rently under threat of conversion to uses 
incompatible with commercial fishing, rec-
reational fishing businesses, aquaculture, 
boatbuilding, or other water-dependent, 
coastal-related business, and the level of 
that threat; 
‘‘(iv) identification of geographic areas 
with a historic connection to working wa-
terfronts where working waterfronts are 
not currently available, and, where appro-
priate, an assessment of the environmental 
impacts of any expansion or new develop-
ment of working waterfronts on the coastal 
ecosystem; 
‘‘(v) identification of other working 
waterfront needs including improvements 
to existing working waterfronts and work-
ing waterfront areas; 
‘‘(vi) a strategic and prioritized plan 
for the preservation, expansion, and im-
provement of working waterfronts in the 
coastal State; 
‘‘(vii) 
for 
areas 
identified 
under 
clauses (iii), (iv), (v), and (vi), identifica-
tion of current availability and potential 
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for expansion of public access to coastal 
waters; 
‘‘(viii) a description of the degree of 
community support for such strategic plan; 
and 
‘‘(ix) a contingency plan for properties 
that revert to the coastal State pursuant to 
determinations made by the coastal State 
under subsection (h)(4)(C); 
‘‘(C) may include detailed environmental 
impacts on working waterfronts, including haz-
ards, sea level rise, inundation exposure, and 
other resiliency issues; 
‘‘(D) may be part of the management pro-
gram approved under section 306; 
‘‘(E) shall utilize to the maximum extent 
practicable existing information contained in 
relevant surveys, plans, or other strategies to 
fulfill the information requirements under this 
paragraph; and 
‘‘(F) shall incorporate the policies and reg-
ulations adopted by communities under local 
working waterfront plans or strategies in exist-
ence before the date of the enactment of this 
section. 
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‘‘(3) A working waterfront plan— 
‘‘(A) shall be effective for purposes of this 
section for the 5-year period beginning on the 
date it is approved by the Secretary; 
‘‘(B) must be updated and re-approved by 
the Secretary before the end of such period; and 
‘‘(C) shall be complimentary to and incor-
porate the policies and objectives of regional or 
local working waterfront plans as in effect be-
fore the date of enactment of this section or as 
subsequently revised. 
‘‘(4) The Secretary may— 
‘‘(A) award planning grants to coastal 
States for the purpose of developing or revising 
comprehensive working waterfront plans; and 
‘‘(B) award grants consistent with the pur-
poses of this section to States undertaking the 
working waterfront planning process under this 
section, for the purpose of preserving and pro-
tecting working waterfronts during such proc-
ess. 
‘‘(5) Any coastal State applying for a working 
waterfront grant under this title shall— 
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‘‘(A) develop a working waterfront plan, 
using a process that involves the public and 
those with an interest in the coastal zone; 
‘‘(B) coordinate development and imple-
mentation of such a plan with other coastal 
management programs, regulations, and activi-
ties of the coastal State; and 
‘‘(C) if the coastal State allows qualified 
holders (other than the coastal State) to enter 
into working waterfront covenants, provide as 
part of the working waterfront plan under this 
subsection a mechanism or procedure to ensure 
that the qualified holders are complying their 
duties to enforce the working waterfront cov-
enant. 
‘‘(e) USES, TERMS, AND CONDITIONS.— 
‘‘(1) Each grant made by the Secretary under 
this section shall be subject to such terms and condi-
tions as may be appropriate to ensure that the grant 
is used for purposes consistent with this section. 
‘‘(2) A grant under this section may be used— 
‘‘(A) to acquire a working waterfront, or 
an interest in a working waterfront; 
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‘‘(B) to make improvements to a working 
waterfront, including the construction or repair 
of wharfs, boat ramps, or related facilities; or 
‘‘(C) for necessary climate adaptation miti-
gation. 
‘‘(f) PUBLIC ACCESS REQUIREMENT.—A working 
waterfront project funded by grants made under this sec-
tion must provide for expansion, improvement, or preser-
vation of reasonable and appropriate public access to 
coastal waters at or in the vicinity of a working water-
front, except for commercial fishing or other industrial ac-
cess points where the coastal State determines that public 
access would be unsafe. 
