,i #aafth ,,congress #ast ,session ,h4 ,r4 #ceif ,,in ,,the ,,house ,,of ,,representatives ,june #bh1 #bjai,ms4 ,pingree 7for herself1 ,mr4 ,wittman1 ,mr4 ,huffman1 ,mr4 ,rouda1 ,mr4 ,carbajal1 and ,mr4 ,keating7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,coastal ,zone ,management ,act of #aigb to establish a ,working ,waterfront ,task ,force and a working waterfronts grant program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,keep ,america's ,waterfronts ,working ,act4 #b4 ,working ,waterfronts ,grant ,program ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 is amended by adding at the end the following3 #cbj4 ,working ,waterfronts ,grant ,program 7a7 ,findings and purpose 7#a7 ,findings ,the ,congress finds the following3 7,a7 ,water-dependent commercial activities are the economic and cultural heart of many coastal communities4 ,these activities include commercial fishing1 recreational fishing businesses1 aquaculture1 boatbuilding1 transportation1 and many other water-dependent businesses4 7,b7 ,water-dependent commercial activities depend on coastal access in the form of-- 7i7 docks1 wharfs1 boat lifts1 wet and dry marinas1 and boat ramps2 7ii7 boat hauling1 repair1 and construction facilities2 7iii7 commercial fishing facilities2 and 7iv7 other support structures on1 over1 or adjacent to navigable bodies of water4 7,c7 ,the coastal zone of the ,united ,states is experiencing rising property values and taxes1 and related development pressure1 as more people move to the coastal zone and as coastal areas experience a demographic shift favoring wealthier individuals4 7,d7 ,the coastal zone is facing numerous challenges due to extreme weather events1 sea level rise1 and other changes4 7,e7 ,privately owned access areas for water-dependent commercial activity in many ,states are under increasing threat from private residential development and other conversion4 ,such development and investment is often not conducted in ways that accounts for resilience4 7,f7 ,loss of access for water-dependent commercial activity would have economically and culturally devastating consequences for many coastal communities4 7#b7 ,purpose ,the purpose of this section is to preserve and protect coastal access for persons engaged in water-dependent commercial activities1 including commercial fishing1 recreational fishing businesses1 aquaculture1 boatbuilding1 or other water-dependent coastal-related businesses4 7b7 ,working waterfront task force 7#a7 ,establishment and functions ,the ,secretary of ,commerce shall establish a task force to work directly with coastal ,states1 user groups1 and coastal stakeholders to identify and address critical needs with respect to working waterfronts4 7#b7 ,membership ,the members of the task force shall be appointed by the ,secretary of ,commerce1 and shall include-- 7,a7 experts in the unique economic1 social1 cultural1 ecological1 geographic1 and resource concerns of working waterfronts2 and 7,b7 representatives from the ,national ,oceanic and ,atmospheric ,administration's ,office of ,coastal ,management1 the ,united ,states ,fish and ,wildlife ,service1 the ,department of ,agriculture1 the ,environmental ,protection ,agency1 the ,united ,states ,geological ,survey1 the ,navy1 the ,national ,marine ,fisheries ,service1 the ,economic ,development ,agency1 and such other ,federal agencies as the ,secretary considers appropriate4 7#c7 ,functions ,the task force shall-- 7,a7 identify and prioritize critical needs with respect to working waterfronts in ,states that have a management program approved by the ,secretary of ,commerce pursuant to section #cjf1 in the areas of-- 7i7 economic and cultural importance of working waterfronts to communities2 7ii7 changing environments and threats working waterfronts face from environment changes1 trade barriers1 sea level rise1 extreme weather events1 ocean acidification1 and harmful algal blooms2 and 7iii7 identifying working waterfronts and highlighting them within communities2 7,b7 outline options1 in coordination with coastal ,states and local stakeholders1 to address such critical needs1 including adaptation and mitigation where applicable2 7,c7 identify ,federal agencies that are responsible under existing law for addressing such critical needs2 and 7,d7 recommend ,federal agencies best suited to address any critical needs for which no agency is responsible under existing law4 7#d7 ,information to be considered ,in identifying and prioritizing policy gaps pursuant to paragraph 7#c71 the task force shall consider the findings and recommendations contained in section ,,vi of the report entitled ,the ,sustainable ,working ,waterfronts ,toolkit3 ,final ,report1 dated ,march #bjac4 7#e7 ,report ,not later than #ah months after the date of the enactment of this section1 the task force shall submit a report to ,congress on its findings4 7#f7 ,implementation ,the head of each ,federal agency identified in the report pursuant to paragraph 7#c77;,c7 shall take such action as is necessary to implement the recommendations contained in the report by not later than #a year after the date of the issuance of the report4 7c7 ,working ,waterfront ,grant ,program 7#a7 ,the ,secretary shall establish a ,working ,waterfront ,grant ,program1 in cooperation with appropriate ,state1 regional1 and other units of government1 under which the ,secretary may make a grant to any coastal ,state for the purpose of implementing a working waterfront plan approved by the ,secretary under subsection 7d74 7#b7 ,subject to the availability of appropriations1 the ,secretary shall award matching grants under the ,working ,waterfronts ,grant ,program to coastal ,states with approved working waterfront plans through a regionally equitable1 competitive funding process in accordance with the following3 7,a7 ,the ,governor1 or the lead agency designated by the ,governor for coordinating the implementation of this section1 where appropriate in consultation with the appropriate local government1 shall determine that the application is consistent with the ,state's or territory's approved coastal zone plan1 program1 and policies prior to submission to the ,secretary4 7,b7 ,in developing guidelines under this section1 the ,secretary shall consult with coastal ,states1 other ,federal agencies1 and other interested stakeholders with expertise in working waterfront planning4 7,c7 ,coastal ,states may allocate grants to local governments1 agencies1 or nongovernmental organizations eligible for assistance under this section4 7#c7 ,in awarding a grant to a coastal ,state1 the ,secretary shall consider-- 7,a7 the economic1 cultural1 and historical significance of working waterfront to the coastal ,state2 7,b7 the demonstrated working waterfront needs of the coastal ,state as outlined by a working waterfront plan approved for the coastal ,state under subsection 7d71 and the value of the proposed project for the implementation of such plan2 7,c7 the ability to successfully leverage funds among participating entities1 including ,federal programs1 regional organizations1 ,state and other government units1 landowners1 corporations1 or private organizations2 7,d7 the potential for rapid turnover in the ownership of working waterfront in the coastal ,state1 and where applicable the need for coastal ,states to respond quickly when properties in existing or potential working waterfront areas or public access areas as identified in the working waterfront plan submitted by the coastal ,state come under threat or become available2 and 7,e7 the impact of the working waterfront plan approved for the coastal ,state under subsection 7d7 on the coastal ecosystem and the users of the coastal ecosystem4 7#d7 ,the ,secretary shall approve or reject an application for such a grant within #fj days after receiving an application for the grant4 7d7 ,working waterfront plans 7#a7 ,to be eligible for a grant under subsection 7c71 a coastal ,state must submit and have approved by the ,secretary a comprehensive working waterfront plan in accordance with this subsection1 or be in the process of developing such a plan and have an established working waterfront program at the ,state or local level1 or the ,secretary determines that an existing coastal land use plan for that ,state is in accordance with this subsection4 7#b7 ,such plan-- 7,a7 must provide for preservation and expansion of access to coastal waters to persons engaged in commercial fishing1 recreational fishing businesses1 aquaculture1 boatbuilding1 or other water-dependent1 coastal-related business2 7,b7 shall include one or more of-- 7i7 an assessment of the economic1 social1 cultural1 and historic value of working waterfront to the coastal ,state2 7ii7 a description of relevant ,state and local laws and regulations affecting working waterfront in the geographic areas identified in the working waterfront plan2 7iii7 identification of geographic areas where working waterfronts are currently under threat of conversion to uses incompatible with commercial fishing1 recreational fishing businesses1 aquaculture1 boatbuilding1 or other water-dependent1 coastal-related business1 and the level of that threat2 7iv7 identification of geographic areas with a historic connection to working waterfronts where working waterfronts are not currently available1 and1 