I 

116TH CONGRESS 

1ST SESSION H. R. 3596 

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

Waterfront Task Force and a working waterfronts grant program, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 28, 2019 

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

CARBAJAL, and Mr. KEATING) 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 Waterfront Task Force and a working waterfronts grant program, 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’’. 

6 SEC. 2. WORKING WATERFRONTS GRANT PROGRAM. 

7 The Coastal Zone Management Act of 1972 (16 

8 U.S.C. 1451 et seq.) is amended by adding at the end 

9 the following: 


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1 ‘‘SEC. 320. WORKING WATERFRONTS GRANT PROGRAM. 

2 ‘‘(a) FINDINGS AND PURPOSE.— 

3 ‘‘(1) FINDINGS.—The Congress finds the fol4 lowing: 

5 ‘‘(A) Water-dependent commercial activi6 ties are the economic and cultural heart of 

7 many coastal communities. These activities in8 clude commercial fishing, recreational fishing 

9 businesses, aquaculture, boatbuilding, transpor10 tation, and many other water-dependent busi11 nesses. 

12 ‘‘(B) Water-dependent commercial activi13 ties depend on coastal access in the form of— 

14 ‘‘(i) docks, wharfs, boat lifts, wet and 

15 dry marinas, and boat ramps; 

16 ‘‘(ii) boat hauling, repair, and con17 struction facilities; 

18 ‘‘(iii) commercial fishing facilities; and 

19 ‘‘(iv) other support structures on, 

20 over, or adjacent to navigable bodies of 

21 water. 

22 ‘‘(C) The coastal zone of the United States 

23 is experiencing rising property values and taxes, 

24 and related development pressure, as more peo25 ple move to the coastal zone and as coastal 


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1 areas experience a demographic shift favoring 

2 wealthier individuals. 

3 ‘‘(D) The coastal zone is facing numerous 

4 challenges due to extreme weather events, sea 

5 level rise, and other changes. 

6 ‘‘(E) Privately owned access areas for 

7 water-dependent commercial activity in many 

8 States are under increasing threat from private 

9 residential development and other conversion. 

10 Such development and investment is often not 

11 conducted in ways that accounts for resilience. 

12 ‘‘(F) Loss of access for water-dependent 

13 commercial activity would have economically 

14 and culturally devastating consequences for 

15 many coastal communities. 

16 ‘‘(2) PURPOSE.—The purpose of this section is 

17 to preserve and protect coastal access for persons 

18 engaged in water-dependent commercial activities, 

19 including commercial fishing, recreational fishing 

20 businesses, aquaculture, boatbuilding, or other 

21 water-dependent coastal-related businesses. 

22 ‘‘(b) WORKING WATERFRONT TASK FORCE.— 

23 ‘‘(1) ESTABLISHMENT AND FUNCTIONS.—The 

24 Secretary of Commerce shall establish a task force 

25 to work directly with coastal States, user groups, 


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1 and coastal stakeholders to identify and address crit2 ical needs with respect to working waterfronts. 

3 ‘‘(2) MEMBERSHIP.—The members of the task 

4 force shall be appointed by the Secretary of Com5 merce, and shall include— 

6 ‘‘(A) experts in the unique economic, so7 cial, cultural, ecological, geographic, and re8 source concerns of working waterfronts; and 

9 ‘‘(B) representatives from the National 

10 Oceanic and Atmospheric Administration’s Of11 fice of Coastal Management, the United States 

12 Fish and Wildlife Service, the Department of 

13 Agriculture, the Environmental Protection 

14 Agency, the United States Geological Survey, 

15 the Navy, the National Marine Fisheries Serv16 ice, the Economic Development Agency, and 

17 such other Federal agencies as the Secretary 

18 considers appropriate. 

