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Catch & Release
05-16-2013, 03:14 PM
From Doug Markham:
Verbiage From Legislation Set To Stop Corps of Engineers Takeover Of Our Waters.

DOUG NOTE: The following is text from the MUCH larger Water Resources Development Act. Much of it is similar to the Freedom To Fish Act language. Again, thanks very much to Senator Lamar Alexander for pursuing this in the U.S. Senate and to Kentucky Congressman Ed Whitfield for following it in the House of Representatives, where we hope it is passed soon for the President’s signature. I have heard, too, that the Nashville District is moving forward with its buoys and signs, spending more money while serious legislation pends. I have asked many times, what is the real reason behind this? I plan to file a second FOIA request if I don't hear from the Corps of Engineers this week. I'm going to ask again when all the purchasing began and how much has been spent? Also, Senator Alexander has been tentatively booked as a guest on the second hour of my show this Saturday (approximately 6:30 a.m. on 99.7 WTN)

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Water Resources Development Act (page 192 is where this begins in the bill passed by the Senate. It is Section 2058 for those who look up the WRDA for 2013)
.
. 8 SEC. 2058. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.
. 10 (a) DEFINITIONS.—In this section:
. 11 (1) RESTRICTED AREA.—The term ‘‘restricted
. 12 area’’ means a restricted area for hazardous waters
. 13 at dams and other civil works structures in the
. 14 Cumberland River basin established pursuant to
. 15 chapter 10 of the regulation entitled ‘‘Project Oper-
. 16 ations: Navigation and Dredging Operations and
. 17 Maintenance Policies’’, published by the Corps of
. 18 Engineers on November 29, 1996, and any related
. 19 regulations or guidance.
. 20 (2) STATE.—The term ‘‘State’’ means the ap-
. 21 plicable agency of the State (including an official of
. 22 that agency) in which the applicable dam is located
. 23 that is responsible for enforcing boater safety.
. 24 (b) RESTRICTION ON PHYSICAL BARRIERS.—Subject
. 25 to subsection (c), the Secretary, acting through the
.
1 of Engineers, in the establishing and enforcing restricted
. 2 areas, shall not take any action to establish a permanent
. 3 physical barrier to prevent public access to waters down-
. 4 stream of a dam owned by the Corps of Engineers.
. 5 (c) EXCLUSIONS.—For purposes of this section, the
. 6 installation and maintenance of measures for alerting the
. 7 public of hazardous water conditions and restricted areas,
. 8 including sirens, strobe lights, and signage, shall not be
. 9 considered to be a permanent physical barrier under sub-
. 10 section (b).
. 11 (d) ENFORCEMENT.—
. 12 (1) IN GENERAL.—Enforcement of a restricted
. 13 area shall be the sole responsibility of a State.
. 14 (2) EXISTING AUTHORITIES.—The Secretary
. 15 shall not assess any penalty for entrance into a re-
. 16 stricted area under section 4 of the Act entitled ‘‘An
. 17 Act authorizing the construction of certain public
. 18 works on rivers and harbors for flood control, and
. 19 for other purposes’’, approved December 22, 1944
. 20 (16 U.S.C. 460d).
. 21 (e) DEVELOPMENT OR MODIFICATION OF RE-
. 22 STRICTED AREAS.—In establishing a new restricted area
. 23 or modifying an existing restricted area, the Secretary
. 24 shall—
194(1) ensure that any restrictions are based on
operational conditions that create hazardous waters; and
(2) publish a draft describing the restricted area and seek and consider public comment on that draft prior to establishing or modifying any re- stricted area.(f) EFFECTIVE DATE.—
(1) IN GENERAL.—Subject to paragraph (2), this section shall apply to the establishment of a new restricted area or the modification of an existing re- stricted area on or after August 1, 2012.
(2) EXISTING RESTRICTIONS.—If the Secretary, acting through the Chief of Engineers, has established a new restricted area or modified an existing restricted area during the period beginning on August 1, 2012, and ending on the date of enactment of this Act, the Secretary shall—
(A) cease implementing the restricted area until the later of—
(i) such time as the restricted area meets the requirements of this section; and (ii) the date that is 2 years after the
date of enactment of this Act; and
195(B) remove any permanent physical barriers constructed in connection with the restricted area.

m Doug Markham: