Text: S.982 — 113th Congress (2013-2014)All Information (Except Text)
Public Law No: 113-13 (06/03/2013)
[113th Congress Public Law 13]
[From the U.S. Government Publishing Office]
[[Page 127 STAT. 449]]
Public Law 113-13
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. <<NOTE: June 3, 2013 - [S.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Freedom to Fish
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) <<NOTE: Time period.>> 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
(1) <<NOTE: Effective date.>> 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) <<NOTE: Publication. Public comment.>> publish a draft
describing the restricted area and seek and consider public
comment on that draft prior to establishing the restricted area;
(3) <<NOTE: Effective date.>> 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.
[[Page 127 STAT. 450]]
(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.
(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.
Approved June 3, 2013.
LEGISLATIVE HISTORY--S. 982:
CONGRESSIONAL RECORD, Vol. 159 (2013):
May 16, considered and passed Senate.
May 21, considered and passed House.