IB 

Union Calendar No. 238 

116TH CONGRESS 

1ST SESSION H. R. 3596 

[Report No. 116–295] 

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 

NOVEMBER 15, 2019 

Additional sponsors: Mr. CASE, Mr. GOLDEN, Mrs. LURIA, Mr. PALLONE, Mr. 

KILMER, Miss GONZA ́LEZ-COLO ́N of Puerto Rico, and Ms. GABBARD

NOVEMBER 15, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 28, 2019] 


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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. 


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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 U.S.C. 

8 1451 et seq.) is amended by adding at the end the following: 

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

10 ‘‘(a) WORKING WATERFRONT TASK FORCE.— 

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

12 Secretary of Commerce shall establish a task force to 

13 work directly with coastal States, user groups, and 

14 coastal stakeholders to identify and address critical 

15 needs with respect to working waterfronts. 

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

17 force shall be appointed by the Secretary of Com18 merce, and shall include— 

19 ‘‘(A) experts in the unique economic, social, 

20 cultural, ecological, geographic, and resource 

21 concerns of working waterfronts; and 

22 ‘‘(B) representatives from the National Oce23 anic and Atmospheric Administration’s Office of 

24 Coastal Management, the United States Fish and 

25 Wildlife Service, the Department of Agriculture, 


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1 the Environmental Protection Agency, the 

2 United States Geological Survey, the Navy, the 

3 National Marine Fisheries Service, the Economic 

4 Development Agency, and such other Federal 

5 agencies as the Secretary considers appropriate. 

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

7 ‘‘(A) identify and prioritize critical needs 

8 with respect to working waterfronts in States 

9 that have a management program approved by 

10 the Secretary of Commerce pursuant to section 

11 306, in the areas of— 

12 ‘‘(i) economic and cultural importance 

13 of working waterfronts to communities; 

14 ‘‘(ii) changing environments and 

15 threats working waterfronts face from envi16 ronment changes, trade barriers, sea level 

17 rise, extreme weather events, ocean acidifi18 cation, and harmful algal blooms; and 

19 ‘‘(iii) identifying working waterfronts 

20 and highlighting them within communities; 

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

22 coastal States and local stakeholders, to address 

23 such critical needs, including adaptation and 

24 mitigation where applicable; 


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1 ‘‘(C) identify Federal agencies that are re2 sponsible under existing law for addressing such 

3 critical needs; and 

4 ‘‘(D) recommend Federal agencies best suit5 ed to address any critical needs for which no 

6 agency is responsible under existing law. 

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

8 identifying and prioritizing policy gaps pursuant to 

9 paragraph (3), the task force shall consider the find10 ings and recommendations contained in section VI of 

11 the report entitled ‘The Sustainable Working Water12 fronts Toolkit: Final Report’, dated March 2013. 

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

14 the date of the enactment of this section, the task force 

15 shall submit a report to Congress on its findings. 

16 ‘‘(6) IMPLEMENTATION.—The head of each Fed17 eral agency identified in the report pursuant to para18 graph (3)(C) shall take such action as is necessary to 

19 implement the recommendations contained in the re20 port by not later than 1 year after the date of the 

21 issuance of the report. 

22 ‘‘(b) WORKING WATERFRONT GRANT PROGRAM.— 

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

24 Waterfront Grant Program, in cooperation with ap25 propriate State, regional, and other units of governVerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3596.RH H3596

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1 ment, under which the Secretary may make a grant 

2 to any coastal State for the purpose of implementing 

3 a working waterfront plan approved by the Secretary 

4 under subsection (c). 

5 ‘‘(2) Subject to the availability of appropria6 tions, the Secretary shall award matching grants 

7 under the Working Waterfronts Grant Program to 

8 coastal States with approved working waterfront 

9 plans through a regionally equitable, competitive 

10 funding process in accordance with the following: 

11 ‘‘(A) The Governor, or the lead agency des12 ignated by the Governor for coordinating the im13 plementation of this section, where appropriate 

14 in consultation with the appropriate local gov15 ernment, shall determine that the application is 

16 consistent with the State’s or territory’s ap17 proved coastal zone plan, program, and policies 

18 prior to submission to the Secretary. 

