I 

113TH CONGRESS 

1ST SESSION H. R. 2875 

To authorize programs and activities for the improvement and protection 

of ports and harbors, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2013 

Ms. VELA ́ZQUEZ introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Financial Services and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize programs and activities for the improvement 

and protection of ports and harbors, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Waterfront of Tomor5 row Act of 2013’’. 

6 SEC. 2. STUDIES. 

7 (a) MEASURES TO IMPROVE FLOOD PROTECTION

8 AND CLIMATE RESILIENCE FOR NEW YORK CITY.— 


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1 (1) STUDY.—The Secretary of the Army shall 

2 conduct a study of measures to improve flood protec3 tion and climate resilience for New York City, using 

4 both traditional engineering and green infrastructure 

5 technologies. 

6 (2) CONTENTS.—In conducting the study, the 

7 Secretary shall— 

8 (A) assess traditional engineering solu9 tions, including tide gates and seawalls; 

10 (B) assess, in consultation with the Admin11 istrator of the National Oceanic and Atmos12 pheric Administration, the use of alternative ap13 proaches, including oyster reef restoration, tidal 

14 wetland restoration and construction, and other 

15 natural designs that reduce storm surge im16 pacts and retain storm water while providing 

17 additional environmental benefits; 

18 (C) identify the cost and time associated 

19 with implementing the measures described in 

20 subparagraphs (A) and (B), the potential im21 pact of such measures on the surrounding envi22 ronment, and any adverse impacts of such 

23 measures on local housing, commerce, or recre24 ation; and 


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1 (D) make a recommendation as to which of 

2 such measures would provide the greatest pro3 tection for New York City coastal communities 

4 and critical infrastructure from an event of a 

5 magnitude that is equal to or greater than Hur6 ricane Sandy. 

7 (3) COORDINATION TO PREVENT DUPLICATION

8 OF EFFORTS.—The Secretary shall carry out the ac9 tivities under this section in coordination with the 

10 study to be conducted by the Secretary under the 

11 heading ‘‘Corps of Engineers—Civil—Investiga12 tions’’ in title II of Public Law 113–2 (127 Stat. 5). 

13 (4) REPORT.—Not later than 18 months after 

14 the date of enactment of this Act, the Secretary 

15 shall transmit to Congress a report on the results of 

16 the study. 

17 (5) CORPS OF ENGINEERS.—The Secretary 

18 shall carry out this subsection acting through the 

19 Chief of Engineers. 

20 (b) ENVIRONMENTAL IMPACT OF MAJOR DISAS21 TERS.— 

22 (1) STUDY.—The Administrator of the Envi23 ronmental Protection Agency, in consultation with 

24 the Administrator of the Occupational Safety and 

25 Health Administration, shall conduct a study of the 


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1 environmental impact of each major disaster that 

2 the Administrator determines will have a significant 

3 environmental impact on the waters of the United 

4 States. 

5 (2) DETERMINATIONS.—In making determina6 tions under paragraph (1), the Administrator of the 

7 Environmental Protection Agency shall ensure that 

8 the Administrator conducts studies under this sub9 section with respect to, at a minimum, 10 percent of 

10 the major disasters declared in a fiscal year. 

11 (3) CONTENTS.—The Administrator shall con12 duct a study under this subsection with respect to 

13 a major disaster with the specific goal of deter14 mining— 

15 (A) whether industrial facilities discharged 

16 pollutants or other hazards into local waterways 

17 or the water supply during the major disaster; 

18 and 

19 (B) if so, how to avoid or minimize the 

20 risk of such pollution incidents in the future. 

21 (4) REPORT.—Not later than 180 days after 

22 the date of the declaration of a major disaster de23 scribed in paragraph (1), the Administrator shall 

24 transmit to Congress a report on the results of the 


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1 study conducted under this subsection with respect 

2 to the major disaster. 

3 (5) MAJOR DISASTER DEFINED.—In this sub4 section, the term ‘‘major disaster’’ has the meaning 

5 given that term in section 102 of the Robert T. 

6 Stafford Disaster Relief and Emergency Assistance 

7 Act (42 U.S.C. 5122). 

8 SEC. 3. NATIONAL FREIGHT POLICY. 

9 (a) GOALS.—Section 167(b) of title 23, United States 

10 Code, is amended— 

11 (1) by striking ‘‘and’’ at the end of paragraph 

12 (5); 

13 (2) by striking the period at the end of para14 graph (6) and inserting a semicolon; 

15 (3) by striking the semicolon at the end of 

16 paragraph (7) and inserting ‘‘; and’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(8) to ensure that the socioeconomic and envi19 ronmental impacts of moving cargo through a com20 munity are fully accounted for in establishing the 

21 national freight network.’’. 

22 (b) PORTS AND HARBORS.—Section 167(c) of title 

23 23, United States Code, is amended by adding at the end 

24 the following: 


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1 ‘‘(3) PORTS AND HARBORS.—The Secretary 

2 shall ensure that ports and harbors are incorporated 

3 into the national freight network.’’. 

4 SEC. 4. NEXT GENERATION PORTS. 

5 (a) IMPROVEMENTS TO PORT INFRASTRUCTURE AND

6 INTERMODAL RAIL AND HIGHWAY NETWORKS.— 

7 (1) GRANTS.—The Secretary of the Army is au8 thorized to make grants to States and local govern9 ments for projects to improve port infrastructure 

10 and intermodal rail and highway networks. 

11 (2) CONSIDERATION OF LOCAL PREFERENCES

12 AND ENVIRONMENTAL CONCERNS.—In making 

13 grants to States and local governments under this 

14 subsection, the Secretary shall ensure that local 

15 preferences and environmental concerns are incor16 porated into any port infrastructure and intermodal 

17 transportation improvements, so that disruptions 

18 and adverse impacts are minimized. 

19 (b) GREEN PORTS.— 

20 (1) DESIGNATION.—The Administrator of the 

21 Maritime Administration, acting jointly with the Ad22 ministrator of the Environmental Protection Agency, 

23 shall establish a green port designation for ports 

24 that meet certain environmental standards. 


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1 (2) GRANTS AND TECHNICAL ASSISTANCE.— 

2 The Administrator of the Maritime Administration 

3 is authorized to provide grants and technical assist4 ance to a port designated as a green port pursuant 

5 to paragraph (1) to implement innovations that min6 imize the environmental impacts of port operations. 

7 SEC. 5. WATERFRONTS AS MAIN STREETS. 

8 (a) ESTABLISHMENT OF GRANT PROGRAM.—The 

9 Secretary of Commerce, acting through the Administrator 

10 of the Economic Development Administration, shall carry 

11 out a grant program in accordance with the requirements 

12 of this section. 

13 (b) AWARD OF GRANTS.—In carrying out the pro14 gram, the Secretary may make grants to States and local 

15 governments for projects to establish environmentally sus16 tainable waterfront areas. 

17 (c) APPLICATIONS.—A State or local government 

18 seeking a grant under the program shall submit to the 

19 Secretary an application at such time and containing such 

20 information as the Secretary may require. 

21 (d) CRITERIA.— 

22 (1) IN GENERAL.—The Secretary shall establish 

23 criteria for awarding grants for projects under the 

24 program. 


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1 (2) PRIORITY.—The criteria shall include an as2 sessment of whether the applicant is able to dem3 onstrate the potential of a project— 

4 (A) to generate economic growth and job 

5 creation; or 

6 (B) to improve the environmental sustain7 ability of waterfront areas. 

8 (e) MAXIMUM GRANT AMOUNT.—The Secretary may 

9 not make grants under this section to a State or local gov10 ernment in an amount that exceeds $10,000,000 in the 

11 aggregate. 

12 (f) REPORTING REQUIREMENT.—As a condition for 

13 receiving a grant under the program, a State or local gov14 ernment shall agree to submit to the Secretary an annual 

15 report on the achievement of performance measures, in16 cluding the criteria described in subsection (d)(2), by the 

17 State or local government for a period of 3 years after 

18 the grant is awarded. 

19 (g) FEDERAL SHARE.—The Federal share of the cost 

20 of a project carried out with funds from a grant under 

21 the program may not exceed 75 percent. 

Æ 


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