S. 982 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and thirteen 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

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) 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) 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) publish a draft describing the restricted area and seek 

and consider public comment on that draft prior to establishing 

the restricted area; 

(3) 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. 
S. 982—2 

(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). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.