19 ‘‘(3) FUNCTIONS.—The task force shall— 

20 ‘‘(A) identify and prioritize critical needs 

21 with respect to working waterfronts in States 

22 that have a management program approved by 

23 the Secretary of Commerce pursuant to section 

24 306, in the areas of— 


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1 ‘‘(i) economic and cultural importance 

2 of working waterfronts to communities; 

3 ‘‘(ii) changing environments and 

4 threats working waterfronts face from en5 vironment changes, trade barriers, sea level 

6 rise, extreme weather events, ocean acidifi7 cation, and harmful algal blooms; and 

8 ‘‘(iii) identifying working waterfronts 

9 and highlighting them within communities; 

10 ‘‘(B) outline options, in coordination with 

11 coastal States and local stakeholders, to address 

12 such critical needs, including adaptation and 

13 mitigation where applicable; 

14 ‘‘(C) identify Federal agencies that are re15 sponsible under existing law for addressing such 

16 critical needs; and 

17 ‘‘(D) recommend Federal agencies best 

18 suited to address any critical needs for which 

19 no agency is responsible under existing law. 

20 ‘‘(4) INFORMATION TO BE CONSIDERED.—In 

21 identifying and prioritizing policy gaps pursuant to 

22 paragraph (3), the task force shall consider the find23 ings and recommendations contained in section VI of 

24 the report entitled ‘The Sustainable Working Water25 fronts Toolkit: Final Report’, dated March 2013. 


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1 ‘‘(5) REPORT.—Not later than 18 months after 

2 the date of the enactment of this section, the task 

3 force shall submit a report to Congress on its find4 ings. 

5 ‘‘(6) IMPLEMENTATION.—The head of each 

6 Federal agency identified in the report pursuant to 

7 paragraph (3)(C) shall take such action as is nec8 essary to implement the recommendations contained 

9 in the report by not later than 1 year after the date 

10 of the issuance of the report. 

11 ‘‘(c) WORKING WATERFRONT GRANT PROGRAM.— 

12 ‘‘(1) The Secretary shall establish a Working 

13 Waterfront Grant Program, in cooperation with ap14 propriate State, regional, and other units of govern15 ment, under which the Secretary may make a grant 

16 to any coastal State for the purpose of implementing 

17 a working waterfront plan approved by the Secretary 

18 under subsection (d). 

19 ‘‘(2) Subject to the availability of appropria20 tions, the Secretary shall award matching grants 

21 under the Working Waterfronts Grant Program to 

22 coastal States with approved working waterfront 

23 plans through a regionally equitable, competitive 

24 funding process in accordance with the following: 


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1 ‘‘(A) The Governor, or the lead agency 

2 designated by the Governor for coordinating the 

3 implementation of this section, where appro4 priate in consultation with the appropriate local 

5 government, shall determine that the applica6 tion is consistent with the State’s or territory’s 

7 approved coastal zone plan, program, and poli8 cies prior to submission to the Secretary. 

9 ‘‘(B) In developing guidelines under this 

10 section, the Secretary shall consult with coastal 

11 States, other Federal agencies, and other inter12 ested stakeholders with expertise in working 

13 waterfront planning. 

14 ‘‘(C) Coastal States may allocate grants to 

15 local governments, agencies, or nongovern16 mental organizations eligible for assistance 

17 under this section. 

18 ‘‘(3) In awarding a grant to a coastal State, the 

19 Secretary shall consider— 

20 ‘‘(A) the economic, cultural, and historical 

21 significance of working waterfront to the coast22 al State; 

23 ‘‘(B) the demonstrated working waterfront 

24 needs of the coastal State as outlined by a 

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1 al State under subsection (d), and the value of 

2 the proposed project for the implementation of 

3 such plan; 

4 ‘‘(C) the ability to successfully leverage 

5 funds among participating entities, including 

6 Federal programs, regional organizations, State 

7 and other government units, landowners, cor8 porations, or private organizations; 

9 ‘‘(D) the potential for rapid turnover in 

10 the ownership of working waterfront in the 

11 coastal State, and where applicable the need for 

12 coastal States to respond quickly when prop13 erties in existing or potential working water14 front areas or public access areas as identified 

15 in the working waterfront plan submitted by 

16 the coastal State come under threat or become 

17 available; and 

18 ‘‘(E) the impact of the working waterfront 

19 plan approved for the coastal State under sub20 section (d) on the coastal ecosystem and the 

21 users of the coastal ecosystem. 

22 ‘‘(4) The Secretary shall approve or reject an 

23 application for such a grant within 60 days after re24 ceiving an application for the grant. 

