Waterfront Community Revitalization and Resiliency Act of 2015

Summary: (This measure has not been amended since it was reported to the Senate on June 8, 2016.  Waterfront Community Revitalization and Resiliency Act of 2015 (Sec. 4) This bill requires the Department of Commerce to designate as a resilient waterfront community a unit of local government or Indian tribe that meets specified criteria and is:   bound in part by the Great Lakes or the ocean, or bordered or traversed by a riverfront or an inland lake;  self-nominated as a resilient waterfront community; and  designated as one by Commerce on the basis of a community-developed plan.  In making such a designation for inland lake and riverfront communities, Commerce must work with the Environmental Protection Agency and the heads of other federal agencies as necessary.  A resilient waterfront community plan is a community-driven vision and plan developed:  voluntarily at the discretion of the community to respond to local needs or take advantage of new water-oriented opportunities;  with the leadership of the relevant governmental entity or Indian tribe and the active participation of community residents, utilities, and interested business and nongovernmental stakeholders;  in consideration of all applicable state and federal coastal zone management planning;  to address economic competitive strengths; and  to complement and incorporate the objectives and recommendations of regional economic plans.   A resilient waterfront community plan shall consider all, or a portion of, the waterfront area and adjacent land and water to which it is connected ecologically, economically, or through local governmental or tribal boundaries, and integrate consideration of:  the economic opportunities resulting from water proximity and access and the community's relationship to the water;  ecosystem challenges and projections, including extreme weather and water conditions;  infrastructure needs and opportunities to facilitate specified strategic and sustainable capital investments; and  such other factors that align with metrics or indicators for resiliency, considering environmental and economic changes.   After the designation of a resilient waterfront community, its plan may be effective for a 10-year period.  (Sec. 5) Commerce must: (1) develop and maintain a resilient waterfront communities network to facilitate the sharing of best practices among waterfront communities; and (2) recognize such communities formally and publicly to promote tourism, investment, or other benefits.  (Sec. 6) Commerce may use existing authority to support:   the development of a resilient waterfront community plan, including planning and feasibility analysis; and  the implementation of strategic components after the plan has been approved.   A lead nonfederal partner (a local government or Indian tribe) may contract with an eligible nonfederal implementation partner (a nonprofit organization, a public utility, a private entity, an institution of higher education, a state government, or a regional organization) for implementation activities, such as site preparation, environmental review, acquisition of easements or land for uses for green infrastructure, construction of public waterfront or boating amenities and public spaces, and infrastructure upgrades to improve coastal resiliency. In developing a plan, a resilient waterfront community, among other eligible planning activities, may:   conduct community visioning and outreach; and  collaborate across local agencies and work with regional, state, and federal agencies to identify, understand, and develop responses to changing ecosystem and economic circumstances.   Assistance may be furnished to:   initiate implementation of a resilient waterfront community plan and facilitate high-quality development, including leveraging local and private sector investment; and address strategic community priorities identified in the plan.   The lead nonfederal partner shall ensure that assistance and resources received by it to advance its resilient waterfront community plan and for related activities are used for the purposes of any initiative advanced by Commerce to promote waterfront community revitalization and resiliency.  A resilient waterfront community that receives assistance under this bill shall furnish nonfederal funds from entities eligible to be nonfederal implementation partners toward the completion of planning or implementation activities.  (Sec. 7) At regular intervals Commerce must give a list of resilient waterfront communities to the applicable states and the heads of national and regional offices of interested federal agencies. (Sec. 8) Nothing in this bill may be construed as establishing new authority for any federal agency.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Waterfront Community Revitalization 
and Resiliency Act of 2015''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) many communities in the United States were developed 
        along waterfronts;
            (2) water proximity and access is a recognized economic 
        driver;
            (3) water shortages faced by parts of the United States 
        underscore the need to manage water sustainably and restore 
        water quality;
            (4) interest in waterfront revitalization and development 
        has grown, while the circumstances driving waterfront 
        development have changed;
            (5) waterfront communities face challenges to revitalizing 
        and leveraging water resources, such as outdated development 
        patterns, deteriorated water infrastructure, industrial 
        contamination of soil and sediment, and lack of public access 
        to the waterfront, which are often compounded by overarching 
        economic distress in the community;
            (6) public investment in waterfront community development 
        and infrastructure should reflect changing ecosystem conditions 
        and extreme weather projections to ensure strategic, resilient 
        investments;
            (7) individual communities have unique priorities, 
        concerns, and opportunities related to waterfront restoration 
        and community revitalization; and
            (8) the Secretary of Commerce has unique expertise in Great 
        Lakes and ocean coastal resiliency and economic development.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (2) Resilient waterfront community.--The term ``resilient 
        waterfront community'' means a unit of local government or 
        Indian tribe that is--
                    (A)(i) bound in part by--
                            (I) the Great Lakes; or
                            (II) the ocean; or
                    (ii) bordered or traversed by a riverfront or an 
                inland lake;
                    (B) self-nominated as a resilient waterfront 
                community; and
                    (C) designated by the Secretary as a resilient 
                waterfront community on the basis of the development by 
                the community of an eligible resilient waterfront 
                community plan, with eligibility determined by the 
                Secretary after considering the requirements of 
                subsections (b) and (c) of section 4.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 4. RESILIENT WATERFRONT COMMUNITIES DESIGNATION.

