Keep America’s Waterfronts Working Act

IB Union Calendar No. 238 116TH CONGRESS 1ST SESSION H. R. 3596 [Report No. 116–295] 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 JUNE 28, 2019 Ms. PINGREE (for herself, Mr. WITTMAN, Mr. HUFFMAN, Mr. ROUDA, Mr. CARBAJAL, and Mr. KEATING) introduced the following bill; which was referred to the Committee on Natural Resources NOVEMBER 15, 2019 Additional sponsors: Mr. CASE, Mr. GOLDEN, Mrs. LURIA, Mr. PALLONE, Mr. KILMER, Miss GONZA´LEZ-COLO´N of Puerto Rico, and Ms. GABBARD NOVEMBER 15, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on June 28, 2019] VerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3596.RH H3596 kjohnson on DSK79L0C42 with BILLS 2 •HR 3596 RH 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. VerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3596.RH H3596 kjohnson on DSK79L0C42 with BILLS 3 •HR 3596 RH 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 U.S.C. 7 1451 et seq.) is amended by adding at the end the following: 8 ‘‘SEC. 320. WORKING WATERFRONTS GRANT PROGRAM. 9 ‘‘(a) WORKING WATERFRONT TASK FORCE.— 10 ‘‘(1) ESTABLISHMENT AND FUNCTIONS.—The 11 Secretary of Commerce shall establish a task force to 12 work directly with coastal States, user groups, and 13 coastal stakeholders to identify and address critical 14 needs with respect to working waterfronts. 15 ‘‘(2) MEMBERSHIP.—The members of the task 16 force shall be appointed by the Secretary of Com- 17 merce, and shall include— 18 ‘‘(A) experts in the unique economic, social, 19 cultural, ecological, geographic, and resource 20 concerns of working waterfronts; and 21 ‘‘(B) representatives from the National Oce- 22 anic and Atmospheric Administration’s Office of 23 Coastal Management, the United States Fish and 24 Wildlife Service, the Department of Agriculture, 25 VerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H3596.RH H3596 kjohnson on DSK79L0C42 with BILLS 4 •HR 3596 RH the Environmental Protection Agency, the 1 United States Geological Survey, the Navy, the 2 National Marine Fisheries Service, the Economic 3 Development Agency, and such other Federal 4 agencies as the Secretary considers appropriate. 5 ‘‘(3) FUNCTIONS.—The task force shall— 6 ‘‘(A) identify and prioritize critical needs 7 with respect to working waterfronts in States 8 that have a management program approved by 9 the Secretary of Commerce pursuant to section 10 306, in the areas of— 11 ‘‘(i) economic and cultural importance 12 of working waterfronts to communities; 13 ‘‘(ii) changing environments and 14 threats working waterfronts face from envi- 15 ronment changes, trade barriers, sea level 16 rise, extreme weather events, ocean acidifi- 17 cation, and harmful algal blooms; and 18 ‘‘(iii) identifying working waterfronts 19 and highlighting them within communities; 20 ‘‘(B) outline options, in coordination with 21 coastal States and local stakeholders, to address 22 such critical needs, including adaptation and 23 mitigation where applicable; 24 VerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H3596.RH H3596 kjohnson on DSK79L0C42 with BILLS 5 •HR 3596 RH ‘‘(C) identify Federal agencies that are re- 1 sponsible under existing law for addressing such 2 critical needs; and 3 ‘‘(D) recommend Federal agencies best suit- 4 ed to address any critical needs for which no 5 agency is responsible under existing law. 6 ‘‘(4) INFORMATION TO BE CONSIDERED.—In 7 identifying and prioritizing policy gaps pursuant to 8 paragraph (3), the task force shall consider the find- 9 ings and recommendations contained in section VI of 10 the report entitled ‘The Sustainable Working Water- 11 fronts Toolkit: Final Report’, dated March 2013. 12 ‘‘(5) REPORT.—Not later than 18 months after 13 the date of the enactment of this section, the task force 14 shall submit a report to Congress on its findings. 15 ‘‘(6) IMPLEMENTATION.—The head of each Fed- 16 eral agency identified in the report pursuant to para- 17 graph (3)(C) shall take such action as is necessary to 18 implement the recommendations contained in the re- 19 port by not later than 1 year after the date of the 20 issuance of the report. 21 ‘‘(b) WORKING WATERFRONT GRANT PROGRAM.— 22 ‘‘(1) The Secretary shall establish a Working 23 Waterfront Grant Program, in cooperation with ap- 24 propriate State, regional, and other units of govern- 25 VerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3596.RH H3596 kjohnson on DSK79L0C42 with BILLS 6 •HR 3596 RH ment, under which the Secretary may make a grant 1 to any coastal State for the purpose of implementing 2 a working waterfront plan approved by the Secretary 3 under subsection (c). 