I 

114TH CONGRESS 

2D SESSION H. R. 5277 

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 

MAY 18, 2016 

Ms. PINGREE (for herself, Mr. WITTMAN, and Mrs. CAPPS) 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.—The Congress finds 

3 the following: 

4 ‘‘(1) FINDINGS.— 

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, tourism, aquaculture, boatbuilding, 

10 transportation, and many other water-depend11 ent businesses. 

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) Privately owned access areas for 

4 water-dependent commercial activity in many 

5 States are under increasing threat from private 

6 residential development and other conversion. 

7 ‘‘(E) Loss of access for water-dependent 

8 commercial activity would have economically 

9 and culturally devastating consequences for 

10 many coastal communities. 

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

12 to preserve and protect coastal access for persons 

13 engaged in water-dependent commercial activities, 

14 including commercial fishing, recreational fishing 

15 businesses, aquaculture, boatbuilding, or other 

16 water-dependent coastal-related businesses. 

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

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

19 Secretary of the Interior shall establish a task force 

20 to identify and address critical needs with respect to 

21 working waterfronts. 

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

23 force shall be appointed by the Secretary of the Inte24 rior, and shall include— 


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1 ‘‘(A) experts in the unique economic, so2 cial, cultural, ecological, geographic, and re3 source concerns of working waterfronts; and 

4 ‘‘(B) representatives from the National 

5 Oceanic and Atmospheric Administration’s 

6 Coastal Services Center, the United States Fish 

7 and Wildlife Service, the Department of Agri8 culture, the Environmental Protection Agency, 

9 the United States Geological Survey, the Navy, 

10 the National Marine Fisheries Service, and such 

11 other Federal agencies as the Secretary con12 siders appropriate. 

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

14 ‘‘(A) identify and prioritize critical needs 

15 with respect to working waterfronts in States 

16 that have a management program approved by 

17 the Secretary of Commerce pursuant to section 

18 306, in the areas of— 

19 ‘‘(i) economic and cultural importance 

20 of working waterfronts to communities; 

21 ‘‘(ii) changing environments and 

22 threats working waterfronts face from en23 vironment changes, trade barriers, and 

24 marketplace variables; and 


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1 ‘‘(iii) identifying working waterfronts 

2 and highlighting them within communities; 

3 ‘‘(B) outline options to address such crit4 ical needs; 

5 ‘‘(C) identify Federal agencies that are re6 sponsible under existing law for addressing such 

7 critical needs; and 

8 ‘‘(D) recommend Federal agencies best 

9 suited to address any critical needs for which 

10 no agency is responsible under existing law. 

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

12 identifying and prioritizing policy gaps pursuant to 

13 paragraph (3), the task force shall consider the find14 ings and recommendations contained in section VI of 

15 the report entitled ‘The Sustainable Working Water16 fronts Toolkit: Final Report’, dated March 2013. 

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

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

19 force shall submit a report to Congress on its find20 ings. 

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

22 Federal agency identified in the report pursuant to 

23 paragraph (3)(C) shall take such action as is nec24 essary to implement the recommendations contained 


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

2 of the issuance of the report. 

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

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

5 Waterfront Grant Program, in cooperation with ap6 propriate State, regional, and other units of govern7 ment, under which the Secretary may make a grant 

8 to any coastal state for the purpose of implementing 

9 a working waterfront plan approved by the Secretary 

10 under subsection (d). 

11 ‘‘(2) Subject to the availability of appropria12 tions, the Secretary shall award matching grants 

13 under the program to coastal states with approved 

14 working waterfront plans through a regionally equi15 table, competitive funding process in accordance 

16 with the following: 

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

18 designated by the Governor for coordinating the 

19 implementation of this section, where appro20 priate in consultation with the appropriate local 

21 government, shall determine that the applica22 tion is consistent with the State’s or territory’s 

23 approved coastal zone plan, program, and poli24 cies prior to submittal to the Secretary. 


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1 ‘‘(B) In developing guidelines under this 

2 section, the Secretary shall consult with coastal 

3 states, other Federal agencies, and other inter4 ested stakeholders with expertise in working 

5 waterfront planning. 

