Keep America’s Waterfronts Working Act

I 117TH CONGRESS 1ST SESSION H. R. 3160 To amend the Coastal Zone Management Act of 1972 to establish a Working Waterfront Task Force and a working waterfronts grant program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 12, 2021 Ms. PINGREE (for herself, Mr. WITTMAN, Mr. HUFFMAN, Mr. KILMER, Mrs. LURIA, Mr. CARBAJAL, Mr. PALLONE, and Mr. KEATING) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Coastal Zone Management Act of 1972 to establish a Working Waterfront Task Force and a work- ing waterfronts grant program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Keep America’s Water- 4 fronts Working Act’’. 5 SEC. 2. WORKING WATERFRONTS GRANT PROGRAM. 6 The Coastal Zone Management Act of 1972 (16 7 U.S.C. 1451 et seq.) is amended by adding at the end 8 the following: 9 VerDate Sep 11 2014 02:22 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3160.IH H3160 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3160 IH ‘‘SEC. 320. WORKING WATERFRONTS GRANT PROGRAM. 1 ‘‘(a) WORKING WATERFRONT TASK FORCE.— 2 ‘‘(1) ESTABLISHMENT AND FUNCTIONS.—The 3 Secretary of Commerce shall establish a task force 4 to work directly with coastal States, user groups, 5 and coastal stakeholders to identify and address crit- 6 ical needs with respect to working waterfronts. 7 ‘‘(2) MEMBERSHIP.—The members of the task 8 force shall be appointed by the Secretary of Com- 9 merce, and shall include— 10 ‘‘(A) experts in the unique economic, so- 11 cial, cultural, ecological, geographic, and re- 12 source concerns of working waterfronts; and 13 ‘‘(B) representatives from the National 14 Oceanic and Atmospheric Administration’s Of- 15 fice of Coastal Management, the United States 16 Fish and Wildlife Service, the Department of 17 Agriculture, the Environmental Protection 18 Agency, the United States Geological Survey, 19 the Navy, the National Marine Fisheries Serv- 20 ice, the Economic Development Agency, and 21 such other Federal agencies as the Secretary 22 considers appropriate. 23 ‘‘(3) FUNCTIONS.—The task force shall— 24 ‘‘(A) identify and prioritize critical needs 25 with respect to working waterfronts in States 26 VerDate Sep 11 2014 02:22 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3160.IH H3160 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3160 IH that have a management program approved by 1 the Secretary of Commerce pursuant to section 2 306, in the areas of— 3 ‘‘(i) economic and cultural importance 4 of working waterfronts to communities; 5 ‘‘(ii) changing environments and 6 threats working waterfronts face from en- 7 vironment changes, trade barriers, sea level 8 rise, extreme weather events, ocean acidifi- 9 cation, and harmful algal blooms; and 10 ‘‘(iii) identifying working waterfronts 11 and highlighting them within communities; 12 ‘‘(B) outline options, in coordination with 13 coastal States and local stakeholders, to address 14 such critical needs, including adaptation and 15 mitigation where applicable; 16 ‘‘(C) identify Federal agencies that are re- 17 sponsible under existing law for addressing such 18 critical needs; and 19 ‘‘(D) recommend Federal agencies best 20 suited to address any critical needs for which 21 no agency is responsible under existing law. 22 ‘‘(4) INFORMATION TO BE CONSIDERED.—In 23 identifying and prioritizing policy gaps pursuant to 24 paragraph (3), the task force shall consider the find- 25 VerDate Sep 11 2014 02:22 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3160.IH H3160 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3160 IH ings and recommendations contained in section VI of 1 the report entitled ‘The Sustainable Working Water- 2 fronts Toolkit: Final Report’, dated March 2013. 3 ‘‘(5) REPORT.—Not later than 18 months after 4 the date of the enactment of this section, the task 5 force shall submit a report to Congress on its find- 6 ings. 7 ‘‘(6) IMPLEMENTATION.—The head of each 8 Federal agency identified in the report pursuant to 9 paragraph (3)(C) shall take such action as is nec- 10 essary to implement the recommendations contained 11 in the report by not later than 1 year after the date 12 of the issuance of the report. 13 ‘‘(b) WORKING WATERFRONT GRANT PROGRAM.— 14 ‘‘(1) The Secretary shall establish a Working 15 Waterfront Grant Program, in cooperation with ap- 16 propriate State, regional, and other units of govern- 17 ment, under which the Secretary may make a grant 18 to any coastal State for the purpose of implementing 19 a working waterfront plan approved by the Secretary 20 under subsection (c). 