IIB 
116TH CONGRESS 
1ST SESSION 
H. R. 729 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 12, 2019 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To amend the Coastal Zone Management Act of 1972 to 
authorize grants to Indian Tribes to further achievement 
of Tribal coastal zone objectives, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. FRONT MATTER. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Coastal and Great Lakes Communities Enhancement 
Act’’. 
(b) DETERMINATION OF BUDGETARY EFFECTS.— 
The budgetary effects of this Act, for the purpose of com-
plying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
(c) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Front matter. 
TITLE I—COASTAL RESILIENCE AND ECONOMIC ENHANCEMENT 
Sec. 101. Grants to further achievement of Tribal coastal zone objectives. 
Sec. 102. Living Shoreline Grant Program. 
Sec. 103. Working Waterfronts Grant Program. 
Sec. 104. Working Waterfronts Preservation Fund; grants. 
Sec. 105. Eligibility of District of Columbia for Federal funding under the 
Coastal Zone Management Act of 1972. 
Sec. 106. Climate change preparedness in the coastal zone. 
Sec. 107. Update to environmental sensitivity index products of National Oce-
anic and Atmospheric Administration for Great Lakes. 
Sec. 108. Prize competitions. 
Sec. 109. Catalog of research on applicable coastal risk reduction and resilience 
measures. 
TITLE II—FISHERY RESEARCH AND CONSERVATION 
Subtitle A—National Fish Habitat Conservation Through Partnerships 
Sec. 201. Purpose. 
Sec. 202. Definitions. 
Sec. 203. National Fish Habitat Board. 
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Sec. 204. Fish Habitat Partnerships. 
Sec. 205. Fish Habitat Conservation Projects. 
Sec. 206. Technical and scientific assistance. 
Sec. 207. Coordination with States and Indian Tribes. 
Sec. 208. Interagency Operational Plan. 
Sec. 209. Accountability and reporting. 
Sec. 210. Effect of this subtitle. 
Sec. 211. Nonapplicability of Federal Advisory Committee Act. 
Sec. 212. Funding. 
Sec. 213. Prohibition against implementation of regulatory authority by Fed-
eral agencies through Partnerships. 
Subtitle B—Great Lakes Fishery Research Authorization 
Sec. 221. Definitions. 
Sec. 222. Findings. 
Sec. 223. Great Lakes monitoring, assessment, science, and research. 
Sec. 224. Authorization of appropriations. 
Subtitle C—Chesapeake Bay Oyster Research 
Sec. 231. Sense of Congress. 
Sec. 232. Grants for researching oysters in the Chesapeake Bay. 
TITLE III—MEETING 21ST CENTURY OCEAN AND COASTAL DATA 
NEEDS 
Subtitle A—Digital Coast 
Sec. 301. Findings. 
Sec. 302. Definitions. 
Sec. 303. Establishment of the Digital Coast. 
Subtitle B—Integrated Coastal and Ocean Observation System 
Sec. 311. Staggered terms for National Integrated Coastal and Ocean Observa-
tion System Advisory Committee. 
Sec. 312. Integrated coastal and ocean observation system cooperative agree-
ments. 
Sec. 313. Reauthorization of Integrated Coastal and Ocean Observation System 
Act of 2009. 
Sec. 314. Advanced Research Projects Agency–Oceans. 
TITLE IV—NATIONAL SEA GRANT COLLEGE PROGRAM 
AMENDMENTS 
Sec. 401. References to the National Sea Grant College Program Act. 
Sec. 402. Modification of Dean John A. Knauss Marine Policy Fellowship. 
Sec. 403. Modification of authority of Secretary of Commerce to accept dona-
tions for National Sea Grant College Program. 
Sec. 404. Repeal of requirement for report on coordination of oceans and coast-
al research activities. 
Sec. 405. Reduction in frequency required for National Sea Grant Advisory 
Board report. 
Sec. 406. Modification of elements of National Sea Grant College Program. 
Sec. 407. Direct hire authority; Dean John A. Knauss Marine Policy Fellow-
ship. 
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Sec. 408. Authorization of appropriations for National Sea Grant College Pro-
gram. 
Sec. 409. Technical corrections. 
TITLE I—COASTAL RESILIENCE 
AND ECONOMIC ENHANCEMENT 
SEC. 101. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL 
COASTAL ZONE OBJECTIVES. 
(a) GRANTS AUTHORIZED.—The Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1451 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 320. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL 
COASTAL ZONE OBJECTIVES. 
‘‘(a) GRANTS AUTHORIZED.—The Secretary may 
award competitive grants to Indian Tribes to further 
achievement of the objectives of such a Tribe for its Tribal 
coastal zone. 