25 ‘‘(d) WORKING WATERFRONT PLANS.— 


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1 ‘‘(1) To be eligible for a grant under subsection 

2 (c), a coastal State must submit and have approved 

3 by the Secretary a comprehensive working water4 front plan in accordance with this subsection, or be 

5 in the process of developing such a plan and have an 

6 established working waterfront program at the State 

7 or local level, or the Secretary determines that an 

8 existing coastal land use plan for that State is in ac9 cordance with this subsection. 

10 ‘‘(2) Such plan— 

11 ‘‘(A) must provide for preservation and ex12 pansion of access to coastal waters to persons 

13 engaged in commercial fishing, recreational 

14 fishing businesses, aquaculture, boatbuilding, or 

15 other water-dependent, coastal-related business; 

16 ‘‘(B) shall include one or more of— 

17 ‘‘(i) an assessment of the economic, 

18 social, cultural, and historic value of work19 ing waterfront to the coastal State; 

20 ‘‘(ii) a description of relevant State 

21 and local laws and regulations affecting 

22 working waterfront in the geographic areas 

23 identified in the working waterfront plan; 

24 ‘‘(iii) identification of geographic 

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1 rently under threat of conversion to uses 

2 incompatible with commercial fishing, rec3 reational fishing businesses, aquaculture, 

4 boatbuilding, or other water-dependent, 

5 coastal-related business, and the level of 

6 that threat; 

7 ‘‘(iv) identification of geographic areas 

8 with a historic connection to working wa9 terfronts where working waterfronts are 

10 not currently available, and, where appro11 priate, an assessment of the environmental 

12 impacts of any expansion or new develop13 ment of working waterfronts on the coastal 

14 ecosystem; 

15 ‘‘(v) identification of other working 

16 waterfront needs including improvements 

17 to existing working waterfronts and work18 ing waterfront areas; 

19 ‘‘(vi) a strategic and prioritized plan 

20 for the preservation, expansion, and im21 provement of working waterfronts in the 

22 coastal State; 

23 ‘‘(vii) for areas identified under 

24 clauses (iii), (iv), (v), and (vi), identifica25 tion of current availability and potential 


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1 for expansion of public access to coastal 

2 waters; 

3 ‘‘(viii) a description of the degree of 

4 community support for such strategic plan; 

5 and 

6 ‘‘(ix) a contingency plan for properties 

7 that revert to the coastal State pursuant to 

8 determinations made by the coastal State 

9 under subsection (h)(4)(C); 

10 ‘‘(C) may include detailed environmental 

11 impacts on working waterfronts, including haz12 ards, sea level rise, inundation exposure, and 

13 other resiliency issues; 

14 ‘‘(D) may be part of the management pro15 gram approved under section 306; 

16 ‘‘(E) shall utilize to the maximum extent 

17 practicable existing information contained in 

18 relevant surveys, plans, or other strategies to 

19 fulfill the information requirements under this 

20 paragraph; and 

21 ‘‘(F) shall incorporate the policies and reg22 ulations adopted by communities under local 

23 working waterfront plans or strategies in exist24 ence before the date of the enactment of this 

25 section. 


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1 ‘‘(3) A working waterfront plan— 

2 ‘‘(A) shall be effective for purposes of this 

3 section for the 5-year period beginning on the 

4 date it is approved by the Secretary; 

5 ‘‘(B) must be updated and re-approved by 

6 the Secretary before the end of such period; and 

7 ‘‘(C) shall be complimentary to and incor8 porate the policies and objectives of regional or 

9 local working waterfront plans as in effect be10 fore the date of enactment of this section or as 

11 subsequently revised. 

12 ‘‘(4) The Secretary may— 

13 ‘‘(A) award planning grants to coastal 

14 States for the purpose of developing or revising 

15 comprehensive working waterfront plans; and 

16 ‘‘(B) award grants consistent with the pur17 poses of this section to States undertaking the 

18 working waterfront planning process under this 

19 section, for the purpose of preserving and pro20 tecting working waterfronts during such proc21 ess. 