4 ‘‘(2) Subject to the availability of appropria- 5 tions, the Secretary shall award matching grants 6 under the Working Waterfronts Grant Program to 7 coastal States with approved working waterfront 8 plans through a regionally equitable, competitive 9 funding process in accordance with the following: 10 ‘‘(A) The Governor, or the lead agency des- 11 ignated by the Governor for coordinating the im- 12 plementation of this section, where appropriate 13 in consultation with the appropriate local gov- 14 ernment, shall determine that the application is 15 consistent with the State’s or territory’s ap- 16 proved coastal zone plan, program, and policies 17 prior to submission to the Secretary. 18 ‘‘(B) In developing guidelines under this 19 section, the Secretary shall consult with coastal 20 States, other Federal agencies, and other inter- 21 ested stakeholders with expertise in working wa- 22 terfront planning. 23 ‘‘(C) Coastal States may allocate grants to 24 local governments, agencies, or nongovernmental 25 VerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3596.RH H3596 kjohnson on DSK79L0C42 with BILLS 7 •HR 3596 RH organizations eligible for assistance under this 1 section. 2 ‘‘(3) In awarding a grant to a coastal State, the 3 Secretary shall consider— 4 ‘‘(A) the economic, cultural, and historical 5 significance of working waterfront to the coastal 6 State; 7 ‘‘(B) the demonstrated working waterfront 8 needs of the coastal State as outlined by a work- 9 ing waterfront plan approved for the coastal 10 State under subsection (c), and the value of the 11 proposed project for the implementation of such 12 plan; 13 ‘‘(C) the ability to successfully leverage 14 funds among participating entities, including 15 Federal programs, regional organizations, State 16 and other government units, landowners, cor- 17 porations, or private organizations; 18 ‘‘(D) the potential for rapid turnover in the 19 ownership of working waterfront in the coastal 20 State, and where applicable the need for coastal 21 States to respond quickly when properties in ex- 22 isting or potential working waterfront areas or 23 public access areas as identified in the working 24 VerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3596.RH H3596 kjohnson on DSK79L0C42 with BILLS 8 •HR 3596 RH waterfront plan submitted by the coastal State 1 come under threat or become available; and 2 ‘‘(E) the impact of the working waterfront 3 plan approved for the coastal State under sub- 4 section (c) on the coastal ecosystem and the users 5 of the coastal ecosystem. 6 ‘‘(4) The Secretary shall approve or reject an ap- 7 plication for such a grant within 60 days after receiv- 8 ing an application for the grant. 9 ‘‘(c) WORKING WATERFRONT PLANS.— 10 ‘‘(1) To be eligible for a grant under subsection 11 (b), a coastal State must submit and have approved 12 by the Secretary a comprehensive working waterfront 13 plan in accordance with this subsection, or be in the 14 process of developing such a plan and have an estab- 15 lished working waterfront program at the State or 16 local level, or the Secretary determines that an exist- 17 ing coastal land use plan for that State is in accord- 18 ance with this subsection. 19 ‘‘(2) Such plan— 20 ‘‘(A) must provide for preservation and ex- 21 pansion of access to coastal waters to persons en- 22 gaged in commercial fishing, recreational fishing 23 and boating businesses, aquaculture, 24 VerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H3596.RH H3596 kjohnson on DSK79L0C42 with BILLS 9 •HR 3596 RH boatbuilding, or other water-dependent, coastal- 1 related business; 2 ‘‘(B) shall include one or more of— 3 ‘‘(i) an assessment of the economic, so- 4 cial, cultural, and historic value of working 5 waterfront to the coastal State; 6 ‘‘(ii) a description of relevant State 7 and local laws and regulations affecting 8 working waterfront in the geographic areas 9 identified in the working waterfront plan; 10 ‘‘(iii) identification of geographic areas 11 where working waterfronts are currently 12 under threat of conversion to uses incompat- 13 ible with commercial and recreational fish- 14 ing, recreational fishing and boating busi- 15 nesses, aquaculture, boatbuilding, or other 16 water-dependent, coastal-related business, 17 and the level of that threat; 18 ‘‘(iv) identification of geographic areas 19 with a historic