I 

117TH CONGRESS 

1ST SESSION H. R. 3160 

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 12, 2021 

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

LURIA, Mr. CARBAJAL, Mr. PALLONE, 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) WORKING WATERFRONT TASK FORCE.— 

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

4 Secretary of Commerce shall establish a task force 

5 to work directly with coastal States, user groups, 

6 and coastal stakeholders to identify and address crit7 ical needs with respect to working waterfronts. 

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

9 force shall be appointed by the Secretary of Com10 merce, and shall include— 

11 ‘‘(A) experts in the unique economic, so12 cial, cultural, ecological, geographic, and re13 source concerns of working waterfronts; and 

14 ‘‘(B) representatives from the National 

15 Oceanic and Atmospheric Administration’s Of16 fice of Coastal Management, the United States 

17 Fish and Wildlife Service, the Department of 

18 Agriculture, the Environmental Protection 

19 Agency, the United States Geological Survey, 

20 the Navy, the National Marine Fisheries Serv21 ice, the Economic Development Agency, and 

22 such other Federal agencies as the Secretary 

23 considers appropriate. 

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

25 ‘‘(A) identify and prioritize critical needs 

26 with respect to working waterfronts in States 


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1 that have a management program approved by 

2 the Secretary of Commerce pursuant to section 

3 306, in the areas of— 

4 ‘‘(i) economic and cultural importance 

5 of working waterfronts to communities; 

6 ‘‘(ii) changing environments and 

7 threats working waterfronts face from en8 vironment changes, trade barriers, sea level 

9 rise, extreme weather events, ocean acidifi10 cation, and harmful algal blooms; and 

11 ‘‘(iii) identifying working waterfronts 

12 and highlighting them within communities; 

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

14 coastal States and local stakeholders, to address 

15 such critical needs, including adaptation and 

16 mitigation where applicable; 

17 ‘‘(C) identify Federal agencies that are re18 sponsible under existing law for addressing such 

19 critical needs; and 

20 ‘‘(D) recommend Federal agencies best 

21 suited to address any critical needs for which 

22 no agency is responsible under existing law. 

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

24 identifying and prioritizing policy gaps pursuant to 

25 paragraph (3), the task force shall consider the findVerDate Sep 11 2014 02:22 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3160.IH H3160

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1 ings and recommendations contained in section VI of 

2 the report entitled ‘The Sustainable Working Water3 fronts Toolkit: Final Report’, dated March 2013. 

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

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

6 force shall submit a report to Congress on its find7 ings. 

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

9 Federal agency identified in the report pursuant to 

10 paragraph (3)(C) shall take such action as is nec11 essary to implement the recommendations contained 

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

13 of the issuance of the report. 

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

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

16 Waterfront Grant Program, in cooperation with ap17 propriate State, regional, and other units of govern18 ment, under which the Secretary may make a grant 

19 to any coastal State for the purpose of implementing 

20 a working waterfront plan approved by the Secretary 

21 under subsection (c). 

22 ‘‘(2) Subject to the availability of appropria23 tions, the Secretary shall award matching grants 

24 under the Working Waterfronts Grant Program to 

25 coastal States with approved working waterfront 


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1 plans through a regionally equitable, competitive 

2 funding process in accordance with the following: 

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

4 designated by the Governor for coordinating the 

5 implementation of this section, where appro6 priate in consultation with the appropriate local 

7 government, shall determine that the applica8 tion is consistent with the State’s or territory’s 

9 approved coastal zone plan, program, and poli10 cies prior to submission to the Secretary. 

11 ‘‘(B) In developing guidelines under this 

12 section, the Secretary shall consult with coastal 

13 States, other Federal agencies, and other inter14 ested stakeholders with expertise in working 

15 waterfront planning. 

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

17 local governments, Indian Tribes, agencies, or 

18 nongovernmental organizations eligible for as19 sistance under this section. 

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

21 Secretary shall consider— 

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

23 significance of working waterfront to the coast24 al State; 


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1 ‘‘(B) the demonstrated working waterfront 

2 needs of the coastal State as outlined by a 

3 working waterfront plan approved for the coast4 al State under subsection (c), and the value of 

5 the proposed project for the implementation of 

6 such plan; 

7 ‘‘(C) the ability to successfully leverage 

8 funds among participating entities, including 

9 Federal programs, regional organizations, State 

10 and other government units, landowners, cor11 porations, or private organizations; 

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

13 the ownership of working waterfront in the 

14 coastal State, and where applicable the need for 

15 coastal States to respond quickly when prop16 erties in existing or potential working water17 front areas or public access areas as identified 

18 in the working waterfront plan submitted by 

19 the coastal State come under threat or become 

20 available; and 

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

22 plan approved for the coastal State under sub23 section (c) on the coastal ecosystem and the 

24 users of the coastal ecosystem. 