    (a) Designation.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall designate resilient waterfront communities based on the 
        extent to which a community meets the criteria described in 
        subsection (b).
            (2) Collaboration.--For inland lake and riverfront 
        communities, in making the designation described in paragraph 
        (1), the Secretary shall work with the Administrator of the 
        Environmental Protection Agency and the heads of other Federal 
        agencies, as the Secretary determines to be necessary.
    (b) Resilient Waterfront Community Plan.--A resilient waterfront 
community plan is a community-driven vision and plan that is 
developed--
            (1) voluntarily at the discretion of the community--
                    (A) to respond to local needs; or
                    (B) to take advantage of new water-oriented 
                opportunities;
            (2) with the leadership of the relevant governmental entity 
        or Indian tribe with the active participation of--
                    (A) community residents;
                    (B) utilities; and
                    (C) interested business and nongovernmental 
                stakeholders;
            (3) as a new document or by amending or compiling community 
        planning documents, as necessary, at the discretion of the 
        Secretary;
            (4) in consideration of all applicable State and Federal 
        coastal zone management planning requirements;
            (5) to address economic competitive strengths; and
            (6) to complement and incorporate the objectives and 
        recommendations of applicable regional economic plans.
    (c) Components of a Resilient Waterfront Community Plan.--A 
resilient waterfront community plan shall--
            (1) consider all, or a portion of, the waterfront area and 
        adjacent land and water to which the waterfront is connected 
        ecologically, economically, or through local governmental or 
        tribal boundaries;
            (2) describe a vision and plan for the community to develop 
        as a vital and resilient waterfront community, integrating 
        consideration of--
                    (A) the economic opportunities resulting from water 
                proximity and access, including--
                            (i) water-dependent industries;
                            (ii) water-oriented commerce; and
                            (iii) recreation and tourism;
                    (B) the community relationship to the water, 
                including--
                            (i) quality of life;
                            (ii) public health;
                            (iii) community heritage; and
                            (iv) public access, particularly in areas 
                        in which publicly funded ecosystem restoration 
                        is underway;
                    (C) ecosystem challenges and projections, including 
                unresolved and emerging impacts to the health and 
                safety of the waterfront and projections for extreme 
                weather and water conditions;
                    (D) infrastructure needs and opportunities, to 
                facilitate strategic and sustainable capital 
                investments in--
                            (i) docks, piers, and harbor facilities;
                            (ii) protection against storm surges, 
                        waves, and flooding;
                            (iii) stormwater, sanitary sewer, and 
                        drinking water systems, including green 
                        infrastructure and opportunities to control 
                        nonpoint source runoff; and
                            (iv) other community facilities and private 
                        development; and
                    (E) such other factors as are determined by the 
                Secretary to align with metrics or indicators for 
                resiliency, considering environmental and economic 
                changes.
    (d) Duration.--After the designation of a community as a resilient 
waterfront community under subsection (a), a resilient waterfront 
community plan developed in accordance with subsections (b) and (c) may 
be--
            (1) effective for the 10-year period beginning on the date 
        on which the Secretary approves the resilient waterfront 
        community plan; and
            (2) updated by the resilient waterfront community and 
        submitted to the Secretary for the approval of the Secretary 
        before the expiration of the 10-year period.

SEC. 5. RESILIENT WATERFRONT COMMUNITIES NETWORK.

    (a) In General.--The Secretary shall develop and maintain a 
resilient waterfront communities network to facilitate the sharing of 
best practices among waterfront communities.
    (b) Public Recognition.--In consultation with designated resilient 
waterfront communities, the Secretary shall provide formal public 
recognition of the designated resilient waterfront communities to 
promote tourism, investment, or other benefits.

SEC. 6. WATERFRONT COMMUNITY REVITALIZATION ACTIVITIES.

