Waterfront Community Revitalization and Resiliency Act of 2015

To require the Secretary of Commerce to undertake certain activities to support waterfront community revitalization and resiliency. 1. Short title This Act may be cited as the Waterfront Community Revitalization and Resiliency Act of 2015 2. Findings Congress finds that— (1) many communities in the United States were developed along waterfronts; (2) water proximity and access is a recognized economic driver; (3) water shortages faced by parts of the United States underscore the need to manage water sustainably and restore water quality; (4) interest in waterfront revitalization and development has grown, while the circumstances driving waterfront development have changed; (5) waterfront communities face challenges to revitalizing and leveraging water resources, such as outdated development patterns, deteriorated water infrastructure, industrial contamination of soil and sediment, and lack of public access to the waterfront, which are often compounded by overarching economic distress in the community; (6) public investment in waterfront community development and infrastructure should reflect changing ecosystem conditions and extreme weather projections to ensure strategic, resilient investments; (7) individual communities have unique priorities, concerns, and opportunities related to waterfront restoration and community revitalization; and (8) the Secretary of Commerce has unique expertise in Great Lakes and ocean coastal resiliency and economic development. 3. Definitions In this Act: (1) Resilient waterfront community The term resilient waterfront community (A) (i) bound in part by— (I) the Great Lakes; or (II) the ocean; or (ii) bordered or traversed by a riverfront or an inland lake; (B) self-nominated as a resilient waterfront community; and (C) designated by the Secretary as a resilient waterfront community on the basis of the development by the community of an eligible resilient waterfront community plan, with eligibility determined by the Secretary after considering the requirements of subsections (b) and (c) of section 4. (2) Secretary The term Secretary 4. Resilient waterfront communities designation (a) Designation (1) In general Subject to paragraph (2), the Secretary shall designate resilient waterfront communities based on the extent to which a community meets the criteria described in subsection (b). (2) Collaboration For inland lake and riverfront communities, in making the designation described in paragraph (1) and promulgating criteria and best practices, the Secretary shall work with the Administrator of the Environmental Protection Agency and the heads of other Federal agencies, as the Secretary determines to be necessary to provide comparable services to waterfront communities not located on Great Lakes or ocean coasts. (b) Resilient waterfront community plan A resilient waterfront community plan is a community-driven vision and plan that is developed— (1) voluntarily at the discretion of the community— (A) to respond to local needs; or (B) to take advantage of new water-oriented opportunities; (2) with the leadership of the relevant governmental entity or Indian tribe with the active participation of— (A) community residents; (B) utilities; and (C) interested business and nongovernmental stakeholders; (3) as a new document or by amending or compiling community planning documents, as necessary, at the discretion of the Secretary; (4) in consideration of with all applicable State and Federal coastal zone management planning requirements; (5) to address economic competitive strengths; and (6) to complement and incorporate the objectives and recommendations of applicable regional economic plans. (c) Components of a resilient waterfront community plan A resilient waterfront community plan shall— (1) consider all, or a portion of, the waterfront area and adjacent land and water to which the waterfront is connected ecologically, economically, or through local governmental or tribal boundaries; and (2) describe a vision and plan for the community to develop as a vital and resilient waterfront community, integrating consideration of— (A) the economic opportunities resulting from water proximity and access, including— (i) water-dependent industries; (ii) water-oriented commerce; and (iii) recreation and tourism; (B) the community relationship to the water, including— (i) quality of life; (ii) public health; (iii) community heritage; and (iv) public access, particularly in areas in which publicly funded ecosystem restoration is underway; (C) ecosystem challenges and projections, including unresolved and emerging impacts to the health and safety of the waterfront and projections for extreme weather and water conditions; (D) infrastructure needs and opportunities, to facilitate strategic and sustainable capital investments in— (i) docks, piers, and harbor facilities; (ii) protection against storm surges, waves, and flooding; (iii) stormwater, sanitary sewer, and drinking water systems, including green infrastructure and opportunities to control nonpoint source runoff; and (iv) other community facilities and private development; and (E) such other factors as are determined by the Secretary to align with metrics or indicators for resiliency, considering environmental and economic changes. (d) Duration After the designation of a community as a resilient waterfront community under subsection (a), a resilient waterfront community plan developed in accordance with subsections (b) and (c) shall be— (1) effective for the 10-year period beginning on the date on which the Secretary approves the resilient waterfront community plan; and (2) updated by the resilient waterfront community and submitted to the Secretary for the approval of the Secretary before the expiration of the 10-year period. 