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

2 application for such a grant within 60 days after re3 ceiving an application for the grant. 

4 ‘‘(c) WORKING WATERFRONT PLANS.— 

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

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

7 by the Secretary a comprehensive working water8 front plan in accordance with this subsection, or be 

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

10 established working waterfront program at the State 

11 or local level, or the Secretary determines that an 

12 existing coastal land use plan for that State is in ac13 cordance with this subsection. 

14 ‘‘(2) Such plan— 

15 ‘‘(A) must provide for preservation and ex16 pansion of access to coastal waters to persons 

17 engaged in commercial fishing, recreational 

18 fishing and boating businesses, aquaculture, 

19 boatbuilding, or other water-dependent, coastal20 related business; 

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

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

23 social, cultural, and historic value of work24 ing waterfront to the coastal State; 


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1 ‘‘(ii) a description of relevant State 

2 and local laws and regulations affecting 

3 working waterfront in the geographic areas 

4 identified in the working waterfront plan; 

5 ‘‘(iii) identification of geographic 

6 areas where working waterfronts are cur7 rently under threat of conversion to uses 

8 incompatible with commercial and rec9 reational fishing, recreational fishing and 

10 boating businesses, aquaculture, 

11 boatbuilding, or other water-dependent, 

12 coastal-related business, and the level of 

13 that threat; 

14 ‘‘(iv) identification of geographic areas 

15 with a historic connection to working wa16 terfronts where working waterfronts are 

17 not currently available, and, where appro18 priate, an assessment of the environmental 

19 impacts of any expansion or new develop20 ment of working waterfronts on the coastal 

21 ecosystem; 

22 ‘‘(v) identification of other working 

23 waterfront needs including improvements 

24 to existing working waterfronts and work25 ing waterfront areas; 


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1 ‘‘(vi) a strategic and prioritized plan 

2 for the preservation, expansion, and im3 provement of working waterfronts in the 

4 coastal State; 

5 ‘‘(vii) for areas identified under 

6 clauses (iii), (iv), (v), and (vi), identifica7 tion of current availability and potential 

8 for expansion of public access to coastal 

9 waters; 

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

11 community support for such strategic plan; 

12 and 

13 ‘‘(ix) a contingency plan for properties 

14 that revert to the coastal State pursuant to 

15 determinations made by the coastal State 

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

17 ‘‘(C) may include detailed environmental 

18 impacts on working waterfronts, including haz19 ards, sea level rise, inundation exposure, and 

20 other resiliency issues; 

21 ‘‘(D) may be part of the management pro22 gram approved under section 306; 

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

24 practicable existing information contained in 

25 relevant surveys, plans, or other strategies to 


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1 fulfill the information requirements under this 

2 paragraph; and 

3 ‘‘(F) shall incorporate the policies and reg4 ulations adopted by communities under local 

5 working waterfront plans or strategies in exist6 ence before the date of the enactment of this 

7 section. 

8 ‘‘(3) A working waterfront plan— 

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

10 section for the 5-year period beginning on the 

11 date it is approved by the Secretary; 

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

13 the Secretary before the end of such period; and 

14 ‘‘(C) shall be complimentary to and incor15 porate the policies and objectives of regional or 

16 local working waterfront plans as in effect be17 fore the date of enactment of this section or as 

18 subsequently revised. 

19 ‘‘(4) The Secretary may— 

20 ‘‘(A) award planning grants to coastal 

21 States for the purpose of developing or revising 

22 comprehensive working waterfront plans; and 

23 ‘‘(B) award grants consistent with the pur24 poses of this section to States undertaking the 

25 working waterfront planning process under this 


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1 section, for the purpose of preserving and pro2 tecting working waterfronts during such proc3 ess. 

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

5 waterfront grant under this title shall— 

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

7 using a process that involves the public and 

8 those with an interest in the coastal zone; 

9 ‘‘(B) coordinate development and imple10 mentation of such a plan with other coastal 

11 management programs, regulations, and activi12 ties of the coastal State; and 

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

14 holders (other than the coastal State) to enter 

15 into working waterfront covenants, provide as 

16 part of the working waterfront plan under this 

17 subsection a mechanism or procedure to ensure 

18 that the qualified holders are complying their 

19 duties to enforce the working waterfront cov20 enant. 

