113TH CONGRESS 

1ST SESSION S. 982 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 982 ES

1 SECTION 1. SHORT TITLE. 

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

3 SEC. 2. RESTRICTED AREAS AT CORPS OF ENGINEERS 

4 DAMS. 

5 (a) DEFINITIONS.—In this Act: 

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

7 area’’ means a restricted area for hazardous waters 

8 at dams and other civil works structures in the 

9 Cumberland River basin established in accordance 

10 with chapter 10 of the regulation entitled ‘‘Project 

11 Operations: Navigation and Dredging Operations 

12 and Maintenance Policies’’, published by the Corps 

13 of Engineers on November 29, 1996, and any re14 lated regulations or guidance. 

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

16 the Secretary of the Army, acting through the Chief 

17 of Engineers. 

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

19 has established a restricted area or modified an existing 

20 restricted area during the period beginning on August 1, 

21 2012, and ending on the day before the date of enactment 

22 of this Act, the Secretary shall— 

23 (1) cease implementing and enforcing the re24 stricted area until the date that is 2 years after the 

25 date of enactment of this Act; and 
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1 (2) remove any permanent physical barriers 

2 constructed in connection with the restricted area. 

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

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

5 establishes any restricted area, the Secretary shall— 

6 (1) ensure that any restrictions are based on 

7 operational conditions that create hazardous waters; 

8 (2) publish a draft describing the restricted 

9 area and seek and consider public comment on that 

10 draft prior to establishing the restricted area; 

11 (3) not implement or enforce the restricted area 

12 until the date that is 2 years after the date of enact13 ment of this Act; and 

14 (4) not take any action to establish a perma15 nent physical barrier in connection with the re16 stricted area. 

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

18 installation and maintenance of measures for alerting the 

19 public of hazardous water conditions and restricted areas, 

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

21 considered to be a permanent physical barrier. 

22 (e) ENFORCEMENT.— 

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

24 area shall be the sole responsibility of the State in 

25 which the restricted area is located. 
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†S 982 ES

1 (2) EXISTING AUTHORITIES.—The Secretary 

2 shall not assess any penalty for entrance into a re3 stricted area under section 4 of the Act entitled ‘‘An 

4 Act authorizing the construction of certain public 

5 works on rivers and harbors for flood control, and 

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

7 (16 U.S.C. 460d). 

Passed the Senate May 16, 2013. 

Attest: 

Secretary. 

113TH CONGRESS 

1ST SESSION S. 982 

AN ACT 

To prohibit the Corps of Engineers from taking 

dam, and for other purposes. hibiting public access to waters downstream of a certain actions to establish a restricted area pro-