5. Resilient waterfront communities network (a) In general The Secretary shall develop a resilient waterfront communities network to facilitate the sharing of best practices and technical assistance among waterfront communities. (b) Public recognition In consultation with designated resilient waterfront communities, the Secretary shall provide formal public recognition of the designated resilient waterfront communities to promote tourism, investment, or other benefits. 6. Waterfront community revitalization grant program (a) In general The Secretary shall establish within the Department of Commerce a program under which the Secretary shall provide planning and implementation grants that leverage other sources of public and private investment to assist with the following eligible activities: (1) The development of resilient waterfront community plans, including such costs as planning and feasibility analysis. (2) Implementation of strategic components of a resilient waterfront community plan, once a plan has been approved by the Secretary. (b) Eligible applicants (1) Lead applicants A unit of local government or an Indian tribe shall be eligible to apply as a lead applicant for a grant under subsection (a) if the unit of local government or Indian tribe is— (A) bound in part by— (i) the Great Lakes; or (ii) the ocean; or (B) bordered or traversed by a riverfront or an inland lake. (2) Subawards Subject to subsection (d)(3), a lead applicant may provide a subaward to an eligible subawardee for implementation activities described in subsection (d)(2). (c) Use of planning funds (1) In general Planning funds received through a grant under subsection (a) shall be used to develop a resilient waterfront community plan. (2) Eligible planning activities In developing a resilient waterfront community plan using amounts made available under subsection (a), a resilient waterfront community may— (A) conduct community visioning and outreach; (B) identify challenges and opportunities; (C) develop strategies and solutions; (D) prepare plan materials, including text, maps, design, and preliminary engineering; (E) collaborate across local agencies and work with regional, State, and Federal agencies to identify, understand, and develop responses to changing ecosystem and economic circumstances; and (F) conduct other planning activities that the Secretary considers necessary for the development of a resilient waterfront community plan that responds to revitalization and resiliency issues confronted by the resilient waterfront community. (d) Use of implementation funds (1) In general Implementation funds received through a grant under subsection (a)— (A) shall be used to initiate implementation of a resilient waterfront community plan and facilitate high-quality development, including leveraging local and private sector investment; and (B) may be used on 1 or more eligible activities to address strategic community priorities that are identified in the resilient waterfront community plan. (2) Eligible implementation activities Grant funds may be used flexibly across 1 or more eligible implementation costs, such as— (A) site preparation; (B) environmental review; (C) engineering and design; (D) acquiring easements or land for uses such as green infrastructure, public amenities, or assembling development sites; (E) updates to zoning codes; (F) construction of— (i) public waterfront or boating amenities; and (ii) public spaces; (G) infrastructure upgrades to improve coastal resiliency; (H) economic and community development marketing and outreach; and (I) other activities at the discretion of the Secretary. (3) Implementation subawards (A) In general To assist in implementing eligible implementation activities, a lead applicant may grant subawards from implementation funds to eligible subawardees, including— (i) a nonprofit organization; (ii) a public utility; (iii) a private entity; (iv) an institution of higher education; (v) a State government; or (vi) a regional organization. (B) Lead applicant responsibility The lead applicant shall ensure that grant funds, including funds awarded as a subaward, are used for the purposes of, and in a manner consistent with, the waterfront community revitalization grant program. (e) Specifications on use of grant funds (1) In general A grant made under this section shall be not less than $50,000 or more than $1,000,000. (2) Limitations on use In accordance with the grant agreement, a resilient waterfront community shall spend no more than $200,000 of any grant awarded under this section on planning activities, with remaining grant award balances reserved for implementation activities after the approval of the Secretary of an approved resilient waterfront community plan. (3) Matching funds (A) In general A resilient waterfront community receiving a grant under this section shall provide non-Federal matching funds toward completion of an eligible project in an amount equal to not less than 25 percent of the grant amount. (B) Non-Federal match Non-Federal matching funds may be provided by— (i) 1 or more units of local or tribal government; (ii) a State government; (iii) a nonprofit organization; (iv) a private entity; (v) a foundation; (vi) a public utility; or (vii) a regional organization. (C) In-kind match The Secretary shall treat as non-Federal matching funds the value of in-kind contributions of land or easements held in perpetuity by the resilient waterfront community. (4) Funding periods In establishing obligation and expenditure periods for grants under this section, the Secretary shall provide grant periods that enable funds to be used strategically to match private or public sector investments in planning and implementation. 