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

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

23 this section shall be subject to such terms and condi24 tions as may be appropriate to ensure that the grant 

25 is used for purposes consistent with this section. 


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

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

3 an interest in a working waterfront; 

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

5 waterfront, including the construction or repair 

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

7 ‘‘(C) for necessary climate adaptation miti8 gation. 

9 ‘‘(e) PUBLIC ACCESS REQUIREMENT.—A working 

10 waterfront project funded by grants made under this sec11 tion must provide for expansion, improvement, or preser12 vation of reasonable and appropriate public access to 

13 coastal waters at or in the vicinity of a working water14 front, except for commercial fishing or other industrial ac15 cess points where the coastal State determines that public 

16 access would be unsafe. 

17 ‘‘(f) LIMITATIONS.— 

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

19 grant awarded under this section may be used to 

20 purchase working waterfront or an interest in work21 ing waterfront, including an easement, only from a 

22 willing seller and at fair market value. 

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

24 be used to acquire working waterfront or an interest 

25 in working waterfront at less than fair market value 


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1 only if the owner certifies to the Secretary that the 

2 sale is being entered into willingly and without coer3 cion. 

4 ‘‘(3) No Federal, State, or local entity may ex5 ercise the power of eminent domain to secure title to 

6 any property or facilities in connection with a 

7 project carried out under this section. 

8 ‘‘(g) ALLOCATION OF GRANTS TO LOCAL GOVERN9 MENTS AND OTHER ENTITIES.— 

10 ‘‘(1) The Secretary shall encourage coastal 

11 States to broadly allocate amounts received as 

12 grants under this section among working water13 fronts identified in working waterfront plans ap14 proved under subsection (c). 

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

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

17 waterfront plan, designate as a qualified holder any 

18 unit of State or local government or nongovern19 mental organization, if the coastal State is ulti20 mately responsible for ensuring that the property 

21 will be managed in a manner that is consistent with 

22 the purposes for which the land entered into the pro23 gram. 

24 ‘‘(3) A coastal State or a qualified holder des25 ignated by a coastal State may allocate to a unit of 


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1 local government, nongovernmental organization, 

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

3 grant made under this section for the purpose of 

4 carrying out this section, except that such an alloca5 tion shall not relieve the coastal State of the respon6 sibility for ensuring that any funds so allocated are 

7 applied in furtherance of the coastal State’s ap8 proved working waterfront plan. 

9 ‘‘(4) A qualified holder may hold title to or in10 terest in property acquired under this section, except 

11 that— 

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

13 in working waterfront affected by a grant under 

14 this section, including a qualified holder, private 

15 citizen, private business, nonprofit organization, 

16 fishing cooperative, or other entity, shall enter 

17 into a working waterfront covenant; 

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

19 coastal State or a qualified holder designated 

20 under paragraph (2); 

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

22 the record after an opportunity for a hearing, 

23 that the working waterfront covenant has been 

24 violated— 


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

2 to the working waterfront covered by such 

3 covenant shall, except as provided in sub4 paragraph (D), revert to the coastal State; 

5 and 

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

7 right of immediate entry onto the working 

8 waterfront; 

9 ‘‘(D) if a coastal State makes a determina10 tion under subparagraph (C), the coastal State 

11 may convey or authorize the qualified holder to 

12 convey the working waterfront or interest in 

13 working waterfront to another qualified holder; 

14 and 

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

16 legal requirement under any Federal or State 

17 law. 

18 ‘‘(h) MATCHING CONTRIBUTIONS.— 

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

20 Secretary shall require that each coastal State that 

21 receives a grant under this section, or a qualified 

22 holder designated by that coastal State under sub23 section (g), shall provide matching funds in an 

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

25 of the project carried out with the grant. 


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

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

3 underserved community, a community that has an 

4 inability to draw on other sources of funding because 

5 of the small population or low income of the commu6 nity, or for other reasons the Secretary considers ap7 propriate. 

8 ‘‘(3) A local community designated as a quali9 fied holder under subsection (g) may utilize funds or 

10 other in-kind contributions donated by a nongovern11 mental partner to satisfy the matching funds re12 quirement under this subsection. 

