I 

118TH CONGRESS 

1ST SESSION H. R. 6641 

To amend the Coastal Zone Management Act of 1972 to establish a working 

waterfronts Task Force and working waterfronts grant and loan programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 6, 2023 

Ms. PINGREE (for herself, Mr. WITTMAN, Mr. HUFFMAN, Mr. KILMER, Mr. 

PALLONE, Mr. KEATING, Mr. GOLDEN of Maine, Mr. MOYLAN, and Ms. 

HOYLE of Oregon) introduced the following bill; which was referred to 

the Committee on Natural Resources 

A BILL 

To amend the Coastal Zone Management Act of 1972 to 

establish a working waterfronts Task Force and working 

waterfronts grant and loan programs, 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 ‘‘Keep America’s Water5 fronts Working Act’’. 


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1 SEC. 2. WORKING WATERFRONTS. 

2 The Coastal Zone Management Act of 1972 (16 

3 U.S.C. 1451 et seq.) is amended by inserting after section 

4 306A (16 U.S.C. 1455a) the following: 

5 ‘‘SEC. 306B. WORKING WATERFRONTS. 

6 ‘‘(a) TASK FORCE.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall estab8 lish a task force to work directly with covered enti9 ties, users of working waterfronts, and coastal stake10 holders to identify and address critical needs with 

11 respect to working waterfronts. 

12 ‘‘(2) MEMBERSHIP.—The Secretary shall ap13 point members of the Task Force, and shall in14 clude— 

15 ‘‘(A) experts in the unique economic, so16 cial, cultural, ecological, geographic, and re17 source concerns of working waterfronts; and 

18 ‘‘(B) representatives from— 

19 ‘‘(i) the Office of Coastal Management 

20 of the National Oceanic and Atmospheric 

21 Administration; 

22 ‘‘(ii) the United States Fish and Wild23 life Service; 

24 ‘‘(iii) the Department of Agriculture; 

25 ‘‘(iv) the Environmental Protection 

26 Agency; 


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1 ‘‘(v) the United States Geological Sur2 vey; 

3 ‘‘(vi) the Department of the Navy; 

4 ‘‘(vii) the National Marine Fisheries 

5 Service; 

6 ‘‘(viii) the Economic Development Ad7 ministration; 

8 ‘‘(ix) such other Federal agencies as 

9 the Secretary determines appropriate; 

10 ‘‘(x) Indian Tribes; and 

11 ‘‘(xi) Native Hawaiian organizations. 

12 ‘‘(3) FUNCTIONS.—The Task Force shall— 

13 ‘‘(A) identify and prioritize critical needs 

14 with respect to working waterfronts in coastal 

15 states that have a management program ap16 proved under section 306, in the areas of— 

17 ‘‘(i) economic and cultural importance 

18 of such working waterfronts to commu19 nities; 

20 ‘‘(ii) changing circumstances and 

21 threats such working waterfronts face from 

22 trade barriers and environmental changes, 

23 including sea level rise, extreme weather 

24 events, ocean acidification, and harmful 

25 algal blooms; and 


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1 ‘‘(iii) identifying such working water2 fronts and highlighting them within com3 munities; 

4 ‘‘(B) outline options, in consultation with 

5 coastal states and coastal stakeholders, to ad6 dress each critical need identified under sub7 paragraph (A), including adaptation and miti8 gation options where applicable; 

9 ‘‘(C) identify which Federal agency is re10 sponsible for addressing each critical need iden11 tified under subparagraph (A); and 

12 ‘‘(D) recommend which Federal agency is 

13 best suited to address each critical need identi14 fied under subparagraph (A) for which no re15 sponsible Federal agency is identified under 

16 subparagraph (C). 

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

18 the date of the enactment of this section, the Task 

19 Force shall submit to Congress a report regarding 

20 the findings of the Task Force under this sub21 section. 

22 ‘‘(5) IMPLEMENTATION.—Not later than 30 

23 months after the date of the enactment of this sec24 tion, the head of each Federal agency identified 

25 under paragraph (3)(C) shall, to the extent pracVerDate Sep 11 2014 21:07 Dec 20, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6641.IH H6641

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1 ticable and subject to the availability of appropria2 tions, implement the options outlined under para3 graph (3)(B). 

4 ‘‘(b) WORKING WATERFRONTS PLAN.— 

5 ‘‘(1) IN GENERAL.—A covered entity may sub6 mit to the Secretary a working waterfronts plan for 

7 approval under this subsection, which, as applicable 

8 and with respect to the covered entity— 

9 ‘‘(A) shall— 

10 ‘‘(i) provide for the preservation and 

11 expansion of access to coastal waters by 

12 coastal users; 

13 ‘‘(ii) be complementary to and incor14 porate the policies, objectives, and regula15 tions of regional and local working water16 fronts plans or strategies in effect before 

17 the date of the enactment of this section; 

18 ‘‘(iii) be developed through a process 

19 that— 

20 ‘‘(I) ensures the involvement of 

21 coastal stakeholders; and 

22 ‘‘(II) is consistent with other 

23 coastal management programs, regu24 lations, and activities of the covered 

25 entity; 


