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Public Meetings

The Nashville District held four public meetings to inform marinas and citizens about floating cabins in the Cumberland River Basin.  They were held on the dates and locations below.

Monday, June 22, 2015 (Nashville Area): Metropolitan Police Headquarters Public Building at 3701 James Kay Lane in Hermitage, Tenn. (Zip 37076)

Monday, June 29, 2015 (Eastern Kentucky Area): Center for Rural Development at 2292 US-27 #300 in Somerset, Ky.  (Zip 42501)

Wednesday, July 1, 2015 (Western Kentucky Area): Lee S. Jones Convention Building in Eddyville, Ky. (Zip 42064)

Thursday, July 2, 2015 (Mid-Cumberland Area): Upperman High School at 6950 Nashville Highway in Baxter, Tenn. (Zip 38544)

Cumberland River Basin Floating Cabins Information

The U.S. Army Corps of Engineers Nashville District is posting information to this web page regarding the implementation of Section 1035 of the Water Resource Reform and Development Act of 2014. Headquarters USACE has established policies, procedures and responsibilities to be used to evaluate any requests it receives regarding the addition of floating cabins and associated docks in the Cumberland River Basin.

Frequently Asked Questions & Answers

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Click here to expand contentClick here to collapse content  Why is USACE allowing marina operators on USACE projects in the Cumberland River Basin to have floating cabins at their marina?
USACE has been directed to do so by Congressional legislation – Water Resources Reform and Development Act of 2014, Section 1035.
Click here to expand contentClick here to collapse content  What is the status of the implementation guidance related to the permitting of floating cabins on the Cumberland River Basin?
USACE guidance has been completed as of May 26, 2015.
Click here to expand contentClick here to collapse content  Are public health and safety standards addressed in the implementation guidance?
Yes, floating cabins must be located within a leased USACE marina, and on a USACE project within the Cumberland River Basin. A floating cabin must also be in compliance with regulations for recreational vessels issued under chapter 43 of title 46, United States Code, section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322), maintained by the owner to required health and safety standards, and subject to certain additional requirements, including operating restrictions that protect Congressionally authorized project purposes, including flood control.
Click here to expand contentClick here to collapse content  Explain the requirements for reasonable measures to preserve the integrity and operation of USACE’s congressionally required flood control mission?
USACE is responsible for carrying out and safeguarding the legislatively authorized missions of its projects to insure those missions are not jeopardized currently and/or in the future. The ability to properly operate the project to achieve these missions, the ability to safeguard its resources to ensure our current and future abilities to achieve the missions, and requirements to maintain project security to protect the wellbeing of the public and its investment in the project dictate the need for reasonable measures. An example of a reasonable measure is the ability of the floating cabin to be removed from the water, placed on a trailer, and transported in accordance with transportation standards for required maintenance or in the event of drought, flood, or other emergency.
Click here to expand contentClick here to collapse content  Who will enforce compliance?
The marina operator will be required to enforce compliance with the policy, checklist and other supporting documents along with the requirements of the outgrant language for floating cabins. Also, a private owner renting a designated floating cabin slip will also be required to comply with the policy, checklist, certification, and wavier of liability under its agreement with the marina operator. Violations of the marina outgrant provisions will be addressed by USACE Nashville District.
Click here to expand contentClick here to collapse content  When will the implementation guidance go into effect?
Implementation guidance is currently in effect as of May 26, 2015. However, marina operators must submit development/modification plans, obtain Nashville District approval, and have their marina outgrant modified accordingly to include floating cabins. Meetings have been scheduled in the Nashville District. Please see the section titled “Public Meetings” on the website.
Click here to expand contentClick here to collapse content  What will marina operator’s need to do to be permitted to have floating cabins within their lease?