22 ‘‘(5) Any coastal State applying for a working 

23 waterfront grant under this title shall— 


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1 ‘‘(A) develop a working waterfront plan, 

2 using a process that involves the public and 

3 those with an interest in the coastal zone; 

4 ‘‘(B) coordinate development and imple5 mentation of such a plan with other coastal 

6 management programs, regulations, and activi7 ties of the coastal State; and 

8 ‘‘(C) if the coastal State allows qualified 

9 holders (other than the coastal State) to enter 

10 into working waterfront covenants, provide as 

11 part of the working waterfront plan under this 

12 subsection a mechanism or procedure to ensure 

13 that the qualified holders are complying their 

14 duties to enforce the working waterfront cov15 enant. 

16 ‘‘(e) USES, TERMS, AND CONDITIONS.— 

17 ‘‘(1) Each grant made by the Secretary under 

18 this section shall be subject to such terms and condi19 tions as may be appropriate to ensure that the grant 

20 is used for purposes consistent with this section. 

21 ‘‘(2) A grant under this section may be used— 

22 ‘‘(A) to acquire a working waterfront, or 

23 an interest in a working waterfront; 


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1 ‘‘(B) to make improvements to a working 

2 waterfront, including the construction or repair 

3 of wharfs, boat ramps, or related facilities; or 

4 ‘‘(C) for necessary climate adaptation miti5 gation. 

6 ‘‘(f) PUBLIC ACCESS REQUIREMENT.—A working 

7 waterfront project funded by grants made under this sec8 tion must provide for expansion, improvement, or preser9 vation of reasonable and appropriate public access to 

10 coastal waters at or in the vicinity of a working water11 front, except for commercial fishing or other industrial ac12 cess points where the coastal State determines that public 

13 access would be unsafe. 

14 ‘‘(g) LIMITATIONS.— 

15 ‘‘(1) Except as provided in paragraph (2), a 

16 grant awarded under this section may be used to 

17 purchase working waterfront or an interest in work18 ing waterfront, including an easement, only from a 

19 willing seller and at fair market value. 

20 ‘‘(2) A grant awarded under this section may 

21 be used to acquire working waterfront or an interest 

22 in working waterfront at less than fair market value 

23 only if the owner certifies to the Secretary that the 

24 sale is being entered into willingly and without coer25 cion. 


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1 ‘‘(3) No Federal, State, or local entity may ex2 ercise the power of eminent domain to secure title to 

3 any property or facilities in connection with a 

4 project carried out under this section. 

5 ‘‘(h) ALLOCATION OF GRANTS TO LOCAL GOVERN6 MENTS AND OTHER ENTITIES.— 

7 ‘‘(1) The Secretary shall encourage coastal 

8 States to broadly allocate amounts received as 

9 grants under this section among working water10 fronts identified in working waterfront plans ap11 proved under subsection (d). 

12 ‘‘(2) Subject to the approval of the Secretary, 

13 a coastal State may, as part of an approved working 

14 waterfront plan, designate as a qualified holder any 

15 unit of State or local government or nongovern16 mental organization, if the coastal State is ulti17 mately responsible for ensuring that the property 

18 will be managed in a manner that is consistent with 

19 the purposes for which the land entered into the pro20 gram. 

21 ‘‘(3) A coastal State or a qualified holder des22 ignated by a coastal State may allocate to a unit of 

23 local government, nongovernmental organization, 

24 fishing cooperative, or other entity, a portion of any 

25 grant made under this section for the purpose of 


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1 carrying out this section, except that such an alloca2 tion shall not relieve the coastal State of the respon3 sibility for ensuring that any funds so allocated are 

4 applied in furtherance of the coastal State’s ap5 proved working waterfront plan. 

6 ‘‘(4) A qualified holder may hold title to or in7 terest in property acquired under this section, except 

8 that— 

9 ‘‘(A) all persons holding title to or interest 

10 in working waterfront affected by a grant under 

11 this section, including a qualified holder, private 

12 citizen, private business, nonprofit organization, 

13 fishing cooperative, or other entity, shall enter 

14 into a working waterfront covenant; 

15 ‘‘(B) such covenant shall be held by the 

16 coastal State or a qualified holder designated 

17 under paragraph (2); 

18 ‘‘(C) if the coastal State determines, on 

19 the record after an opportunity for a hearing, 

20 that the working waterfront covenant has been 

21 violated— 

22 ‘‘(i) all right, title, and interest in and 

23 to the working waterfront covered by such 

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1 paragraph (D), revert to the coastal State; 

2 and 

3 ‘‘(ii) the coastal State shall have the 

4 right of immediate entry onto the working 

5 waterfront; 

6 ‘‘(D) if a coastal State makes a determina7 tion under subparagraph (C), the coastal State 

8 may convey or authorize the qualified holder to 

9 convey the working waterfront or interest in 

10 working waterfront to another qualified holder; 

11 and 

12 ‘‘(E) nothing in this subsection waives any 

13 legal requirement under any Federal or State 

14 law. 

