Mille Lacs Lake Freedom To Fish Act of 2012

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5797) to amend title 46, United States Code, with respect to Mille Lacs Lake, Minnesota, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous materials on H.R. 5797.

Mr. Speaker, I yield myself as much time as I may consume.

Mr. Speaker, in March 2010, the U.S. Coast Guard ruled that Mille Lacs Lake was a federally navigable body of water based on historical interstate commerce.

Specifically, the Coast Guard justified their actions by using a U.S. Army Corps of Engineers determination from 1981 that said because lumberjacks in the 1800s floated logs on Mille Lacs Lake and down the Rum River, Mille Lacs Lake should now be made a federally navigable water body. Currently, the Rum River is dammed in three places, and the same Corps of Engineers report said that the dams prohibit through navigation. In addition,

two previous Army Corps determinations in 1931 and 1974 also considered the river nonnavigable.

I would like to submit the U.S. Coast Guard determination for the Record.

Memorandum

From: D. L. Nichols, CAPT, USCG, CGD Eight (dl).

To: S. L. Hudson, CAPT, USCG, CG Sector Upper Mississippi

River (s).

Subj: Navigability Determination for Mille Lacs Lake,

Minnesota.

Ref: (a) 33 C.F.R. Sec. 2.36; (b) 33 C.F.R. Sec. 3.40-1; (c)

33 C.F.R. Sec. 3.45-1.

1. For the purpose of determining its jurisdictional

authority, the Coast Guard has determined that Mille Lacs

Lake is a ``navigable waterway of the United States.''

2. The geographic boundary between the Eighth Coast Guard

District and the Ninth Coast Guard District currently runs

through Mille Lacs Lake. This navigability determination is

for the entirety of Mille Lacs Lake. The Ninth District Legal

Staff has reviewed and agrees with this determination.

3. No federal statute addresses the navigability of Mille

Lacs Lake, and no federal court has determined the

navigability of the waterway. Furthermore, Mille Lacs Lake is

not subject to tidal influence. This navigability

determination is based on the historical use of the waterway.

Specifically, Mille Lacs Lake has been used, in connection

with other waters, as a highway for substantial interstate or

foreign commerce.

4. Navigability determinations are administrative findings

based on the criteria set forth in 33 C.F.R. 2.36. The

precise definitions of ``navigable waters of the United

States'' and ``navigability'' are dependent ultimately on

judicial interpretation and cannot be made conclusively by

administrative agencies.

5. This opinion solely represents the opinion of the Coast

Guard as to the extent of its own jurisdiction to enforce

laws and regulations, and does not represent an opinion as to

the extent of the jurisdiction of the United States or any of

its agencies.

I thank my respected colleague for his kind remarks, and I ask my colleagues to join me in supporting this important legislation to Minnesota.

I yield back the balance of my time, as well.

Mr. Speaker, I yield myself as much time as I may consume.

Mr. Speaker, H.R. 5797 exempts the owners and operators of small passenger vessels operating on Mille Lacs

Lake in central Minnesota from U.S. Coast Guard licensing and inspection requirements.

This bill provides rather narrow regulatory relief. However, because this bill was rushed to legislation, to markup without first having a hearing on the bill itself or having the Subcommittee on Coast Guard and Maritime Transportation consider the specific bill, no one can say for sure what consequences might arise in the future. My concerns are somewhat allayed by learning the State of Minnesota has an adequate program to regulate vessels operating on its inland lakes, including Mille Lacs.

Nonetheless, the Coast Guard has expressed concerns that the limitations imposed on its vessel safety authorities by this bill could create uncertainty and some confusion among the boating public, especially regarding marine casualty investigations and maritime liability.

Notwithstanding these objections, and because the bill, as reported, would no longer vacate the Coast Guard's 2010 determination that Mille Lacs Lake is navigable, I do not object to the bill moving forward today.

With that, I yield back the balance of my time.