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1 ‘‘(iv) designate each qualified holder 

2 of the covered entity, if any; 

3 ‘‘(v) if the covered entity designates a 

4 qualified holder under clause (iv)— 

5 ‘‘(I) ensure that such qualified 

6 holder complies with the duty of a 

7 qualified holder to enforce each work8 ing waterfront covenant to which the 

9 qualified holder is a party; and 

10 ‘‘(II) certify that the covered en11 tity retains the responsibility to en12 sure that each affected working water13 front is managed in a manner that is 

14 consistent with the working water15 fronts plan of the covered entity; and 

16 ‘‘(vi) include— 

17 ‘‘(I) an assessment of the eco18 nomic, social, cultural, and historical 

19 value of working waterfronts; 

20 ‘‘(II) a description of any rel21 evant non-Federal laws and regula22 tions that affect working waterfronts 

23 in the geographic areas identified 

24 under subclauses (III) and (IV); 


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1 ‘‘(III) an identification of geo2 graphic areas where working water3 fronts are, as of the date of the enact4 ment of this subsection, under threat 

5 of conversion to uses incompatible 

6 with commercial and recreational fish7 ing, recreational fishing and boating 

8 businesses, aquaculture, boatbuilding, 

9 or other water-dependent, coastal-re10 lated business, and the level of that 

11 threat; 

12 ‘‘(IV) an identification of geo13 graphic areas with a historical connec14 tion to working waterfronts where 

15 working waterfronts are not, as of the 

16 date of the enactment of this section, 

17 available, and, where appropriate, an 

18 assessment of the environmental im19 pacts of any expansion or new devel20 opment of working waterfronts on the 

21 coastal ecosystems of such geographic 

22 areas; 

23 ‘‘(V) an identification of addi24 tional working waterfronts needs, inVerDate Sep 11 2014 21:07 Dec 20, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6641.IH H6641

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1 cluding improvements to existing 

2 working waterfronts; 

3 ‘‘(VI) a strategic and prioritized 

4 plan for the preservation, expansion, 

5 and improvement of each relevant 

6 working waterfront; 

7 ‘‘(VII) for geographic areas iden8 tified under subclauses (III) and (IV), 

9 an identification of the current avail10 ability and potential for expansion of 

11 public access to coastal waters in such 

12 geographic areas; 

13 ‘‘(VIII) a description of the de14 gree of community support for the 

15 plan included under subclause (VI); 

16 and 

17 ‘‘(IX) a contingency plan for any 

18 property that reverts to the covered 

19 entity pursuant to a determination 

20 made by the covered entity under sub21 section (c)(11)(B); and 

22 ‘‘(B) may— 

23 ‘‘(i) be developed using existing infor24 mation contained in relevant surveys, 

25 plans, or other documents to fulfill the inVerDate Sep 11 2014 21:07 Dec 20, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6641.IH H6641

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1 formation requirements under this para2 graph; 

3 ‘‘(ii) include a vulnerability assess4 ment, hazards resilience plan, or identifica5 tion of waterfront properties exposed to 

6 sea level rise or inundation; and 

7 ‘‘(iii) be part of a management pro8 gram approved under section 306. 

9 ‘‘(2) DURATION OF APPROVAL.— 

10 ‘‘(A) IN GENERAL.—A working waterfronts 

11 plan approved by the Secretary under this sub12 section shall be effective during the 5-year pe13 riod beginning on the date of such approval. 

14 ‘‘(B) MAINTENANCE OF APPROVAL.—An 

15 eligible covered entity that participates in the 

16 grant program on the basis of an approved 

17 working waterfronts plan of that eligible cov18 ered entity shall resubmit such working water19 fronts plan for approval by the Secretary before 

20 the end of each 5-year period described in sub21 paragraph (A). 

22 ‘‘(c) WORKING WATERFRONTS GRANT PROGRAM.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall, in con24 sultation with covered entities, Federal agencies the 

25 Secretary determines appropriate, and interested 


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1 coastal stakeholders with expertise in working water2 fronts planning, establish a regionally equitable and 

3 competitive grant program, to be known as the 

4 ‘Working Waterfronts Grant Program’. 

5 ‘‘(2) USES.—The Secretary may award grants 

6 under this subsection to eligible covered entities— 

7 ‘‘(A) to implement or revise an approved 

8 working waterfronts plan of such eligible cov9 ered entity, including— 

10 ‘‘(i) acquiring a working waterfront or 

11 an interest in a working waterfront; 

12 ‘‘(ii) making improvements to a work13 ing waterfront, including constructing or 

14 repairing wharfs, boat ramps, or related 

15 facilities; or 

16 ‘‘(iii) carrying out necessary climate 

17 adaptation mitigation activities for a work18 ing waterfront; or 

19 ‘‘(B) to develop a working waterfronts plan 

20 of such eligible covered entity under subsection 

21 (b). 

22 ‘‘(3) APPLICATION.— 

23 ‘‘(A) IN GENERAL.—To be eligible for a 

24 grant under this subsection, an eligible covered 


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1 entity shall submit an application to the Sec2 retary— 

3 ‘‘(i) that, if applicable, is consistent 

4 with the management program of the eligi5 ble covered entity approved under section 

6 306; and 

7 ‘‘(ii) in such form, at such time, and 

8 containing such information as the Sec9 retary determines appropriate. 

