[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 982 Enrolled Bill (ENR)]

        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.
    (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.