Freedom to Fish Act

Bill: 113-s-982
Sponsor: full_name: Sen. Alexander, Lamar [R-TN]
Introduced: 2013-05-16
Policy area: Water Resources Development
Subjects: Administrative law and regulatory procedures

Army Corps of Engineers

Dams and canals

Department of Defense

Hunting and fishing

Kentucky

Lakes and rivers

Tennessee
Latest action: action_date: 2013-06-03
text: Became Public Law No: 113-13.

Summaries:
action_date: 2013-05-16
action_desc: Introduced in Senate
text: <p>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.</p> <p>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.)</p> <p>Prohibits the Chief from assessing any penalty for entering a restricted area of public park and recreational facilities at water resource development projects.</p>

action_date: 2013-05-16
action_desc: Passed Senate without amendment
text: <p><b>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</b></p> <p>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.</p> <p>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.)</p> <p>Makes enforcement of a restricted area the sole responsibility of the state in which such area is located.</p> <p>Prohibits the Chief from assessing any penalty for entering a restricted area of public park and recreational facilities at water resource development projects.</p>

action_date: 2013-05-21
action_desc: Passed House without amendment
text: <p><b>(This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.)</b></p> <p>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.</p> <p>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.)</p> <p>Makes enforcement of a restricted area the sole responsibility of the state in which such area is located.</p> <p>Prohibits the Chief from assessing any penalty for entering a restricted area of public park and recreational facilities at water resource development projects.</p>

action_date: 2013-06-03
action_desc: Public Law
text: <p><b>(This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.)</b></p> <p>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.</p> <p>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.)</p> <p>Makes enforcement of a restricted area the sole responsibility of the state in which such area is located.</p> <p>Prohibits the Chief from assessing any penalty for entering a restricted area of public park and recreational facilities at water resource development projects.</p>

tv_txt: II 113th CONGRESS 1st Session S. 982 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. Short title This Act may be cited as the Freedom to Fish Act . 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 ).

tv_txt: One Hundred Thirteenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Thursday, the third day of January, two thousand and thirteen S. 982 IN THE SENATE OF THE UNITED STATES 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. Short title This Act may be cited as the Freedom to Fish Act . 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 ).

Speaker of the House of Representatives Vice President of the United States and President of the Senate

tv_txt: 113th CONGRESS 1st Session S. 982 IN THE SENATE OF THE UNITED STATES 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. Short title This Act may be cited as the Freedom to Fish Act . 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 ).

Passed the Senate May 16, 2013. Secretary