[Senate Report 113-102]
[From the U.S. Government Publishing Office]
Calendar No. 180
113th Congress Report
SENATE
1st Session 113-102
======================================================================
PRESERVING PUBLIC ACCESS TO CAPE HATTERAS BEACHES
_______
September 10, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 486]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 486) to authorize pedestrian and
motorized vehicular access in Cape Hatteras National Seashore
Recreational Area, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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.
PURPOSE
The purpose of S. 486, as ordered reported, is to direct
the Secretary of the Interior to review and modify wildlife
buffers at Cape Hatteras National Seashore in North Carolina,
and to undertake a public process to consider changes to the
National Park Service's regulations which would allow increased
motorized access to certain beaches in the National Seashore.
BACKGROUND AND NEED
Officially authorized in 1937 along the Outer Banks of
North Carolina, Cape Hatteras is the nation's first national
seashore. Consisting of more than 30,000 acres distributed
along approximately 64 miles of shoreline, Cape Hatteras
National Seashore Recreation Area (National Seashore) is part
of a dynamic barrier island system. Millions of visitors come
to the National Seashore each year to engage in recreational
activities such as fishing, hunting, surfing, boating, beach
driving, and bird and wildlife viewing. The National Seashore
also provides important habitat for various species of wildlife
and serves as a wintering area for migratory waterfowl. It is
home to several species that are listed as threatened or
endangered under the Endangered Species Act, including the
endangered leatherback turtle and the piping plover.
In 2007, the National Park Service implemented an Interim
Protected Species Management Strategy (Interim Strategy)
governing off-road vehicle (ORV) use at the National Seashore
to address resource protection, visitor safety, and potential
conflicts among various park users. The Interim Strategy was
implemented in response to a lawsuit filed in 2005 claiming
that the National Park Service had failed to protect species
and establish an ORV management plan, as required by the
agency's regulations.
In October 2007, another lawsuit was filed against the
National Park Service alleging that the Interim Strategy was
inadequate and that the Seashore's management of ORV use
violated existing laws, including the Endangered Species Act,
the National Park Service Organic Act, an executive order
relating to ORV use, and National Park Service regulations
regarding ORV use in units of the national park system.
In April 2008, a U.S. District Court Judge signed a consent
decree to settle the lawsuit. The consent decree was agreed to
by the plaintiffs and the National Park Service; and by Dare
and Hyde Counties and a coalition of local ORV and fishing
groups who participated in the lawsuit as interveners.
Pursuant to the consent decree, the National Park Service
was required to complete an ORV Management Plan and an
accompanying environmental impact statement for the seashore by
December 31, 2010, and complete a final Special Regulation by
2011. On February 15, 2012, the final ORV Management Plan/
Environmental Impact Statement and special regulation went into
effect for the National Seashore (77 Fed. Reg. 3123). The final
plan includes a five-year periodic review process that allows
for evaluation and modifications to be made, if necessary.
While the National Park Service believes that the rule
brings the National Seashore into compliance with the Executive
Orders and other applicable laws and policies after many years
of non-compliance, opponents of the rule believe it unfairly
limits historic access to the seashore, in particular the use
of off-road vehicles on certain beaches, thereby decreasing
economic activity in the region.
As ordered reported, S. 486 would leave the final rule in
effect, but would direct the National Park Service to modify
wildlife buffers within the National Seashore to provide for
greater motorized and pedestrian access, while maintaining the
necessary protection for wildlife required by existing laws,
and to consider modifications to the rule that would provide
for increased ORV access within the National Seashore.
LEGISLATIVE HISTORY
Senators Burr and Hagan introduced S. 486 on March 7, 2013.
Senator Manchin is a cosponsor. The Subcommittee on National
Parks held a hearing on S. 486 on April 23, 2013. At its
business meeting on June 18, 2013 the Committee ordered S. 486
favorably reported with an amendment in the nature of a
substitute.
