NPS Timeline for completion of ORV Rule

Projected Time Line For The Development Of ORV Plan

For Cape Hatteras National Seashore Recreational Area

The following is an excerpt from a Superintendent Mike Murray letter published in the latest “NCBBA News”.  This has been reproduced with permission from NCBBA.

Though park operations are less intense now that the breeding season is over, NPS staff along with the environmental contractor that was hired by the NPS Environmental Quality Division (EQD) have been very busy working on the draft ORV management plan and EIS (DEIS). The DEIS will identify and evaluate the impacts of a number of different ORV management alternatives. Preparing a DEIS of this complexity is a time consuming process involving numerous NPS staff and subject matter specialists at the Seashore, the Regional Office, and in Denver, as well as contractor employees. There are a number of discrete steps in the planning process, each with its own set of tasks and time frames.  Since there are many “moving parts” in the process, it is difficult to precisely predict the exact completion date for each task; however, it is feasible to identify the “major milestones” or tasks with estimated time frames for completion. The ultimate deadline, which was established in the consent decree, is to issue the Record of Decision for the final plan/EIS by December 31, 2010, and the Final Rule (i.e., special regulation) by April 1, 2011. Currently, NPS is reviewing draft chapters of the DEIS. Once the review and related editing is completed, the Seashore will submit the DEIS to the regional office (Atlanta) and Washington office for final internal review and approval to release the DEIS for public comment, which is estimated to occur late this fall. The DEIS release will be announced in a Federal Register Notice and local press release, followed by a 60-day public comment period that will include a series a public meetings. In addition, if you are on our emailing list, we will notify you directly by email when the DEIS is released for public comment. Below is the current list of “milestones” for the ORV management plan and special regulation:

Fall 2009 –

•        the Draft Environmental Impact Statement (DEIS) is completed for internal NPS review and revised as needed 

•        drafting begins for the proposed rule

•        the DEIS is approved by the Department of the Interior (DOI) and released for 60-day public comment

•        the Notice of Availability for the DEIS is published in the Federal Register

•        NPS requests formal consultation with the U.S. Fish and Wildlife Service on the DEIS preferred alternative

Winter 2010 –

•        the Office of Management and Budget (OMB) reviews benefit/cost and regulatory analyses for the proposed rule

•        The proposed rule is approved by the DOI and published in the Federal Register for 60-day public comment,

•        NPS holds public meetings on DEIS (about midway through the public comment period)

Spring 2010 –

•        analysis of public comment on the DEIS is completed

•        NPS receives the biological opinion from the U.S. Fish and Wildlife Service

•        analysis of public comment on the proposed rule begins

•        preparation of the Final Environmental Impact Statement (FEIS) and responses to public comment begin

Summer 2010 –

•        the FEIS and responses to public comments are completed

•        the FEIS is approved by DOI and released to the public

•        the Notice of Availability for the FEIS is published in the Federal Register

Fall 2010 –

•        the Record of Decision (ROD) is drafted and signed

•        the summary of the ROD is published in the Federal Register

•        the final regulatory analyses and final rule are prepared for OMB review

Winter 2011 –

•        the final rule is approved by DOI and published in the Federal Register

In closing, I hope you have a great fall fishing season. Thank you for all you do to support Cape Hatteras National Seashore!

Best wishes,

Mike Murray

Superintendent, Outer Banks Group