10 ‘‘(B) DEADLINE.—Not later than 60 days 

11 after the date on which the Secretary receives 

12 an application for a grant under this para13 graph, the Secretary shall approve or reject 

14 such application. 

15 ‘‘(4) GUIDELINES.—The Secretary shall, in 

16 consultation with the entities described in paragraph 

17 (1), issue guidelines regarding the implementation of 

18 the grant program. 

19 ‘‘(5) CRITERIA.—In awarding a grant to an eli20 gible covered entity, the Secretary shall take into ac21 count the following criteria: 

22 ‘‘(A) The economic, cultural, and historical 

23 significance of working waterfronts to the eligi24 ble covered entity. 


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1 ‘‘(B) The demonstrated working water2 fronts needs of the eligible covered entity, as 

3 described in the approved working waterfronts 

4 plan of the eligible covered entity, if any. 

5 ‘‘(C) The ability of the eligible covered en6 tity to meet the matching requirement under 

7 paragraph (10). 

8 ‘‘(D) The potential for rapid turnover in 

9 the ownership of relevant working waterfronts, 

10 and, if applicable, the need for the eligible cov11 ered entity to respond quickly when property in 

12 an existing or potential working waterfront area 

13 or public access area, as identified in the ap14 proved working waterfronts plan of the eligible 

15 covered entity, if any, comes under threat of 

16 conversion to incompatible uses or becomes 

17 available for purchase. 

18 ‘‘(E) As applicable, the impact of the ap19 proved working waterfronts plan of the eligible 

20 covered entity, if any, on the coastal ecosystem 

21 and working waterfronts of the eligible covered 

22 entity and the users of the coastal ecosystem of 

23 the eligible covered entity. 

24 ‘‘(6) OTHER TECHNICAL AND FINANCIAL AS25 SISTANCE.— 


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1 ‘‘(A) IN GENERAL.—Upon the request of 

2 an eligible covered entity that is awarded a 

3 grant under this subsection, the Secretary shall 

4 provide to such eligible covered entity technical 

5 assistance— 

6 ‘‘(i) to identify and obtain sources of 

7 Federal technical or financial assistance 

8 other than that provided under this sub9 section to develop a working waterfronts 

10 plan for approval under subsection (b) or 

11 to implement or revise an approved work12 ing waterfronts plan; 

13 ‘‘(ii) to develop a working waterfronts 

14 plan for approval under subsection (b); 

15 ‘‘(iii) to implement or revise an ap16 proved working waterfronts plan; 

17 ‘‘(iv) to integrate resilience planning 

18 into working waterfronts preservation ef19 forts of such eligible covered entity; 

20 ‘‘(v) to develop additional tools to pro21 tect working waterfronts; 

22 ‘‘(vi) regarding guidance for best 

23 storm water management practices with 

24 regard to working waterfronts; or 


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1 ‘‘(vii) to collect and disseminate best 

2 practices regarding working waterfronts 

3 and resilience planning. 

4 ‘‘(B) LIMITATION.—The Secretary may 

5 use not more than 5 percent of the amounts 

6 made available under this subsection in each 

7 fiscal year to provide technical assistance under 

8 this paragraph. 

9 ‘‘(7) PUBLIC ACCESS REQUIREMENT.—A 

10 project carried out with a grant awarded under this 

11 subsection, other than a project that involves com12 mercial fishing or other industrial access points to 

13 which the eligible covered entity determines public 

14 access would be unsafe, shall provide for the expan15 sion, improvement, or preservation of reasonable and 

16 appropriate public access to coastal waters at or in 

17 the vicinity of working waterfronts. 

18 ‘‘(8) LIMITATION ON ACQUISITION.—An eligible 

19 covered entity that is awarded a grant under this 

20 subsection, or any entity to which such eligible cov21 ered entity allocates a portion of such grant under 

22 paragraph (9), may use such grant award to acquire 

23 title to or an interest in a working waterfront, in24 cluding an easement, only— 


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1 ‘‘(A) for fair market value from a willing 

2 seller; or 

3 ‘‘(B) for less than fair market value from 

4 a seller that certifies to the Secretary that the 

5 seller is willing and is not subject to coercion. 

6 ‘‘(9) ALLOCATION.— 

7 ‘‘(A) IN GENERAL.—An eligible covered en8 tity that is awarded a grant under this sub9 section may allocate a portion of such grant 

10 award to a unit of State or local government, 

11 a nonprofit organization, a fishing cooperative, 

12 or any other appropriate entity for the purpose 

13 of carrying out this subsection if such eligible 

14 covered entity ensures that any such allocated 

15 grant award is used consistently with this sub16 section. 

17 ‘‘(B) IDENTIFIED WORKING WATER18 FRONTS.—The Secretary shall encourage each 

19 eligible covered entity that is awarded a grant 

20 under this subsection to equitably allocate such 

21 grant award among working waterfronts identi22 fied in the approved working waterfronts plan 

23 of each such eligible covered entity, if any. 

