S. 486 — Reported in Senate

II Calendar No. 180 113th CONGRESS 1st Session S. 486 [Report No. 113–102] IN THE SENATE OF THE UNITED STATES March 7, 2013Mr. 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, 2013Reported by Mr. Wyden, with an amendmentStrike 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. 1. Short title This Act may be cited as the Preserving Public Access to Cape Hatteras Beaches Act. 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. 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. 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. 1. Short title This Act may be cited as the Preserving Public Access to Cape Hatteras Beaches Act. 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. 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. 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. 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. 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. September 10, 2013Reported with an amendment