[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 486 Reported in Senate (RS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Preserving Public Access to 
Cape Hatteras Beaches Act''.</DELETED>

<DELETED>SEC. 2. REINSTATEMENT OF INTERIM MANAGEMENT 
              STRATEGY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. INAPPLICABILITY OF FINAL RULE AND CONSENT 
              DEGREE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Final rule.--The term ``Final Rule'' means the final 
        rule entitled ``Special Regulations, Areas of the National Park 
        System, Cape Hatteras National Seashore--Off-Road Vehicle 
        Management'' (77 Fed. Reg. 3123 (January 23, 2012)).
            (2) National seashore.--The term ``National Seashore'' 
        means the Cape Hatteras National Seashore Recreational Area.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of North 
        Carolina.

SEC. 3. REVIEW AND ADJUSTMENT OF WILDLIFE PROTECTION BUFFERS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall review and modify wildlife 
buffers in the National Seashore in accordance with this section and 
any other applicable law.
    (b) Buffer Modifications.--In modifying wildlife buffers under 
subsection (a), the Secretary shall, using adaptive management 
practices--
            (1) ensure that the buffers are of the shortest duration 
        and cover the smallest area necessary to protect a species, as 
        determined in accordance with peer-reviewed scientific data; 
        and
            (2) designate pedestrian and vehicle corridors around areas 
        of the National Seashore closed because of wildlife buffers, to 
        allow access to areas that are open.
    (c) Coordination With State.--The Secretary, after coordinating 
with the State, shall determine appropriate buffer protections for 
species that are not listed under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), but that are identified for protection under 
State law.

SEC. 4. MODIFICATIONS TO FINAL RULE.

    The Secretary shall undertake a public process to consider, 
consistent with management requirements at the National Seashore, the 
following changes to the Final Rule:
            (1) Opening beaches at the National Seashore that are 
        closed to night driving restrictions, by opening beach segments 
        each morning on a rolling basis as daily management reviews are 
        completed.
            (2) Extending seasonal off-road vehicle routes for 
        additional periods in the Fall and Spring if off-road vehicle 
        use would not create resource management problems at the 
        National Seashore.
            (3) Modifying the size and location of vehicle-free areas.

SEC. 5. CONSTRUCTION OF NEW VEHICLE ACCESS POINTS.

    The Secretary shall construct new vehicle access points and roads 
at the National Seashore--
            (1) as expeditiously as practicable; and
            (2) in accordance with applicable management plans for the 
        National Seashore.

SEC. 6. REPORT.

    The Secretary shall report to Congress within 1 year after the date 
of enactment of this Act on measures taken to implement this Act.
                                                       Calendar No. 180

113th CONGRESS

  1st Session

                                 S. 486

                          [Report No. 113-102]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 10, 2013

                       Reported with an amendment