15 ‘‘(i) MATCHING CONTRIBUTIONS.— 

16 ‘‘(1) Except as provided in paragraph (2), the 

17 Secretary shall require that each coastal State that 

18 receives a grant under this section, or a qualified 

19 holder designated by that coastal State under sub20 section (h), shall provide matching funds in an 

21 amount equal to at least 25 percent of the total cost 

22 of the project carried out with the grant. 

23 ‘‘(2) The Secretary may waive the application 

24 of paragraph (1) for any qualified holder that is an 

25 underserved community, a community that has an 


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1 inability to draw on other sources of funding because 

2 of the small population or low income of the commu3 nity, or for other reasons the Secretary considers ap4 propriate. 

5 ‘‘(3) A local community designated as a quali6 fied holder under subsection (h) may utilize funds or 

7 other in-kind contributions donated by a nongovern8 mental partner to satisfy the matching funds re9 quirement under this subsection. 

10 ‘‘(4) As a condition of receipt of a grant under 

11 this section, the Secretary shall require that a coast12 al State provide to the Secretary such assurances as 

13 the Secretary determines are sufficient to dem14 onstrate that the share of the cost of each eligible 

15 project that is not funded by the grant awarded 

16 under this section has been secured. 

17 ‘‘(5) If financial assistance under this section 

18 represents only a portion of the total cost of a 

19 project, funding from other Federal sources may be 

20 applied to the cost of the project. Each portion shall 

21 be subject to match requirements under the applica22 ble provision of law. 

23 ‘‘(6) The Secretary shall treat as non-Federal 

24 match the value of a working waterfront or interest 

25 in a working waterfront, including conservation and 


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1 other easements, that is held in perpetuity by a 

2 qualified holder, if the working waterfront or inter3 est is identified in the application for the grant and 

4 acquired by the qualified holder within 3 years of 

5 the grant award date, or within 3 years after the 

6 submission of the application and before the end of 

7 the grant award period. Such value shall be deter8 mined by an appraisal performed at such time before 

9 the award of the grant as the Secretary considers 

10 appropriate. 

11 ‘‘(7) The Secretary shall treat as non-Federal 

12 match the costs associated with acquisition of a 

13 working waterfront or an interest in a working wa14 terfront, and the costs of restoration, enhancement, 

15 or other improvement to a working waterfront, if the 

16 activities are identified in the project application and 

17 the costs are incurred within the period of the grant 

18 award, or, for working waterfront described in para19 graph (6), within the same time limits described in 

20 that paragraph. These costs may include either cash 

21 or in-kind contributions. 

22 ‘‘(j) LIMIT ON ADMINISTRATIVE COSTS.—No more 

23 than 5 percent of the funds made available to the Sec24 retary under this section may be used by the Secretary 


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1 for planning or administration of the program under this 

2 section. 

3 ‘‘(k) OTHER TECHNICAL AND FINANCIAL ASSIST4 ANCE.— 

5 ‘‘(1) Up to 5 percent of the funds appropriated 

6 under this section may be used by the Secretary for 

7 purposes of providing technical assistance as de8 scribed in this subsection. 