6 ‘‘(C) Coastal states may allocate grants to 

7 local governments, agencies, or nongovernment 

8 organizations eligible for assistance under this 

9 section. 

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

11 Secretary shall consider— 

12 ‘‘(A) the economic and cultural significance 

13 of working waterfront to the coastal state; 

14 ‘‘(B) the demonstrated working waterfront 

15 needs of the coastal state as outlined by a 

16 working waterfront plan approved for the coast17 al state under subsection (d), and the value of 

18 the proposed project for the implementation of 

19 such Plan; 

20 ‘‘(C) the ability to successfully leverage 

21 funds among participating entities, including 

22 Federal programs, regional organizations, State 

23 and other government units, landowners, cor24 porations, 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 working waterfront 

11 plan approved for the coastal state under sub12 section (d) on the coastal ecosystem and the 

13 users of the coastal ecosystem; and 

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

15 between working waterfronts and the local com16 munities within the coastal state. 

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

18 application for such a grant within 60 days after re19 ceiving an application for the grant. 

20 ‘‘(d) WORKING WATERFRONT PLANS.— 

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

22 (c), a coastal state must submit and have approved 

23 by the Secretary a comprehensive working water24 front plan in accordance with this subsection or be 

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


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1 established working waterfront program at the State 

2 or local level. 

3 ‘‘(2) Such plan— 

4 ‘‘(A) must provide for preservation and ex5 pansion of access to coastal waters to persons 

6 engaged in commercial fishing, recreational 

7 fishing businesses, aquaculture, boatbuilding, or 

8 other water-dependent, coastal-related business; 

9 ‘‘(B) shall include— 

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

11 social, cultural, and historic value of work12 ing waterfront to the coastal state; 

13 ‘‘(ii) a description of relevant State 

14 and local laws and regulations affecting 

15 working waterfront in the geographic areas 

16 identified in the working waterfront plan; 

17 ‘‘(iii) identification of geographic 

18 areas where working waterfronts are cur19 rently under threat of conversion to uses 

20 incompatible with commercial fishing, rec21 reational fishing businesses, aquaculture, 

22 boatbuilding, or other water-dependent, 

23 coastal-related business, and the level of 

24 that threat; 


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1 ‘‘(iv) identification of geographic areas 

2 with a historic connection to working wa3 terfronts where working waterfronts are 

4 not currently available, and, where appro5 priate, an assessment of the environmental 

6 impacts of any expansion or new develop7 ment of working waterfronts on the coastal 

8 ecosystem; 

9 ‘‘(v) identification of other working 

10 waterfront needs including improvements 

11 to existing working waterfronts and work12 ing waterfront areas; 

13 ‘‘(vi) a strategic and prioritized plan 

14 for the preservation, expansion, and im15 provement of working waterfronts in the 

16 coastal state; 

17 ‘‘(vii) for areas identified under 

18 clauses (iii), (iv), (v), and (vi), identifica19 tion of current availability and potential 

20 for expansion of public access to coastal 

21 waters; 

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

23 community support for such strategic plan; 

24 and 


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1 ‘‘(ix) a contingency plan for properties 

2 that revert to the coastal state pursuant to 

3 determinations made by the coastal state 

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

5 ‘‘(C) may be part of the management pro6 gram approved under section 306; 

7 ‘‘(D) shall utilize to the maximum extent 

8 practicable existing information contained in 

9 relevant surveys, plans, or other strategies to 

10 fulfill the information requirements under this 

11 paragraph; and 

12 ‘‘(E) shall incorporate the policies and reg13 ulations adopted by communities under local 

14 working waterfront plans or strategies in exist15 ence prior to the date of enactment of this sec16 tion. 

17 ‘‘(3) A working waterfront plan— 

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

19 section for the 5-year period beginning on the 

20 date it is approved by the Secretary; 

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

22 the Secretary before the end of such period; and 

23 ‘‘(C) shall be complimentary to and incor24 porate the policies and objectives of regional or 

25 local working waterfront plans as in effect beVerDate Sep 11 2014 18:42 May 20, 2016 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5277.IH H5277

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1 fore the date of enactment of this section or as 

2 subsequently revised. 