19 ‘‘(B) In developing guidelines under this 

20 section, the Secretary shall consult with coastal 

21 States, other Federal agencies, and other inter22 ested stakeholders with expertise in working wa23 terfront planning. 

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

25 local governments, agencies, or nongovernmental 


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1 organizations eligible for assistance under this 

2 section. 

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

4 Secretary shall consider— 

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

6 significance of working waterfront to the coastal 

7 State; 

8 ‘‘(B) the demonstrated working waterfront 

9 needs of the coastal State as outlined by a work10 ing waterfront plan approved for the coastal 

11 State under subsection (c), and the value of the 

12 proposed project for the implementation of such 

13 plan; 

14 ‘‘(C) the ability to successfully leverage 

15 funds among participating entities, including 

16 Federal programs, regional organizations, State 

17 and other government units, landowners, cor18 porations, or private organizations; 

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

20 ownership of working waterfront in the coastal 

21 State, and where applicable the need for coastal 

22 States to respond quickly when properties in ex23 isting or potential working waterfront areas or 

24 public access areas as identified in the working 


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1 waterfront plan submitted by the coastal State 

2 come under threat or become available; and 

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

4 plan approved for the coastal State under sub5 section (c) on the coastal ecosystem and the users 

6 of the coastal ecosystem. 

7 ‘‘(4) The Secretary shall approve or reject an ap8 plication for such a grant within 60 days after receiv9 ing an application for the grant. 

10 ‘‘(c) WORKING WATERFRONT PLANS.— 

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

12 (b), a coastal State must submit and have approved 

13 by the Secretary a comprehensive working waterfront 

14 plan in accordance with this subsection, or be in the 

15 process of developing such a plan and have an estab16 lished working waterfront program at the State or 

17 local level, or the Secretary determines that an exist18 ing coastal land use plan for that State is in accord19 ance with this subsection. 

20 ‘‘(2) Such plan— 

21 ‘‘(A) must provide for preservation and ex22 pansion of access to coastal waters to persons en23 gaged in commercial fishing, recreational fishing 

24 and boating businesses, aquaculture, 


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1 boatbuilding, or other water-dependent, coastal2 related business; 

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

4 ‘‘(i) an assessment of the economic, so5 cial, cultural, and historic value of working 

6 waterfront to the coastal State; 

7 ‘‘(ii) a description of relevant State 

8 and local laws and regulations affecting 

9 working waterfront in the geographic areas 

10 identified in the working waterfront plan; 

11 ‘‘(iii) identification of geographic areas 

12 where working waterfronts are currently 

13 under threat of conversion to uses incompat14 ible with commercial and recreational fish15 ing, recreational fishing and boating busi16 nesses, aquaculture, boatbuilding, or other 

17 water-dependent, coastal-related business, 

18 and the level of that threat; 

19 ‘‘(iv) identification of geographic areas 

20 with a historic connection to working wa21 terfronts where working waterfronts are not 

22 currently available, and, where appropriate, 

23 an assessment of the environmental impacts 

24 of any expansion or new development of 


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1 working waterfronts on the coastal eco2 system; 

3 ‘‘(v) identification of other working 

4 waterfront needs including improvements to 

5 existing working waterfronts and working 

6 waterfront areas; 

7 ‘‘(vi) a strategic and prioritized plan 

8 for the preservation, expansion, and im9 provement of working waterfronts in the 

10 coastal State; 

11 ‘‘(vii) for areas identified under 

12 clauses (iii), (iv), (v), and (vi), identifica13 tion of current availability and potential 

14 for expansion of public access to coastal 

15 waters; 

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

17 community support for such strategic plan; 

18 and 

19 ‘‘(ix) a contingency plan for properties 

20 that revert to the coastal State pursuant to 

21 determinations made by the coastal State 

22 under subsection (g)(4)(C); 

23 ‘‘(C) may include detailed environmental 

24 impacts on working waterfronts, including hazVerDate Sep 11 2014 23:15 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3596.RH H3596

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1 ards, sea level rise, inundation exposure, and 

2 other resiliency issues; 

3 ‘‘(D) may be part of the management pro4 gram approved under section 306; 

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

6 practicable existing information contained in 

7 relevant surveys, plans, or other strategies to ful8 fill the information requirements under this 

9 paragraph; and 

10 ‘‘(F) shall incorporate the policies and regu11 lations adopted by communities under local 

12 working waterfront plans or strategies in exist13 ence before the date of the enactment of this sec14 tion. 