A marina operator must submit a proposal for incorporating floating cabins into a leased marina footprint; as a modification to an existing marina outgrant or for inclusion into a proposed new marina outgrant footprint. The proposed conceptual development plan, designated footprint and associated proposal must clearly define and earmark the specific locations of all proposed floating cabins within the modified or proposed marina outgrant. The floating cabins can be established in a phased approach over the outgrant timeframe provided the proposal and associated documents clearly indicate the specific date, number, and location of each development phase. Marina operators who wish to submit proposals for floating cabins should contact their Resource Manager to begin the process.
Click here to expand contentClick here to collapse content  Why will the marina operator only be allowed to rent one of their floating cabins to an individual for 30 days within a consecutive 60 day period?
This is in compliance with the terms of the lease agreement for length of stay, permanent occupancy, and private exclusive use.
Click here to expand contentClick here to collapse content  Why will the marina only be allowed to rent a designated floating cabin slip to a privately held floating cabin for 30 days in a consecutive 60 day period?
This is in compliance with the terms of the lease agreement for length of stay, permanent occupancy, and private exclusive use.
Click here to expand contentClick here to collapse content  What is the purpose of having the marina operator complete a checklist for every rental of a floating cabin and designated floating cabin slip?
The checklist will ensure compliance with the spirit of the legislation’s requirement for health and safety standards and other reasonable measures to protect the integrity of the federal project. The lessee and the renter will be required to complete and sign a floating cabin checklist. When renting a designated floating cabin slip, the private owner of a floating cabin and the lessee will also complete and sign the checklist. In either instance, all parties will receive a signed copy of the checklist to assist them in assuring applicable health and safety standards and reasonable measures are met.
Click here to expand contentClick here to collapse content  What is the purpose of the Certification and Acknowledgement and Release of Liability Forms?
The Certification will document compliance with applicable laws, regulations, and health and safety standards. Both parties will also be required to sign an Acknowledgment and Release of Liability to hold the United States and its officers, agents and employees harmless for any and all liabilities and losses.
Click here to expand contentClick here to collapse content  Does USACE want floating cabins in marinas?
In accordance with WRRDA 2014 Section 1035 legislation, floating cabins have been authorized within outgranted marinas on USACE projects within the Cumberland River Basin. Therefore, USACE has developed policy and guidance within the parameters of the legislation.
Click here to expand contentClick here to collapse content  What is the difference in what Tennessee Valley Authority (TVA) and USACE is doing concerning floating cabins?
There has been much confusion within the region. The two agencies operate their own projects under their own separate authorities and the policy and guidance to implement the authorizations is very different. USACE has developed its own floating cabin policy in accordance with WRRDA 2014 Section 1035 legislation. TVA authorizations are not part of the WRRDA 2014 legislation.
Click here to expand contentClick here to collapse content  Is the policy applicable to marina’s under the jurisdiction of the Louisville District?
The law is specifically applicable to the Cumberland River Basin only.  The Cumberland River is outside of this jurisdiction and the Louisville District does not have any projects within the basin.

WRRDA 2014 Section 1035

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Click here to expand contentClick here to collapse content  Click here to see full text of WRRDA 2014 Section 1035
 

SEC. 1035. RECREATIONAL ACCESS.

(a) DEFINITION OF FLOATING CABIN.—In this section, the term ‘‘floating cabin’’ means a vessel (as defined in section 3 of title 1, United States Code) that has overnight accommodations.

(a) DEFINITION OF FLOATING CABIN.—In this section, the term ‘‘floating cabin’’ means a vessel (as defined in section 3 of title 1, United States Code) that has overnight accommodations.

(b) RECREATIONAL ACCESS.—The Secretary shall allow the use of a floating cabin on waters under the jurisdiction of the Secretary in the Cumberland River basin if —

(1) the floating cabin —

(A) is in compliance with regulations for recreational vessels issued under chapter 43 of title 46, United States Code, and section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322);

(B) is located at a marina leased by the Corps of Engineers; and

(C) is maintained by the owner to required health and safety standards; and

(2) the Secretary has authorized the use of recreational vessels on such waters.

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