where appropriate1 an assessment of the environmental impacts of any expansion or new development of working waterfronts on the coastal ecosystem2 7v7 identification of other working waterfront needs including improvements to existing working waterfronts and working waterfront areas2 7vi7 a strategic and prioritized plan for the preservation1 expansion1 and improvement of working waterfronts in the coastal ,state2 7vii7 for areas identified under clauses 7iii71 7iv71 7v71 and 7vi71 identification of current availability and potential for expansion of public access to coastal waters2 7viii7 a description of the degree of community support for such strategic plan2 and 7ix7 a contingency plan for properties that revert to the coastal ,state pursuant to determinations made by the coastal ,state under subsection 7h77#d77;,c72 7,c7 may include detailed environmental impacts on working waterfronts1 including hazards1 sea level rise1 inundation exposure1 and other resiliency issues2 7,d7 may be part of the management program approved under section #cjf2 7,e7 shall utilize to the maximum extent practicable existing information contained in relevant surveys1 plans1 or other strategies to fulfill the information requirements under this paragraph2 and 7,f7 shall incorporate the policies and regulations adopted by communities under local working waterfront plans or strategies in existence before the date of the enactment of this section4 7#c7 ,a working waterfront plan-- 7,a7 shall be effective for purposes of this section for the #e-year period beginning on the date it is approved by the ,secretary2 7,b7 must be updated and re-approved by the ,secretary before the end of such period2 and 7,c7 shall be complimentary to and incorporate the policies and objectives of regional or local working waterfront plans as in effect before the date of enactment of this section or as subsequently revised4 7#d7 ,the ,secretary may-- 7,a7 award planning grants to coastal ,states for the purpose of developing or revising comprehensive working waterfront plans2 and 7,b7 award grants consistent with the purposes of this section to ,states undertaking the working waterfront planning process under this section1 for the purpose of preserving and protecting working waterfronts during such process4 7#e7 ,any coastal ,state applying for a working waterfront grant under this title shall-- 7,a7 develop a working waterfront plan1 using a process that involves the public and those with an interest in the coastal zone2 7,b7 coordinate development and implementation of such a plan with other coastal management programs1 regulations1 and activities of the coastal ,state2 and 7,c7 if the coastal ,state allows qualified holders 7other than the coastal ,state7 to enter into working waterfront covenants1 provide as part of the working waterfront plan under this subsection a mechanism or procedure to ensure that the qualified holders are complying their duties to enforce the working waterfront covenant4 7e7 ,uses1 terms1 and conditions 7#a7 ,each grant made by the ,secretary under this section shall be subject to such terms and conditions as may be appropriate to ensure that the grant is used for purposes consistent with this section4 7#b7 ,a grant under this section may be used-- 7,a7 to acquire a working waterfront1 or an interest in a working waterfront2 7,b7 to make improvements to a working waterfront1 including the construction or repair of wharfs1 boat ramps1 or related facilities2 or 7,c7 for necessary climate adaptation mitigation4 7f7 ,public access requirement ,a working waterfront project funded by grants made under this section must provide for expansion1 improvement1 or preservation of reasonable and appropriate public access to coastal waters at or in the vicinity of a working waterfront1 except for commercial fishing or other industrial access points where the coastal ,state determines that public access would be unsafe4 7g7 ,limitations 7#a7 ,except as provided in paragraph 7#b71 a grant awarded under this section may be used to purchase working waterfront or an interest in working waterfront1 including an easement1 only from a willing seller and at fair market value4 7#b7 ,a grant awarded under this section may be used to acquire working waterfront or an interest in working waterfront at less than fair market value only if the owner certifies to the ,secretary that the sale is being entered into willingly and without coercion4 7#c7 ,no ,federal1 ,state1 or local entity may exercise the power of eminent domain to secure title to any property or facilities in connection with a project carried out under this section4 7h7 ,allocation of