STATUS

• March 7, 2013.--Introduced.
• April 23, 2013.--Subcommittee on National Parks hearing held. 
• April 23, 2013.--Mr. Manchin added as cosponsor.
• June 18, 2013.--Full committee markup; Ordered to be reported with an amendment in the nature of a substitute favorably.
• September 10, 2013.--Reported to the Senate with an amendment in the nature of a substitute. S. Rept. 113-102.
• September 10, 2013.--Placed on Senate Legislative Calendar [Calendar No. 180].

Preserving Public Access to Cape Hatteras Beaches Act
(Introduced in Senate - IS)

S 486 IS

To authorize pedestrian and motorized vehicular access in Cape
Hatteras National Seashore Recreational Area, and for other purposes.

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

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 Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Preserving Public Access to Cape Hatteras

Beaches Act'.

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 Recreational Area, North Carolina, unless the Secretary of the Interior

(hereafter in this Act referred to as the `Secretary') issues a new final rule

that meets the requirements set forth in section 3.

(b) Restrictions- The Secretary shall not impose any additional restrictions

on pedestrian or motorized vehicular 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.

SEC. 3. ADDITIONAL RESTRICTIONS ON ACCESS TO CAPE HATTERAS NATIONAL SEASHORE
RECREATIONAL AREA FOR SPECIES PROTECTION.

(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 necessary 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 maximum extent possible, the Secretary

shall designate pedestrian 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 Regulations, Areas of the

National Park System, Cape Hatteras 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.

(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 vehicle use at Cape Hatteras National Seashore in North Carolina shall

not apply after the date of the enactment of this Act.