,,ii #aahth ,,congress #b;d ,session ,s4 #dhjj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #be1 #bjbd,ms4 ,baldwin introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to designate certain communities as resilient waterfront communities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,waterfront ,community ,revitalization and ,resiliency ,act of #bjbd4 #b4 ,working waterfronts 7a7 ,in ,general ,part ,c of subtitle ,v of title #df1 ,united ,states ,code1 is amended by adding after chapter #edc the following3 #edd ,waterfront ,communities ,sec4#eddja4 ,definitions4 #eddjb4 ,purpose4 #eddjc4 ,resilient waterfront communities designation4 #eddjd4 ,resilient waterfront communities network4 #eddja4 ,definitions ,in this chapter3 7#a7 ,blue economy ,the term blue economy means industries related to the ,great ,lakes1 oceans1 bays1 estuaries1 and coasts in the economy of the ,united ,states1 including living resources1 marine construction1 marine transportation1 offshore energy development and siting1 including for renewable energy1 offshore mineral production1 ship- and boat-building1 tourism1 recreation1 subsistence1 commercial1 recreational1 and charter fishing1 seafood processing1 and other fishery-related businesses1 aquaculture 7such as kelp and shellfish71 and other industries the ,secretary of ,commerce considers appropriate4 7#b7 ,covered entity ,the term covered entity means the following3 7,a7 ,a ,state4 7,b7 ,a political subdivision of a ,state1 or a local government4 7,c7 ,a public agency or publicly chartered authority established by #a or more ,states4 7,d7 ,a special purpose district with a transportation function4 7,e7 ,an ,indian ,tribe or a ,native ,hawaiian organization4 7,f7 ,a multistate or multijurisdictional group of entities described in subparagraphs 7,a7 through 7,e74 7,g7 ,a lead entity described in subparagraphs 7,a7 through 7,f71 jointly with an additional entity or group of entities that may include-- 7i7 a nonprofit organization with relevant expertise2 7ii7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a772 or 7iii7 a private entity4 7#c7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#d7 ,native hawaiian organization ,the term ,native ,hawaiian organization has the meaning given the term under section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag74 7#e7 ,port ,the term port means-- 7,a7 any port on the navigable waters of the ,united ,states2 and 7,b7 any harbor1 marine terminal1 or other shore side facility used principally for the movement of goods on inland waters4 7#f7 ,project ,the term project means construction1 reconstruction1 environmental rehabilitation1 acquisition of property1 including land related to the project and improvements to the land1 equipment acquisition1 and operational improvements4 7#g7 ,resilient ,the term resilient means the ability to anticipate1 prepare for1 adapt to1 withstand1 respond to1 and recover from operational disruptions including disruptions caused by natural or manmade hazards or extreme weather events4 7#h7 ,resilient waterfront community ,the term resilient waterfront community means a resilient waterfront community designated under section #eddjc4 7#i7 ,working waterfront ,the term working waterfront means real property 7including support structures over water and other facilities7 that provides access to coastal and ,great ,lakes waters to persons engaged in commercial and recreational fishing1 recreational fishing and boating businesses1 boatbuilding1 aquaculture1 or other water-dependent1 coastal-related business and is used for1 or that supports1 commercial and recreational fishing1 recreational fishing and boating businesses1 boatbuilding1 aquaculture1 or other water-dependent1 coastal-related business and recreation4 #eddjb4 ,purpose ,the purpose of this chapter is to promote the recognition and support of resilient waterfront communities so that such communities may support working waterfronts1 resilience1 economic development1 port infrastructure1 natural infrastructure1 coastal activities1 public access1 the associated blue economy1 and related projects4 #eddjc4 ,resilient waterfront communities designation 7a7 ,designation as resilient waterfront communities 7#a7 ,in general 7,a7 ,designation ,subject to paragraphs 7#b7 and 7#c71 the ,secretary of ,commerce 7referred to in this section as the ,secretary71 in coordination with