Freedom to Fish Act

(This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.)

Freedom to Fish Act - Requires the Chief of the Army Corps of Engineers to: (1) cease implementing and enforcing, until two years after enactment of this Act, any restricted area for hazardous waters at dams and other civil works structures in the Cumberland River Basin that the Chief established or modified between August 1, 2012, and the day before the enactment of this Act; and (2) remove any permanent physical barriers constructed in connection with such area.

Requires the Chief, before establishing any such restricted area after this Act's enactment, to: (1) ensure that any restrictions are based on operational conditions that create hazardous waters, and (2) publish and seek and consider public comment on a draft describing the restricted area. Prohibits the Chief from: (1) implementing or enforcing the restricted area until two years after this Act's enactment, or (2) taking any action to establish a permanent physical barrier in connection with such area. (Excludes the installation and maintenance of measures for alerting the public of hazardous water conditions as such a permanent physical barrier.)

Makes enforcement of a restricted area the sole responsibility of the state in which such area is located.

Prohibits the Chief from assessing any penalty for entering a restricted area of public park and recreational facilities at water resource development projects.

[113th Congress Public Law 13]
[From the U.S. Government Publishing Office]



[[Page 127 STAT. 449]]

Public Law 113-13
113th Congress

                                 An Act


 
   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. <<NOTE: June 3, 2013 -  [S. 
                                 982]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Freedom to Fish 
Act.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom to Fish Act''.
SEC. 2. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.

    (a) Definitions.--In this Act:
            (1) Restricted area.--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 regulation entitled ``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.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.

    (b) <<NOTE: Time period.>>  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--
            (1) <<NOTE: Effective date.>> cease implementing and 
        enforcing the restricted area until the date that is 2 years 
        after the date of enactment of this Act; and
            (2) remove any permanent physical barriers constructed in 
        connection with the restricted area.

    (c) Establishing New Restricted Area.--If, on or after the date of 
enactment of this Act, the Secretary establishes any restricted area, 
the Secretary shall--
            (1) ensure that any restrictions are based on operational 
        conditions that create hazardous waters;
            (2) <<NOTE: Publication. Public comment.>>  publish a draft 
        describing the restricted area and seek and consider public 
        comment on that draft prior to establishing the restricted area;
            (3) <<NOTE: Effective date.>>  not implement or enforce the 
        restricted area until the date that is 2 years after the date of 
        enactment of this Act; and
            (4) not take any action to establish a permanent physical 
        barrier in connection with the restricted area.

[[Page 127 STAT. 450]]

    (d) Exclusions.--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.
    (e) Enforcement.--
            (1) In general.--Enforcement of a restricted area shall be 
        the sole responsibility of the State in which the restricted 
        area is located.
            (2) Existing authorities.--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).

    Approved June 3, 2013.

LEGISLATIVE HISTORY--S. 982:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 159 (2013):
            May 16, considered and passed Senate.
            May 21, considered and passed House.

                                  <all>