II 

113TH CONGRESS 

1ST SESSION S. 982 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2013 

Mr. ALEXANDER (for himself, Mr. MCCONNELL, Mr. PAUL, and Mr. CORKER) 

introduced the following bill; which was read twice, considered, read the 

third time, and passed 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom to Fish Act’’. 

5 SEC. 2. RESTRICTED AREAS AT CORPS OF ENGINEERS 

6 DAMS. 

7 (a) DEFINITIONS.—In this Act: 


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1 (1) RESTRICTED AREA.—The term ‘‘restricted 

2 area’’ means a restricted area for hazardous waters 

3 at dams and other civil works structures in the 

4 Cumberland River basin established in accordance 

5 with chapter 10 of the regulation entitled ‘‘Project 

6 Operations: Navigation and Dredging Operations 

7 and Maintenance Policies’’, published by the Corps 

8 of Engineers on November 29, 1996, and any re9 lated regulations or guidance. 

10 (2) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Army, acting through the Chief 

12 of Engineers. 

13 (b) EXISTING RESTRICTED AREA.—If the Secretary 

14 has established a restricted area or modified an existing 

15 restricted area during the period beginning on August 1, 

16 2012, and ending on the day before the date of enactment 

17 of this Act, the Secretary shall— 

18 (1) cease implementing and enforcing the re19 stricted area until the date that is 2 years after the 

20 date of enactment of this Act; and 

21 (2) remove any permanent physical barriers 

22 constructed in connection with the restricted area. 

23 (c) ESTABLISHING NEW RESTRICTED AREA.—If, on 

24 or after the date of enactment of this Act, the Secretary 

25 establishes any restricted area, the Secretary shall— 


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1 (1) ensure that any restrictions are based on 

2 operational conditions that create hazardous waters; 

3 (2) publish a draft describing the restricted 

4 area and seek and consider public comment on that 

5 draft prior to establishing the restricted area; 

6 (3) not implement or enforce the restricted area 

7 until the date that is 2 years after the date of enact8 ment of this Act; and 

9 (4) not take any action to establish a perma10 nent physical barrier in connection with the re11 stricted area. 

12 (d) EXCLUSIONS.—For purposes of this section, the 

13 installation and maintenance of measures for alerting the 

14 public of hazardous water conditions and restricted areas, 

15 including sirens, strobe lights, and signage, shall not be 

16 considered to be a permanent physical barrier. 

17 (e) ENFORCEMENT.— 

18 (1) IN GENERAL.—Enforcement of a restricted 

19 area shall be the sole responsibility of the State in 

20 which the restricted area is located. 

21 (2) EXISTING AUTHORITIES.—The Secretary 

22 shall not assess any penalty for entrance into a re23 stricted area under section 4 of the Act entitled ‘‘An 

24 Act authorizing the construction of certain public 

25 works on rivers and harbors for flood control, and 


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1 for other purposes’’, approved December 22, 1944 

2 (16 U.S.C. 460d). 

Æ 


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