the ,secretary of ,transportation1 shall designate certain communities that submit a plan to the ,secretary as resilient waterfront communities1 based on the extent to which the community plan meets the criteria described in subsection 7b74 7,b7 ,eligible communities ,a community shall be eligible to be designated under subparagraph 7,a7 if it is a local government1 an ,indian ,tribe1 or a ,native ,hawaiian community that operates in an area with a working waterfront that is bound in part by-- 7i7 at least one of the ,great ,lakes2 or 7ii7 the ocean4 7#b7 ,collaboration ,in carrying out this section1 the ,secretary shall work with the ,secretary of ,transportation and the heads of other ,federal agencies1 as the ,secretary determines necessary4 7#c7 ,engagement ,in carrying out this section1 the ,secretary shall engage with ,indian ,tribes and ,native ,hawaiian communities4 7#d7 ,technical assistance ,in carrying out this section1 the ,secretary shall provide technical assistance to communities seeking to be designated as a resilient waterfront community4 ,technical assistance shall include-- 7,a7 providing information about relevant programs under sections #bejaj and #babje of the ,infrastructure ,investment and ,jobs ,act 7#di ,u4,s4,c4 #ajb note2 #aaf note2 ,public ,law #aag-eh72 7,b7 providing information about relevant grants2 7,c7 providing information about best practices2 7,d7 providing copies of relevant studies and research2 and 7,e7 other support1 as determined by the ,secretary4 7b7 ,resilient waterfront community plan ,a community seeking to be designated as a resilient waterfront community shall submit a resilient waterfront community plan to the ,secretary4 ,such plan shall be a community-driven vision and plan that is developed-- 7#a7 voluntarily at the discretion of the community-- 7,a7 to respond to local needs2 or 7,b7 to take advantage of new water-oriented opportunities2 7#b7 with the leadership of the relevant governmental entity1 ,indian ,tribe1 or ,native ,hawaiian community1 and with the active participation of-- 7,a7 community residents2 7,b7 utilities2 and 7,c7 interested business and nongovernmental stakeholders2 7#c7 as a new document or by amending or compiling community planning documents1 as necessary1 at the discretion of the ,secretary2 7#d7 to address economic competitive strengths2 and 7#e7 to complement and incorporate the objectives and recommendations of applicable regional economic plans4 7c7 ,components of a resilient waterfront community plan ,a resilient waterfront community plan shall-- 7#a7 consider all1 or a portion of1 the relevant waterfront area and adjacent land and water to which the waterfront is connected ecologically1 economically1 or through local governmental or ,tribal boundaries2 and 7#b7 describe a vision and plan for the community to be developed or preserved as a vital and resilient waterfront community1 integrating consideration of-- 7,a7 the economic opportunities resulting from water proximity and access1 including-- 7i7 water-dependent industries2 7ii7 water-oriented commerce2 and 7iii7 recreation and tourism2 7,b7 the community relationship to the water1 including-- 7i7 quality of life2 7ii7 public health2 7iii7 community and economic heritage1 such as maritime and waterfront industries2 and 7iv7 public access2 7,c7 the environment2 7,d7 ecosystem challenges and projections1 including-- 7i7 unresolved and emerging impacts to the health and safety of the applicable waterfront2 7ii7 the impact of natural disasters and weather events on the physical and financial security of residents1 based on forward-looking1 long-term meteorological data2 and 7iii7 projections for extreme weather and water conditions2 7,e7 infrastructure needs and opportunities1 such as-- 7i7 docks1 piers1 and harbor facilities2 7ii7 protection against storm surges1 waves1 and flooding2 and 7iii7 natural infrastructure2 and 7,f7 other community facilities and private development4 7d7 ,duration ,after the designation of a community as a resilient waterfront community under subsection 7a71 a resilient waterfront community plan developed in accordance with this section shall have a duration effective for the #aj-year period beginning on the date on which the ,secretary approves the resilient waterfront community plan4 7e7 ,withdrawal of designation ,a covered entity that represents a community that is designated