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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 982 Considered and Passed Senate (CPS)]

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.

    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.
    (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).
                                 <all>
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