In the 112th Congress, a similar bill, S. 2372, was
introduced by Senators Burr and Hagan on April 26, 2012. The
Subcommittee on National Parks held a hearing on S. 2372 on
June 27, 2012 (S. Hrg. 112-578). Similar legislation was also
included in H.R. 2578, the Conservation and Economic Growth
Act, which passed the House of Representatives by a vote of
232-188 on June 19, 2012.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on June 18, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 486 if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 486, the Committee adopted
an amendment in the nature of a substitute. The amendment would
leave the current National Park Service regulations governing
off-road vehicle use at the National Seashore in place, but
require that the Secretary of the Interior review and adjust
wildlife protection buffers, using adaptive management
practices, to ensure that the buffers are of the shortest
possible duration and cover the smallest area necessary to
protect the species. The Secretary would also be required to
designate pedstrian and vehicle corridors around areas of the
National Seashore that are closed because of wildlife buffers,
to allow access to other areas that are open.
Additionally, the substitute amendment would direct the
Secretary to undertake a public process to consider changes to
the National Park Service's Final Rule that would allow for
greater off-road vehicle access on beaches within the National
Seashore. Finally, the amendment directs the Secretary to
expeditiously construct new vehicle access points and roads
within the National Seashore in accordance with applicable
management plans.
The amendment is described in detail in the section-by-
section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides for the short title, the ``Preserving
Public Access to Cape Hatteras Beaches Act.''
Section 2 defines key terms in the bill.
Section 3(a) directs the Secretary of the Interior
(Secretary), not later than 180 days after the date of
enactment of this Act, to review and modify wildlife buffers
applicable to the Cape Hatteras National Seashore Recreational
Area (National Seashore) in accordance with this section and
any other applicable law.
Subsection (b) requires that the Secretary, in modifying
wildlife buffers under subsection (a), use adaptive management
strategies to: (1) ensure that wildlife buffers are of the
shortest possible duration and cover the smallest possible area
necessary to protect a species as determined by peer reviewed
scientific data; and (2) designate pedestrian and vehicle
corridors around areas closed because of wildlife buffers, to
allow access to areas that are open.
Subsection (c) requires that the Secretary coordinate with
the State of North Carolina in determining appropriate buffer
protections for species that are not listed under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et sec.), but
are identified for protection under State law.
Section (4) directs the Secretary to undertake a public
process to consider changes to the Final Rule (77 Fed. Reg.
3123) that would: open segments of beaches closed to night
driving on a rolling basis; extend seasonal off-road vehicle
routes for additional periods in the Fall and Spring; and
modify the size and location of vehicle-free areas.
Section (5) requires that the Secretary, as expeditiously
as practicable, construct new vehicle access points and roads
at the National Seashore in accordance with applicable
management plans for the National Seashore.
Section (6) directs the Secretary to report to Congress on
measures taken to implement this Act within 1 year after the
date of enactment.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 486--Preserving Public Access to Cape Hatteras Beaches Act
S. 486 would require modifications to the management of the
Cape Hatteras National Seashore in North Carolina. Under the
bill, the Secretary of the Interior would review and modify
wildlife buffers on the seashore to cover the smallest area
necessary. S. 486 also would require the Secretary to construct
new vehicle access points to the seashore. The National Park
Service (NPS) would be directed to conduct a public process to
consider modifications to the existing management plan for the
seashore.
Based on information provided by the NPS, CBO estimates
that implementing S. 486 would cost about $6 million over the
2014-2018 period, assuming the availability of appropriated
funds. That amount includes an estimated increase in
administrative costs of $1 million annually to monitor wildlife
buffer areas and $1 million to prepare and implement a modified
management plan. The NPS is currently constructing new vehicle-
access points at the seashore, so implementing that provision
of S. 486 would have no additional cost. Pay-as-you-go
procedures do not apply to this legislation because it would
not affect direct spending or revenues.
S. 486 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On May 31, 2013, CBO transmitted a cost estimate for H.R.
819, the Preserving Access to Cape Hatteras National Seashore
Recreational Area Act, as ordered reported by the House
Committee on Natural Resources on May 15, 2013. H.R. 819 would
require the seashore's management plan to revert back to the
Interim Strategy, which was issued in 2007. In contrast, S. 486
would require the Secretary to undertake a public process to
determine how to modify the current management plan. The CBO
cost estimates reflect those differences.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 486.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 486, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 486, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the National Park Service at the
April 23, 2013, Subcommittee on National Parks hearing on S.
486 follows:
Statement of Peggy O'Dell, Deputy Director for Operations, National
Park Service, U.S. Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on S. 486, a bill entitled
``to authorize pedestrian and motorized vehicular access in
Cape Hatteras National Seashore Recreational Area, and for
other purposes.''