as a resilient waterfront community under subsection 7a7 may submit a request at any time to the ,secretary that such designation be withdrawn4 7f7 ,updates ,a resilient waterfront community plan under this section may be updated by a covered entity1 and submitted to the ,secretary for approval1 before the expiration of the #aj-year period described in subsection 7d74 7g7 ,approval ,the ,secretary shall approve or disapprove a resilient waterfront community plan submitted under subsection 7b71 or an update to such plan submitted under subsection 7f71 by not later than #ahj days after the date of receipt of the plan4 #eddjd4 ,resilient waterfront communities network 7a7 ,in general ,the ,secretary shall develop and maintain a resilient waterfront communities network to facilitate the sharing of best practices among communities that have been designated as resilient waterfront communities under section #eddjc4 7b7 ,public recognition ,in consultation with designated resilient waterfront communities1 the ,secretary shall provide formal public recognition of the designated resilient waterfront communities to promote tourism1 recreational activities1 commercial investment1 or other community benefits4 7c7 ,website ,the ,secretary of ,commerce shall establish1 and update periodically1 a publicly accessible website to provide information for communities-- 7#a7 to access best practices in establishing a designation under section #eddjc1 including-- 7,a7 the technological1 economic1 environmental1 social1 and cultural impacts of resiliency planning and investment2 7,b7 the barriers communities face to successfully planning1 implementing1 and achieving short1 and long-term benefits from resiliency and revitalization activities1 as well as solutions to diagnose1 understand1 and overcome those barriers2 and 7,c7 changing environmental and economic conditions and information on incorporating forward-looking projections into strategic community decision making2 and 7#b7 about funding opportunities throughout the ,federal ,government1 including technical assistance opportunities that could support the implementation of resilient waterfront community plans4 4 7b7 ,table of chapters amendment ,the table of chapters at the beginning of subtitle ,v of title #df1 ,united ,states ,code1 is amended by adding at the end of the items relating to part ,c the following new item3 #edd4 ,waterfront ,communities#eddja 7c7 ,special grants ,section #bje7;b7 of the ,national ,sea ,grant ,college ,program ,act 7#cc ,u4,s4,c4 #aabd7;b77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#c7 as clauses 7i7 through 7iii71 respectively1 moving such clauses to follow paragraph 7#b77;,a7 7as designated under paragraph 7#d7 of this subsection71 and adjusting the margins accordingly2 7#b7 by striking ,the ,secretary and inserting the following3 7#a7 ,special grants generally 7,a7 ,in ,general ,the ,secretary 2 7#c7 by inserting and activities under paragraph 7#c7 after section #bjb7;b72 7#d7 by striking ,no grant may be made under this subsection and inserting the following3 7#b7 ,special grants 7,a7 ,in ,general ,with respect to a grant under this subsection that is not a grant described in paragraph 7#c71 no grant may be made 2 7#e7 by striking ,the total amount and inserting the following3 7,b7 ,amount ,except with respect to grants described under paragraph 7#c71 the total amount 2 and 7#f7 by adding at the end the following3 7#c7 ,special grants for working waterfronts 7,a7 ,in ,general ,notwithstanding any other provision of this ,act1 the ,secretary may make special grants under this subsection to support covered entities 7as defined in section #eddja of title #df1 ,united ,states ,code7 for the purposes of-- 7i7 development of the plan described under section #eddjc7;b7 of title #df1 ,united ,states ,code1 including by-- 7,i7 conducting economic and community development marketing and outreach2 7,,ii7 updating zoning regulations2 7,,iii7 conducting environmental reviews2 7,,iv7 completing engineering and landscape architecture design plans2 7,v7 collaborating across local agencies and regional1 ,state1 ,tribal1 and ,federal agencies to identify1 understand1 and develop responses to changing ecosystems and economic circumstances2 and 7,,vi7 conducting such other planning activities as the ,secretary considers to be necessary for the development of a resilient waterfront