24 ‘‘(10) MATCHING REQUIREMENT.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the Federal share of a 

3 project carried out with a grant awarded under 

4 this subsection may not exceed 75 percent. 

5 ‘‘(B) WAIVER OF MATCHING REQUIRE6 MENT.—The Secretary may waive the applica7 tion of subparagraph (A)— 

8 ‘‘(i) with respect to an eligible covered 

9 entity that is awarded a grant under this 

10 subsection that has designated a qualified 

11 holder that is located within— 

12 ‘‘(I) a disadvantaged community; 

13 or 

14 ‘‘(II) a community that has an 

15 inability to draw on other sources of 

16 funding because of the small popu17 lation or low income of the commu18 nity; or 

19 ‘‘(ii) for any other reason the Sec20 retary determines appropriate. 

21 ‘‘(C) NON-FEDERAL SHARE.—An eligible 

22 covered entity that is awarded a grant under 

23 this subsection may satisfy the non-Federal 

24 share of a project carried out with a grant 

25 awarded under this subsection through in-kind 


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1 contributions and other noncash support, in2 cluding the following: 

3 ‘‘(i) The value, as determined by an 

4 appraisal performed at such time before 

5 the award of the grant as the Secretary de6 termines appropriate, of a working water7 front or an interest in a working water8 front, including conservation and other 

9 easements, that is held in perpetuity by a 

10 qualified holder, if the working waterfront 

11 or interest in a working waterfront— 

12 ‘‘(I) is identified in the grant ap13 plication; and 

14 ‘‘(II) is acquired by the qualified 

15 holder not later than 3 years after— 

16 ‘‘(aa) the grant award date; 

17 or 

18 ‘‘(bb) the date of the sub19 mission of such application and 

20 before the end of the initial 5- 

21 year period for which the ap22 proved working waterfronts plan 

23 associated with the grant applica24 tion, if any, is effective. 


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1 ‘‘(ii) The costs, including cash or in2 kind contributions, associated with the ac3 quisition, restoration, or enhancement of or 

4 making other improvements to a working 

5 waterfront or an interest in a working wa6 terfront, if— 

7 ‘‘(I) such costs are identified in 

8 the grant application; and 

9 ‘‘(II) the costs are incurred— 

10 ‘‘(aa) before the end of the 

11 initial 5-year period for which the 

12 approved working waterfronts 

13 plan associated with the grant 

14 application, if any, is effective; or 

15 ‘‘(bb) for working water16 fronts described in clause (i), 

17 within the time limits described 

18 in that clause. 

19 ‘‘(11) WORKING WATERFRONT COVENANTS.— 

20 ‘‘(A) IN GENERAL.—An eligible covered en21 tity that is awarded a grant under this sub22 section may use such grant award with respect 

23 to a working waterfront only for which each 

24 person other than the eligible covered entity 

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1 ing waterfront enters into a working waterfront 

2 covenant. 

3 ‘‘(B) VIOLATION.— 

4 ‘‘(i) IN GENERAL.—An eligible covered 

5 entity may determine, on the record after 

6 an opportunity for a hearing, that a work7 ing waterfront covenant of the eligible cov8 ered entity has been violated. 

9 ‘‘(ii) REVERSION; CONVEYANCE; 

10 RIGHT OF IMMEDIATE ENTRY.—If an eligi11 ble covered entity makes a determination 

12 under clause (i) that a violation described 

13 under that clause has occurred— 

14 ‘‘(I) all right, title, and interest 

15 in and to the working waterfront cov16 ered by the violated working water17 front covenant shall revert to the eligi18 ble covered entity; 

19 ‘‘(II) the eligible covered entity 

20 may convey the working waterfront or 

21 interest in the working waterfront to 

22 a qualified holder; and 

23 ‘‘(III) the eligible covered entity 

24 shall have the right of immediate 

25 entry onto the working waterfront 


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1 covered by the violated working water2 front covenant. 

3 ‘‘(12) TERMS AND CONDITIONS.—The Secretary 

4 shall subject each grant awarded under this sub5 section to such terms and conditions as the Sec6 retary determines appropriate to ensure that each 

7 such grant is used for purposes consistent with this 

8 section. 

9 ‘‘(13) REPORT.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 biennially submit to Congress a report regard12 ing the implementation of this subsection, 

13 which shall include— 

14 ‘‘(i) an evaluation, based on perform15 ance measures developed by the Secretary, 

16 of the effectiveness of the grant program 

17 in accomplishing the purposes of this sub18 section; 

19 ‘‘(ii) an account of all expenditures 

20 under this subsection; and 

21 ‘‘(iii) descriptions of each project car22 ried out using a grant awarded under this 

23 section. 

24 ‘‘(B) ALTERNATIVE MANNER OF SUBMIS25 SION.—The Secretary may submit each report 


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1 required under subparagraph (A) by including 

2 the information required under that subpara3 graph in each report required under section 

4 316. 

5 ‘‘(14) ADMINISTRATIVE EXPENSES.—The Sec6 retary may use not more than 5 percent of the 

7 amounts made available under this subsection in 

8 each fiscal year to pay the administrative expenses 

9 necessary to carry out this subsection. 