The Department strongly opposes S. 486. This bill would
reinstate the 2007 Interim Protected Species Management
Strategy (Interim Strategy) governing off-road vehicle (ORV)
use at Cape Hatteras National Seashore (Seashore).
The Department supports allowing appropriate public use and
access at the Seashore to the greatest extent possible, while
also ensuring protection for the Seashore's wildlife and
providing a variety of visitor use experiences, minimizing
conflicts among various users, and promoting the safety of all
visitors. We strongly believe that the final ORV Management
Plan/Environmental Impact Statement (EIS) and special
regulation are accomplishing these objectives far better than
the defunct Interim Strategy. Contrary to some reports, there
is not now and never has been a ban on ORVs at the Seashore.
The great majority of the beach is open to ORVs, visitation is
rising, and tourist revenues are at record levels. At the same
time, beach-nesting birds and sea turtles are finally showing
much-needed improvements.
The Seashore stretches for about 67 miles along three
islands of the Outer Banks of North Carolina. It is famous for
its soft sandy beaches, outstanding natural beauty, and dynamic
coastal processes that create important habitats, including
breeding sites for many species of beach-nesting birds, among
them the federally listed threatened piping plover, the state-
listed threatened gull-billed tern, and a number of species of
concern including the common tern, least tern, black skimmer,
and the American oystercatcher. Long a popular recreation
destination, Cape Hatteras attracts about 2.3 million visitors
a year who come to walk the beach, swim, sail, fish, use ORVs,
and enjoy the ambiance of the shore. In the towns that dot the
Outer Banks, a major tourism industry has developed to serve
visitors and local beachgoers, including fishermen. In 2011,
visitors to the three islands spent approximately $121 million
(an increase of $13 million from 2010), and supported about
1,700 jobs.
Under the National Park Service Organic Act, the Endangered
Species Act, the Migratory Bird Treaty Act, the Seashore's
enabling act, and National Park Service (NPS) regulations and
policies, the NPS has an affirmative responsibility to conserve
and protect wildlife, as well as the other resources and values
of the Seashore. Executive Order 11644 (1972), amended by
Executive Order 11989 (1977), requires the NPS to issue
regulations to designate specific trails and areas for ORV use
based upon resource protection, visitor safety, and
minimization of conflicts among uses of agency lands.
The special regulation that went into effect on February
15, 2012, brings the Seashore into compliance with applicable
laws, policies, and Executive Orders after many years of
noncompliance. In addition to resource impacts, the approved
plan addresses past inconsistent management of ORV use, user
conflicts, and safety concerns in a comprehensive and
consistent manner.
The Interim Strategy was never intended to be in place over
the long-term. When it was developed, the Seashore had no
consistent approach to species protection and no ORV management
plan or special regulation in place. While the Interim Strategy
took an initial step toward establishing a science-based
approach, key elements such as buffer distances for American
oystercatchers and colonial waterbirds, and the lack of night
driving restrictions during sea turtle nesting season, were
inconsistent with the best available science. The 2006 U.S.
Fish and Wildlife Service (USFWS) biological opinion for the
Interim Strategy indicated that it would cause adverse effects
to federally listed species, but found no jeopardy to those
species mainly because of the limited duration of
implementation (expected to be no later than the end of 2009).
Similarly, the 2007 NPS Finding of No Significant Impact
(FONSI) for the Interim Strategy indicated the action had the
potential to adversely impact federally listed species and
state-listed species of concern, but found that a more detailed
analysis (an EIS) was not needed because of the limited period
of time that the Interim Strategy would be implemented.
After a lawsuit was filed against the Interim Strategy, a
federal judge entered a Consent Decree for park management. The
species-specific buffer distances and the night driving
restrictions contained in both the Consent Decree and in the
plan/EIS are based on scientific studies and peer-reviewed
management guidelines such as the USFWS Piping Plover and
Loggerhead Turtle Recovery Plans, and the U.S. Geological
Survey (USGS) Open-File Report 2009-1262 (also referred to as
the ``USGS protocols,'') on the management of species of
special concern at the Seashore. Buffer distances for state-
listed species are based on relevant scientific studies
recommended by the North Carolina Wildlife Resources
Commission, USFWS, and USGS.
Under the science-based species protection measures of the
Consent Decree, many of which are incorporated into the ORV
management plan and special regulation, a trend of improving
conditions for beach nesting birds and sea turtles has emerged.