9 ‘‘(2) The Secretary shall— 

10 ‘‘(A) provide technical assistance to coastal 

11 States and local governments in identifying and 

12 obtaining other sources of available Federal 

13 technical and financial assistance for the devel14 opment and revision of a working waterfront 

15 plan and the implementation of an approved 

16 working waterfront plan; 

17 ‘‘(B) provide technical assistance to States 

18 and local governments for the development, im19 plementation, and revision of comprehensive 

20 working waterfront plans, which may include, 

21 subject to the availability of appropriations, 

22 planning grants and assistance, pilot projects, 

23 feasibility studies, research, and other projects 

24 necessary to further the purposes of this sec25 tion; 


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1 ‘‘(C) assist States in developing other tools 

2 to protect working waterfronts; 

3 ‘‘(D) collect and disseminate to States 

4 guidance for best storm water management 

5 practices in regards to working waterfronts; 

6 ‘‘(E) provide technical assistance to States 

7 and local governments on integrating resilience 

8 planning into working waterfront preservation 

9 efforts; and 

10 ‘‘(F) collect and disseminate best practices 

11 on working waterfronts and resilience planning. 

12 ‘‘(l) REPORTS.— 

13 ‘‘(1) The Secretary shall— 

14 ‘‘(A) develop performance measures to 

15 evaluate and report on the effectiveness of the 

16 program under this section in accomplishing the 

17 purpose of this section; and 

18 ‘‘(B) submit to Congress a biennial report 

19 that includes such evaluations, an account of all 

20 expenditures, and descriptions of all projects 

21 carried out using grants awarded under this 

22 section. 

23 ‘‘(2) The Secretary may submit the biennial re24 port under paragraph (1)(B) by including it in the 

25 biennial report required under section 316. 


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

2 ‘‘(1) The term ‘qualified holder’ means a coast3 al State or a unit of local or coastal State govern4 ment or a non-State organization designated by a 

5 coastal State under subsection (h). 

6 ‘‘(2) The term ‘Secretary’ means the Secretary, 

7 acting through the National Oceanic and Atmos8 pheric Administration. 

9 ‘‘(3) The term ‘working waterfront’ means real 

10 property (including support structures over water 

11 and other facilities) that provides access to coastal 

12 waters to persons engaged in commercial fishing, 

13 recreational fishing businesses, boatbuilding, aqua14 culture, or other water-dependent, coastal-related 

15 business and is used for, or that supports, commer16 cial fishing, recreational fishing businesses, 

17 boatbuilding, aquaculture, or other water-dependent, 

18 coastal-related business. 

19 ‘‘(4) The term ‘working waterfront covenant’ 

20 means an agreement in recordable form between the 

21 owner of working waterfront and one or more quali22 fied holders, that provides such assurances as the 

23 Secretary may require that— 

24 ‘‘(A) the title to or interest in the working 

25 waterfront will be held by a grant recipient or 


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1 qualified holder in perpetuity, except as pro2 vided in subparagraph (C); 

3 ‘‘(B) the working waterfront will be man4 aged in a manner that is consistent with the 

5 purposes for which the property is acquired 

6 pursuant to this section, and the property will 

7 not be converted to any use that is inconsistent 

8 with the purpose of this section; 

9 ‘‘(C) if the title to or interest in the work10 ing waterfront is sold or otherwise exchanged— 

11 ‘‘(i) all working waterfront owners 

12 and qualified holders involved in such sale 

13 or exchange shall accede to such agree14 ment; and 

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

16 value of the working waterfront or interest 

17 in working waterfront shall be paid to the 

18 Secretary by parties to the sale or ex19 change, and such funds shall, at the dis20 cretion of the Secretary, be paid to the 

21 coastal State in which the working water22 front is located for use in the implementa23 tion of the working waterfront plan of the 

24 State approved by the Secretary under this 

25 section; and 


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1 ‘‘(D) such covenant is subject to enforce2 ment and oversight by the coastal State or by 

3 another person as determined appropriate by 

4 the Secretary. 

5 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to the Grant Program 

7 $12,000,000.’’. 

8 SEC. 3. WORKING WATERFRONTS PRESERVATION FUND; 

9 GRANTS. 

10 The Coastal Zone Management Act of 1972 (16 

11 U.S.C. 1451 et seq.) is further amended by adding at the 

12 end the following: 

13 ‘‘SEC. 321. WORKING WATERFRONTS PRESERVATION LOAN 

14 FUND. 

15 ‘‘(a) FUND.—There is established in the Treasury a 

16 separate account that shall be known as the ‘Working Wa17 terfronts Preservation Loan Fund’ (in this section re18 ferred to as the ‘Fund’). 