connection to working wa- 20 terfronts where working waterfronts are not 21 currently available, and, where appropriate, 22 an assessment of the environmental impacts 23 of any expansion or new development of 24 VerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H3596.RH H3596 kjohnson on DSK79L0C42 with BILLS 10 •HR 3596 RH working waterfronts on the coastal eco- 1 system; 2 ‘‘(v) identification of other working 3 waterfront needs including improvements to 4 existing working waterfronts and working 5 waterfront areas; 6 ‘‘(vi) a strategic and prioritized plan 7 for the preservation, expansion, and im- 8 provement of working waterfronts in the 9 coastal State; 10 ‘‘(vii) for areas identified under 11 clauses (iii), (iv), (v), and (vi), identifica- 12 tion of current availability and potential 13 for expansion of public access to coastal 14 waters; 15 ‘‘(viii) a description of the degree of 16 community support for such strategic plan; 17 and 18 ‘‘(ix) a contingency plan for properties 19 that revert to the coastal State pursuant to 20 determinations made by the coastal State 21 under subsection (g)(4)(C); 22 ‘‘(C) may include detailed environmental 23 impacts on working waterfronts, including haz- 24 VerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3596.RH H3596 kjohnson on DSK79L0C42 with BILLS 11 •HR 3596 RH ards, sea level rise, inundation exposure, and 1 other resiliency issues; 2 ‘‘(D) may be part of the management pro- 3 gram approved under section 306; 4 ‘‘(E) shall utilize to the maximum extent 5 practicable existing information contained in 6 relevant surveys, plans, or other strategies to ful- 7 fill the information requirements under this 8 paragraph; and 9 ‘‘(F) shall incorporate the policies and regu- 10 lations adopted by communities under local 11 working waterfront plans or strategies in exist- 12 ence before the date of the enactment of this sec- 13 tion. 14 ‘‘(3) A working waterfront plan— 15 ‘‘(A) shall be effective for purposes of this 16 section for the 5-year period beginning on the 17 date it is approved by the Secretary; 18 ‘‘(B) must be updated and re-approved by 19 the Secretary before the end of such period; and 20 ‘‘(C) shall be complimentary to and incor- 21 porate the policies and objectives of regional or 22 local working waterfront plans as in effect before 23 the date of enactment of this section or as subse- 24 quently revised. 25 VerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H3596.RH H3596 kjohnson on DSK79L0C42 with BILLS 12 •HR 3596 RH ‘‘(4) The Secretary may— 1 ‘‘(A) award planning grants to coastal 2 States for the purpose of developing or revising 3 comprehensive working waterfront plans; and 4 ‘‘(B) award grants consistent with the pur- 5 poses of this section to States undertaking the 6 working waterfront planning process under this 7 section, for the purpose of preserving and pro- 8 tecting working waterfronts during such process. 9 ‘‘(5) Any coastal State applying for a working 10 waterfront grant under this title shall— 11 ‘‘(A) develop a working waterfront plan, 12 using a process that involves the public and those 13 with an interest in the coastal zone; 14 ‘‘(B) coordinate development and implemen- 15 tation of such a plan with other coastal manage- 16 ment programs, regulations, and activities of the 17 coastal State; and 18 ‘‘(C) if the coastal State allows qualified 19 holders (other than the coastal State) to enter 20 into working waterfront covenants, provide as 21 part of the working waterfront plan under this 22 subsection a mechanism or procedure to ensure 23 that the qualified holders are complying their 24 VerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H3596.RH H3596 kjohnson on DSK79L0C42 with BILLS 13 •HR 3596 RH duties to enforce the working waterfront cov- 1 enant. 2 ‘‘(d) USES, TERMS, AND CONDITIONS.— 3 ‘‘(1) Each grant made by the Secretary under 4 this section shall be subject to such terms and condi- 5 tions as may be appropriate to ensure that the grant 6 is used for purposes consistent with this section. 7 ‘‘(2) A grant under this section may be used— 8 ‘‘(A) to acquire a working waterfront, or an 9 interest in a working waterfront; 10 ‘‘(B) to make improvements to a working 11 waterfront, including the construction or repair 12 of wharfs, boat ramps, or related facilities; or 13 ‘‘(C) for necessary climate adaptation miti- 14 gation. 15 ‘‘(e) PUBLIC ACCESS REQUIREMENT.—A working wa- 16 terfr [Text truncated for display. Full text available on Congress.gov.]