grants to local governments and other entities 7#a7 ,the ,secretary shall encourage coastal ,states to broadly allocate amounts received as grants under this section among working waterfronts identified in working waterfront plans approved under subsection 7d74 7#b7 ,subject to the approval of the ,secretary1 a coastal ,state may1 as part of an approved working waterfront plan1 designate as a qualified holder any unit of ,state or local government or nongovernmental organization1 if the coastal ,state is ultimately responsible for ensuring that the property will be managed in a manner that is consistent with the purposes for which the land entered into the program4 7#c7 ,a coastal ,state or a qualified holder designated by a coastal ,state may allocate to a unit of local government1 nongovernmental organization1 fishing cooperative1 or other entity1 a portion of any grant made under this section for the purpose of carrying out this section1 except that such an allocation shall not relieve the coastal ,state of the responsibility for ensuring that any funds so allocated are applied in furtherance of the coastal ,state's approved working waterfront plan4 7#d7 ,a qualified holder may hold title to or interest in property acquired under this section1 except that-- 7,a7 all persons holding title to or interest in working waterfront affected by a grant under this section1 including a qualified holder1 private citizen1 private business1 nonprofit organization1 fishing cooperative1 or other entity1 shall enter into a working waterfront covenant2 7,b7 such covenant shall be held by the coastal ,state or a qualified holder designated under paragraph 7#b72 7,c7 if the coastal ,state determines1 on the record after an opportunity for a hearing1 that the working waterfront covenant has been violated-- 7i7 all right1 title1 and interest in and to the working waterfront covered by such covenant shall1 except as provided in subparagraph 7,d71 revert to the coastal ,state2 and 7ii7 the coastal ,state shall have the right of immediate entry onto the working waterfront2 7,d7 if a coastal ,state makes a determination under subparagraph 7,c71 the coastal ,state may convey or authorize the qualified holder to convey the working waterfront or interest in working waterfront to another qualified holder2 and 7,e7 nothing in this subsection waives any legal requirement under any ,federal or ,state law4 7i7 ,matching contributions 7#a7 ,except as provided in paragraph 7#b71 the ,secretary shall require that each coastal ,state that receives a grant under this section1 or a qualified holder designated by that coastal ,state under subsection 7h71 shall provide matching funds in an amount equal to at least #be percent of the total cost of the project carried out with the grant4 7#b7 ,the ,secretary may waive the application of paragraph 7#a7 for any qualified holder that is an underserved community1 a community that has an inability to draw on other sources of funding because of the small population or low income of the community1 or for other reasons the ,secretary considers appropriate4 7#c7 ,a local community designated as a qualified holder under subsection 7h7 may utilize funds or other in-kind contributions donated by a nongovernmental partner to satisfy the matching funds requirement under this subsection4 7#d7 ,as a condition of receipt of a grant under this section1 the ,secretary shall require that a coastal ,state provide to the ,secretary such assurances as the ,secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured4 7#e7 ,if financial assistance under this section represents only a portion of the total cost of a project1 funding from other ,federal sources may be applied to the cost of the project4 ,each portion shall be subject to match requirements under the applicable provision of law4 7#f7 ,the ,secretary shall treat as non-,federal match the value of a working waterfront or interest in a working waterfront1 including conservation and other easements1 that is held in perpetuity by a qualified holder1 if the working waterfront or interest is identified in the application for the grant and acquired by the qualified holder within #c years of the grant award date1 or within #c years after the submission of the application and before the end of the grant award period4 ,such value shall be determined by an appraisal performed at such time before the award of the grant as the ,secretary considers appropriate4 7#g7 ,the ,secretary shall treat as non-,federal match the costs associated with acquisition of a working waterfront or an interest in a working waterfront1 and the costs of restoration1 enhancement1 or other improvement