Dems Sink Beach-access Bill in U.S. Senate

On 9/11/08, the U.S. Senate Committee on Energy and Natural Resources blew a large hole in hopes that legislation could be passed this year to allow more pedestrian and ORV beach access at Cape Hatteras National Seashore.

Even as the U.S. House subcommittee on National Parks, Forests and Public Lands listened to testimony on a bill that would set aside a consent decree and return management of the Cape Hatteras National Seashore to the National Park Service’s interim plan, the Senate committee voted 12-11 not to report the bill, S3113, out of committee.

The vote split along party lines, with Republicans, including North Carolina’s Sen. Richard Burr, voting to report the bill out of committee and Democrats voting against it.

Since the Congress is likely to recess for 2008 at the end of September, it seems unlikely the legislation to set aside the consent decree will be passed this year.

The consent decree was signed April 30 by U.S. District Court Judge Terrence Boyle.  It settled a lawsuit filed last fall by the Southern Environmental Law Center for Audubon Society and Defenders of Wildlife. The suit charged the park’s interim strategy didn’t adequately protect birds and turtles at the seashore.

Defendants included the National Park Service and other federal entities.  Dare and Hyde counties and the Cape Hatteras Access Preservation Alliance were allowed by Boyle to be defendant/intervenors in the legal action.

Daniel N. Wenk, deputy director of the National Park Service, basically repeated his testimony from the July Senate hearing. Even though the National Park Service officially adopted the interim strategy in July, 2007, mere months before the environmental groups filed suit against the government, Wenk said the Department of the Interior now supported the consent decree.

A companion bill, HR 6233, was introduced in the House of Representatives by U.S. Rep. Walter Jones, Jr., also a Republican.

Wenk said DOI did not support HR 6233.

The consent decree likely will remain in place until a Negotiated Rule-making committee, comprised of Park Service officials, DOW, Audubon, SELC and beach access groups, hashes out a settlement.