15 ‘‘(3) A working waterfront plan— 

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

17 section for the 5-year period beginning on the 

18 date it is approved by the Secretary; 

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

20 the Secretary before the end of such period; and 

21 ‘‘(C) shall be complimentary to and incor22 porate the policies and objectives of regional or 

23 local working waterfront plans as in effect before 

24 the date of enactment of this section or as subse25 quently revised. 


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1 ‘‘(4) The Secretary may— 

2 ‘‘(A) award planning grants to coastal 

3 States for the purpose of developing or revising 

4 comprehensive working waterfront plans; and 

5 ‘‘(B) award grants consistent with the pur6 poses of this section to States undertaking the 

7 working waterfront planning process under this 

8 section, for the purpose of preserving and pro9 tecting working waterfronts during such process. 

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

11 waterfront grant under this title shall— 

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

13 using a process that involves the public and those 

14 with an interest in the coastal zone; 

15 ‘‘(B) coordinate development and implemen16 tation of such a plan with other coastal manage17 ment programs, regulations, and activities of the 

18 coastal State; and 

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

20 holders (other than the coastal State) to enter 

21 into working waterfront covenants, provide as 

22 part of the working waterfront plan under this 

23 subsection a mechanism or procedure to ensure 

24 that the qualified holders are complying their 


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1 duties to enforce the working waterfront cov2 enant. 

3 ‘‘(d) USES, TERMS, AND CONDITIONS.— 

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

5 this section shall be subject to such terms and condi6 tions as may be appropriate to ensure that the grant 

7 is used for purposes consistent with this section. 

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

9 ‘‘(A) to acquire a working waterfront, or an 

10 interest in a working waterfront; 

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

12 waterfront, including the construction or repair 

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

14 ‘‘(C) for necessary climate adaptation miti15 gation. 

16 ‘‘(e) PUBLIC ACCESS REQUIREMENT.—A working wa17 terfront project funded by grants made under this section 

18 must provide for expansion, improvement, or preservation 

19 of reasonable and appropriate public access to coastal 

20 waters at or in the vicinity of a working waterfront, except 

21 for commercial fishing or other industrial access points 

22 where the coastal State determines that public access would 

23 be unsafe. 

24 ‘‘(f) LIMITATIONS.— 


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

2 grant awarded under this section may be used to pur3 chase working waterfront or an interest in working 

4 waterfront, including an easement, only from a will5 ing seller and at fair market value. 

6 ‘‘(2) A grant awarded under this section may be 

7 used to acquire working waterfront or an interest in 

8 working waterfront at less than fair market value 

9 only if the owner certifies to the Secretary that the 

10 sale is being entered into willingly and without coer11 cion. 

12 ‘‘(3) No Federal, State, or local entity may exer13 cise the power of eminent domain to secure title to 

14 any property or facilities in connection with a project 

15 carried out under this section. 

16 ‘‘(g) ALLOCATION OF GRANTS TO LOCAL GOVERN17 MENTS AND OTHER ENTITIES.— 

18 ‘‘(1) The Secretary shall encourage coastal States 

19 to broadly allocate amounts received as grants under 

20 this section among working waterfronts identified in 

21 working waterfront plans approved under subsection 

22 (c). 

23 ‘‘(2) Subject to the approval of the Secretary, a 

24 coastal State may, as part of an approved working 

25 waterfront plan, designate as a qualified holder any 


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1 unit of State or local government or nongovernmental 

2 organization, if the coastal State is ultimately respon3 sible for ensuring that the property will be managed 

4 in a manner that is consistent with the purposes for 

5 which the land entered into the program. 

