29–006 

113TH CONGRESS REPT. 113–146 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

PRESERVING ACCESS TO CAPE HATTERAS NATIONAL 

SEASHORE RECREATIONAL AREA ACT 

JULY 9, 2013.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 819] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 819) to authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area, and 

for other purposes, having considered the same, report favorably 

thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 819 is to authorize pedestrian and motorized 

vehicular access in Cape Hatteras National Seashore Recreational 

Area. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 819 directs the Secretary of the Interior to manage Cape 

Hatteras National Seashore Recreational Area in accordance with 

the Interim Protected Species Management Strategy/Environmental Assessment issued by the National Park Service (NPS) on 

June 13, 2007. 

Authorized in 1937, Cape Hatteras National Seashore Recreation 

Area now covers 30,350 acres. In 2007, the NPS instituted an Interim Management Strategy to govern off-road vehicle (ORV) use 

at Cape Hatteras. The access restrictions it contained were much 

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more limited than visitors and local residents were accustomed to, 

but there was general agreement that the strategy was functional. 

A key provision of the Interim Management Strategy is that it 

provides the local park superintendent authority to use his or her 

professional judgment to adapt corridors and routes as the physical 

characteristics of the seashore change on a dynamic basis. This 

commonsense approach allows the superintendent to modify access 

by responding directly to changing conditions on a real-time basis, 

rather than arbitrarily written mandates. 

The U.S. Fish and Wildlife Service issued a Biological Opinion 

finding that Interim Management Strategy would not jeopardize 

any Endangered Species Act listed species. However, litigious interest groups sued the NPS over the adoption of the Interim Management Strategy and, in April 2008, the court approved a settlement 

that resulted in a consent decree establishing new, more restrictive 

rules on ORV use at Hatteras until a new final rule could be crafted. That final rule, which is even more restrictive than the consent 

decree, went into effect in March 2012. 

Local businesses have reported significant economic losses and 

fear permanent damage to tourism if the final rule remains. ORVs 

have long been used to access the park by fisherman and other 

visitors. By restricting long sections of the beach from ORV use and 

leaving no alternatives, NPS has effectively shut down more miles 

of the park than the NPS represents. 

H.R. 819 would suspend the consent decree and the final rule 

and reinstate the Interim Management Strategy. It lays out a list 

of criteria that the Secretary of the Interior would have to meet to 

institute access restrictions greater than those in the Interim Management Strategy. 

COMMITTEE ACTION

H.R. 819 was introduced on February 26, 2013, by Congressman 

Walter Jones, Jr. (R–NC). The bill was referred to the Committee 

on Natural Resources, and within the Committee to the Subcommittee on Public Lands and Environmental Regulation. The bill 

was also referred to the Committee on the Judiciary. On March 14, 

2013, the Subcommittee held a hearing on the bill. On May 15, 

2013, the Full Natural Resources Committee met to consider the 

bill. The Subcommittee on Public Lands and Environmental Regulation was discharged by unanimous consent. No amendments were 

offered and the bill was then adopted and ordered favorably reported to the House of Representatives by a bipartisan rollcall vote 

of 24 to 17, as follows: 

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Committee on Natural Resources 

u.s. House of Representatives 

113 th Congress 

Date: May 15, 2013 Recorded Vote #: 16 

Meeting on / Amendment on: H.R. 819 - To adopt and favorably report the bill to the House, agreed to by a 