‘‘(g) LIMITATIONS.— 
‘‘(1) Except as provided in paragraph (2), a 
grant awarded under this section may be used to 
purchase working waterfront or an interest in work-
ing waterfront, including an easement, only from a 
willing seller and at fair market value. 
‘‘(2) A grant awarded under this section may 
be used to acquire working waterfront or an interest 
in working waterfront at less than fair market value 
only if the owner certifies to the Secretary that the 
sale is being entered into willingly and without coer-
cion. 
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‘‘(3) No Federal, State, or local entity may ex-
ercise the power of eminent domain to secure title to 
any property or facilities in connection with a 
project carried out under this section. 
‘‘(h) ALLOCATION OF GRANTS TO LOCAL GOVERN-
MENTS AND OTHER ENTITIES.— 
‘‘(1) The Secretary shall encourage coastal 
States to broadly allocate amounts received as 
grants under this section among working water-
fronts identified in working waterfront plans ap-
proved under subsection (d). 
‘‘(2) Subject to the approval of the Secretary, 
a coastal State may, as part of an approved working 
waterfront plan, designate as a qualified holder any 
unit of State or local government or nongovern-
mental organization, if the coastal State is ulti-
mately responsible for ensuring that the property 
will be managed in a manner that is consistent with 
the purposes for which the land entered into the pro-
gram. 
‘‘(3) A coastal State or a qualified holder des-
ignated by a coastal State may allocate to a unit of 
local government, nongovernmental organization, 
fishing cooperative, or other entity, a portion of any 
grant made under this section for the purpose of 
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paragraph (D), revert to the coastal State; 
and 
‘‘(ii) the coastal State shall have the 
right of immediate entry onto the working 
waterfront; 
‘‘(D) if a coastal State makes a determina-
tion under subparagraph (C), the coastal State 
may convey or authorize the qualified holder to 
convey the working waterfront or interest in 
working waterfront to another qualified holder; 
and 
‘‘(E) nothing in this subsection waives any 
legal requirement under any Federal or State 
law. 
‘‘(i) MATCHING CONTRIBUTIONS.— 
‘‘(1) Except as provided in paragraph (2), the 
Secretary shall require that each coastal State that 
receives a grant under this section, or a qualified 
holder designated by that coastal State under sub-
section (h), shall provide matching funds in an 
amount equal to at least 25 percent of the total cost 
of the project carried out with the grant. 
‘‘(2) The Secretary may waive the application 
of paragraph (1) for any qualified holder that is an 
underserved community, a community that has an 
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inability to draw on other sources of funding because 
of the small population or low income of the commu-
nity, or for other reasons the Secretary considers ap-
propriate. 
‘‘(3) A local community designated as a quali-
fied holder under subsection (h) may utilize funds or 
other in-kind contributions donated by a nongovern-
mental partner to satisfy the matching funds re-
quirement under this subsection. 
‘‘(4) As a condition of receipt of a grant under 
this section, the Secretary shall require that a coast-
al State provide to the Secretary such assurances as 
the Secretary determines are sufficient to dem-
onstrate that the share of the cost of each eligible 
project that is not funded by the grant awarded 
under this section has been secured. 
‘‘(5) If financial assistance under this section 
represents only a portion of the total cost of a 
project, funding from other Federal sources may be 
applied to the cost of the project. Each portion shall 
be subject to match requirements under the applica-
ble provision of law. 
‘‘(6) The Secretary shall treat as non-Federal 
match the value of a working waterfront or interest 
in a working waterfront, including conservation and 
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other easements, that is held in perpetuity by a 
qualified holder, if the working waterfront or inter-
est is identified in the application for the grant and 
acquired by the qualified holder within 3 years of 
the grant award date, or within 3 years after the 
submission of the application and before the end of 
the grant award period. Such value shall be deter-
mined by an appraisal performed at such time before 
the award of the grant as the Secretary considers 
appropriate. 
‘‘(7) The Secretary shall treat as non-Federal 
match the costs associated with acquisition of a 
working waterfront or an interest in a working wa-
terfront, and the costs of restoration, enhancement, 
or other improvement to a working waterfront, if the 
activities are identified in the project application and 
the costs are incurred within the period of the grant 
award, or, for working waterfront described in para-
graph (6), within the same time limits described in 
that paragraph. These costs may include either cash 
or in-kind contributions. 