6 ‘‘(3) A coastal State or a qualified holder des7 ignated by a coastal State may allocate to a unit of 

8 local government, nongovernmental organization, fish9 ing cooperative, or other entity, a portion of any 

10 grant made under this section for the purpose of car11 rying out this section, except that such an allocation 

12 shall not relieve the coastal State of the responsibility 

13 for ensuring that any funds so allocated are applied 

14 in furtherance of the coastal State’s approved working 

15 waterfront plan. 

16 ‘‘(4) A qualified holder may hold title to or in17 terest in property acquired under this section, except 

18 that— 

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

20 in working waterfront affected by a grant under 

21 this section, including a qualified holder, private 

22 citizen, private business, nonprofit organization, 

23 fishing cooperative, or other entity, shall enter 

24 into a working waterfront covenant; 


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

2 coastal State or a qualified holder designated 

3 under paragraph (2); 

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

5 record after an opportunity for a hearing, that 

6 the working waterfront covenant has been vio7 lated— 

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

9 to the working waterfront covered by such 

10 covenant shall, except as provided in sub11 paragraph (D), revert to the coastal State; 

12 and 

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

14 right of immediate entry onto the working 

15 waterfront; 

16 ‘‘(D) if a coastal State makes a determina17 tion under subparagraph (C), the coastal State 

18 may convey or authorize the qualified holder to 

19 convey the working waterfront or interest in 

20 working waterfront to another qualified holder; 

21 and 

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

23 legal requirement under any Federal or State 

24 law. 

25 ‘‘(h) MATCHING CONTRIBUTIONS.— 


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

2 Secretary shall require that each coastal State that re3 ceives a grant under this section, or a qualified holder 

4 designated by that coastal State under subsection (g), 

5 shall provide matching funds in an amount equal to 

6 at least 25 percent of the total cost of the project car7 ried out with the grant. 

8 ‘‘(2) The Secretary may waive the application of 

9 paragraph (1) for any qualified holder that is an un10 derserved community, a community that has an in11 ability to draw on other sources of funding because of 

12 the small population or low income of the community, 

13 or for other reasons the Secretary considers appro14 priate. 

15 ‘‘(3) A local community designated as a quali16 fied holder under subsection (g) may utilize funds or 

17 other in-kind contributions donated by a nongovern18 mental partner to satisfy the matching funds require19 ment under this subsection. 

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

21 this section, the Secretary shall require that a coastal 

22 State provide to the Secretary such assurances as the 

23 Secretary determines are sufficient to demonstrate 

24 that the share of the cost of each eligible project that 


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1 is not funded by the grant awarded under this section 

2 has been secured. 

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

4 represents only a portion of the total cost of a project, 

5 funding from other Federal sources may be applied to 

6 the cost of the project. Each portion shall be subject 

7 to match requirements under the applicable provision 

8 of law. 

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

10 match the value of a working waterfront or interest 

11 in a working waterfront, including conservation and 

12 other easements, that is held in perpetuity by a quali13 fied holder, if the working waterfront or interest is 

14 identified in the application for the grant and ac15 quired by the qualified holder within 3 years of the 

16 grant award date, or within 3 years after the submis17 sion of the application and before the end of the grant 

18 award period. Such value shall be determined by an 

19 appraisal performed at such time before the award of 

20 the grant as the Secretary considers appropriate. 

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

22 match the costs associated with acquisition of a work23 ing waterfront or an interest in a working waterfront, 

24 and the costs of restoration, enhancement, or other 

25 improvement to a working waterfront, if the activities 


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1 are identified in the project application and the costs 

2 are incurred within the period of the grant award, or, 

3 for working waterfront described in paragraph (6), 

4 within the same time limits described in that para5 graph. These costs may include either cash or in-kind 

6 contributions. 

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

8 than 5 percent of the funds made available to the Secretary 

9 under this section may be used by the Secretary for plan10 ning or administration of the program under this section. 

11 ‘‘(j) OTHER TECHNICAL AND FINANCIAL ASSIST12 ANCE.— 

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

14 under this section may be used by the Secretary for 

15 purposes of providing technical assistance as de16 scribed in this subsection. 