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

14 this section, the Secretary shall require that a coast15 al State provide to the Secretary such assurances as 

16 the Secretary determines are sufficient to dem17 onstrate that the share of the cost of each eligible 

18 project that is not funded by the grant awarded 

19 under this section has been secured. 

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

21 represents only a portion of the total cost of a 

22 project, funding from other Federal sources may be 

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

24 be subject to match requirements under the applica25 ble provision of law. 


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

2 match the value of a working waterfront or interest 

3 in a working waterfront, including conservation and 

4 other easements, that is held in perpetuity by a 

5 qualified holder, if the working waterfront or inter6 est is identified in the application for the grant and 

7 acquired by the qualified holder within 3 years of 

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

9 submission of the application and before the end of 

10 the grant award period. Such value shall be deter11 mined by an appraisal performed at such time before 

12 the award of the grant as the Secretary considers 

13 appropriate. 

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

15 match the costs associated with acquisition of a 

16 working waterfront or an interest in a working wa17 terfront, and the costs of restoration, enhancement, 

18 or other improvement to a working waterfront, if the 

19 activities are identified in the project application and 

20 the costs are incurred within the period of the grant 

21 award, or, for working waterfront described in para22 graph (6), within the same time limits described in 

23 that paragraph. These costs may include either cash 

24 or in-kind contributions. 


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

2 than 5 percent of the funds made available to the Sec3 retary under this section may be used by the Secretary 

4 for planning or administration of the program under this 

5 section. 

6 ‘‘(j) OTHER TECHNICAL AND FINANCIAL ASSIST7 ANCE.— 

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

9 under this section may be used by the Secretary for 

10 purposes of providing technical assistance as de11 scribed in this subsection. 

12 ‘‘(2) The Secretary shall— 

13 ‘‘(A) provide technical assistance to coastal 

14 States and local governments in identifying and 

15 obtaining other sources of available Federal 

16 technical and financial assistance for the devel17 opment and revision of a working waterfront 

18 plan and the implementation of an approved 

19 working waterfront plan; 

20 ‘‘(B) provide technical assistance to States 

21 and local governments for the development, im22 plementation, and revision of comprehensive 

23 working waterfront plans, which may include, 

24 subject to the availability of appropriations, 

25 planning grants and assistance, pilot projects, 


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1 feasibility studies, research, and other projects 

2 necessary to further the purposes of this sec3 tion; 

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

5 to protect working waterfronts; 

6 ‘‘(D) collect and disseminate to States 

7 guidance for best storm water management 

8 practices in regards to working waterfronts; 

9 ‘‘(E) provide technical assistance to States 

10 and local governments on integrating resilience 

11 planning into working waterfront preservation 

12 efforts; and 

13 ‘‘(F) collect and disseminate best practices 

14 on working waterfronts and resilience planning. 

15 ‘‘(k) REPORTS.— 

16 ‘‘(1) The Secretary shall— 

17 ‘‘(A) develop performance measures to 

18 evaluate and report on the effectiveness of the 

19 program under this section in accomplishing the 

20 purpose of this section; and 

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

22 that includes such evaluations, an account of all 

23 expenditures, and descriptions of all projects 

24 carried out using grants awarded under this 

25 section. 


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1 ‘‘(2) The Secretary may submit the biennial re2 port under paragraph (1)(B) by including it in the 

3 biennial report required under section 316. 

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

5 ‘‘(1) The term ‘qualified holder’ means a coast6 al State or a unit of local or coastal State govern7 ment or a non-State organization designated by a 

8 coastal State under subsection (g). 

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

10 acting through the National Oceanic and Atmos11 pheric Administration. 

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

13 property (including support structures over water 

14 and other facilities) that provides access to coastal 

15 waters to persons engaged in commercial and rec16 reational fishing, recreational fishing and boating 

17 businesses, boatbuilding, aquaculture, or other 

18 water-dependent, coastal-related business and is 

19 used for, or that supports, commercial and rec20 reational fishing, recreational fishing and boating 

21 businesses, boatbuilding, aquaculture, or other 

22 water-dependent, coastal-related business. 