to a working waterfront1 if the activities are identified in the project application and the costs are incurred within the period of the grant award1 or1 for working waterfront described in paragraph 7#f71 within the same time limits described in that paragraph4 ,these costs may include either cash or in-kind contributions4 7j7 ,limit on administrative costs ,no more than #e percent of the funds made available to the ,secretary under this section may be used by the ,secretary for planning or administration of the program under this section4 7k7 ,other technical and financial assistance 7#a7 ,up to #e percent of the funds appropriated under this section may be used by the ,secretary for purposes of providing technical assistance as described in this subsection4 7#b7 ,the ,secretary shall-- 7,a7 provide technical assistance to coastal ,states and local governments in identifying and obtaining other sources of available ,federal technical and financial assistance for the development and revision of a working waterfront plan and the implementation of an approved working waterfront plan2 7,b7 provide technical assistance to ,states and local governments for the development1 implementation1 and revision of comprehensive working waterfront plans1 which may include1 subject to the availability of appropriations1 planning grants and assistance1 pilot projects1 feasibility studies1 research1 and other projects necessary to further the purposes of this section2 7,c7 assist ,states in developing other tools to protect working waterfronts2 7,d7 collect and disseminate to ,states guidance for best storm water management practices in regards to working waterfronts2 7,e7 provide technical assistance to ,states and local governments on integrating resilience planning into working waterfront preservation efforts2 and 7,f7 collect and disseminate best practices on working waterfronts and resilience planning4 7l7 ,reports 7#a7 ,the ,secretary shall-- 7,a7 develop performance measures to evaluate and report on the effectiveness of the program under this section in accomplishing the purpose of this section2 and 7,b7 submit to ,congress a biennial report that includes such evaluations1 an account of all expenditures1 and descriptions of all projects carried out using grants awarded under this section4 7#b7 ,the ,secretary may submit the biennial report under paragraph 7#a77;,b7 by including it in the biennial report required under section #caf4 7m7 ,definitions ,in this section3 7#a7 ,the term qualified holder means a coastal ,state or a unit of local or coastal ,state government or a non-,state organization designated by a coastal ,state under subsection 7h74 7#b7 ,the term ,secretary means the ,secretary1 acting through the ,national ,oceanic and ,atmospheric ,administration4 7#c7 ,the term working waterfront means real property 7including support structures over water and other facilities7 that provides access to coastal waters to persons engaged in commercial fishing1 recreational fishing businesses1 boatbuilding1 aquaculture1 or other water-dependent1 coastal-related business and is used for1 or that supports1 commercial fishing1 recreational fishing businesses1 boatbuilding1 aquaculture1 or other water-dependent1 coastal-related business4 7#d7 ,the term working waterfront covenant means an agreement in recordable form between the owner of working waterfront and one or more qualified holders1 that provides such assurances as the ,secretary may require that-- 7,a7 the title to or interest in the working waterfront will be held by a grant recipient or qualified holder in perpetuity1 except as provided in subparagraph 7,c72 7,b7 the working waterfront will be managed in a manner that is consistent with the purposes for which the property is acquired pursuant to this section1 and the property will not be converted to any use that is inconsistent with the purpose of this section2 7,c7 if the title to or interest in the working waterfront is sold or otherwise exchanged-- 7i7 all working waterfront owners and qualified holders involved in such sale or exchange shall accede to such agreement2 and 7ii7 funds equal to the fair market value of the working waterfront or interest in working waterfront shall be paid to the ,secretary by parties to the sale or exchange1 and such funds shall1 at the discretion of the ,secretary1 be paid to the coastal ,state in which the working waterfront is located for use in the implementation of the working waterfront plan of the ,state approved by the ,secretary under this section2 and 7,d7 such covenant is subject to enforcement and oversight by the coastal ,state or by another person as determined