vote of 24 yeas to 17 nays 

MEMBERS Yea Nay Pres MEMBERS Yea Nay Pres 

Mr. Hastings, W A, Chairman X Mr. Duncan, SC X 

Mr. Markey, MA, Ranking Ms. Hanabusa, HI X 

Mr. Young, AK X Mr. Tipton, CO X 

Mr. Defazio, OR X Mr. Cardenas, CA X 

Mr. Gohmert, TX Mr. Gosar, AZ X 

Mr. Faleomavaega. AS Mr. Horsford, NV X 

Mr. Bishop, UT X Mr. Labrador, ID X 

Mr. Pallone, NJ X Mr. Huffman, CA X 

Mr. Lamborn, CO X Mr. Southerland, FL X 

Mrs. Napolitano, CA X Mr. Ruiz, CA X 

Mr. Wittman, VA X Mr. Flores, TX X 

Mr. Hoit,NJ X Ms. Shea-Porter, NH X 

Mr. Broun, GA Mr. Runyan, NJ X 

Mr. Grijalva, AZ X Mr. Lowenthal, CA X 

Mr. Fleming, LA X Mr. Amodci, NV X 

Ms. Bordallo, GU X Mr. Garcia, FL X 

Mr. McClintock, CA X Mr. Mnllin, OK X 

Mr. Costa, CA X Mr. Cartwright, PA X 

Mr. Thompson, PA X Mr. Stewart, UT X 

Mr. Sablan, CNMI X Mr. Daines, MT X 

Ms. Lnmmis, WY X Mr. Cramer, ND X 

Ms. Tsongas, MA X Mr. LaMalfa, CA X 

Mr. Benishek, MI X 

Mr. Pieriuisi, PR 

TOTALS 24 17 
4 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that Rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 819—Preserving Access to Cape Hatteras National Seashore 

Recreational Area Act 

H.R. 819 would require the Cape Hatteras National Seashore in 

North Carolina to be managed according to the Interim Protected 

Species Management Strategy/Environmental Assessment (Interim 

Strategy) issued by the National Park Service (NPS) on June 13, 

2007, until the NPS issues a new final rule. Under the bill, that 

final rule could not include additional restrictions on pedestrian or 

motorized access to the seashore beyond those in the Interim Strategy unless the restrictions are based on peer-reviewed science and 

the public has had the opportunity to review and comment on 

them. 

H.R. 819 also would prohibit implementation of the existing final 

rule entitled ‘‘Special Regulations, Areas of the National Park System, Cape Hatteras National Seashore—Off-Road Vehicle Management’’ and would invalidate the consent decree concerning use of 

off-road vehicles at the seashore, which was filed on April 30, 2008. 

Based on information provided by the NPS, CBO estimates that implementing the legislation would cost about $2 million over the 

2014–2018 period, assuming the availability of appropriated funds. 

Those costs would be incurred as management of the seashore 

transitioned to the Interim Strategy and the new final rule is developed. 

CBO estimates that enacting H.R. 819 would affect direct spending; therefore, pay-as-you-go procedures apply. Under the existing 

final rule, the NPS charges fees (which are recorded in the budget 

as offsetting receipts) for off-road vehicle permits. Those fees are 

available to be spent without further appropriation. Those fees are 

not a part of the Interim Strategy; therefore, under the bill, the 

NPS would collect fewer fees. However, CBO estimates that the net 

impact of that change would not be significant. Enacting H.R. 819 

would not affect revenues. 

H.R. 819 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

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The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

Based on information provided by the National Park Service, CBO 

estimates that implementing the legislation would cost about $2 

million over the 2014–2018 period, assuming the availability of appropriated funds. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

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LETTER EXCHANGE 

ONE HUNDRED THIRTEENTH CONGRESS 

~ongress of the tlnited ~tates 

t'lOUSC of Rcprcscntatincs COMMITIEE ON THE JUDICIARY 

2138 RAYBURN HOUSE OFfiCE BUILDING 

WASHlNGTON, DC 20515--6216 

The Honorable Doc Hastings 

Chairman 

Committee on Natural Resources 

1324 Longworth House Office Building 

Washington, DC 20515 

Dear Chairman Hastings, 

July 3, 2013 

I am writing with respect to H.R. 819, the "Preserving Access to Cape Hatteras National 

Seashore Recreational Area Act", which the Committee on Natural Resources reported favorably. As 

a result of your having consulted with us on provisions in H.R. 819 that fall within the Rule X 

jurisdiction of the Committee on the Judiciary, I agree to discharge our Committee from further 

consideration of this bill so that it may proceed expeditiously to the House floor for consideration. 

The Judiciary Committee takes this action with our mutual understanding that by foregoing 

consideration of II. R. 819 at this time, we do not waive any jurisdiction over subject matter contained 

in this or similar legislation, and that our Committee will be appropriately consulted and involved as 

the bill or similar legislation moves forward so that we may address any remaining issues in our 

jurisdiction. Our Committee also reserves the right to seek appointment of an appropriate number of 

conferees to any House-Senate conference involving this or similar legislation, and asks that you 

support any such request. 