3 ‘‘(4) The Secretary may— 

4 ‘‘(A) award planning grants to coastal 

5 states for the purpose of developing or revising 

6 comprehensive working waterfront plans; and 

7 ‘‘(B) award grants consistent with the pur8 poses of this section to States undertaking the 

9 working waterfront planning process under this 

10 section, for the purpose of preserving and pro11 tecting working waterfronts during such proc12 ess. 

13 ‘‘(5) Any coastal state applying for a working 

14 waterfront grant under this title shall— 

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

16 using a process that involves the public and 

17 those with an interest in the coastal zone; 

18 ‘‘(B) coordinate development and imple19 mentation of such a plan with other coastal 

20 management programs, regulations, and activi21 ties of the coastal state; and 

22 ‘‘(C) if the coastal state allows qualified 

23 holders (other than the coastal state) to enter 

24 into working waterfront covenants, provide as 

25 part of the working waterfront plan under this 


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1 subsection a mechanism or procedure to ensure 

2 that the qualified holders are complying their 

3 duties to enforce the working waterfront cov4 enant. 

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

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

7 this section shall be subject to such terms and condi8 tions as may be appropriate to ensure that the grant 

9 is used for purposes consistent with this section. 

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

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

12 an interest in a working waterfront; or 

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

14 waterfront, including the construction or repair 

15 of wharfs, boat ramps, or related facilities. 

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

17 waterfront project funded by grants made under this sec18 tion must provide for expansion or improvement of reason19 able and appropriate public access to coastal waters at or 

20 in the vicinity of a working waterfront, except for commer21 cial fishing or other industrial access points where the 

22 coastal state determines that public access would be un23 safe. 

24 ‘‘(g) LIMITATIONS.— 


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

2 grant awarded under this section may be used to 

3 purchase working waterfront or an interest in work4 ing waterfront, including an easement, only from a 

5 willing seller and at fair market value. 

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

7 be used to acquire working waterfront or an interest 

8 in 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 ex13 ercise the power of eminent domain to secure title to 

14 any property or facilities in connection with a 

15 project carried out under this section. 

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

18 ‘‘(1) The Secretary shall encourage coastal 

19 states to broadly allocate amounts received as grants 

20 under this section among working waterfronts iden21 tified in working waterfront plans approved under 

22 subsection (d). 

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

24 a 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 nongovernment 

2 organization, if the coastal state is ultimately re3 sponsible for ensuring that the property will be man4 aged in a manner that is consistent with the pur5 poses for 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, 

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

10 grant made under this section for the purpose of 

11 carrying out this section, except that such an alloca12 tion shall not relieve the coastal state of the respon13 sibility for ensuring that any funds so allocated are 

14 applied in furtherance of the coastal state’s approved 

15 working 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 ‘‘(i) MATCHING CONTRIBUTIONS.— 


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

2 Secretary shall require that each coastal state that 

3 receives a grant under this section, or a qualified 

4 holder designated by that coastal state under sub5 section (h), shall provide matching funds in an 

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

7 of the project carried out with the grant. 

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

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

10 underserved community, a community that has an 

11 inability to draw on other sources of funding because 

12 of the small population or low income of the commu13 nity, or for other reasons the Secretary considers ap14 propriate. 

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

17 other in-kind contributions donated by a nongovern18 mental partner to satisfy the matching funds re19 quirement under this subsection. 

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

21 this section, the Secretary shall require that a coast22 al state provide to the Secretary such assurances as 

23 the Secretary determines are sufficient to dem24 onstrate that the share of the cost of each eligible 


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1 project that is not funded by the grant awarded 

2 under this section has been secured. 

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

4 represents only a portion of the total cost of a 

5 project, funding from other Federal sources may be 

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

7 be subject to match requirements under the applica8 ble provision 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 

13 qualified holder, if the working waterfront or inter14 est is identified in the application for the grant and 

15 acquired by the qualified holder within 3 years of 

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

17 submission of the application and before the end of 

18 the grant award period. Such value shall be deter19 mined by an appraisal performed at such time before 

20 the award of the grant as the Secretary considers 

21 appropriate. 

