[Congressional Record Volume 159, Number 69 (Thursday, May 16, 2013)]
[Senate]
[Pages S3584-S3585]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          FREEDOM TO FISH ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 982, introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 982) 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.

  There being no objection, the Senate proceeded to consider the bill.

[[Page S3585]]

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the bill 
be read a third time and passed, and the motion to reconsider be laid 
upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 982) was ordered to be engrossed for a third reading, 
was read the third time and passed, as follows:

                                 S. 982

       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).

  Mr. McCONNELL. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  Mr. COWAN. Without objection, it is so ordered.

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