‘‘(b) COST SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the 
cost of any activity carried out with a grant under 
this section shall be— 
‘‘(A) in the case of a grant of less than 
$200,000, 100 percent of such cost; and 
‘‘(B) in the case of a grant of $200,000 or 
more, 95 percent of such cost, except as pro-
vided in paragraph (2). 
‘‘(2) WAIVER.—The Secretary may waive the 
application of paragraph (1)(B) with respect to a 
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grant to an Indian Tribe, or otherwise reduce the 
portion of the share of the cost of an activity re-
quired to be paid by an Indian Tribe under such 
paragraph, if the Secretary determines that the 
Tribe does not have sufficient funds to pay such por-
tion. 
‘‘(c) COMPATIBILITY.—The Secretary may not award 
a grant under this section unless the Secretary determines 
that the activities to be carried out with the grant are 
compatible with this title and that the grantee has con-
sulted with the affected coastal state regarding the grant 
objectives and purposes. 
‘‘(d) AUTHORIZED OBJECTIVES AND PURPOSES.— 
Amounts awarded as a grant under this section shall be 
used for one or more of the objectives and purposes au-
thorized under subsections (b) and (c), respectively, of sec-
tion 306A. 
‘‘(e) FUNDING.—Of amounts appropriated to carry 
out this Act, $5,000,000 is authorized to carry out this 
section for each fiscal year. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) INDIAN
LAND.—The term ‘Indian land’ 
has the meaning that term has under section 2601 
of the Energy Policy Act of 1992 (25 U.S.C. 3501). 
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‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ 
means an Indian tribe, as that term is defined in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
‘‘(3) TRIBAL COASTAL ZONE.—The term ‘Tribal 
coastal zone’ means any Indian land of an Indian 
Tribe that is within the coastal zone. 
‘‘(4) TRIBAL COASTAL ZONE OBJECTIVE.—The 
term ‘Tribal coastal zone objective’ means, with re-
spect to an Indian Tribe, any of the following objec-
tives: 
‘‘(A) Protection, restoration, or preserva-
tion of areas in the Tribal coastal zone of such 
Tribe that hold— 
‘‘(i) important ecological, cultural, or 
sacred significance for such Tribe; or 
‘‘(ii) traditional, historic, and esthetic 
values essential to such Tribe. 
‘‘(B) Preparing and implementing a special 
area management plan and technical planning 
for important coastal areas. 
‘‘(C) Any coastal or shoreline stabilization 
measure, including any mitigation measure, for 
the purpose of public safety, public access, or 
cultural or historical preservation.’’. 
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(b) GUIDANCE.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Com-
merce shall issue guidance for the program established 
under the amendment made by subsection (a), including 
the criteria for awarding grants under such program based 
on consultation with Indian Tribes (as that term is defined 
in that amendment). 
(c) USE OF STATE GRANTS TO FULFILL TRIBAL OB-
JECTIVES.—Section 306A(c)(2) of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1455a(c)(2)) is amended 
by striking ‘‘and’’ after the semicolon at the end of sub-
paragraph (D), by striking the period at the end of sub-
paragraph (E) and inserting ‘‘; and’’, and by adding at 
the end the following: 
‘‘(F) fulfilling any Tribal coastal zone ob-
jective (as that term is defined in section 
320).’’. 
(d) OTHER PROGRAMS NOT AFFECTED.—Nothing in 
this section shall be construed to affect the ability of an 
Indian Tribe to apply for, receive assistance under, or par-
ticipate in any program authorized by the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1451 et seq.) or 
other related Federal laws. 
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SEC. 102. LIVING SHORELINE GRANT PROGRAM. 
(a) 
ESTABLISHMENT.—The 
Administrator 
shall 
make grants to eligible entities for purposes of— 
(1) designing and implementing large- and 
small-scale, climate-resilient living shoreline projects; 
and 
(2) applying innovative uses of natural mate-
rials and systems to protect coastal communities, 
habitats, and natural system functions. 
(b) PROJECT PROPOSALS.—To be eligible to receive 
a grant under this section, an eligible entity shall— 
(1) submit to the Administrator a proposal for 
a living shoreline project, including monitoring, data 
collection, and measurable performance criteria with 
respect to the project; 
(2) demonstrate to the Administrator that the 
entity has any permits or other authorizations from 
local, State, and Federal government agencies nec-
essary to carry out the living shoreline project or 
provide evidence demonstrating general support from 
such agencies; and 
(3) include an outreach or education component 
that seeks and solicits feedback from the local or re-
gional community most directly affected by the pro-
posal. 
(c) PROJECT SELECTION.— 
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(1) DEVELOPMENT OF CRITERIA.—The Admin-
istrator shall select eligible entities to receive grants 
under this section based on criteria developed by the 
Administrator, in consultation with relevant offices 
of the National Oceanic and Atmospheric Adminis-
tration, such as the Office of Habitat Conservation, 
the Office for Coastal Management, and the Res-
toration Center. 
