Cape Hatteras National Seashore Negotiated Rulemaking Assessment
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Case Background
In early 2005, the National Park Service (NPS) initiated an assessment of the use of motorized vehicles on the Cape Hatteras National Seashore, North Carolina. In response to concerns of stakeholders, the current lack of off-road driving management plan and regulations for the Park, and various pending or filed lawsuits, NPS and CAHA sought to explore the feasibility of using a negotiated rulemaking process. The negotiated rulemaking process is based on the principle that agencies can create better regulations by developing new rules jointly with the people affected by the contemplated rule. Negotiated rulemaking is a consensus-based decision making process. The parties involved in the negotiation process agree in advance that they seek an agreement that all the members of the negotiating committee can live with.
Using the services of the U.S. Institute for Environmental Conflict Resolution, the National Park Service selected a team of neutral mediators to conduct the Feasibility Assessment. The assessment team selected consists of Patrick Field, Managing Director of the Consensus Building Institute (CBI), Robert Fisher, Senior Mediator at Fisher Collaborative Services, and Ona Ferguson of CBI.
CBI Approach
Between April and May of 2005, the Assessment Team conducted confidential interviews with fifty-five (55) stakeholders regarding their experience with the current management of the Seashore and their ideas for future management and regulations. The purpose of this Feasibility Assessment is to evaluate whether a consensus-based negotiation process could be convened and, if so, whether it is likely to be successful in resolving issues around CAHA vehicle use management and regulations.
In June of 2005, the Team released a draft of the Assessment to the interviewees for comment. Included in that draft was a recommendation to proceed with a pre-convening. The pre-convening process sought to identify proposed representatives from stakeholder groups who would sit on a negotiated rulemaking committee. This was the first step in convening a negotiated rulemaking, should the process proceed. Proposing representatives to a possible process did not commit an organization to participating in the potential reg neg.
Outcomes
Neither the National Park Service (NPS) nor the stakeholders have yet finally determined if to
go forward with the process. The Assessment Team issued a final Feasibility Assessment in the spring of 2006, and that report includes a proposed list of representatives and alternates for a negotiated rulemaking committee, should one go forward. After the release of the final report, the NPS and its stakeholders will determine whether to proceed with the process.
For more information on this case, please contact Managing Director Patrick Field.