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

23 match the costs associated with acquisition of a 

24 working waterfront or an interest in a working wa25 terfront, and the costs of restoration, enhancement, 


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1 or other improvement to a working waterfront, if the 

2 activities are identified in the project application and 

3 the costs are incurred within the period of the grant 

4 award, or, for working waterfront described in para5 graph (6), within the same time limits described in 

6 that paragraph. These costs may include either cash 

7 or in-kind contributions. 

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

9 than 5 percent of the funds made available to the Sec10 retary under this section may be used by the Secretary 

11 for planning or administration of the program under this 

12 section. 

13 ‘‘(k) OTHER TECHNICAL AND FINANCIAL ASSIST14 ANCE.— 

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

16 under this section may be used by the Secretary for 

17 purposes of providing technical assistance as de18 scribed in this subsection. 

19 ‘‘(2) The Secretary shall— 

20 ‘‘(A) provide technical assistance to coastal 

21 states and local governments in identifying and 

22 obtaining other sources of available Federal 

23 technical and financial assistance for the devel24 opment and revision of a working waterfront 


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1 plan and the implementation of an approved 

2 working waterfront plan; 

3 ‘‘(B) provide technical assistance to States 

4 and local governments for the development, im5 plementation, and revision of comprehensive 

6 working waterfront plans, which may include, 

7 subject to the availability of appropriations, 

8 planning grants and assistance, pilot projects, 

9 feasibility studies, and other projects necessary 

10 to further the purposes of this section; 

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

12 to protect working waterfronts; and 

13 ‘‘(D) collect and disseminate to States 

14 guidance for best storm water management 

15 practices in regards to working waterfronts. 

16 ‘‘(l) REPORTS.— 

17 ‘‘(1) The Secretary shall— 

18 ‘‘(A) develop performance measures to 

19 evaluate and report on the effectiveness of the 

20 program under this section in accomplishing the 

21 purpose of this section; and 

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

23 that includes such evaluations, an account of all 

24 expenditures, and descriptions of all projects 


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1 carried out using grants awarded under this 

2 section. 

3 ‘‘(2) The Secretary may submit the biennial re4 port under paragraph (1)(B) by including it in the 

5 biennial report required under section 316. 

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

7 ‘‘(1) The term ‘qualified holder’ means a coast8 al state or a unit of local or coastal state govern9 ment or a non-State organization designated by a 

10 coastal state under subsection (h). 

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

12 acting through the National Oceanic and Atmos13 pheric Administration. 

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

15 property (including support structures over water 

16 and other facilities) that provides access to coastal 

17 waters to persons engaged in commercial fishing, 

18 recreational fishing businesses, boatbuilding, aqua19 culture, or other water-dependent, coastal-related 

20 business and is used for, or that supports, commer21 cial fishing, recreational fishing businesses, boat22 building, aquaculture, or other water-dependent, 

23 coastal-related business. 

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

25 means an agreement in recordable form between the 


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1 owner of working waterfront and one or more quali2 fied holders, that provides such assurances as the 

3 Secretary may require that— 

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

5 waterfront will be held by a grant recipient or 

6 qualified holder in perpetuity, except as pro7 vided in subparagraph (C); 

8 ‘‘(B) the working waterfront will be man9 aged in a manner that is consistent with the 

10 purposes for which the property is acquired 

11 pursuant to this section, and the property will 

12 not be converted to any use that is inconsistent 

13 with the purpose of this section; 

14 ‘‘(C) if the title to or interest in the work15 ing waterfront is sold or otherwise exchanged— 

16 ‘‘(i) all working waterfront owners 

17 and qualified holders involved in such sale 

18 or exchange shall accede to such agree19 ment; and 

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

21 value of the working waterfront or interest 

22 in working waterfront shall be paid to the 

23 Secretary by parties to the sale or ex24 change, and such funds shall, at the dis25 cretion of the Secretary, be paid to the 


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1 coastal state in which the working water2 front is located for use in the implementa3 tion of the working waterfront plan of the 

4 State approved by the Secretary under this 

5 section; and 

6 ‘‘(D) such covenant is subject to enforce7 ment and oversight by the coastal state or by 

8 another person as determined appropriate by 

9 the Secretary.’’. 

Æ 


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