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Note: An Annual Comprehensive Review, as required by §7 of the Federal Advisory Committee Act, is conducted each year on committee data entered for the previous fiscal year (referred to as the reporting year). The data for the reporting year is not considered verified until this review is complete and the data is moved to history for an agency/department. See the Data From Previous Years section at the bottom of this page for the committee’s historical, verified data.


DOI - 33736 - Negotiated Rulemaking Advisory Committee for Off-Road Vehicle Management at Cape Hatteras National Seashore - Agency Authority
Hide Section - GENERAL INFORMATION

GENERAL INFORMATION

Committee NameNegotiated Rulemaking Advisory Committee for Off-Road Vehicle Management at Cape Hatteras National SeashoreAgency NameDepartment of the Interior
Fiscal Year2009Committee Number33736
Original Establishment Date Committee StatusTerminated
Actual Termination Date1/2/2010Committee URL 
New Committee This FYNoPresidential Appointments*No
Terminated This FYYesMax Number of Members*56
Current Charter Date1/2/2008Designated Fed Officer Position Title*Superintendent, Cape Hatteras National Seashore
Date Of Renewal Charter Designated Federal Officer PrefixMr.
Projected Termination Date1/2/2010Designated Federal Officer First Name*Michael
Exempt From Renewal*NoDesignated Federal Officer Middle NameB.
Specific Termination Authority5 U.S.C. AppendixDesignated Federal Officer Last Name*Murray
Establishment Authority*Agency AuthorityDesignated Federal Officer Suffix
Specific Establishment Authority*Agency AuthorityDesignated Federal Officer Phone*(252) 473-2111 x148
Effective Date Of Authority*1/1/2008Designated Federal Officer Fax*252-473-2595
Exempt From EO 13875 Discretionary Cmte Designated Federal Officer Email*mike_murray@nps.gov
Committee Type*Ad hoc
Presidential*No
Committee Function*Regulatory Negotiations Committee
Hide Section - RECOMMENDATION/JUSTIFICATIONS

RECOMMENDATION/JUSTIFICATIONS

Agency Recommendation*Terminate
Legislation to Terminate RequiredNo
Legislation Status 
How does cmte accomplish its purpose?*The National Park Service used the negotiated rulemaking process, with a concurrent National Environmental Policy Act (NEPA) process, in an effort to develop a special regulation to manage off-road vehicles (ORV) at Cape Hatteras National Seashore (the Seashore). ORV use at the Seashore is an emotionally-charged issue for various user groups and has increased substantially in recent years. Informal counts on busy holidays and peak season weekends now list as many as 2,200 ORVs on the Seashore’s beaches at the same time. Increased ORV use of the Seashore, concern about visitor safety, park resource management issues involving wildlife and vegetation protection, and conflicts among visitor uses have combined to bring the issue of ORV management to the forefront of the Seashore’s management concerns.There is the need for the Seashore to develop a plan/Environmental Impact Statement (EIS) and special regulation for Off-road Vehicle (ORV) management.The NPS believed that the process of negotiated rulemaking provided the greatest likelihood of developing regulations that enjoy widespread public acceptance while being consistent with NPS mandates. Since April 30, 2008, NPS has managed ORV use under a Court approved consent decree that will remain in effect until NPS completes its long-term ORV management plan/EIS and regulation. Although the committee did not reach consensus, it played an instrumental role in evaluating ORV management options.
How is membership balanced?*Development of a consensus-based, effective ORV special regulation requires the involvement of representatives of all the affected and interested parties. To achieve this, the NPS provided funding under an Interagency Agreement to the U.S. Institute for Environmental Conflict Resolution to supervise and contract with a team of neutral facilitators to conduct a feasibility assessment for negotiated rulemaking at the Seashore and to determine the appropriate composition of the committee. The committee was composed of 29 members representing a wide range of interests.
How frequent & relevant are cmte mtgs?*There were five 1- or 2-day meetings held in FY2009. The committee made progress on a variety of elements related to ORV management but did not reach consensus. The meetings were relevant as the agency continues to operate under a Court approved consent decree with a strict deadline for completing the plan and regulation.The committee completed its work in FY 2009. The charter expires Jan. 2, 2010.
Why advice can't be obtained elsewhere?*The ORV issue had become difficult to manage with current staffing levels and requires a great amount of staff time from many divisions, including the Superintendent’s office, Law Enforcement, Resource Management, Maintenance and others. As described above, previous efforts by the NPS to resolve this issue since the 1970's have been unsuccessful and, invariably, the organizations and individuals who are divided over the issue have been distrustful of NPS as much as they are of each other. In January 2006 an interim plan was issued to provide guidance until a long-term plna/EIS and regulation could be completed. A lawsuit was filed in October 2008 that challengeed the park's interim plan and resulted in a Court approved settlement (consent decree), which will remain in effect until the long-term plan and regulation are completed. In the negotiated rulemaking process, the interested and affected parties were invited by the agency to participate in a committee to negotiate a consensus on the content of the long-term ORV management plan and proposed regulation.
Why close or partially close meetings?n/a
Recommendation RemarksIn July 2008, the Department of the Interior Office of Collaborative Action and Dispute Resolution conducted a progress review of the committee through a confidential survey of committee members. Based on member feedback, it was recommended that the committee continue to function for the remaining meetings tentatively scheduled through January 2009. Committee held last two meetings in February 2009 and failed to reach consensus. The committee completed its work in FY 2009. The charter will expire Jan. 2, 2010.
Hide Section - PERFORMANCE MEASURES

