II 

Calendar No. 180 

113TH CONGRESS 

1ST SESSION S. 486 

[Report No. 113–102] 

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, Mrs. HAGAN, and Mr. MANCHIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 10, 2013 

Reported by Mr. WYDEN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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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. 

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 23:54 Sep 10, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S486.RS S486

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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. 

7 SECTION 1. SHORT TITLE. 

8 This Act may be cited as the ‘‘Preserving Public Access 

9 to Cape Hatteras Beaches Act’’. 

10 SEC. 2. DEFINITIONS. 

11 In this Act: 

12 (1) FINAL RULE.—The term ‘‘Final Rule’’ means 

13 the final rule entitled ‘‘Special Regulations, Areas of 

14 the National Park System, Cape Hatteras National 

15 Seashore—Off-Road Vehicle Management’’ (77 Fed. 

16 Reg. 3123 (January 23, 2012)). 

17 (2) NATIONAL SEASHORE.—The term ‘‘National 

18 Seashore’’ means the Cape Hatteras National Sea19 shore Recreational Area. 

20 (3) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 

22 (4) STATE.—The term ‘‘State’’ means the State 

23 of North Carolina. 


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1 SEC. 3. REVIEW AND ADJUSTMENT OF WILDLIFE PROTEC2 TION BUFFERS. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Secretary shall review 

5 and modify wildlife buffers in the National Seashore in ac6 cordance with this section and any other applicable law. 

7 (b) BUFFER MODIFICATIONS.—In modifying wildlife 

8 buffers under subsection (a), the Secretary shall, using 

9 adaptive management practices— 

10 (1) ensure that the buffers are of the shortest du11 ration and cover the smallest area necessary to pro12 tect a species, as determined in accordance with peer13 reviewed scientific data; and 

14 (2) designate pedestrian and vehicle corridors 

15 around areas of the National Seashore closed because 

16 of wildlife buffers, to allow access to areas that are 

17 open. 

18 (c) COORDINATION WITH STATE.—The Secretary, after 

19 coordinating with the State, shall determine appropriate 

20 buffer protections for species that are not listed under the 

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

22 but that are identified for protection under State law. 

23 SEC. 4. MODIFICATIONS TO FINAL RULE. 

24 The Secretary shall undertake a public process to con25 sider, consistent with management requirements at the Na26 tional Seashore, the following changes to the Final Rule: 


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1 (1) Opening beaches at the National Seashore 

2 that are closed to night driving restrictions, by open3 ing beach segments each morning on a rolling basis 

4 as daily management reviews are completed. 

5 (2) Extending seasonal off-road vehicle routes for 

6 additional periods in the Fall and Spring if off-road 

7 vehicle use would not create resource management 

8 problems at the National Seashore. 

9 (3) Modifying the size and location of vehicle-free 

10 areas. 

11 SEC. 5. CONSTRUCTION OF NEW VEHICLE ACCESS POINTS. 

12 The Secretary shall construct new vehicle access points 

13 and roads at the National Seashore— 

14 (1) as expeditiously as practicable; and 

15 (2) in accordance with applicable management 

16 plans for the National Seashore. 

17 SEC. 6. REPORT. 

18 The Secretary shall report to Congress within 1 year 

19 after the date of enactment of this Act on measures taken 

20 to implement this Act. 


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Calendar No. 180 

113TH CONGRESS 

1ST SESSION S. 486 

[Report No. 113–102] 

A BILL 

To authorize pedestrian and motorized vehicular acreational Area, and for other purposes. cess in Cape Hatteras National Seashore RecSEPTEMBER 10, 2013 

Reported with an amendment 


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