[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2372 Introduced in Senate (IS)]

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.

    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 of this Act.

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.
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