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Freedom to Fish Act
Great Seal of the United States
Full title 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.
Introduced in 113th United States Congress
Introduced on May 16, 2013
Sponsored by Senator Lamar Alexander (R-TN)
Number of co-sponsors 0
Effects and codifications
Act(s) affected Flood Control Act of 1944
U.S.C. section(s) affected 16 U.S.C. § 460d
Agencies affected United States Department of the Army
[S. 982 Legislative history]
  • Introduced in the Senate as S. 982 by Senator Lamar Alexander (R-TN) on May 16, 2013
  • Passed the Senate on May 16, 2013 (Unanimous consent)
  • Passed the House on May 21, 2013 (Voice vote)
  • Signed into law by President Barack Obama on June 3, 2013

The Freedom to Fish Act is a law that temporarily stopped plans by the United States Army Corps of Engineers to block public access to certain fishing spots. These spots are called "tailwaters" and are found along the Cumberland River in Kentucky and Tennessee.

Tailwaters are the areas right after a structure like a dam. They often have great fishing. In 2012, the Army Corps of Engineers announced they would close these areas for safety reasons. This law put a two-year pause on those closures.

This bill became a law during the 113th United States Congress. President Barack Obama signed it on June 3, 2013.

What the Freedom to Fish Act Does

This law tells the Chief of the United States Army Corps of Engineers to do a few things:

  • For two years after the law started, they must stop closing or limiting access to dangerous water areas near dams in the Cumberland River Basin. These are areas they had closed or changed between August 1, 2012, and the day before this law began.
  • They also have to remove any permanent fences or barriers they built in these areas.

The Freedom to Fish Act also says that if the Army Corps of Engineers wants to close any areas in the future, they must:

  • Make sure the closures are only because of truly dangerous water conditions.
  • Share their plans with the public and ask for their opinions. They must consider what people say.
  • They cannot close any new areas or build permanent barriers for two years after this law started. However, they can still put up signs or other ways to warn people about dangerous water.

Finally, this law states that if an area is restricted, the state where it is located is responsible for enforcing the rules. The Army Corps of Engineers cannot fine people for entering a restricted area in public parks or recreation spots near water projects.

How the Law Was Passed

In the Senate

Senator Lamar Alexander from Tennessee introduced the Freedom to Fish Act (Senate Bill 982) in the United States Senate on May 16, 2013. The Senate approved the bill later that same day. They passed it by unanimous consent, which means everyone present agreed to it without a formal vote.

In the House of Representatives

The Freedom to Fish Act then went to the United States House of Representatives on May 20, 2013. The House passed the bill on May 21, 2013, by a voice vote. This means members said "aye" or "no" aloud, and the Speaker decided which side had more votes.

Presidential Approval

The Freedom to Fish Act was sent to President Barack Obama on May 22, 2013. He signed it into law on June 3, 2013.

Why This Law Was Important

Senators Rand Paul, Mitch McConnell, Lamar Alexander, and Bob Corker all supported this bill. These four senators represent the states most affected by the proposed closures: Tennessee and Kentucky.

Senator Paul said he supported the law because it helped protect the jobs of many business owners and fishermen. He also felt it stopped the "bureaucratic overreach" of the Army Corps. This means he thought the Army Corps was going too far with its rules.

Representative Ed Whitfield from Kentucky also worked to get the law passed. He met with members of the Army Corps of Engineers. He tried to get them to allow more public input on their decision to close the tailwaters.

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