PERFORMANCE MEASURES

Outcome Improvement To Health Or Safety*YesAction Reorganize Priorities*Yes
Outcome Trust In GovernmentYesAction Reallocate ResourcesYes
Outcome Major Policy ChangesYesAction Issued New RegulationsNo
Outcome Advance In Scientific ResearchNoAction Proposed LegislationNo
Outcome Effective Grant MakingNoAction Approved Grants Or Other PaymentsNo
Outcome Improved Service DeliveryYesAction OtherNo
Outcome Increased Customer SatisfactionYesAction CommentNPS will eventually issue a proposed rule, based in park in the committee's input.
Outcome Implement Laws/Reg RequirementsYesGrants Review*No
Outcome OtherNoNumber Of Grants Reviewed0
Outcome CommentThe committee completed its work in FY 2009. The charter expires Jan. 2, 2010.Number Of Grants Recommended0
Cost Savings*Unable to DetermineDollar Value Of Grants Recommended$0.00
Cost Savings CommentThe committee tried to help develop an ORV management alternative and regulation that could be accepted by a diverse range of stakeholders. In theory, this approach should increase the likelihood of broad acceptance of the plan and regulation, and reduce the chances of future litigation by the involved stakeholders. The potential cost savings is through avoidance of the costs of future lawsuit(s).Grants Review Commentn/a
Number Of Recommendations*30Access Contact Designated Fed. Officer*Yes
Number Of Recommendations CommentThe committee developed numerous informal draft recommendations on specific individual ORV management elements. The committee did not reach a consensus on a comprehensive formal recommendation; however, the committee provided NPS with numerous ORV management options to consider. The committee also made recommendations on committee processes and procedures.Access Agency WebsiteYes
% of Recs Fully Implemented*17.00%Access Committee WebsiteNo
% of Recs Fully Implemented CommentAn est. 5 recommendations on committee processes and procedures have been fully implemented.Access GSA FACA WebsiteNo
% of Recs Partially Implemented*0.00%Access PublicationsNo
% of Recs Partially Implemented CommentAccess OtherNo
Agency Feedback*YesAccess Commentn/a
Agency Feedback Comment*Feedback was provided verbally to the committee at meetings and during conference calls, or via email messages to committee members.Narrative Description*The mission of the National Park Service (NPS) is to conserve park natural and cultural resources while providng for the public enjoyment of the same in a manner that leaves them unimpaired for the enjoyment of future generations. NPS at Cape Hatteras National Seashore has not met longstanding requirements of two executive orders and NPS regulations for managing or legally authorizing off-road vehicle (ORV) use, and there has been corresponding user conflicts and a significant decline in the reproductive success of protected bird and sea turtle species. The committee assisted NPS in an effort to develop an ORV management alternative and regulation that will protect park resources, meet the legal requirements for authorizing ORV use, and resolve a longstanding controversy. In 2008 the issue resulted in litigation and a Court approved settlement (consent decree) that imposed strict deadlines for completion of the ORV management plan and regulation.
Hide Section - COSTS

COSTS

Payments to Non-Federal Members*$0.00Est Payments to Non-Fed Members Next FY*$0.00
Payments to Federal Members*$97,275.00Est. Payments to Fed Members Next FY*$0.00
Payments to Federal Staff*$155,513.00Estimated Payments to Federal Staff*$0.00
Payments to Consultants*$122,367.00Est. Payments to Consultants Next FY*$0.00
Travel Reimb. For Non-Federal Members*$5,000.00Est Travel Reimb Non-Fed Members nextFY*$0.00
Travel Reimb. For Federal Members*$4,364.00Est Travel Reimb For Fed Members*$0.00
Travel Reimb. For Federal Staff*$21,229.00Est. Travel Reimb to Fed Staff Next FY*$0.00
Travel Reimb. For Consultants*$38,374.00Est Travel Reimb to Consultants Next FY*$0.00
Other Costs$103,751.00Est. Other Costs Next FY*$0.00
Total Costs$547,873.00Est. Total Next FY*$0.00
Federal Staff Support (FTE)*2.10Est. Fed Staff Support Next FY*0.00
Cost RemarksEst Cost Remarks
Hide Section - Interest Areas

Interest Areas

No interest areas selected for this committee.
Hide Section - MEMBERS,MEETINGS AND ADVISORY REPORTS

MEMBERS,MEETINGS AND ADVISORY REPORTS

To View all the members, meetings and advisory reports for this committee please click here
Hide Section - CHARTERS AND RELATED DOCS

CHARTERS AND RELATED DOCS

No Documents Found
Hide Section - DATA FROM PREVIOUS YEARS

DATA FROM PREVIOUS YEARS

Committee

Data from Previous Years

 
ActionCommittee System IDCommittee NameFiscal Year
 COM-011234Negotiated Rulemaking Advisory Committee for Off-Road Vehicle Management at Cape Hatteras National Seashore2008