17 ‘‘(2) The Secretary shall— 

18 ‘‘(A) provide technical assistance to coastal 

19 States and local governments in identifying and 

20 obtaining other sources of available Federal tech21 nical and financial assistance for the develop22 ment and revision of a working waterfront plan 

23 and the implementation of an approved working 

24 waterfront plan; 


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1 ‘‘(B) provide technical assistance to States 

2 and local governments for the development, im3 plementation, and revision of comprehensive 

4 working waterfront plans, which may include, 

5 subject to the availability of appropriations, 

6 planning grants and assistance, pilot projects, 

7 feasibility studies, research, and other projects 

8 necessary to further the purposes of this section; 

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

10 to protect working waterfronts; 

11 ‘‘(D) collect and disseminate to States guid12 ance for best storm water management practices 

13 in regards to working waterfronts; 

14 ‘‘(E) provide technical assistance to States 

15 and local governments on integrating resilience 

16 planning into working waterfront preservation 

17 efforts; and 

18 ‘‘(F) collect and disseminate best practices 

19 on working waterfronts and resilience planning. 

20 ‘‘(k) REPORTS.— 

21 ‘‘(1) The Secretary shall— 

22 ‘‘(A) develop performance measures to 

23 evaluate and report on the effectiveness of the 

24 program under this section in accomplishing the 

25 purpose of this section; and 


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

2 that includes such evaluations, an account of all 

3 expenditures, and descriptions of all projects car4 ried out using grants awarded under this sec5 tion. 

6 ‘‘(2) The Secretary may submit the biennial re7 port under paragraph (1)(B) by including it in the 

8 biennial report required under section 316. 

9 ‘‘(l) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘qualified holder’ means a coastal 

11 State or a unit of local or coastal State government 

12 or a non-State organization designated by a coastal 

13 State under subsection (g). 

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

15 acting through the National Oceanic and Atmospheric 

16 Administration. 

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

18 property (including support structures over water 

19 and other facilities) that provides access to coastal 

20 waters to persons engaged in commercial and rec21 reational fishing, recreational fishing and boating 

22 businesses, boatbuilding, aquaculture, or other water23 dependent, coastal-related business and is used for, or 

24 that supports, commercial and recreational fishing, 

25 recreational fishing and boating businesses, 


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1 boatbuilding, aquaculture, or other water-dependent, 

2 coastal-related business. 

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

4 means an agreement in recordable form between the 

5 owner of working waterfront and one or more quali6 fied holders, that provides such assurances as the Sec7 retary may require that— 

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

9 waterfront will be held by a grant recipient or 

10 qualified holder in perpetuity, except as provided 

11 in subparagraph (C); 

12 ‘‘(B) the working waterfront will be man13 aged in a manner that is consistent with the 

14 purposes for which the property is acquired pur15 suant to this section, and the property will not 

16 be converted to any use that is inconsistent with 

17 the purpose of this section; 

18 ‘‘(C) if the title to or interest in the working 

19 waterfront is sold or otherwise exchanged— 

20 ‘‘(i) all working waterfront owners and 

21 qualified holders involved in such sale or ex22 change shall accede to such agreement; and 

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

24 value of the working waterfront or interest 

25 in working waterfront shall be paid to the 


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1 Secretary by parties to the sale or exchange, 

2 and such funds shall, at the discretion of the 

3 Secretary, be paid to the coastal State in 

4 which the working waterfront is located for 

5 use in the implementation of the working 

6 waterfront plan of the State approved by 

7 the Secretary under this section; and 

8 ‘‘(D) such covenant is subject to enforcement 

9 and oversight by the coastal State or by another 

10 person as determined appropriate by the Sec11 retary. 

12 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Grant Program 

14 $12,000,000.’’. 

15 SEC. 3. WORKING WATERFRONTS PRESERVATION FUND; 

16 GRANTS. 

17 The Coastal Zone Management Act of 1972 (16 U.S.C. 

18 1451 et seq.) is further amended by adding at the end the 

19 following: 

20 ‘‘SEC. 321. WORKING WATERFRONTS PRESERVATION LOAN 

21 FUND. 

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

23 separate account that shall be known as the ‘Working Wa24 terfronts Preservation Loan Fund’ (in this section referred 

25 to as the ‘Fund’). 