10 ‘‘(15) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated to the Sec12 retary to carry out this subsection $50,000,000 for 

13 each of fiscal years 2024 through 2028. 

14 ‘‘(d) DEFINITIONS.—In this section: 

15 ‘‘(1) APPROVED WORKING WATERFRONTS

16 PLAN.—The term ‘approved working waterfronts 

17 plan’ means a working waterfronts plan that is ap18 proved by the Secretary under subsection (b). 

19 ‘‘(2) COASTAL INDIAN TRIBE.—The term 

20 ‘coastal Indian Tribe’ means an Indian Tribe with 

21 respect to which land owned by the Indian Tribe, 

22 held in trust by the United States for the Indian 

23 Tribe, or held by the Indian Tribe and subject to re24 strictions on alienation imposed by the United 


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1 States or the reservation of the Indian Tribe is lo2 cated within a coastal state. 

3 ‘‘(3) COASTAL USERS.—The term ‘coastal 

4 users’ means— 

5 ‘‘(A) persons that engage in commercial or 

6 recreational fishing; 

7 ‘‘(B) recreational fishing and boating busi8 nesses; and 

9 ‘‘(C) boatbuilding, aquaculture, and other 

10 water-dependent, coastal-related businesses. 

11 ‘‘(4) COVERED ENTITY.—The term ‘covered en12 tity’ means— 

13 ‘‘(A) a coastal state; 

14 ‘‘(B) a coastal Indian Tribe; or 

15 ‘‘(C) a Native Hawaiian organization. 

16 ‘‘(5) ELIGIBLE COVERED ENTITY.—The term 

17 ‘eligible covered entity’ means a covered entity 

18 that— 

19 ‘‘(A) has an approved working waterfronts 

20 plan; 

21 ‘‘(B) is in the process of developing a 

22 working waterfronts plan for approval under 

23 subsection (b); or 


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1 ‘‘(C) has a coastal land use plan that the 

2 Secretary determines is sufficient for the pur3 poses of this section. 

4 ‘‘(6) GRANT PROGRAM.—The term ‘grant pro5 gram’ means the grant program established under 

6 subsection (c). 

7 ‘‘(7) INDIAN TRIBE.—The term ‘Indian Tribe’ 

8 has the meaning given the term in section 4 of the 

9 Indian Self-Determination and Education Assistance 

10 Act (25 U.S.C. 5304). 

11 ‘‘(8) NATIVE HAWAIIAN ORGANIZATION.—The 

12 term ‘Native Hawaiian organization’ means a non13 profit organization— 

14 ‘‘(A) that serves the interests of Native 

15 Hawaiians; 

16 ‘‘(B) in which Native Hawaiians serve in 

17 substantive and policymaking positions; 

18 ‘‘(C) that is recognized for having expertise 

19 in Native Hawaiian culture and heritage, in20 cluding tourism; and 

21 ‘‘(D) is located within a coastal state. 

22 ‘‘(9) QUALIFIED HOLDER.—The term ‘qualified 

23 holder’ means— 


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1 ‘‘(A) a unit of local government of a cov2 ered entity, if the covered entity is a coastal 

3 state; or 

4 ‘‘(B) a nonprofit organization; 

5 that is designated by a covered entity in the ap6 proved working waterfronts plan of the covered enti7 ty to carry out some or all of the functions of the 

8 covered entity under the grant program if the cov9 ered entity applies for and is awarded a grant under 

10 the grant program, including holding title to or an 

11 interest in a working waterfront acquired with a 

12 grant awarded under the grant program. 

13 ‘‘(10) TASK FORCE.—The term ‘Task Force’ 

14 means the task force established under subsection 

15 (a)(1). 

16 ‘‘(11) DISADVANTAGED COMMUNITY.—The 

17 term ‘disadvantaged community’ means a commu18 nity the Secretary determines, based on appropriate 

19 data, indices, and screening tools, is economically, 

20 socially, or environmentally disadvantaged. 

21 ‘‘(12) WORKING WATERFRONT.—The term 

22 ‘working waterfront’ means real property (including 

23 support structures over water and other facilities) 

24 that— 


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1 ‘‘(A) provides access to coastal waters by 

2 coastal users; and 

3 ‘‘(B) is used for, or supports, commercial 

4 and recreational fishing, recreational fishing 

5 and boating businesses, and boatbuilding, aqua6 culture, and other water-dependent, coastal-re7 lated business. 

8 ‘‘(13) WORKING WATERFRONT COVENANT.— 

9 The term ‘working waterfront covenant’ means an 

10 agreement in recordable form entered into between 

11 a person that holds title to or an interest in a work12 ing waterfront and a covered entity that is awarded 

13 a grant under the grant program or a qualified hold14 er of such covered entity that provides such assur15 ances as the Secretary determines necessary to en16 sure the following: 

17 ‘‘(A) Except as provided in subparagraph 

18 (C), the title to or interest in the working wa19 terfront will be held by an entity that is subject 

20 to such agreement in perpetuity. 