21 ‘‘(2) Subject to the availability of appropria- 22 tions, the Secretary shall award matching grants 23 under the Working Waterfronts Grant Program to 24 coastal States with approved working waterfront 25 VerDate Sep 11 2014 02:22 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3160.IH H3160 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3160 IH plans through a regionally equitable, competitive 1 funding process in accordance with the following: 2 ‘‘(A) The Governor, or the lead agency 3 designated by the Governor for coordinating the 4 implementation of this section, where appro- 5 priate in consultation with the appropriate local 6 government, shall determine that the applica- 7 tion is consistent with the State’s or territory’s 8 approved coastal zone plan, program, and poli- 9 cies prior to submission to the Secretary. 10 ‘‘(B) In developing guidelines under this 11 section, the Secretary shall consult with coastal 12 States, other Federal agencies, and other inter- 13 ested stakeholders with expertise in working 14 waterfront planning. 15 ‘‘(C) Coastal States may allocate grants to 16 local governments, Indian Tribes, agencies, or 17 nongovernmental organizations eligible for as- 18 sistance under this section. 19 ‘‘(3) In awarding a grant to a coastal State, the 20 Secretary shall consider— 21 ‘‘(A) the economic, cultural, and historical 22 significance of working waterfront to the coast- 23 al State; 24 VerDate Sep 11 2014 02:22 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3160.IH H3160 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3160 IH ‘‘(B) the demonstrated working waterfront 1 needs of the coastal State as outlined by a 2 working waterfront plan approved for the coast- 3 al State under subsection (c), and the value of 4 the proposed project for the implementation of 5 such plan; 6 ‘‘(C) the ability to successfully leverage 7 funds among participating entities, including 8 Federal programs, regional organizations, State 9 and other government units, landowners, cor- 10 porations, or private organizations; 11 ‘‘(D) the potential for rapid turnover in 12 the ownership of working waterfront in the 13 coastal State, and where applicable the need for 14 coastal States to respond quickly when prop- 15 erties in existing or potential working water- 16 front areas or public access areas as identified 17 in the working waterfront plan submitted by 18 the coastal State come under threat or become 19 available; and 20 ‘‘(E) the impact of the working waterfront 21 plan approved for the coastal State under sub- 22 section (c) on the coastal ecosystem and the 23 users of the coastal ecosystem. 24 VerDate Sep 11 2014 02:22 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3160.IH H3160 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3160 IH ‘‘(4) The Secretary shall approve or reject an 1 application for such a grant within 60 days after re- 2 ceiving an application for the grant. 3 ‘‘(c) WORKING WATERFRONT PLANS.— 4 ‘‘(1) To be eligible for a grant under subsection 5 (b), a coastal State must submit and have approved 6 by the Secretary a comprehensive working water- 7 front plan in accordance with this subsection, or be 8 in the process of developing such a plan and have an 9 established working waterfront program at the State 10 or local level, or the Secretary determines that an 11 existing coastal land use plan for that State is in ac- 12 cordance with this subsection. 13 ‘‘(2) Such plan— 14 ‘‘(A) must provide for preservation and ex- 15 pansion of access to coastal waters to persons 16 engaged in commercial fishing, recreational 17 fishing and boating businesses, aquaculture, 18 boatbuilding, or other water-dependent, coastal- 19 related business; 20 ‘‘(B) shall include one or more of— 21 ‘‘(i) an assessment of the economic, 22 social, cultural, and historic value of work- 23 ing waterfront to the coastal State; 24 VerDate Sep 11 2014 02:22 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3160.IH H3160 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3160 IH ‘‘(ii) a description of relevant State 1 and local laws and regulations affecting 2 working waterfront in the geographic areas 3 identified in the working waterfront plan; 4 ‘‘(iii) identification of geographic 5 areas where working waterfronts are cur- 6 rently under threat of conversion to uses 7 incompatible with commercial and rec- 8 reational fishing, recreational fishing and 9 boating businesses, aquaculture, 10 boatbuilding, or other water-dependent, 11 coastal-related business, and the level of 12 that threat; 13 ‘‘(iv) identification of geographic areas 14 with a historic connection to working wa- 15 terfronts where working waterfronts are 16 not currently available, and, where appro- 17 priate, an assessment of the environmental 18 impacts of any expansion or new develop- 19 ment of working waterfronts on the coastal 20 ecosystem; 21 ‘‘(v) identification of other working 22 waterfront needs including improvements 23 to existing working waterfronts and work- 24 ing waterfront areas; 25 