Although breeding success depends on a number of factors
including weather, predation, habitat availability, and level
of human disturbance, there has been a striking improvement in
the condition of protected beach-nesting wildlife species. The
Seashore has experienced a record number of piping plover pairs
and fledged chicks, American oystercatcher fledged chicks,
least tern nests, and improved nesting results for other
species of colonial waterbirds. The number of piping plover
breeding pairs has increased from an annual average of 3.6
pairs from 2000 to 2007 under the Interim Strategy to an
average of 11.75 pairs between 2008 and 2011 under the Consent
Decree. In 2012, the NPS documented 15 piping plover breeding
pairs. The number of sea turtle nests also significantly
increased, from an annual average of 77.3 from 2000 to 2007 to
an average of 129 from 2008 to 2011. In 2012, sea turtle
nesting in the Seashore climbed to an all-time high of 222.
Although the prescribed buffers have resulted in temporary
closures of some popular locations when breeding activity was
occurring, even at the peak of the breeding season there have
generally been many miles of open beach entirely unaffected by
the species protection measures. Under the Consent Decree from
2007 to 2011, annual visitation at the Seashore continued at a
level similar to that of 2006 to 2007. In 2012, visitation
increased 17% from 2011, and it was a 6% increase from the
average visitation between 2007 and 2011. Dare County, where
the Seashore is located, experienced record occupancy and meal
revenues in 2012, as reported by the Outer Banks Visitor
Bureau, despite the impacts of Hurricane Sandy that closed or
substantially limited traffic along North Carolina Highway 12
to Hatteras Island from late October to late December 2012.
This occupancy revenue has continued to climb over the last
several years as follows: 2009 ($318 million), 2012 ($330
million), 2011 ($343 million), 2012 ($382 million through the
end of November) while meals revenue has also increased as
follows: 2009 ($185 million), 2010 ($188 million), 2011 ($191
million), and 2012 ($201 million though the end of November).
The final ORV management plan and regulation provide long-
term guidance for the management of ORV use and the protection
of affected wildlife species at the Seashore. The plan not only
provides diverse visitor experience opportunities, manages ORV
use in a manner appropriate to a unit of the National Park
System, and provides a science-based approach to the
conservation of protected wildlife species, but also adapts to
changing conditions over the life-span of the plan. It includes
a five-year periodic review process that will enable the NPS to
systematically evaluate the plan's effectiveness and make any
necessary changes.
During the preparation of the environmental impact
statement (EIS) for the management plan, the NPS evaluated the
potential environmental impacts of long-term implementation of
the Interim Strategy. The analysis determined that if the
Interim Strategy were continued into the future, it would
result in long-term, moderate to major adverse impacts to
piping plovers, American oystercatchers, and colonial
waterbirds, as well as long-term, major adverse impacts to sea
turtles. Impacts to sea turtles and three species of colonial
waterbirds had the potential to rise to the level of
``impairment,'' which would violate the National Park Service
Organic Act.
Moreover, if the Interim Strategy were to be reinstated, it
could well be counterproductive to visitor access. Under the
Interim Strategy, popular destinations such as Cape Point and
the inlet spits still experienced resource protection closures.
Several of the beach-nesting bird species at the Seashore may
renest several times during the same season if eggs or very
young chicks are lost, which is more likely when there is a
higher level of human disturbance in proximity to nests and
chicks. Under the Consent Decree, with its science-based
buffers, there has been a noticeable reduction in the number of
these renesting attempts for piping plovers and American
oystercatchers, which means the duration of closures is
typically shorter. Because the Interim Strategy allows smaller
buffers and more disturbance of nests and chicks at these key
sites, it increases the likelihood that birds will renest one
or more time at those sites, and so even though the closures
may seem smaller, they may be in place for a longer time than
under the ORV plan or Consent Decree. This is even more likely
to be the case now, because the number of nesting birds has
increased significantly since 2007.