appropriate by the ,secretary4 7n7 ,authorization of appropriations ,there is authorized to be appropriated to the ,grant ,program #ab1jjj1jjj4 4 #c4 ,working ,waterfronts ,preservation ,fund2 grants ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 is further amended by adding at the end the following3 #cba4 ,working ,waterfronts ,preservation ,loan ,fund 7a7 ,fund ,there is established in the ,treasury a separate account that shall be known as the ,working ,waterfronts ,preservation ,loan ,fund 7in this section referred to as the ,fund74 7b7 ,use 7#a7 ,subject to the availability of appropriations1 amounts in the ,fund may be used by the ,secretary to make loans to coastal ,states for the purpose of implementing a working waterfront plan approved by the ,secretary under section #cbj7;d7 through preservation1 improvement1 restoration1 rehabilitation1 acquisition of working waterfront properties under criteria established by the ,secretary4 7#b7 ,upon enactment of this ,act1 the ,secretary of ,commerce shall conduct a feasibility study on the administration of the development and management of a ,working ,waterfronts ,preservation ,loan ,fund4 7#c7 ,upon the completion of the study under paragraph 7#b71 the ,secretary shall establish a fund in accordance with the results of that study1 and establish such criteria as referenced in subsection 7c7 in consultation with ,states that have a management program approved by the ,secretary of ,commerce pursuant to section #cjf and local government coastal management programs4 7c7 ,award criteria ,the ,secretary shall award loans under this section through a regionally equitable1 competitive funding process1 and in accordance with the following3 7#a7 ,the ,governor1 or the lead agency designated by the ,governor for coordinating the implementation of this section1 where appropriate in consultation with the appropriate local government1 shall determine that an application for a loan is consistent with the ,state's approved coastal zone plan1 program1 and policies prior to submission to the ,secretary4 7#b7 ,in developing guidelines under this section1 the ,secretary shall consult with coastal ,states1 other ,federal agencies1 and other interested stakeholders with expertise in working waterfront planning4 7#c7 ,coastal ,states may allocate amounts loaned under this section to local governments1 agencies1 or nongovernmental organizations eligible for loans under this section4 7#d7 ,in awarding a loan for activities in a coastal ,state1 the ,secretary shall consider-- 7,a7 the economic and cultural significance of working waterfront to the coastal ,state2 7,b7 the demonstrated working waterfront needs of the coastal ,state as outlined by a working waterfront plan approved for the coastal ,state under subsection #cbj7;d71 and the value of the proposed loan for the implementation of such plan2 7,c7 the ability to successfully leverage loan funds among participating entities1 including ,federal programs1 regional organizations1 ,state and other government units1 landowners1 corporations1 or private organizations2 7,d7 the potential for rapid turnover in the ownership of working waterfront in the coastal ,state1 and where applicable the need for coastal ,states to respond quickly when properties in existing or potential working waterfront areas or public access areas as identified in the working waterfront plan submitted by the coastal ,state come under threat or become available2 7,e7 the impact of the loan on the coastal ecosystem and the users of the coastal ecosystem2 and 7,f7 the extent of the historic connection between working waterfronts for which the loan will be used and the local communities within the coastal ,state4 7d7 ,loan amount and terms 7#a7 ,the amount of a loan under this section-- 7,a7 shall be not less than #ajj1jjj2 and 7,b7 shall not exceed #ae percent of the amount in the ,fund as of ,july #a of the fiscal year in which the loan is made4 7#b7 ,the interest rate for a loan under this section shall not exceed #d percent4 7#c7 ,the repayment term for a loan under this section shall not exceed #bj years4 7e7 ,deadline for approval ,the ,secretary shall approve or reject an application for a loan under this section within #fj days after receiving an application for the loan4 7f7 ,limit on administrative costs ,no more than #e percent of the funds made available to the ,secretary under this section may be used by the ,secretary for planning or administration of the program under this section4 7g7 ,definitions ,the definitions in section #cbj7m7 shall apply to this section4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,fund #ab1jjj1jjj4 4