7. Interagency awareness (a) Interagency awareness At regular intervals, the Secretary shall provide a list of resilient waterfront communities to the applicable States and the heads of national and regional offices of interested Federal agencies, including at a minimum— (1) the Secretary of Transportation; (2) the Secretary of Agriculture; (3) the Administrator of the Environmental Protection Agency; (4) the Administrator of the Federal Emergency Management Agency; (5) the Assistant Secretary of the Army for Civil Works; (6) the Secretary of the Interior; and (7) the Secretary of Housing and Urban Development. (b) Interagency Coordination To encourage consideration of opportunities for synergistic projects and timelines, the Secretary shall coordinate awareness of designated resilient waterfront communities among managers of relevant Federal grant and loan programs that fund projects or infrastructure that are addressed in a resilient waterfront community plan. 8. Preferential grant status for Federal funding (a) Department of Commerce grant and loan programs The Secretary shall provide to designated resilient waterfront communities preferential status in select grant and loan programs of the Department of Commerce, including— (1) the National Oceanic and Atmospheric Administration; (2) the Economic Development Administration; and (3) other relevant entities under the authority of the Secretary. (b) Other grant and loan programs Considering the integration in resilient waterfront community plans of myriad components and project types traditionally funded through separate agencies and departments and the opportunity that resilient waterfront communities present for resilient long-term investment, the heads of other interested Federal agencies and departments, including the agency heads described in section 7(a), are encouraged to provide designated resilient waterfront communities with preferential status in grant and loan programs. 9. Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this Act $50,000,000 for each of fiscal years 2016 through 2020, to remain available until expended. 1. Short title This Act may be cited as the Waterfront Community Revitalization and Resiliency Act of 2015 2. Findings Congress finds that— (1) many communities in the United States were developed along waterfronts; (2) water proximity and access is a recognized economic driver; (3) water shortages faced by parts of the United States underscore the need to manage water sustainably and restore water quality; (4) interest in waterfront revitalization and development has grown, while the circumstances driving waterfront development have changed; (5) waterfront communities face challenges to revitalizing and leveraging water resources, such as outdated development patterns, deteriorated water infrastructure, industrial contamination of soil and sediment, and lack of public access to the waterfront, which are often compounded by overarching economic distress in the community; (6) public investment in waterfront community development and infrastructure should reflect changing ecosystem conditions and extreme weather projections to ensure strategic, resilient investments; (7) individual communities have unique priorities, concerns, and opportunities related to waterfront restoration and community revitalization; and (8) the Secretary of Commerce has unique expertise in Great Lakes and ocean coastal resiliency and economic development. 3. Definitions In this Act: (1) Indian tribe The term Indian tribe Indian Self-Determination and Education Assistance Act 25 U.S.C. 450b (2) Resilient waterfront community The term resilient waterfront community (A) (i) bound in part by— (I) the Great Lakes; or (II) the ocean; or (ii) bordered or traversed by a riverfront or an inland lake; (B) self-nominated as a resilient waterfront community; and (C) designated by the Secretary as a resilient waterfront community on the basis of the development by the community of an eligible resilient waterfront community plan, with eligibility determined by the Secretary after considering the requirements of subsections (b) and (c) of section 4. (3) Secretary The term Secretary 4. Resilient waterfront communities designation (a) Designation (1) In general Subject to paragraph (2), the Secretary shall designate resilient waterfront communities based on the extent to which a community meets the criteria described in subsection (b). (2) Collaboration For inland lake and riverfront communities, in making the designation described in paragraph (1), the Secretary shall work with the Administrator of the Environmental Protection Agency and the heads of other Federal agencies, as the Secretary determines to be necessary. (b) Resilient waterfront community plan A resilient waterfront community plan is a community-driven vision and plan that is developed— (1) voluntarily at the discretion of the community— (A) to respond to local needs; or (B) to take advantage of new water-oriented opportunities; (2) with the leadership of the relevant governmental entity or Indian tribe with the active participation of— (A) community residents; (B) utilities; and (C) interested business and nongovernmental stakeholders; (3) as a new document or by amending or compiling community planning documents, as necessary, at the discretion of the Secretary; (4) in consideration of all applicable State and Federal coastal zone management planning requirements; (5) to address economic competitive strengths; and (6) to complement and incorporate the objectives and recommendations of applicable regional economic plans. (c) Components of a resilient waterfront community plan A resilient waterfront community plan shall— (1) consider all, or a portion of, the waterfront area and adjacent land and water to which the waterfront is connected ecologically, economically, or through local governmental or tribal boundaries; (2) describe a vision and plan for the community to develop as a vital and resilient waterfront community, integrating consideration of— (A) the economic opportunities resulting from water