VerDate Sep 11 2014 02:22 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3160.IH H3160 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3160 IH ‘‘(vi) a strategic and prioritized plan 1 for the preservation, expansion, and im- 2 provement of working waterfronts in the 3 coastal State; 4 ‘‘(vii) for areas identified under 5 clauses (iii), (iv), (v), and (vi), identifica- 6 tion of current availability and potential 7 for expansion of public access to coastal 8 waters; 9 ‘‘(viii) a description of the degree of 10 community support for such strategic plan; 11 and 12 ‘‘(ix) a contingency plan for properties 13 that revert to the coastal State pursuant to 14 determinations made by the coastal State 15 under subsection (g)(4)(C); 16 ‘‘(C) may include detailed environmental 17 impacts on working waterfronts, including haz- 18 ards, sea level rise, inundation exposure, and 19 other resiliency issues; 20 ‘‘(D) may be part of the management pro- 21 gram approved under section 306; 22 ‘‘(E) shall utilize to the maximum extent 23 practicable existing information contained in 24 relevant surveys, plans, or other strategies to 25 VerDate Sep 11 2014 02:22 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3160.IH H3160 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3160 IH fulfill the information requirements under this 1 paragraph; and 2 ‘‘(F) shall incorporate the policies and reg- 3 ulations adopted by communities under local 4 working waterfront plans or strategies in exist- 5 ence before the date of the enactment of this 6 section. 7 ‘‘(3) A working waterfront plan— 8 ‘‘(A) shall be effective for purposes of this 9 section for the 5-year period beginning on the 10 date it is approved by the Secretary; 11 ‘‘(B) must be updated and re-approved by 12 the Secretary before the end of such period; and 13 ‘‘(C) shall be complimentary to and incor- 14 porate the policies and objectives of regional or 15 local working waterfront plans as in effect be- 16 fore the date of enactment of this section or as 17 subsequently revised. 18 ‘‘(4) The Secretary may— 19 ‘‘(A) award planning grants to coastal 20 States for the purpose of developing or revising 21 comprehensive working waterfront plans; and 22 ‘‘(B) award grants consistent with the pur- 23 poses of this section to States undertaking the 24 working waterfront planning process under this 25 VerDate Sep 11 2014 02:22 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3160.IH H3160 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3160 IH section, for the purpose of preserving and pro- 1 tecting working waterfronts during such proc- 2 ess. 3 ‘‘(5) Any coastal State applying for a working 4 waterfront grant under this title shall— 5 ‘‘(A) develop a working waterfront plan, 6 using a process that involves the public and 7 those with an interest in the coastal zone; 8 ‘‘(B) coordinate development and imple- 9 mentation of such a plan with other coastal 10 management programs, regulations, and activi- 11 ties of the coastal State; and 12 ‘‘(C) if the coastal State allows qualified 13 holders (other than the coastal State) to enter 14 into working waterfront covenants, provide as 15 part of the working waterfront plan under this 16 subsection a mechanism or procedure to ensure 17 that the qualified holders are complying their 18 duties to enforce the working waterfront cov- 19 enant. 20 ‘‘(d) USES, TERMS, AND CONDITIONS.— 21 ‘‘(1) Each grant made by the Secretary under 22 this section shall be subject to such terms and condi- 23 tions as may be appropriate to ensure that the grant 24 is used for purposes consistent with this section. 25 VerDate Sep 11 2014 02:22 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3160.IH H3160 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3160 IH ‘‘(2) A grant under this section may be used— 1 ‘‘(A) to acquire a working waterfront, or 2 an interest in a working waterfront; 3 ‘‘(B) to make improvements to a working 4 waterfront, including the construction or repair 5 of wharfs, boat ramps, or related facilities; or 6 ‘‘(C) for necessary climate adaptation miti- 7 gation. 8 ‘‘(e) PUBLIC ACCESS REQUIREMENT.—A working 9 waterfront project funded by grants made under this sec- 10 tion must provide for expansion, improvement, or preser- 11 vation of reasonable and appropriate public access to 12 coastal waters at or in the vicinity of a working water- 13 front, except for commercial fishing or other industrial ac- 14 cess points where the coastal State determines that public 15 access would be unsafe. 16 ‘‘(f) LIMITATIONS.— 17 ‘‘(1) Except as provided in paragraph (2), a 18 grant awarded under this section may be used to 19 purchase working waterfront or an interest in work- 20 ing waterf [Text truncated for display. 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