community plan that responds to revitalization and resiliency issues faced by such covered entity2 7ii7 carrying out projects that enable the execution of the plan described under section #eddjc7;b7 of title #df1 ,united ,states ,code1 including-- 7,i7 site preparation2 7,,ii7 acquiring easements or land for uses such as green infrastructure1 public amenities1 or assembling development sites2 7,,iii7 construction of-- 7aa7 public waterfront or boating amenities2 and 7bb7 public spaces2 7,,iv7 infrastructure upgrades to improve coastal resiliency1 including green infrastructure2 and 7,v7 other activities1 at the discretion of the ,secretary2 and 7iii7 executing other projects that are consistent with the plan described under section #eddjc7;b7 of title #df1 ,united ,states ,code4 7,b7 ,definitions ,in this paragraph3 7i7 ,title #df terms ,the terms covered entity1 resilient1 and working waterfront have the meanings given those terms in section #eddja of title #df1 ,united ,states ,code4 7ii7 ,project ,the term project has the meaning given that term in section #eddja of title #df1 ,united ,states ,code1 except that such term shall only apply to activities-- 7,i7 within the boundary of a working waterfront2 or 7,,ii7 outside the boundary of a working waterfront1 if the projects are directly related to the working waterfront or such plan4 7,c7 ,eligibility2 terms and conditions 7i7 ,eligibility and procedure ,the provisions of subsection 7c7 shall apply with respect to grants under this paragraph1 except that only covered entities shall be eligible to receive a grant under this paragraph4 ,notwithstanding such subsection 7c71 the ,secretary shall not be required to prescribe application requirements and procedures for grants under this paragraph by regulation4 7ii7 ,terms and conditions ,paragraphs 7#a7 through 7#c7 of subsection 7d7 shall not apply with respect to grants under this paragraph4 7,d7 ,project selection criteria 7i7 ,in general ,the ,secretary may select a project described in this paragraph for funding under this subsection if the ,secretary determines that-- 7,i7 the project is consistent with the plan under section #eddjc7;b7 of title #df1 ,united ,states ,code2 7,,ii7 the covered entity has authority to carry out the project2 7,,iii7 the covered entity has sufficient funding to execute the project or phase of the project2 7,,iv7 the project will be completed without unreasonable delay2 and 7,v7 the project cannot be easily and efficiently completed without ,federal funding or financial assistance available to the covered entity4 7ii7 ,additional considerations ,in selecting projects described in this paragraph for funding under this subsection1 the ,secretary shall give consideration to-- 7,i7 the utilization of non-,federal contributions2 and 7,,ii7 the net benefits of the funds awarded under this subsection4 7,e7 ,procedural safeguards ,the ,secretary shall issue guidelines to establish appropriate accounting1 reporting1 and review procedures for grants made under this paragraph to ensure that-- 7i7 grant funds are used for the purposes for which those funds were made available2 7ii7 each grantee properly accounts for all expenditures of grant funds2 and 7iii7 grant funds not used for such purposes and amounts not obligated or expended are returned4 4 7d7 ,technical amendments ,section #bje of the ,national ,sea ,grant ,college ,program ,act 7#cc ,u4,s4,c4 #aabd7 is further amended-- 7#a7 in subsection 7c71 by striking ,any person and inserting ,subject to subsection 7b77#c71 any person2 and 7#b7 in subsection 7d77#a71 by striking ,any grant and inserting ,subject to subsection 7b77#c71 any grant4 #c4 ,resilient waterfront communities report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing-- 7#a7 the participation in the program of designating resilient waterfront communities under chapter #edd of title #df1 ,united ,states ,code1 the results of such program1 and the ,secretary's plans to improve outreach1 implementation1 and best practice guidance regarding such program2 and 7#b7 the participation in the program of special grants for working waterfronts described in paragraph 7#c7 of section #bje7;b7 of the ,national ,sea ,grant ,college ,program ,act 7#cc ,u4,s4,c4 #aabd7;b771 the results of such program1 and the ,secretary's plans to improve outreach1 implementation1 and best practice guidance regarding such program4