21 ‘‘(B) The working waterfront will be man22 aged in a manner that is consistent with the 

23 purposes of this section, and the working water24 front will not be converted to any use that is in25 consistent with this section. 


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1 ‘‘(C) If the title to or interest in the work2 ing waterfront is subsequently sold or otherwise 

3 exchanged— 

4 ‘‘(i) each party involved in such sale 

5 or exchange shall accede to such agree6 ment; and 

7 ‘‘(ii) funds equal to the fair market 

8 value of the title to or interest in the work9 ing waterfront shall be paid to the Sec10 retary by the parties to the sale or ex11 change, and such funds shall be, at the 

12 discretion of the Secretary, paid to the rel13 evant covered entity or a qualified holder 

14 of such covered entity for use in the imple15 mentation of the approved working water16 fronts plan of the covered entity. 

17 ‘‘(D) Such agreement shall be subject to 

18 enforcement and oversight by the covered entity 

19 or by another person as the Secretary deter20 mines appropriate. 

21 ‘‘SEC. 306C. WORKING WATERFRONTS PRESERVATION 

22 LOAN FUND. 

23 ‘‘(a) GENERAL AUTHORITY.— 


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1 ‘‘(1) GRANTS TO ELIGIBLE COASTAL STATES TO

2 ESTABLISH WORKING WATERFRONTS PRESERVATION

3 LOAN FUNDS.— 

4 ‘‘(A) IN GENERAL.—The Secretary may 

5 enter into an agreement with an eligible coastal 

6 state to issue a capitalization grant, including a 

7 letter of credit, to such eligible coastal state to 

8 implement the approved working waterfronts 

9 plan of such eligible coastal state. 

10 ‘‘(B) ESTABLISHMENT OF WORKING WA11 TERFRONTS PRESERVATION LOAN FUNDS.— 

12 ‘‘(i) IN GENERAL.—To be eligible to 

13 receive a capitalization grant under this 

14 subsection, an eligible coastal state shall 

15 establish a working waterfronts preserva16 tion loan fund. 

17 ‘‘(ii) DEPOSIT.—Each capitalization 

18 grant made to an eligible coastal state 

19 under this paragraph shall be deposited in 

20 the working waterfronts preservation loan 

21 fund of such eligible coastal state. 

22 ‘‘(C) EXTENDED PERIOD.—A capitaliza23 tion grant made to an eligible coastal state 

24 under this section shall be available to the eligiVerDate Sep 11 2014 21:07 Dec 20, 2023 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H6641.IH H6641

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1 ble coastal state for obligation for a period of 

2 2 fiscal years. 

3 ‘‘(2) USE OF FUNDS.— 

4 ‘‘(A) IN GENERAL.—An eligible coastal 

5 state shall use amounts deposited in the work6 ing waterfronts preservation loan fund of such 

7 eligible coastal state, including loan repayments 

8 and interest earned on such amounts, to pro9 vide financial assistance described in subsection 

10 (f) to a covered entity to implement the ap11 proved working waterfronts plan of such eligible 

12 coastal state through preservation, improve13 ment, restoration, rehabilitation, and acquisi14 tion of working waterfronts pursuant to criteria 

15 established by the Secretary. 

16 ‘‘(B) SALE OF BONDS.—A covered entity 

17 may use amounts received under this section as 

18 a source of revenue (restricted solely to interest 

19 earnings of the applicable working waterfronts 

20 preservation loan fund) or security for payment 

21 of the principal and interest on a revenue or 

22 general obligation bond issued by the eligible 

23 coastal state to provide matching funds under 

24 subsection (e) if the proceeds of the sale of the 

25 bond will be deposited in the working waterVerDate Sep 11 2014 21:07 Dec 20, 2023 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H6641.IH H6641

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1 fronts preservation loan fund of such eligible 

2 coastal state. 

3 ‘‘(C) NO INCREASED BONDING AUTHOR4 ITY.—Amounts deposited in the working water5 fronts preservation loan fund of an eligible 

6 coastal state may not be used as a source of 

7 payment of, or security for (directly or indi8 rectly), in whole or in part, any obligation the 

9 interest on which is exempt from the tax im10 posed under chapter 1 of the Internal Revenue 

11 Code of 1986. 

12 ‘‘(3) LIMITATION.—An eligible coastal state 

13 may not provide financial assistance described in 

14 subsection (f) to a covered entity that does not have 

15 the technical, managerial, and financial capability to 

16 ensure compliance with the requirements of this sec17 tion. 

18 ‘‘(4) PREVAILING WAGES.—The Secretary shall 

19 ensure compliance with the provisions of the Act of 

20 March 3, 1931 (40 U.S.C. 3141 et seq.; commonly 

21 known as the ‘Davis-Bacon Act’) with respect to any 

22 construction project carried out in whole or in part 

23 with financial assistance made available from a 

24 working waterfronts preservation loan fund. 


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1 ‘‘(5) RESERVATION.—Each eligible coastal state 

2 that enters into a capitalization agreement under 

3 paragraph (1) shall, each fiscal year, reserve 0.2 

4 percent of the amount in the working waterfronts 

5 preservation loan fund of the eligible coastal state to 

6 provide financial assistance described in subsection 

7 (f) to an Indian Tribe or a Native Hawaiian organi8 zation. 

