL AREA FOR SPECIES PROTEC18 TION. 

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

20 and after public comment, the Secretary determines that 

21 additional restrictions on access to a portion of the Cape 

22 Hatteras National Seashore Recreational Area are nec23 essary to protect species listed as endangered under the 

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

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


sroberts on DSK5SPTVN1PROD with BILLS
3 

•S 2372 IS

1 buffer, or otherwise, pedestrian and motorized vehicular 

2 access for recreational activities for the shortest possible 

3 time and on the smallest possible portions of the Cape 

4 Hatteras National Seashore Recreational Area. 

5 (b) LIMITATION ON RESTRICTIONS.—Restrictions 

6 imposed under this section for protection of species listed 

7 as endangered under the Endangered Species Act of 1973 

8 (16 U.S.C. 1531 et seq.) shall not be greater than the 

9 restrictions in effect for that species at any other National 

10 Seashore. 

11 (c) CORRIDORS AROUND CLOSURES.—To the max12 imum extent possible, the Secretary shall designate pedes13 trian and vehicular corridors of minimal distance on the 

14 beach or interdunal area around closures implemented 

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

16 SEC. 4. INAPPLICABILITY OF FINAL RULE AND CONSENT 

17 DEGREE. 

18 (a) FINAL RULE.—The final rule titled ‘‘Special Reg19 ulations, Areas of the National Park System, Cape Hat20 teras National Seashore—Off-Road Vehicle Management’’ 

21 (77 Fed. Reg. 3123–3144) shall have no force or effect 

22 after the date of the enactment of this Act. 

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

24 decree filed in the United States District Court for the 

25 Eastern District of North Carolina regarding off-road veVerDate Mar 15 2010 22:58 May 01, 2012 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2372.IS S2372

sroberts on DSK5SPTVN1PROD with BILLS
4 

•S 2372 IS

1 hicle use at Cape Hatteras National Seashore in North 

2 Carolina shall not apply after the date of the enactment 

3 of this Act. 

Æ 


sroberts on DSK5SPTVN1PROD with BILLS