proximity and access, including— (i) water-dependent industries; (ii) water-oriented commerce; and (iii) recreation and tourism; (B) the community relationship to the water, including— (i) quality of life; (ii) public health; (iii) community heritage; and (iv) public access, particularly in areas in which publicly funded ecosystem restoration is underway; (C) ecosystem challenges and projections, including unresolved and emerging impacts to the health and safety of the waterfront and projections for extreme weather and water conditions; (D) infrastructure needs and opportunities, to facilitate strategic and sustainable capital investments in— (i) docks, piers, and harbor facilities; (ii) protection against storm surges, waves, and flooding; (iii) stormwater, sanitary sewer, and drinking water systems, including green infrastructure and opportunities to control nonpoint source runoff; and (iv) other community facilities and private development; and (E) such other factors as are determined by the Secretary to align with metrics or indicators for resiliency, considering environmental and economic changes. (d) Duration After the designation of a community as a resilient waterfront community under subsection (a), a resilient waterfront community plan developed in accordance with subsections (b) and (c) may be— (1) effective for the 10-year period beginning on the date on which the Secretary approves the resilient waterfront community plan; and (2) updated by the resilient waterfront community and submitted to the Secretary for the approval of the Secretary before the expiration of the 10-year period. 5. Resilient waterfront communities network (a) In general The Secretary shall develop and maintain a resilient waterfront communities network to facilitate the sharing of best practices among waterfront communities. (b) Public recognition In consultation with designated resilient waterfront communities, the Secretary shall provide formal public recognition of the designated resilient waterfront communities to promote tourism, investment, or other benefits. 6. Waterfront community revitalization activities (a) In general To support a community in leveraging other sources of public and private investment, the Secretary may use existing authority to support— (1) the development of a resilient waterfront community plan, including planning and feasibility analysis; and (2) the implementation of strategic components of a resilient waterfront community plan after the resilient waterfront community plan has been approved by the Secretary. (b) Non-Federal partners (1) Lead non-Federal partners A unit of local government or an Indian tribe shall be eligible to be considered as a lead non-Federal partner if the unit of local government or Indian tribe is— (A) bound in part by— (i) the Great Lakes; or (ii) the ocean; or (B) bordered or traversed by a riverfront or an inland lake. (2) Non-Federal implementation partners Subject to subsection (d)(3), a lead non-Federal partner may contract with an eligible non-Federal implementation partner for implementation activities described in subsection (d)(2). (c) Planning activities (1) In general Technical assistance may be provided for the development of a resilient waterfront community plan. (2) Eligible planning activities In developing a resilient waterfront community plan, a resilient waterfront community may— (A) conduct community visioning and outreach; (B) identify challenges and opportunities; (C) develop strategies and solutions; (D) prepare plan materials, including text, maps, design, and preliminary engineering; (E) collaborate across local agencies and work with regional, State, and Federal agencies to identify, understand, and develop responses to changing ecosystem and economic circumstances; and (F) conduct other planning activities that the Secretary considers necessary for the development of a resilient waterfront community plan that responds to revitalization and resiliency issues confronted by the resilient waterfront community. (d) Implementation activities (1) In general Implementation assistance may be provided— (A) to initiate implementation of a resilient waterfront community plan and facilitate high-quality development, including leveraging local and private sector investment; and (B) to address strategic community priorities that are identified in the resilient waterfront community plan. (2) Assistance Assistance may be provided to advance implementation activities, such as— (A) site preparation; (B) environmental review; (C) engineering and design; (D) acquiring easements or land for uses such as green infrastructure, public amenities, or assembling development sites; (E) updates to zoning codes; (F) construction of— (i) public waterfront or boating amenities; and (ii) public spaces; (G) infrastructure upgrades to improve coastal resiliency; (H) economic and community development marketing and outreach; and (I) other activities at the discretion of the Secretary. (3) Implementation partners (A) In general To assist in the completion of implementation activities, a lead non-Federal partner may contract or otherwise collaborate with a non-Federal implementation partner, including— (i) a nonprofit organization; (ii) a public utility; (iii) a private entity; (iv) an institution of higher education; (v) a State government; or (vi) a regional organization. (B) Lead non-Federal partner responsibility The lead non-Federal partner shall ensure that assistance and resources received by the lead non-Federal partner to advance the resilient waterfront community plan of the lead non-Federal partner and for related activities are used for the purposes of, and in a manner consistent with, any initiative advanced by the Secretary for the purpose of promoting waterfront community revitalization and resiliency. (e) Use of non-Federal resources (1) In general A resilient waterfront community receiving assistance under this section shall provide non-Federal funds toward completion of planning or implementation activities. (2) Non-Federal resources Non-Federal funds may be provided by— (A) 1 or more units of local or tribal government; (B) a State government; (C) a nonprofit organization; (D) a private entity; (E) a foundation; (F) a public utility; or (G) a regional organization. 