9 ‘‘(b) INTENDED USE PLANS.— 

10 ‘‘(1) IN GENERAL.—Each eligible coastal state 

11 that enters into a capitalization agreement under 

12 subsection (a)(1) shall annually prepare an intended 

13 use plan, subject to notice and an opportunity for 

14 public comment, that identifies the intended uses of 

15 the amounts available to the working waterfronts 

16 preservation loan fund of the eligible coastal state. 

17 ‘‘(2) CONTENTS.—Each intended use plan pre18 pared by an eligible coastal state under paragraph 

19 (1) shall include, with respect to the eligible coastal 

20 state— 

21 ‘‘(A) a list of each project to be assisted 

22 with amounts from the working waterfronts 

23 preservation loan fund in the first fiscal year 

24 that begins after the date such intended use 


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1 plan is finalized, including, with respect to each 

2 such project— 

3 ‘‘(i) a description of the project; 

4 ‘‘(ii) the expected terms of financial 

5 assistance; and 

6 ‘‘(iii) the size of the community 

7 served; 

8 ‘‘(B) the criteria and methods established 

9 to distribute amounts from the working water10 fronts preservation loan fund; and 

11 ‘‘(C) a description of the financial status of 

12 the working waterfronts preservation loan fund 

13 and the short- and long-term goals of such 

14 working waterfronts preservation loan fund. 

15 ‘‘(c) WORKING WATERFRONTS PRESERVATION LOAN

16 FUND MANAGEMENT.— 

17 ‘‘(1) IN GENERAL.—Each working waterfronts 

18 preservation loan fund under this section shall be es19 tablished, maintained, and credited with repayments 

20 and interest and the fund corpus shall be available 

21 in perpetuity to provide financial assistance de22 scribed in subsection (f) to covered entities under 

23 this section. 

24 ‘‘(2) EXTRA AMOUNTS.—To the extent amounts 

25 in a working waterfronts preservation loan fund are 


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1 not required for obligation or expenditure, such 

2 amounts shall be invested in interest-bearing obliga3 tions. 

4 ‘‘(d) ASSISTANCE FOR DISADVANTAGED COMMU5 NITIES.— 

6 ‘‘(1) LOAN SUBSIDY.— 

7 ‘‘(A) IN GENERAL.—Notwithstanding any 

8 other provision of this section, if an eligible 

9 coastal state makes a loan to a disadvantaged 

10 community pursuant to subsection (a)(2), the 

11 eligible coastal state may provide additional 

12 subsidization to such disadvantaged community, 

13 including— 

14 ‘‘(i) forgiveness of principal; 

15 ‘‘(ii) grants; 

16 ‘‘(iii) negative interest loans; 

17 ‘‘(iv) other loan forgiveness; and 

18 ‘‘(v) through buying, refinancing, or 

19 restructuring debt. 

20 ‘‘(B) EXCLUSION.—A loan from a working 

21 waterfronts preservation loan fund with an in22 terest rate equal to or greater than 0 percent 

23 shall not be considered additional subsidization 

24 for the purposes of this subsection. 


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1 ‘‘(2) TOTAL AMOUNT OF SUBSIDIES.—Of the 

2 amount of a capitalization grant received by an eligi3 ble coastal state for any fiscal year, the total amount 

4 of loan subsidies made by such eligible coastal state 

5 pursuant to paragraph (1)— 

6 ‘‘(A) may not exceed 35 percent; and 

7 ‘‘(B) to the extent that there are, as deter8 mined by the Secretary, sufficient applications 

9 from disadvantaged communities for loans, may 

10 not be less than 12 percent. 

11 ‘‘(e) ELIGIBLE COASTAL STATE CONTRIBUTION.— 

12 Each capitalization agreement entered into under sub13 section (a)(1) shall require that the eligible coastal state 

14 subject to such agreement deposit in the working water15 fronts preservation loan fund of the eligible coastal state 

16 an amount equal to not less than 20 percent of the total 

17 amount of the capitalization grant to be made to the eligi18 ble coastal state on or before the date on which the capital19 ization grant payment is made to the eligible coastal state. 

20 ‘‘(f) TYPES OF ASSISTANCE.—The amounts depos21 ited into a working waterfronts preservation loan fund of 

22 an eligible coastal state under this section may be used 

23 by the eligible coastal state— 

24 ‘‘(1) to make a loan to a covered entity, on the 

25 condition that— 


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1 ‘‘(A) the interest rate for the loan does not 

2 exceed the market rate; 

3 ‘‘(B) principal and interest payments on 

4 the loan will commence not later than 18 

5 months after completion of the project for 

6 which the loan was made; 

7 ‘‘(C) the loan will be fully amortized not 

8 later than 30 years after the completion of the 

9 project, except that in the case of a disadvan10 taged community an eligible coastal state may 

11 provide an extended term for the loan, if the ex12 tended term— 

13 ‘‘(i) terminates not later than the date 

14 that is 40 years after the completion of the 

15 project; and 

16 ‘‘(ii) does not exceed the expected de17 sign life of the project; 