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1 ‘‘(b) USE.— 

2 ‘‘(1) Subject to the availability of appropria3 tions, amounts in the Fund may be used by the Sec4 retary to make loans to coastal States for the purpose 

5 of implementing a working waterfront plan approved 

6 by the Secretary under section 320(c) through preser7 vation, improvement, restoration, rehabilitation, ac8 quisition of working waterfront properties under cri9 teria established by the Secretary. 

10 ‘‘(2) Upon enactment of this section, the Sec11 retary of Commerce shall conduct a feasibility study 

12 on the administration of the development and man13 agement of a Working Waterfronts Preservation Loan 

14 Fund. 

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

16 paragraph (2), the Secretary shall establish a fund in 

17 accordance with the results of that study, and estab18 lish such criteria as referenced in subsection (c) in 

19 consultation with States that have a management 

20 program approved by the Secretary of Commerce pur21 suant to section 306 and local government coastal 

22 management programs. 

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

24 loans under this section through a regionally equitable, 


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1 competitive funding process, and in accordance with the fol2 lowing: 

3 ‘‘(1) The Governor, or the lead agency designated 

4 by the Governor for coordinating the implementation 

5 of this section, where appropriate in consultation 

6 with the appropriate local government, shall deter7 mine that an application for a loan is consistent with 

8 the State’s approved coastal zone plan, program, and 

9 policies prior to submission to the Secretary. 

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

11 the Secretary shall consult with coastal States, other 

12 Federal agencies, and other interested stakeholders 

13 with expertise in working waterfront planning. 

14 ‘‘(3) Coastal States may allocate amounts loaned 

15 under this section to local governments, agencies, or 

16 nongovernmental organizations eligible for loans 

17 under this section. 

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

19 coastal State, the Secretary shall consider— 

20 ‘‘(A) the economic and cultural significance 

21 of working waterfront to the coastal State; 

22 ‘‘(B) the demonstrated working waterfront 

23 needs of the coastal State as outlined by a work24 ing waterfront plan approved for the coastal 

25 State under section 320(c), and the value of the 


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1 proposed loan for the implementation of such 

2 plan; 

3 ‘‘(C) the ability to successfully leverage loan 

4 funds among participating entities, including 

5 Federal programs, regional organizations, State 

6 and other government units, landowners, cor7 porations, or private organizations; 

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

9 ownership of working waterfront in the coastal 

10 State, and where applicable the need for coastal 

11 States to respond quickly when properties in ex12 isting or potential working waterfront areas or 

13 public access areas as identified in the working 

14 waterfront plan submitted by the coastal State 

15 come under threat or become available; 

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

17 ecosystem and the users of the coastal ecosystem; 

18 and 

19 ‘‘(F) the extent of the historic connection be20 tween working waterfronts for which the loan 

21 will be used and the local communities within 

22 the coastal State. 

23 ‘‘(d) LOAN AMOUNT AND TERMS.— 

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

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


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

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

3 year in which the loan is made. 

4 ‘‘(2) The interest rate for a loan under this sec5 tion shall not exceed 4 percent. 

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

7 section shall not exceed 20 years. 

8 ‘‘(e) DEADLINE FOR APPROVAL.—The Secretary shall 

9 approve or reject an application for a loan under this sec10 tion within 60 days after receiving an application for the 

11 loan. 

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

13 than 5 percent of the funds made available to the Secretary 

14 under this section may be used by the Secretary for plan15 ning or administration of the program under this section. 

16 ‘‘(g) DEFINITIONS.—The definitions in section 320(l) 

17 shall apply to this section. 

18 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Fund $12,000,000.’’. 


kjohnson on DSK79L0C42 with BILLS
Union Calendar No. 238 

116TH CONGRESS 

1ST SESSION H. R. 3596 

[Report No. 116–295] 

A BILL 

To amend the Coastal Zone Management Act of 

and for other purposes. Force and a working waterfronts grant program, 1972 to establish a Working Waterfront Task 

NOVEMBER 15, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


kjohnson on DSK79L0C42 with BILLS