‘‘(j) LIMIT ON ADMINISTRATIVE COSTS.—No more 
than 5 percent of the funds made available to the Sec-
retary under this section may be used by the Secretary 
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for planning or administration of the program under this 
section. 
‘‘(k) OTHER TECHNICAL AND FINANCIAL ASSIST-
ANCE.— 
‘‘(1) Up to 5 percent of the funds appropriated 
under this section may be used by the Secretary for 
purposes of providing technical assistance as de-
scribed in this subsection. 
‘‘(2) The Secretary shall— 
‘‘(A) provide technical assistance to coastal 
States and local governments in identifying and 
obtaining other sources of available Federal 
technical and financial assistance for the devel-
opment and revision of a working waterfront 
plan and the implementation of an approved 
working waterfront plan; 
‘‘(B) provide technical assistance to States 
and local governments for the development, im-
plementation, and revision of comprehensive 
working waterfront plans, which may include, 
subject to the availability of appropriations, 
planning grants and assistance, pilot projects, 
feasibility studies, research, and other projects 
necessary to further the purposes of this sec-
tion; 
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‘‘(C) assist States in developing other tools 
to protect working waterfronts; 
‘‘(D) collect and disseminate to States 
guidance for best storm water management 
practices in regards to working waterfronts; 
‘‘(E) provide technical assistance to States 
and local governments on integrating resilience 
planning into working waterfront preservation 
efforts; and 
‘‘(F) collect and disseminate best practices 
on working waterfronts and resilience planning. 
‘‘(l) REPORTS.— 
‘‘(1) The Secretary shall— 
‘‘(A) develop performance measures to 
evaluate and report on the effectiveness of the 
program under this section in accomplishing the 
purpose of this section; and 
‘‘(B) submit to Congress a biennial report 
that includes such evaluations, an account of all 
expenditures, and descriptions of all projects 
carried out using grants awarded under this 
section. 
‘‘(2) The Secretary may submit the biennial re-
port under paragraph (1)(B) by including it in the 
biennial report required under section 316. 
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‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) The term ‘qualified holder’ means a coast-
al State or a unit of local or coastal State govern-
ment or a non-State organization designated by a 
coastal State under subsection (h). 
‘‘(2) The term ‘Secretary’ means the Secretary, 
acting through the National Oceanic and Atmos-
pheric Administration. 
‘‘(3) The term ‘working waterfront’ means real 
property (including support structures over water 
and other facilities) that provides access to coastal 
waters to persons engaged in commercial fishing, 
recreational fishing businesses, boatbuilding, aqua-
culture, or other water-dependent, coastal-related 
business and is used for, or that supports, commer-
cial 
fishing, 
recreational 
fishing 
businesses, 
boatbuilding, aquaculture, or other water-dependent, 
coastal-related business. 
‘‘(4) The term ‘working waterfront covenant’ 
means an agreement in recordable form between the 
owner of working waterfront and one or more quali-
fied holders, that provides such assurances as the 
Secretary may require that— 
‘‘(A) the title to or interest in the working 
waterfront will be held by a grant recipient or 
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qualified holder in perpetuity, except as pro-
vided in subparagraph (C); 
‘‘(B) the working waterfront will be man-
aged in a manner that is consistent with the 
purposes for which the property is acquired 
pursuant to this section, and the property will 
not be converted to any use that is inconsistent 
with the purpose of this section; 
‘‘(C) if the title to or interest in the work-
ing waterfront is sold or otherwise exchanged— 
‘‘(i) all working waterfront owners 
and qualified holders involved in such sale 
or exchange shall accede to such agree-
ment; and 
‘‘(ii) funds equal to the fair market 
value of the working waterfront or interest 
in working waterfront shall be paid to the 
Secretary by parties to the sale or ex-
change, and such funds shall, at the dis-
cretion of the Secretary, be paid to the 
coastal State in which the working water-
front is located for use in the implementa-
tion of the working waterfront plan of the 
State approved by the Secretary under this 
section; and 
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‘‘(D) such covenant is subject to enforce-
ment and oversight by the coastal State or by 
another person as determined appropriate by 
the Secretary. 
‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Grant Program 
$12,000,000.’’. 
SEC. 3. WORKING WATERFRONTS PRESERVATION FUND; 
GRANTS. 
The Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.) is further amended by adding at the 
end the following: 
‘‘SEC. 321. WORKING WATERFRONTS PRESERVATION LOAN 
FUND. 
‘‘(a) FUND.—There is established in the Treasury a 
separate account that shall be known as the ‘Working Wa-
terfronts Preservation Loan Fund’ (in this section re-
ferred to as the ‘Fund’). 
‘‘(b) USE.— 
‘‘(1) Subject to the availability of appropria-
tions, amounts in the Fund may be used by the Sec-
retary to make loans to coastal States for the pur-
pose of implementing a working waterfront plan ap-
proved by the Secretary under section 320(d) 
through preservation, improvement, restoration, re-
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habilitation, acquisition of working waterfront prop-
erties under criteria established by the Secretary. 
‘‘(2) Upon enactment of this Act, the Secretary 
of Commerce shall conduct a feasibility study on the 
administration of the development and management 
of a Working Waterfronts Preservation Loan Fund. 
‘‘(3) Upon the completion of the study under 
paragraph (2), the Secretary shall establish a fund 
in accordance with the results of that study, and es-
tablish such criteria as referenced in subsection (c) 
in consultation with States that have a management 
program approved by the Secretary of Commerce 
pursuant to section 306 and local government coast-
al management programs. 
‘‘(c) AWARD CRITERIA.—The Secretary shall award 
loans under this section through a regionally equitable, 
competitive funding process, and in accordance with the 
following: 
‘‘(1) The Governor, or the lead agency des-
ignated by the Governor for coordinating the imple-
mentation of this section, where appropriate in con-
sultation with the appropriate local government, 
shall determine that an application for a loan is con-
sistent with the State’s approved coastal zone plan, 
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program, and policies prior to submission to the Sec-
retary. 
‘‘(2) In developing guidelines under this section, 
the Secretary shall consult with coastal States, other 
Federal agencies, and other interested stakeholders 
with expertise in working waterfront planning. 
‘‘(3) Coastal States may allocate amounts 
loaned under this section to local governments, agen-
cies, or nongovernmental organizations eligible for 
loans under this section. 
‘‘(4) In awarding a loan for activities in a 
coastal State, the Secretary shall consider— 
‘‘(A) the economic and cultural significance 
of working waterfront to the coastal State; 
‘‘(B) the demonstrated working waterfront 
needs of the coastal State as outlined by a 
working waterfront plan approved for the coast-
al State under subsection 320(d), and the value 
of the proposed loan for the implementation of 
such plan; 
‘‘(C) the ability to successfully leverage 
loan funds among participating entities, includ-
ing Federal programs, regional organizations, 
State and other government units, landowners, 
corporations, or private organizations; 
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‘‘(D) the potential for rapid turnover in 
the ownership of working waterfront in the 
coastal State, and where applicable the need for 
coastal States to respond quickly when prop-
erties in existing or potential working water-
front areas or public access areas as identified 
in the working waterfront plan submitted by 
the coastal State come under threat or become 
available; 
‘‘(E) the impact of the loan on the coastal 
ecosystem and the users of the coastal eco-
system; and 
‘‘(F) the extent of the historic connection 
between working waterfronts for which the loan 
will be used and the local communities within 
the coastal State. 
‘‘(d) LOAN AMOUNT AND TERMS.— 
‘‘(1) The amount of a loan under this section— 
‘‘(A) shall be not less than $100,000; and 
‘‘(B) shall not exceed 15 percent of the 
amount in the Fund as of July 1 of the fiscal 
year in which the loan is made. 
‘‘(2) The interest rate for a loan under this sec-
tion shall not exceed 4 percent. 
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‘‘(3) The repayment term for a loan under this 
section shall not exceed 20 years. 
‘‘(e) DEADLINE
FOR APPROVAL.—The Secretary 
shall approve or reject an application for a loan under this 
section within 60 days after receiving an application for 
the loan. 
‘‘(f) LIMIT ON ADMINISTRATIVE COSTS.—No more 
than 5 percent of the funds made available to the Sec-
retary under this section may be used by the Secretary 
for planning or administration of the program under this 
section. 
‘‘(g) DEFINITIONS.—The definitions in section 
320(m) shall apply to this section. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is 
authorized 
to 
be 
appropriated 
to 
the 
Fund 
$12,000,000.’’. 
Æ 
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