18 ‘‘(D) the recipient of the loan will establish 

19 a dedicated source of revenue (or, in the case 

20 of a privately owned working waterfront prop21 erty, demonstrate that there is adequate secu22 rity) for the repayment of the loan; and 

23 ‘‘(E) the working waterfronts preservation 

24 loan fund of the eligible coastal state will be 


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1 credited with all payments of principal and in2 terest on the loan; 

3 ‘‘(2) to buy or refinance the debt obligation of 

4 a municipality or an intermunicipal or interstate 

5 agency within the eligible coastal state at an interest 

6 rate that is less than or equal to the market interest 

7 rate; 

8 ‘‘(3) to guarantee, or purchase insurance for, a 

9 local obligation (all of the proceeds of which finance 

10 a project eligible for financial assistance under this 

11 section) if the guarantee or purchase would improve 

12 credit market access or reduce the interest rate ap13 plicable to the obligation; 

14 ‘‘(4) as a source of revenue or security for the 

15 payment of principal and interest on a revenue or 

16 general obligation bond issued by the eligible coastal 

17 state if the proceeds of the sale of the bond will be 

18 deposited into the working waterfronts preservation 

19 loan fund of the eligible coastal state; or 

20 ‘‘(5) to earn interest on the amounts deposited 

21 into the working waterfronts preservation loan fund 

22 of the eligible coastal state. 

23 ‘‘(g) ADMINISTRATION OF WORKING WATERFRONTS

24 PRESERVATION LOAN FUNDS.— 


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1 ‘‘(1) COMBINED FINANCIAL ADMINISTRATION.— 

2 Notwithstanding subsection (c), an eligible coastal 

3 state may combine the financial administration of a 

4 working waterfronts preservation loan fund of the el5 igible coastal state with the financial administration 

6 of any other revolving fund established by the eligi7 ble coastal state if the Secretary determines that the 

8 capitalization grants made under this section, to9 gether with loan repayments and interest, will be 

10 separately accounted for and used solely for the pur11 poses specified in subsection (a). 

12 ‘‘(2) COST OF ADMINISTERING WORKING WA13 TERFRONTS PRESERVATION LOAN FUND.— 

14 ‘‘(A) IN GENERAL.—For each fiscal year, 

15 an eligible coastal state may use the amount de16 scribed in subparagraph (B)— 

17 ‘‘(i) to cover the reasonable costs of 

18 administration of the programs under this 

19 section, including the recovery of reason20 able costs expended to establish a working 

21 waterfronts preservation loan fund that are 

22 incurred after the date of the enactment of 

23 this section; and 


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1 ‘‘(ii) to provide technical assistance to 

2 working waterfronts projects carried out 

3 within the eligible coastal state. 

4 ‘‘(B) DESCRIPTION OF AMOUNT.—The 

5 amount referred to in subparagraph (A) is an 

6 amount equal to the sum of— 

7 ‘‘(i) the amount of any fees collected 

8 by the eligible coastal state for use in ac9 cordance with subparagraph (A)(i), regard10 less of the source; and 

11 ‘‘(ii) the greater of— 

12 ‘‘(I) $400,000; 

13 ‘‘(II) 0.2 percent of the current 

14 valuation of the working waterfronts 

15 preservation loan fund of the eligible 

16 coastal state; or 

17 ‘‘(III) an amount equal to 4 per18 cent of all grant awards made to the 

19 working waterfronts preservation loan 

20 fund of the eligible coastal state under 

21 this section for the fiscal year. 

22 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

23 is authorized to be appropriated to the Secretary to carry 

24 out this section $50,000,000 for each of fiscal years 2024 

25 through 2028. 


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1 ‘‘(i) DEFINITIONS.—In this section: 

2 ‘‘(1) APPROVED WORKING WATERFRONTS

3 PLAN.—The term ‘approved working waterfronts 

4 plan’ has the meaning given the term in section 

5 306B. 

6 ‘‘(2) COVERED ENTITY.—The term ‘covered en7 tity’ means— 

8 ‘‘(A) a State agency; 

9 ‘‘(B) an Indian Tribe; 

10 ‘‘(C) a Native Hawaiian organization; 

11 ‘‘(D) a local government; or 

12 ‘‘(E) a nonprofit organization. 

13 ‘‘(3) DISADVANTAGED COMMUNITY.—The term 

14 ‘disadvantaged community’ has the meaning given 

15 the term in section 306B. 

16 ‘‘(4) ELIGIBLE COASTAL STATE.—The term ‘eli17 gible coastal state’ means a coastal state that has an 

18 approved working waterfronts plan. 

19 ‘‘(5) WORKING WATERFRONT.—The term 

20 ‘working waterfront’ has the meaning given the term 

21 in section 306B. 

22 ‘‘(6) WORKING WATERFRONTS PRESERVATION

23 LOAN FUND.—The term ‘working waterfronts pres24 ervation loan fund’ means a revolving loan fund esVerDate Sep 11 2014 21:07 Dec 20, 2023 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H6641.IH H6641

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1 tablished under this section for the preservation of 

2 working waterfronts.’’. 

Æ 


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