Freedom to Fish Act
Public Law 113–13, as amended
Freedom to Fish Act
13
115–270
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
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GPO Statute Compilations USLM converter, version 20210527.1
2021-10-15
Freedom to Fish Act
10522
113
2013-06-03
Freedom to Fish Act
[(Public Law 113–13)]
[As Amended Through P.L. 115–270, Enacted October 23, 2018]
[Currency: This publication is a compilation of the text of Public Law 113–13. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
AN ACTTo 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 5 years after the date of enactment of the Water Resources Development Act of 2018; and
(2) remove any permanent physical barriers constructed in connection with the restricted area.
(c) Establishing New or Modified Restricted Area.—If, on or after the date of enactment of this Act, the Secretary establishes any new or modified 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 5 years after the date of enactment of the Water Resources Development Act of 2018; 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).