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

24 means an agreement in recordable form between the 

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1 fied holders, that provides such assurances as the 

2 Secretary may require that— 

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

4 waterfront will be held by a grant recipient or 

5 qualified holder in perpetuity, except as pro6 vided in subparagraph (C); 

7 ‘‘(B) the working waterfront will be man8 aged in a manner that is consistent with the 

9 purposes for which the property is acquired 

10 pursuant to this section, and the property will 

11 not be converted to any use that is inconsistent 

12 with the purpose of this section; 

13 ‘‘(C) if the title to or interest in the work14 ing waterfront is sold or otherwise exchanged— 

15 ‘‘(i) all working waterfront owners 

16 and qualified holders involved in such sale 

17 or exchange shall accede to such agree18 ment; and 

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

20 value of the working waterfront or interest 

21 in working waterfront shall be paid to the 

22 Secretary by parties to the sale or ex23 change, and such funds shall, at the dis24 cretion of the Secretary, be paid to the 

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1 front is located for use in the implementa2 tion of the working waterfront plan of the 

3 State approved by the Secretary under this 

4 section; and 

5 ‘‘(D) such covenant is subject to enforce6 ment and oversight by the coastal State or by 

7 another person as determined appropriate by 

8 the Secretary. 

9 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to the Grant Program 

11 $15,000,000.’’. 

12 SEC. 3. WORKING WATERFRONTS PRESERVATION FUND; 

13 GRANTS. 

14 The Coastal Zone Management Act of 1972 (16 

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

16 end the following: 

17 ‘‘SEC. 321. WORKING WATERFRONTS PRESERVATION LOAN 

18 FUND. 

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

20 separate account that shall be known as the ‘Working Wa21 terfronts Preservation Loan Fund’ (in this section re22 ferred to as the ‘Fund’). 

23 ‘‘(b) USE.— 

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1 retary to make loans to coastal States for the pur2 pose of implementing a working waterfront plan ap3 proved by the Secretary under section 320(c) 

4 through preservation, improvement, restoration, re5 habilitation, acquisition of working waterfront prop6 erties under criteria established by the Secretary. 

7 ‘‘(2) Upon enactment of this section, the Sec8 retary of Commerce shall conduct a feasibility study 

9 on the administration of the development and man10 agement of a Working Waterfronts Preservation 

11 Loan Fund. 

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

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

14 in accordance with the results of that study, and es15 tablish such criteria as referenced in subsection (c) 

16 in consultation with States that have a management 

17 program approved by the Secretary of Commerce 

18 pursuant to section 306 and local government coast19 al management programs. 

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

21 loans under this section through a regionally equitable, 

22 competitive funding process, and in accordance with the 

23 following: 

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1 mentation of this section, where appropriate in con2 sultation with the appropriate local government, 

3 shall determine that an application for a loan is con4 sistent with the State’s approved coastal zone plan, 

5 program, and policies prior to submission to the Sec6 retary. 

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

8 the Secretary shall consult with coastal States, other 

9 Federal agencies, and other interested stakeholders 

10 with expertise in working waterfront planning. 

11 ‘‘(3) Coastal States may allocate amounts 

12 loaned under this section to local governments, In13 dian Tribes, agencies, or nongovernmental organiza14 tions eligible for loans under this section. 

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

16 coastal State, the Secretary shall consider— 

17 ‘‘(A) the economic and cultural significance 

18 of working waterfront to the coastal State; 

19 ‘‘(B) the demonstrated working waterfront 

20 needs of the coastal State as outlined by a 

21 working waterfront plan approved for the coast22 al State under section 320(c), and the value of 

23 the proposed loan for the implementation of 

24 such plan; 


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1 ‘‘(C) the ability to successfully leverage 

2 loan funds among participating entities, includ3 ing Federal programs, regional organizations, 

4 State and other government units, landowners, 

5 corporations, or private organizations; 

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

7 the ownership of working waterfront in the 

8 coastal State, and where applicable the need for 

9 coastal States to respond quickly when prop10 erties in existing or potential working water11 front areas or public access areas as identified 

12 in the working waterfront plan submitted by 

13 the coastal State come under threat or become 

14 available; 

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

16 ecosystem and the users of the coastal eco17 system; and 

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

19 between working waterfronts for which the loan 

20 will be used and the local communities within 

21 the coastal State. 

22 ‘‘(d) LOAN AMOUNT AND TERMS.— 

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

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


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26 

•HR 3160 IH

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 

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

10 section within 60 days after receiving an application for 

11 the loan. 

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

13 than 5 percent of the funds made available to the Sec14 retary under this section may be used by the Secretary 

15 for planning or administration of the program under this 

16 section. 

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

18 shall apply to this section. 

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

20 is authorized to be appropriated to the Fund 

21 $15,000,000.’’. 

Æ 


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