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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preserving Access to 
Cape Hatteras National Seashore Recreational Area Act’’. 
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SEC. 
2. 
REINSTATEMENT 
OF 
INTERIM 
MANAGEMENT 
STRATEGY. 
(a) MANAGEMENT.—After the date of the enactment 
of this Act, Cape Hatteras National Seashore Recreational 
Area shall be managed in accordance with the Interim 
Protected Species Management Strategy/Environmental 
Assessment issued by the National Park Service on June 
13, 2007, for the Cape Hatteras National Seashore Rec-
reational Area, North Carolina, unless the Secretary of the 
Interior (hereafter in this Act referred to as the ‘‘Sec-
retary’’) issues a new final rule that meets the require-
ments set forth in section 3. 
(b) RESTRICTIONS.—The Secretary shall not impose 
any additional restrictions on pedestrian or motorized ve-
hicular access to any portion of Cape Hatteras National 
Seashore Recreational Area for species protection beyond 
those in the Interim Management Strategy, other than as 
specifically authorized pursuant to section 3 of this Act. 
SEC. 3. ADDITIONAL RESTRICTIONS ON ACCESS TO CAPE 
HATTERAS 
NATIONAL 
SEASHORE 
REC-
REATIONAL AREA FOR SPECIES PROTEC-
TION. 
(a) IN GENERAL.—If, based on peer-reviewed science 
and after public comment, the Secretary determines that 
additional restrictions on access to a portion of the Cape 
Hatteras National Seashore Recreational Area are nec-
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essary to protect species listed as endangered under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
the Secretary may only restrict, by limitation, closure, 
buffer, or otherwise, pedestrian and motorized vehicular 
access for recreational activities for the shortest possible 
time and on the smallest possible portions of the Cape 
Hatteras National Seashore Recreational Area. 
(b) LIMITATION
ON
RESTRICTIONS.—Restrictions 
imposed under this section for protection of species listed 
as endangered under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) shall not be greater than the 
restrictions in effect for that species at any other National 
Seashore. 
(c) CORRIDORS AROUND CLOSURES.—To the max-
imum extent possible, the Secretary shall designate pedes-
trian and vehicular corridors of minimal distance on the 
beach or interdunal area around closures implemented 
under this section to allow access to areas not closed. 
SEC. 4. INAPPLICABILITY OF FINAL RULE AND CONSENT 
DEGREE. 
(a) FINAL RULE.—The final rule titled ‘‘Special Reg-
ulations, Areas of the National Park System, Cape Hat-
teras National Seashore—Off-Road Vehicle Management’’ 
(77 Fed. Reg. 3123–3144) shall have no force or effect 
after the date of the enactment of this Act. 
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(b) CONSENT DECREE.—The April 30, 2008, consent 
decree filed in the United States District Court for the 
Eastern District of North Carolina regarding off-road ve-
hicle use at Cape Hatteras National Seashore in North 
Carolina shall not apply after the date of the enactment 
of this Act. 
Æ 
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