IN THE SENATE OF THE UNITED STATES
To prohibit the Corps of Engineers from taking certain actions to establish a restricted area prohibiting public access to waters downstream of a dam, and for other purposes.
This Act may be cited as the
Freedom to Fish
Restricted areas at corps of engineers dams
In this Act:
The term restricted area means
a restricted area for hazardous waters at dams and other civil works structures
in the Cumberland River basin established in accordance with chapter 10 of the
Project Operations: Navigation and Dredging
Operations and Maintenance Policies, published by the Corps of
Engineers on November 29, 1996, and any related regulations or guidance.
The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.
Existing Restricted Area
If the Secretary has established a restricted area or modified an existing restricted area during the period beginning on August 1, 2012, and ending on the day before the date of enactment of this Act, the Secretary shall—
cease implementing and enforcing the restricted area until the date that is 2 years after the date of enactment of this Act; and
remove any permanent physical barriers constructed in connection with the restricted area.
Establishing new restricted area
If, on or after the date of enactment of this Act, the Secretary establishes any restricted area, the Secretary shall—
ensure that any restrictions are based on operational conditions that create hazardous waters;
publish a draft describing the restricted area and seek and consider public comment on that draft prior to establishing the restricted area;
not implement or enforce the restricted area until the date that is 2 years after the date of enactment of this Act; and
not take any action to establish a permanent physical barrier in connection with the restricted area.
For purposes of this section, the installation and maintenance of measures for alerting the public of hazardous water conditions and restricted areas, including sirens, strobe lights, and signage, shall not be considered to be a permanent physical barrier.
Enforcement of a restricted area shall be the sole responsibility of the State in which the restricted area is located.
The Secretary shall not assess any penalty
for entrance into a restricted area under
section 4 of the Act entitled
An Act authorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes, approved
December 22, 1944 (
16 U.S.C. 460d
Passed the Senate May 16, 2013.