    (a) In General.--To support a community in leveraging other sources 
of public and private investment, the Secretary may use existing 
authority to support--
            (1) the development of a resilient waterfront community 
        plan, including planning and feasibility analysis; and
            (2) the implementation of strategic components of a 
        resilient waterfront community plan after the resilient 
        waterfront community plan has been approved by the Secretary.
    (b) Non-Federal Partners.--
            (1) Lead non-federal partners.--A unit of local government 
        or an Indian tribe shall be eligible to be considered as a lead 
        non-Federal partner if the unit of local government or Indian 
        tribe is--
                    (A) bound in part by--
                            (i) the Great Lakes; or
                            (ii) the ocean; or
                    (B) bordered or traversed by a riverfront or an 
                inland lake.
            (2) Non-federal implementation partners.--Subject to 
        subsection (d)(3), a lead non-Federal partner may contract with 
        an eligible non-Federal implementation partner for 
        implementation activities described in subsection (d)(2).
    (c) Planning Activities.--
            (1) In general.--Technical assistance may be provided for 
        the development of a resilient waterfront community plan.
            (2) Eligible planning activities.--In developing a 
        resilient waterfront community plan, a resilient waterfront 
        community may--
                    (A) conduct community visioning and outreach;
                    (B) identify challenges and opportunities;
                    (C) develop strategies and solutions;
                    (D) prepare plan materials, including text, maps, 
                design, and preliminary engineering;
                    (E) collaborate across local agencies and work with 
                regional, State, and Federal agencies to identify, 
                understand, and develop responses to changing ecosystem 
                and economic circumstances; and
                    (F) conduct other planning activities that the 
                Secretary considers necessary for the development of a 
                resilient waterfront community plan that responds to 
                revitalization and resiliency issues confronted by the 
                resilient waterfront community.
    (d) Implementation Activities.--
            (1) In general.--Implementation assistance may be 
        provided--
                    (A) to initiate implementation of a resilient 
                waterfront community plan and facilitate high-quality 
                development, including leveraging local and private 
                sector investment; and
                    (B) to address strategic community priorities that 
                are identified in the resilient waterfront community 
                plan.
            (2) Assistance.--Assistance may be provided to advance 
        implementation activities, such as--
                    (A) site preparation;
                    (B) environmental review;
                    (C) engineering and design;
                    (D) acquiring easements or land for uses such as 
                green infrastructure, public amenities, or assembling 
                development sites;
                    (E) updates to zoning codes;
                    (F) construction of--
                            (i) public waterfront or boating amenities; 
                        and
                            (ii) public spaces;
                    (G) infrastructure upgrades to improve coastal 
                resiliency;
                    (H) economic and community development marketing 
                and outreach; and
                    (I) other activities at the discretion of the 
                Secretary.
            (3) Implementation partners.--
                    (A) In general.--To assist in the completion of 
                implementation activities, a lead non-Federal partner 
                may contract or otherwise collaborate with a non-
                Federal implementation partner, including--
                            (i) a nonprofit organization;
                            (ii) a public utility;
                            (iii) a private entity;
                            (iv) an institution of higher education;
                            (v) a State government; or
                            (vi) a regional organization.
                    (B) Lead non-federal partner responsibility.--The 
                lead non-Federal partner shall ensure that assistance 
                and resources received by the lead non-Federal partner 
                to advance the resilient waterfront community plan of 
                the lead non-Federal partner and for related activities 
                are used for the purposes of, and in a manner 
                consistent with, any initiative advanced by the 
                Secretary for the purpose of promoting waterfront 
                community revitalization and resiliency.
    (e) Use of Non-Federal Resources.--
            (1) In general.--A resilient waterfront community receiving 
        assistance under this section shall provide non-Federal funds 
        toward completion of planning or implementation activities.
            (2) Non-federal resources.--Non-Federal funds may be 
        provided by--
                    (A) 1 or more units of local or tribal government;
                    (B) a State government;
                    (C) a nonprofit organization;
                    (D) a private entity;
                    (E) a foundation;
                    (F) a public utility; or
                    (G) a regional organization.

SEC. 7. INTERAGENCY AWARENESS.

    At regular intervals, the Secretary shall provide a list of 
resilient waterfront communities to the applicable States and the heads 
of national and regional offices of interested Federal agencies, 
including at a minimum--
            (1) the Secretary of Transportation;
            (2) the Secretary of Agriculture;
            (3) the Administrator of the Environmental Protection 
        Agency;
            (4) the Administrator of the Federal Emergency Management 
        Agency;
            (5) the Assistant Secretary of the Army for Civil Works;
            (6) the Secretary of the Interior; and
            (7) the Secretary of Housing and Urban Development.

SEC. 8. NO NEW REGULATORY AUTHORITY.

    Nothing in this Act may be construed as establishing new authority 
for any Federal agency.

            Passed the Senate July 14, 2016.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                S. 1935

_______________________________________________________________________

                                 AN ACT

To require the Secretary of Commerce to undertake certain activities to 
      support waterfront community revitalization and resiliency.