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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1723 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 1723

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to establish a grant program to ensure waterfront access for commercial 
                   fishermen, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2005

  Ms. Collins introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to establish a grant program to ensure waterfront access for commercial 
                   fishermen, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Working Waterfront Preservation Act 
of 2005''.

SEC. 2. COMMERCIAL FISHING ACCESS PROTECTION PROGRAM.

    The Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) is amended by adding at the end the following new 
title:

            ``TITLE V--GRANTS FOR COMMERCIAL FISHING ACCESS

``SEC. 501. DEFINITIONS.

    ``In this title:
            ``(1) Coastal state.--The term `Coastal State' has the 
        meaning given the term `coastal state' in section 304 of the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
            ``(2) Coastal waters.--The term `coastal waters' has the 
        meaning given that term in section 304 of the Coastal Zone 
        Management Act of 1971 (16 U.S.C. 1453).
            ``(3) Eligible entity.--The term `eligible entity' means--
                    ``(A) the government of a Coastal State;
                    ``(B) a unit of local government within a Coastal 
                State; or
                    ``(C) a nonprofit organization or a fishing 
                cooperative that the Secretary determines is 
                appropriate to receive a grant under section 502.
            ``(4) Eligible project.--The term `eligible project' 
        means--
                    ``(A) a project to acquire real property or an 
                interest in real property located in a Coastal State 
                for the purpose of providing access to persons engaged 
                in the commercial fishing industry or the aquaculture 
                industry to coastal waters in working waterfront areas; 
                or
                    ``(B) a project to make improvements to real 
                property located in a Coastal State and owned by an 
                eligible entity, including the construction or repair 
                of wharfs or related facilities, to provide access to 
                persons engaged in the commercial fishing industry or 
                the aquaculture industry to coastal waters in working 
                waterfront areas.
            ``(5) Fishing cooperative.--The term `fishing cooperative' 
        means a fishing or fish marketing association organized in a 
        coastal state for the purpose of a promoting, fostering, and 
        encouraging fishing or marketing of fish and fishery products 
        through cooperation of its members and for the benefit of their 
        members as producers of such products.
            ``(6) Nonprofit organization.--The term `nonprofit 
        organization' means an organization that is--
                    ``(A) described in section 501(c) of the Internal 
                Revenue Code of 1986; and
                    ``(B) exempt from taxation under section 501(a) of 
                the Internal Revenue Code of 1986.
            ``(7) State fisheries official.--The term `State fisheries 
        official' means the principal State official with marine 
        fishery management responsibility and expertise in a coastal 
        State, who is designated as such by the Governor of the State, 
        so long as the official continues to hold such position, or the 
        designee of such official.
            ``(8) Working waterfront areas.--The term `working 
        waterfront areas' means land that is used for or that supports 
        commercial fishing or the aquaculture industry.

``SEC. 502. GRANT PROGRAM.

    ``(a) In General.--The Secretary is authorized to award a grant to 
an eligible entity for the purpose of carrying out an eligible project.
    ``(b) Considerations.--In awarding a grant for an eligible project 
under this section, the Secretary shall consider--
            ``(1) the need for the eligible project based on the 
        assessment of need submitted under subsection (c)(2)(A);
            ``(2) the economic significance of the eligible project to 
        the commercial fishing industry or the aquaculture industry in 
        the immediate vicinity and in the Coastal State in which the 
        eligible project is located;
            ``(3) the degree of community support for the eligible 
        project;
            ``(4) the level of threat of that the property proposed to 
        be acquired or improved with such grant will be converted to 
        uses incompatible with commercial fishing or the aquaculture 
        industry;
            ``(5) the utility of the eligible project for commercial 
        fishing or the aquaculture industry, with respect to the 
        natural characteristics and developed infrastructure of the 
        property proposed to be acquired;
            ``(6) whether a business plan or a harbor plan exists for 
        the area in which the project will be located and whether the 
        eligible project is consistent with such plan;
            ``(7) for an eligible project described in section 
        501(4)(A), the availability of alternative real property or an 
        alternative interest in real property that would ensure that 
        persons engaged in the commercial fishing industry or the 
        aquaculture industry have access to coastal waters in working 
        waterfront areas; and
            ``(8) whether a land use plan exists for the area in which 
        the project will be located and whether the project is 
        consistent with such plan.
    ``(c) Application and Review.--
            ``(1) In general.--An eligible entity that seeks a grant 
        under this section shall submit to the appropriate State 
        fisheries official, at such time and in such manner as the 
        Secretary shall prescribe, an application for the grant.
            ``(2) Assessment of need.--An application for a grant may 
        be considered by the Secretary if the appropriate State 
        fisheries official--
                    ``(A) prepares an assessment of the need for the 
                proposed eligible project, taking into account--
                            ``(i) the needs of the commercial fishing 
                        industry or the aquaculture industry in the 
                        State;
                            ``(ii) the needs of other industries and 
                        other parties in the area in which the project 
                        will be located;
                            ``(iii) whether alternative sites exist for 
                        the proposed project; and
                            ``(iv) the social and cultural value of the 
                        industries to the affected community and State; 
                        and
                    ``(B) submits to the Secretary--
                            ``(i) the application submitted under 
                        paragraph (1); and
                            ``(ii) the assessment of need prepared 
                        under subparagraph (A).
    ``(d) Cost Sharing.--
            ``(1) In general.--The amount of a grant awarded under this 
        section to carry out an eligible project may not exceed 75 
        percent of the total cost of the eligible project.
            ``(2) Assurances.--As a condition of receipt of a grant 
        under this section, an eligible entity shall 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 secured.
            ``(3) Form.--The share of the cost of carrying out an 
        eligible project that is not funded by a grant awarded under 
        this section may be provided in cash or in kind (including a 
        donation of land).
    ``(e) Use of Grant Funds for Eligible Projects.--
            ``(1) Purchases.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), grants awarded under this section may 
                be used to purchase privately-owned real property or 
                interests in privately-owned real property, including 
                easements, only from willing sellers at fair market 
                value.
                    ``(B) Sales at less than fair market value.--A 
                grant awarded under this section may be used to acquire 
                privately-owned real property or an interest in 
                privately-owned real property at less than fair market 
                value only if the owner certifies to the Secretary that 
                the sale is being entered into willingly and without 
                coercion.
                    ``(C) No exercise of eminent domain.--No Federal, 
                State, or local agency may exercise the power of 
                eminent domain to secure title to any real property or 
                facilities in connection with a project carried out 
                under this title.
            ``(2) Title.--Title to real property or an interest in real 
        property acquired with a grant awarded under this section may 
        be held, as determined appropriate by the Secretary in 
        consultation with the appropriate Coastal State, by--
                    ``(A) the Coastal State;
                    ``(B) a unit of local government of the Coastal 
                State;
                    ``(C) a nonprofit organization; or
                    ``(D) a fishing cooperative.
    ``(f) Continued Access to Coastal Waters.--
            ``(1) Requirement for agreement.--The Secretary shall enter 
        into an agreement with an eligible entity that receives a grant 
        under this section. Such agreement shall require the eligible 
        entity to provide the Secretary the assurances that the 
        Secretary determines are appropriate to ensure that the 
        eligible project is not converted to a use that is inconsistent 
        with the purposes for which the grant was awarded.
            ``(2) Reversionary interest.--
                    ``(A) In general.--If the Governor of a Coastal 
                State makes a determination described in subparagraph 
                (B), all right, title, and interest in and to the 
                property shall, except as provided in subparagraph (C), 
                revert, at the option of the Governor, to the Coastal 
                State, and the State shall have the right of immediate 
                entry onto the property. Any determination of the 
                Governor under this paragraph shall be made on the 
                record after an opportunity for a hearing.
                    ``(B) Determination.--The determination referred to 
                in subparagraph (A) is a determination that--
                            ``(i) the unit of local government or 
                        nonprofit organization is unable or unwilling 
                        to enforce the terms of the easement; or
                            ``(ii) the easement has been modified in a 
                        manner that is inconsistent with the purposes 
                        for which the grant was awarded.
                    ``(C) Conveyance to another unit of local 
                government or nonprofit organization.--If the Governor 
                of a Coastal State makes a determination under 
                subparagraph (B), the State may convey or authorize the 
                unit of local government or nonprofit organization to 
                convey the easement to another unit of local government 
                or nonprofit organization.
    ``(g) Approval or Disapproval.--
            ``(1) In general.--Subject to paragraph (2), as soon as 
        practicable after the date on which the Secretary receives an 
        application under subsection (c)(2)(B), the Secretary shall--
                    ``(A) review the application; and
                    ``(B)(i) award a grant to the applicant; or
                    ``(ii) disapprove the application and provide the 
                applicant a statement that describes the reasons why 
                the application was disapproved, including a deadline 
                by which the applicant may resubmit the application.
    ``(h) Administrative Costs.--A Coastal State, on approval of the 
Secretary and subject to any regulations promulgated by the Secretary, 
may use up to 10 percent of the amounts made available under this 
section to pay the administrative costs of the Coastal State relating 
to the program.
    ``(i) Treatment of Purchase Proceeds.--For purposes of the Internal 
Revenue Code of 1986, gross income shall not include 50 percent of the 
gain from the sale or exchange of private land or interests in private 
land in purchases described in subsection (e)(1).

``SEC. 503. ANNUAL REPORT.

    ``The Secretary shall submit to Congress an annual report that 
describes the eligible projects carried out using grants awarded under 
this title.''.

SEC. 3. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated to the Secretary of 
Commerce $50,000,000 for each of the fiscal years 2005 and 2007 to 
carry out the provisions of title V of the Magnuson-Stevens Fishery 
Conservation and Management Act, as added by section 2.
                                 <all>
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