I would appreciate a response to this letter confirming this understanding with respect to H.R. 

819, and would ask that a copy of our exchange of letters on this matter be included in the 

Congressional Record during Floor consideration ofH.R. 819. 

cc: The Honorable John Conyers, Jr. 

The Honorable Edward Markey 

The Honorable John Boehner 

Mr. Thomas J. Wickham, Jr. 

iCerelY' 

J 0 

t11 

at .,~- Chairman 
7 


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il.§. Moune of 1Reprenentatiufn 

(!J:ummittu un Natut"al1R£J.luurttJ.l 

lIas1}iu!.ltlln. 11m 2U515 

The Honorable Bob Goodlatte 

Chainnan 

Committee on the Judiciary 

2138 Rayburn HOB 

Washington, D.C. 20515 

Dear Mr. Chainnan: 

July 3,2013 

Thank you for your letter regarding H.R. 819, the Preserving Access to Cape Hatteras 

National Seashore Recreational Area Act. As you know, the Committee on Natural Resources 

ordered reported the bill on May 15,2013. I appreciate your support in bringing this legislation 

before the House of Representatives, and accordingly, understand that the Committee on the 

Judiciary will forego action on the bill. 

The Committee on Natural Resources concurs with the mutual understanding that by 

foregoing consideration of H.R. 819 at this time, the Committee on the Judiciary does not waive 

any jurisdiction over the subject matter contained in this or similar legislation. In addition, 

should a conference on the bill be necessary, I would support your request to have the 

Committee on the Judiciary represented on the conference committee. Finally, I would be 

pleased to include your letter and this response in the bill report filed by the Committee on 

Natural Resources, as well as in the Congressional Record during floor consideration, to 

memorialize our understanding. 

Thank you for your cooperation. 

lJ-lk 

Doc Hastings 

Chainnan 

cc: The Honorable John A. Boehner, Speaker 

The Honorable Edward J. Markey 

The Honorable John Conyers, Jr. 

Mr. Thomas J. Wickham, Parliamentarian 

htto'i'ontur!llrc~ourt:0.~.house flO" 
(8) 

DISSENTING VIEWS 

Cape Hatteras National Seashore, on the Outer Banks of North 

Carolina, includes more than 30,000 acres of barrier islands. Established in 1937 and managed by the National Park Service (NPS), 

Cape Hatteras is the nation’s first national seashore. 

In 2007, the NPS completed an interim environmental review to 

assess whether motorized vehicle use on the beaches was endangering public safety or impacting threatened and endangered nesting shorebirds and sea turtles found in the Park. In 2008, the NPS 

was sued by groups alleging that the management plan put in 

place as a result of the 2007 process was woefully inadequate to 

protect those species. 

Parties to the lawsuit, including the local counties who intervened in the case, eventually signed a consent decree providing for 

temporary management of the Seashore and protection for the imperiled species, until the NPS could complete a full environmental 

impact statement and final rule. The final rule was published in 

January and became effective February 15 of 2012. 

It is important to note that, despite the fact that the consent decree and final rule placed certain limits on motorized beach access, 

the numbers of park visitors, piping plovers and turtle hatchlings 

have all increased in recent years. Off-road vehicle use is still allowed in the park, albeit on fewer acres and at different times of 

the year. 

H.R. 819 would overturn the new rule, revert Park management 

to the 2007 plan and limit the effectiveness of any future rule. The 

legislation flies in the face of sound science, responsible rule-making and legitimate efforts to balance the competing demands placed 

on the Seashore’s resources. The bill represents Congressional 

micro-management of a specific unit of the National Park System 

to the detriment of the Park. H.R. 819 is an unwarranted intrusion 

on behalf of small but aggressive segment of the public who demand expansive access for off-road vehicles regardless of the impacts. 

A far larger majority of the public supports the final rule; their 

wishes and the solid scientific work of the NPS and the courts 

should be respected. H.R. 819 should be rejected. 

EDWARD J. MARKEY. 

RAU ́ L M. GRIJALVA. 

Æ 

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