The Seashore has taken steps to enhance access in areas
favored by beach fishermen. Specifically, a bypass below Ramp
44 allows ORV access to the eastern side of Cape Point and
areas not closed during bird breeding season in the event of
access blockage on the beach proper, whether from weather and
tide events or resource closures. At Hatteras Inlet, at the end
of Hatteras Island, a trail has been created and maintained to
allow ORV access and the ability to park closer to what have
traditionally been preferred fishing areas. In the proximity of
Ramp 4, a pedestrian access trail adjacent to the Oregon Inlet
Fishing Center to provide access for fishing in the ocean for
those visitors without ORVs. Also, as a mitigation measure with
the building of the new Bonner Bridge project, a new access
ramp will be installed at approximately mile 2.5 that will
expedite access to the northern end of the park. The Seashore
is also in the final stages of completing an Environmental
Assessment titled ``Proposal to Construct New Development that
Facilitates Public Access'' which may include additional access
points to areas that are traditionally closed off due to
resource closure; these will enhance the fishing/beach driving
opportunities.
In addition to reinstating the Interim Strategy, S. 486
provides authority for additional restrictions only for species
listed as ``endangered'' under the Endangered Species Act of
1973, and only for the shortest possible time and on the
smallest possible portions of the Seashore. This would conflict
with numerous other laws and mandates including the National
Park Service Organic Act, the Endangered Species Act, the
Migratory Bird Treaty Act, the Seashore's enabling act, the
aforementioned Executive Orders, and NPS regulations
implementing these laws, which provide for the protection of
other migratory bird species and other park resources.
S. 486 also provides that the protection of endangered
species at Cape Hatteras shall not be greater than the
restrictions in effect for that species at any other national
seashore. Species protection measures cannot reasonably be
compared from seashore to seashore without considering the
specific circumstances at each site and the context provided by
the number and variety of protected species involved, the
levels of ORV use, and the underlying restrictions provided by
the respective ORV management plans and special regulations.
Even though Cape Hatteras has a wider variety of beach nesting
wildlife species than Cape Cod or Assateague, for example, its
plan actually allows for a much higher level of ORV use on
larger portions of the Seashore. It would be neither reasonable
nor biologically sound for Cape Hatteras to use less protective
measures if they were designed for a location where the level
of ORV use is much lower to begin with. Nor does it appear that
such an arbitrary approach could possibly comply with the
``peer-reviewed science'' requirement imposed elsewhere in the
bill. The Cape Hatteras plan was specifically designed to be
effective for the circumstances at Cape Hatteras. The bill
would require, to the maximum extent possible, that pedestrian
and vehicle access corridors be provided around closures
implemented to protect wildlife nesting areas. This concept was
thoroughly considered during the preparation of the plan and
EIS. The plan already allows for such access corridors when not
in conflict with species protection measures. For example,
under the current regulation, the Seashore works with the
communities and has the ability to allow access around a turtle
nest when the alternative route is between the nest and dunes
but does not cause impairment to the existing dunes/vegetation.
Shorebird nesting areas are often close to the shoreline
because of the Seashore's typically narrow beaches. A
concentration of nests occur near the inlets and Cape Point,
and access corridors cannot always be allowed without defeating
the fundamental purpose of such closures: protecting wildlife.
Several species of shorebirds that nest at the Seashore have
highly mobile chicks, which can move considerable distances
from nests to foraging sites. Inadequate resource closures in
the past have resulted in documented cases of human-caused loss
or abandonment of nests and chick fatalities. Corridors that
cut through a resource closure area would essentially undermine
the function of the closure and render it compromised or even
useless.
Finally, the final ORV management plan/EIS and special
regulation are the products of an intensive five-year long
planning process that included a high level of public
participation through both the National Environmental Policy
Act (NEPA) process and negotiated rulemaking, including four
rounds of public comment opportunities. The Negotiated
Rulemaking Advisory Committee's function was to assist directly
in the development of special regulations for management of
ORVs and met from 2007 to 2009. Although the committee did not
reach consensus on a proposed regulation, it provided a
valuable forum for the discussion of ORV management and
generated useful information for the NPS. The NPS received more
than 15,000 individual comments on the draft plan/EIS and more
than 21,000 individual comments on the proposed special
regulation. In completing the final ORV management plan/EIS and
special regulation, the NPS considered all comments, weighed
competing interests and ensured compliance with all applicable
laws.
Currently, the ORV management plan/EIS and special
regulation are the subject of a complaint that was filed by a
coalition of ORV organizations with the US District Court in
the District of Columbia on February 9, 2012. The Memorandum of
Order to transfer the complaint to the US District Court of
North Carolina was issued on December 23, 2012.
Mr. Chairman, that concludes my testimony. I would be glad
to answer any questions that you or other members of the
subcommittee may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 486, as ordered
reported.