Sec. 2058. Restricted areas at Corps of Engineers dams
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In this section: The term restricted area means a restricted area for hazardous waters at dams and other civil works structures in the Cumberland River basin established pursuant to 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. The term State means the applicable agency of the State (including an official of that agency) in which the applicable dam is located that is responsible for enforcing boater safety.
Subject to subsection (c), the Secretary, acting through the Chief of Engineers, in the establishing and enforcing restricted areas, shall not take any action to establish a permanent physical barrier to prevent public access to waters downstream of a dam owned by the Corps of Engineers. 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 under subsection (b).
Enforcement of a restricted area shall be the sole responsibility of a State. 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 ). In establishing a new restricted area or modifying an existing restricted area, the Secretary shall— ensure that any restrictions are based on operational conditions that create hazardous waters; and publish a draft describing the restricted area and seek and consider public comment on that draft prior to establishing or modifying any restricted area.
Subject to paragraph (2), this section shall apply to the establishment of a new restricted area or the modification of an existing restricted area on or after August 1, 2012. 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— cease implementing the restricted area until the later of— such time as the restricted area meets the requirements of this section; and the date that is 2 years after the date of enactment of this Act; and remove any permanent physical barriers constructed in connection with the restricted area.
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Sec. 2058
Restricted areas at Corps of Engineers dams
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