7. Interagency awareness At regular intervals, the Secretary shall provide a list of resilient waterfront communities to the applicable States and the heads of national and regional offices of interested Federal agencies, including at a minimum— (1) the Secretary of Transportation; (2) the Secretary of Agriculture; (3) the Administrator of the Environmental Protection Agency; (4) the Administrator of the Federal Emergency Management Agency; (5) the Assistant Secretary of the Army for Civil Works (6) the Secretary of the Interior; and (7) the Secretary of Housing and Urban Development. 8. No new regulatory authority Nothing in this Act may be construed as establishing new authority for any Federal agency. June 8, 2016 Reported with an amendment

Summary: (This measure has not been amended since it was reported to the Senate on June 8, 2016. The summary of that version is repeated here.) Waterfront Community Revitalization and Resiliency Act of 2015 (Sec. 4) This bill requires the Department of Commerce to designate as a resilient waterfront community a unit of local government or Indian tribe that meets specified criteria and is: bound in part by the Great Lakes or the ocean, or bordered or traversed by a riverfront or an inland lake; self-nominated as a resilient waterfront community; and designated as one by Commerce on the basis of a community-developed plan. In making such a designation for inland lake and riverfront communities, Commerce must work with the Environmental Protection Agency and the heads of other federal agencies as necessary. A resilient waterfront community plan is a community-driven vision and plan developed: voluntarily at the discretion of the community to respond to local needs or take advantage of new water-oriented opportunities; with the leadership of the relevant governmental entity or Indian tribe and the active participation of community residents, utilities, and interested business and nongovernmental stakeholders; in consideration of all applicable state and federal coastal zone management planning; to address economic competitive strengths; and to complement and incorporate the objectives and recommendations of regional economic plans. A resilient waterfront community plan shall consider all, or a portion of, the waterfront area and adjacent land and water to which it is connected ecologically, economically, or through local governmental or tribal boundaries, and integrate consideration of: the economic opportunities resulting from water proximity and access and the community's relationship to the water; ecosystem challenges and projections, including extreme weather and water conditions; infrastructure needs and opportunities to facilitate specified strategic and sustainable capital investments; and such other factors that align with metrics or indicators for resiliency, considering environmental and economic changes. After the designation of a resilient waterfront community, its plan may be effective for a 10-year period. (Sec. 5) Commerce must: (1) develop and maintain a resilient waterfront communities network to facilitate the sharing of best practices among waterfront communities; and (2) recognize such communities formally and publicly to promote tourism, investment, or other benefits. (Sec. 6) Commerce may use existing authority to support: the development of a resilient waterfront community plan, including planning and feasibility analysis; and the implementation of strategic components after the plan has been approved. A lead nonfederal partner (a local government or Indian tribe) may contract with an eligible nonfederal implementation partner (a nonprofit organization, a public utility, a private entity, an institution of higher education, a state government, or a regional organization) for implementation activities, such as site preparation, environmental review, acquisition of easements or land for uses for green infrastructure, construction of public waterfront or boating amenities and public spaces, and infrastructure upgrades to improve coastal resiliency. In developing a plan, a resilient waterfront community, among other eligible planning activities, may: conduct community visioning and outreach; and collaborate across local agencies and work with regional, state, and federal agencies to identify, understand, and develop responses to changing ecosystem and economic circumstances. Assistance may be furnished to: initiate implementation of a resilient waterfront community plan and facilitate high-quality development, including leveraging local and private sector investment; and address strategic community priorities identified in the plan. The lead nonfederal partner shall ensure that assistance and resources received by it to advance its resilient waterfront community plan and for related activities are used for the purposes of any initiative advanced by Commerce to promote waterfront community revitalization and resiliency. A resilient waterfront community that receives assistance under this bill shall furnish nonfederal funds from entities eligible to be nonfederal implementation partners toward the completion of planning or implementation activities. (Sec. 7) At regular intervals Commerce must give a list of resilient waterfront communities to the applicable states and the heads of national and regional offices of interested federal agencies. (Sec. 8) Nothing in this bill may be construed as establishing new authority for any federal agency.