19 ‘‘(b) USE.— 

20 ‘‘(1) Subject to the availability of appropria21 tions, amounts in the Fund may be used by the Sec22 retary to make loans to coastal States for the pur23 pose of implementing a working waterfront plan ap24 proved by the Secretary under section 320(d) 

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1 habilitation, acquisition of working waterfront prop2 erties under criteria established by the Secretary. 

3 ‘‘(2) Upon enactment of this Act, the Secretary 

4 of Commerce shall conduct a feasibility study on the 

5 administration of the development and management 

6 of a Working Waterfronts Preservation Loan Fund. 

7 ‘‘(3) Upon the completion of the study under 

8 paragraph (2), the Secretary shall establish a fund 

9 in accordance with the results of that study, and es10 tablish such criteria as referenced in subsection (c) 

11 in consultation with States that have a management 

12 program approved by the Secretary of Commerce 

13 pursuant to section 306 and local government coast14 al management programs. 

15 ‘‘(c) AWARD CRITERIA.—The Secretary shall award 

16 loans under this section through a regionally equitable, 

17 competitive funding process, and in accordance with the 

18 following: 

19 ‘‘(1) The Governor, or the lead agency des20 ignated by the Governor for coordinating the imple21 mentation of this section, where appropriate in con22 sultation with the appropriate local government, 

23 shall determine that an application for a loan is con24 sistent with the State’s approved coastal zone plan, 


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1 program, and policies prior to submission to the Sec2 retary. 

3 ‘‘(2) In developing guidelines under this section, 

4 the Secretary shall consult with coastal States, other 

5 Federal agencies, and other interested stakeholders 

6 with expertise in working waterfront planning. 

7 ‘‘(3) Coastal States may allocate amounts 

8 loaned under this section to local governments, agen9 cies, or nongovernmental organizations eligible for 

10 loans under this section. 

11 ‘‘(4) In awarding a loan for activities in a 

12 coastal State, the Secretary shall consider— 

13 ‘‘(A) the economic and cultural significance 

14 of working waterfront to the coastal State; 

15 ‘‘(B) the demonstrated working waterfront 

16 needs of the coastal State as outlined by a 

17 working waterfront plan approved for the coast18 al State under subsection 320(d), and the value 

19 of the proposed loan for the implementation of 

20 such plan; 

21 ‘‘(C) the ability to successfully leverage 

22 loan funds among participating entities, includ23 ing Federal programs, regional organizations, 

24 State and other government units, landowners, 

25 corporations, or private organizations; 


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1 ‘‘(D) the potential for rapid turnover in 

2 the ownership of working waterfront in the 

3 coastal State, and where applicable the need for 

4 coastal States to respond quickly when prop5 erties in existing or potential working water6 front areas or public access areas as identified 

7 in the working waterfront plan submitted by 

8 the coastal State come under threat or become 

9 available; 

10 ‘‘(E) the impact of the loan on the coastal 

11 ecosystem and the users of the coastal eco12 system; and 

13 ‘‘(F) the extent of the historic connection 

14 between working waterfronts for which the loan 

15 will be used and the local communities within 

16 the coastal State. 

17 ‘‘(d) LOAN AMOUNT AND TERMS.— 

18 ‘‘(1) The amount of a loan under this section— 

19 ‘‘(A) shall be not less than $100,000; and 

20 ‘‘(B) shall not exceed 15 percent of the 

21 amount in the Fund as of July 1 of the fiscal 

22 year in which the loan is made. 

23 ‘‘(2) The interest rate for a loan under this sec24 tion shall not exceed 4 percent. 


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1 ‘‘(3) The repayment term for a loan under this 

2 section shall not exceed 20 years. 

3 ‘‘(e) DEADLINE FOR APPROVAL.—The Secretary 

4 shall approve or reject an application for a loan under this 

5 section within 60 days after receiving an application for 

6 the loan. 

7 ‘‘(f) LIMIT ON ADMINISTRATIVE COSTS.—No more 

8 than 5 percent of the funds made available to the Sec9 retary under this section may be used by the Secretary 

10 for planning or administration of the program under this 

11 section. 

12 ‘‘(g) DEFINITIONS.—The definitions in section 

13 320(m) shall apply to this section. 

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

15 is authorized to be appropriated to the Fund 

16 $12,000,000.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS