II 

114TH CONGRESS 

1ST SESSION S. 1935 

To require the Secretary of Commerce to undertake certain activities to 

support waterfront community revitalization and resiliency. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 4, 2015 

Ms. BALDWIN (for herself, Mr. KING, Mr. WYDEN, and Mr. PETERS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To require the Secretary of Commerce to undertake certain 

activities to support waterfront community revitalization 

and resiliency. 

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 Community 

5 Revitalization and Resiliency Act of 2015’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) many communities in the United States 

9 were developed along waterfronts; 


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1 (2) water proximity and access is a recognized 

2 economic driver; 

3 (3) water shortages faced by parts of the 

4 United States underscore the need to manage water 

5 sustainably and restore water quality; 

6 (4) interest in waterfront revitalization and de7 velopment has grown, while the circumstances driv8 ing waterfront development have changed; 

9 (5) waterfront communities face challenges to 

10 revitalizing and leveraging water resources, such as 

11 outdated development patterns, deteriorated water 

12 infrastructure, industrial contamination of soil and 

13 sediment, and lack of public access to the water14 front, which are often compounded by overarching 

15 economic distress in the community; 

16 (6) public investment in waterfront community 

17 development and infrastructure should reflect chang18 ing ecosystem conditions and extreme weather pro19 jections to ensure strategic, resilient investments; 

20 (7) individual communities have unique prior21 ities, concerns, and opportunities related to water22 front restoration and community revitalization; and 

23 (8) the Secretary of Commerce has unique ex24 pertise in Great Lakes and ocean coastal resiliency 

25 and economic development. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) RESILIENT WATERFRONT COMMUNITY.— 

4 The term ‘‘resilient waterfront community’’ means a 

5 unit of local government or Indian tribe that is— 

6 (A)(i) bound in part by— 

7 (I) the Great Lakes; or 

8 (II) the ocean; or 

9 (ii) bordered or traversed by a riverfront or 

10 an inland lake; 

11 (B) self-nominated as a resilient water12 front community; and 

13 (C) designated by the Secretary as a resil14 ient waterfront community on the basis of the 

15 development by the community of an eligible re16 silient waterfront community plan, with eligi17 bility determined by the Secretary after consid18 ering the requirements of subsections (b) and 

19 (c) of section 4. 

20 (2) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Commerce. 

22 SEC. 4. RESILIENT WATERFRONT COMMUNITIES DESIGNA23 TION. 

24 (a) DESIGNATION.— 

25 (1) IN GENERAL.—Subject to paragraph (2), 

26 the Secretary shall designate resilient waterfront 


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1 communities based on the extent to which a commu2 nity meets the criteria described in subsection (b). 

3 (2) COLLABORATION.—For inland lake and 

4 riverfront communities, in making the designation 

5 described in paragraph (1) and promulgating criteria 

6 and best practices, the Secretary shall work with the 

7 Administrator of the Environmental Protection 

8 Agency and the heads of other Federal agencies, as 

9 the Secretary determines to be necessary to provide 

10 comparable services to waterfront communities not 

11 located on Great Lakes or ocean coasts. 

12 (b) RESILIENT WATERFRONT COMMUNITY PLAN.— 

13 A resilient waterfront community plan is a community14 driven vision and plan that is developed— 

15 (1) voluntarily at the discretion of the commu16 nity— 

17 (A) to respond to local needs; or 

18 (B) to take advantage of new water-ori19 ented opportunities; 

20 (2) with the leadership of the relevant govern21 mental entity or Indian tribe with the active partici22 pation of— 

23 (A) community residents; 

24 (B) utilities; and 


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1 (C) interested business and nongovern2 mental stakeholders; 

3 (3) as a new document or by amending or com4 piling community planning documents, as necessary, 

5 at the discretion of the Secretary; 

6 (4) in consideration of with all applicable State 

7 and Federal coastal zone management planning re8 quirements; 

9 (5) to address economic competitive strengths; 

10 and 

11 (6) to complement and incorporate the objec12 tives and recommendations of applicable regional 

13 economic plans. 

14 (c) COMPONENTS OF A RESILIENT WATERFRONT

15 COMMUNITY PLAN.—A resilient waterfront community 

16 plan shall— 

17 (1) consider all, or a portion of, the waterfront 

18 area and adjacent land and water to which the wa19 terfront is connected ecologically, economically, or 

20 through local governmental or tribal boundaries; and 

21 (2) describe a vision and plan for the commu22 nity to develop as a vital and resilient waterfront 

23 community, integrating consideration of— 

24 (A) the economic opportunities resulting 

25 from water proximity and access, including— 


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1 (i) water-dependent industries; 

2 (ii) water-oriented commerce; and 

3 (iii) recreation and tourism; 

4 (B) the community relationship to the 

5 water, including— 

6 (i) quality of life; 

7 (ii) public health; 

8 (iii) community heritage; and 

9 (iv) public access, particularly in areas 

10 in which publicly funded ecosystem res11 toration is underway; 

12 (C) ecosystem challenges and projections, 

13 including unresolved and emerging impacts to 

14 the health and safety of the waterfront and pro15 jections for extreme weather and water condi16 tions; 

17 (D) infrastructure needs and opportunities, 

18 to facilitate strategic and sustainable capital in19 vestments in— 

20 (i) docks, piers, and harbor facilities; 

21 (ii) protection against storm surges, 

22 waves, and flooding; 

23 (iii) stormwater, sanitary sewer, and 

24 drinking water systems, including green inVerDate Sep 11 2014 02:48 Aug 11, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1935.IS S1935

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1 frastructure and opportunities to control 

2 nonpoint source runoff; and 

3 (iv) other community facilities and 

4 private development; and 

5 (E) such other factors as are determined 

6 by the Secretary to align with metrics or indica7 tors for resiliency, considering environmental 

8 and economic changes. 

9 (d) DURATION.—After the designation of a commu10 nity as a resilient waterfront community under subsection 

11 (a), a resilient waterfront community plan developed in ac12 cordance with subsections (b) and (c) shall be— 

13 (1) effective for the 10-year period beginning on 

14 the date on which the Secretary approves the resil15 ient waterfront community plan; and 

16 (2) updated by the resilient waterfront commu17 nity and submitted to the Secretary for the approval 

18 of the Secretary before the expiration of the 10-year 

19 period. 

20 SEC. 5. RESILIENT WATERFRONT COMMUNITIES NETWORK. 

21 (a) IN GENERAL.—The Secretary shall develop a re22 silient waterfront communities network to facilitate the 

23 sharing of best practices and technical assistance among 

24 waterfront communities. 


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1 (b) PUBLIC RECOGNITION.—In consultation with 

2 designated resilient waterfront communities, the Secretary 

3 shall provide formal public recognition of the designated 

4 resilient waterfront communities to promote tourism, in5 vestment, or other benefits. 

6 SEC. 6. WATERFRONT COMMUNITY REVITALIZATION 

7 GRANT PROGRAM. 

8 (a) IN GENERAL.—The Secretary shall establish 

9 within the Department of Commerce a program under 

10 which the Secretary shall provide planning and implemen11 tation grants that leverage other sources of public and pri12 vate investment to assist with the following eligible activi13 ties: 

14 (1) The development of resilient waterfront 

15 community plans, including such costs as planning 

16 and feasibility analysis. 

17 (2) Implementation of strategic components of 

18 a resilient waterfront community plan, once a plan 

19 has been approved by the Secretary. 

20 (b) ELIGIBLE APPLICANTS.— 

21 (1) LEAD APPLICANTS.—A unit of local govern22 ment or an Indian tribe shall be eligible to apply as 

23 a lead applicant for a grant under subsection (a) if 

24 the unit of local government or Indian tribe is— 

25 (A) bound in part by— 


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1 (i) the Great Lakes; or 

2 (ii) the ocean; or 

3 (B) bordered or traversed by a riverfront 

4 or an inland lake. 

5 (2) SUBAWARDS.—Subject to subsection (d)(3), 

6 a lead applicant may provide a subaward to an eligi7 ble subawardee for implementation activities de8 scribed in subsection (d)(2). 

9 (c) USE OF PLANNING FUNDS.— 

10 (1) IN GENERAL.—Planning funds received 

11 through a grant under subsection (a) shall be used 

12 to develop a resilient waterfront community plan. 

13 (2) ELIGIBLE PLANNING ACTIVITIES.—In devel14 oping a resilient waterfront community plan using 

15 amounts made available under subsection (a), a re16 silient waterfront community may— 

17 (A) conduct community visioning and out18 reach; 

19 (B) identify challenges and opportunities; 

20 (C) develop strategies and solutions; 

21 (D) prepare plan materials, including text, 

22 maps, design, and preliminary engineering; 

23 (E) collaborate across local agencies and 

24 work with regional, State, and Federal agencies 

25 to identify, understand, and develop responses 


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1 to changing ecosystem and economic cir2 cumstances; and 

3 (F) conduct other planning activities that 

4 the Secretary considers necessary for the devel5 opment of a resilient waterfront community 

6 plan that responds to revitalization and resil7 iency issues confronted by the resilient water8 front community. 

9 (d) USE OF IMPLEMENTATION FUNDS.— 

10 (1) IN GENERAL.—Implementation funds re11 ceived through a grant under subsection (a)— 

12 (A) shall be used to initiate implementa13 tion of a resilient waterfront community plan 

14 and facilitate high-quality development, includ15 ing leveraging local and private sector invest16 ment; and 

17 (B) may be used on 1 or more eligible ac18 tivities to address strategic community prior19 ities that are identified in the resilient water20 front community plan. 

21 (2) ELIGIBLE IMPLEMENTATION ACTIVITIES.— 

22 Grant funds may be used flexibly across 1 or more 

23 eligible implementation costs, such as— 

24 (A) site preparation; 

25 (B) environmental review; 


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1 (C) engineering and design; 

2 (D) acquiring easements or land for uses 

3 such as green infrastructure, public amenities, 

4 or assembling development sites; 

5 (E) updates to zoning codes; 

6 (F) construction of— 

7 (i) public waterfront or boating amen8 ities; and 

9 (ii) public spaces; 

10 (G) infrastructure upgrades to improve 

11 coastal resiliency; 

12 (H) economic and community development 

13 marketing and outreach; and 

14 (I) other activities at the discretion of the 

15 Secretary. 

16 (3) IMPLEMENTATION SUBAWARDS.— 

17 (A) IN GENERAL.—To assist in imple18 menting eligible implementation activities, a 

19 lead applicant may grant subawards from im20 plementation funds to eligible subawardees, in21 cluding— 

22 (i) a nonprofit organization; 

23 (ii) a public utility; 

24 (iii) a private entity; 

25 (iv) an institution of higher education; 


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1 (v) a State government; or 

2 (vi) a regional organization. 

3 (B) LEAD APPLICANT RESPONSIBILITY.— 

4 The lead applicant shall ensure that grant 

5 funds, including funds awarded as a subaward, 

6 are used for the purposes of, and in a manner 

7 consistent with, the waterfront community revi8 talization grant program. 

9 (e) SPECIFICATIONS ON USE OF GRANT FUNDS.— 

10 (1) IN GENERAL.—A grant made under this 

11 section shall be not less than $50,000 or more than 

12 $1,000,000. 

13 (2) LIMITATIONS ON USE.—In accordance with 

14 the grant agreement, a resilient waterfront commu15 nity shall spend no more than $200,000 of any 

16 grant awarded under this section on planning activi17 ties, with remaining grant award balances reserved 

18 for implementation activities after the approval of 

19 the Secretary of an approved resilient waterfront 

20 community plan. 

21 (3) MATCHING FUNDS.— 

22 (A) IN GENERAL.—A resilient waterfront 

23 community receiving a grant under this section 

24 shall provide non-Federal matching funds to25 ward completion of an eligible project in an 


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1 amount equal to not less than 25 percent of the 

2 grant amount. 

3 (B) NON-FEDERAL MATCH.—Non-Federal 

4 matching funds may be provided by— 

5 (i) 1 or more units of local or tribal 

6 government; 

7 (ii) a State government; 

8 (iii) a nonprofit organization; 

9 (iv) a private entity; 

10 (v) a foundation; 

11 (vi) a public utility; or 

12 (vii) a regional organization. 

13 (C) IN-KIND MATCH.—The Secretary shall 

14 treat as non-Federal matching funds the value 

15 of in-kind contributions of land or easements 

16 held in perpetuity by the resilient waterfront 

17 community. 

18 (4) FUNDING PERIODS.—In establishing obliga19 tion and expenditure periods for grants under this 

20 section, the Secretary shall provide grant periods 

21 that enable funds to be used strategically to match 

22 private or public sector investments in planning and 

23 implementation. 


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1 SEC. 7. INTERAGENCY AWARENESS. 

2 (a) INTERAGENCY AWARENESS.—At regular inter3 vals, the Secretary shall provide a list of resilient water4 front communities to the applicable States and the heads 

5 of national and regional offices of interested Federal agen6 cies, including at a minimum— 

7 (1) the Secretary of Transportation; 

8 (2) the Secretary of Agriculture; 

9 (3) the Administrator of the Environmental 

10 Protection Agency; 

11 (4) the Administrator of the Federal Emer12 gency Management Agency; 

13 (5) the Assistant Secretary of the Army for 

14 Civil Works; 

15 (6) the Secretary of the Interior; and 

16 (7) the Secretary of Housing and Urban Devel17 opment. 

18 (b) INTERAGENCY COORDINATION.—To encourage 

19 consideration of opportunities for synergistic projects and 

20 timelines, the Secretary shall coordinate awareness of des21 ignated resilient waterfront communities among managers 

22 of relevant Federal grant and loan programs that fund 

23 projects or infrastructure that are addressed in a resilient 

24 waterfront community plan. 


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1 SEC. 8. PREFERENTIAL GRANT STATUS FOR FEDERAL 

2 FUNDING. 

3 (a) DEPARTMENT OF COMMERCE GRANT AND LOAN

4 PROGRAMS.—The Secretary shall provide to designated 

5 resilient waterfront communities preferential status in se6 lect grant and loan programs of the Department of Com7 merce, including— 

8 (1) the National Oceanic and Atmospheric Ad9 ministration; 

10 (2) the Economic Development Administration; 

11 and 

12 (3) other relevant entities under the authority 

13 of the Secretary. 

14 (b) OTHER GRANT AND LOAN PROGRAMS.—Consid15 ering the integration in resilient waterfront community 

16 plans of myriad components and project types tradition17 ally funded through separate agencies and departments 

18 and the opportunity that resilient waterfront communities 

19 present for resilient long-term investment, the heads of 

20 other interested Federal agencies and departments, in21 cluding the agency heads described in section 7(a), are en22 couraged to provide designated resilient waterfront com23 munities with preferential status in grant and loan pro24 grams. 


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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to the Sec3 retary to carry out this Act $50,000,000 for each of fiscal 

4 years 2016 through 2020, to remain available until ex5 pended. 

Æ 


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