(2) CONSIDERATIONS.—In developing criteria 
under paragraph (1) to evaluate a proposed living 
shoreline project, the Administrator shall take into 
account— 
(A) the potential of the project to protect 
the community and maintain the viability of the 
environment, such as through protection of eco-
system functions, environmental benefits, or 
habitat types, in the area where the project is 
to be carried out; 
(B) the historic and future environmental 
conditions of the project site, particularly those 
environmental conditions affected by climate 
change; 
(C) the ecological benefits of the project; 
(D) the ability of the entity proposing the 
project to demonstrate the potential of the 
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project to protect the coastal community where 
the project is to be carried out, including 
through— 
(i) mitigating the effects of erosion; 
(ii) attenuating the impact of coastal 
storms and storm surge; 
(iii) mitigating shoreline flooding; 
(iv) mitigating the effects of sea level 
rise, accelerated land loss, and extreme 
tides; 
(v) sustaining, protecting, or restoring 
the functions and habitats of coastal eco-
systems; or 
(vi) such other forms of coastal pro-
tection as the Administrator considers ap-
propriate; and 
(E) the potential of the project to support 
resiliency at a military installation or commu-
nity infrastructure supportive of a military in-
stallation (as such terms are defined in section 
2391 of title 10, United States Code). 
(3) PRIORITY.—In selecting living shoreline 
projects to receive grants under this section, the Ad-
ministrator shall give priority consideration to a pro-
posed project to be conducted in an area— 
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(A) for which the President has declared, 
during the 10-year period preceding the submis-
sion of the proposal for the project under sub-
section (b), that a major disaster exists pursu-
ant to section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170) because of a hurricane, trop-
ical storm, coastal storm, or flooding; 
(B) that has a documented history of 
coastal erosion or frequent coastal inundation 
during that 10-year period; or 
(C) which include communities that may 
not have adequate resources to prepare for or 
respond to coastal hazards, including low in-
come communities, communities of color, Tribal 
communities, and rural communities. 
(4) MINIMUM STANDARDS.— 
(A) IN
GENERAL.—The Administrator 
shall develop minimum standards to be used in 
selecting eligible entities to receive grants under 
this section, taking into account— 
(i) the considerations described in 
paragraph (2); 
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(ii) the need for such standards to be 
general enough to accommodate concerns 
relating to specific project sites; and 
(iii) the consideration of an estab-
lished eligible entity program with systems 
to disburse funding from a single grant to 
support multiple small-scale projects. 
(B) 
CONSULTATIONS.—In 
developing 
standards under subparagraph (A), the Admin-
istrator— 
(i) shall consult with relevant offices 
of the National Oceanic and Atmospheric 
Administration, such as the Office of Habi-
tat Conservation, the Office for Coastal 
Management, and the Restoration Center; 
and 
(ii) may consult with— 
(I) relevant interagency councils, 
such as the Estuary Habitat Restora-
tion Council; 
(II) Tribes and Tribal organiza-
tions; 
(III) State coastal management 
agencies; and 
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(IV) relevant nongovernmental 
organizations. 
(d) USE OF FUNDS.—A grant awarded under this 
section to an eligible entity to carry out a living shoreline 
project may be used by the eligible entity only— 
(1) to carry out the project, including adminis-
tration, design, permitting, entry into negotiated in-
direct cost rate agreements, and construction; 
(2) to monitor, collect, and report data on the 
performance (including performance over time) of 
the project, in accordance with standards issued by 
the Administrator under subsection (f)(2); and 
(3) to incentivize landowners to engage in living 
shoreline projects. 
(e) COST-SHARING.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an eligible entity that receives a grant 
under this section to carry out a living shoreline 
project shall provide, from non-Federal sources, 
funds or other resources (such as land or conserva-
tion easements or in-kind matching from private en-
tities) valued at not less than 50 percent of the total 
cost, including administrative costs, of the project. 
(2) REDUCED
MATCHING
REQUIREMENT
FOR 
CERTAIN
COMMUNITIES.—The Administrator may 
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reduce or waive the matching requirement under 
paragraph (1) for an eligible entity representing a 
community or nonprofit organization if— 
(A) the eligible entity submits to the Ad-
ministrator in writing— 
(i) a request for such a reduction and 
the amount of the reduction; and 
(ii) a justification for why the entity 
cannot meet the matching requirement; 
and 
(B) the Administrator agrees with the jus-
tification. 
(f) MONITORING AND REPORTING.— 
(1) IN GENERAL.—The Administrator shall re-
quire each eligible entity receiving a grant under this 
section (or a representative of the entity) to carry 
out a living shoreline project— 
(A) to transmit to the Administrator data 
collected under the project; 
(B) to monitor the project and to collect 
data on— 
(i) the ecological benefits of the 
project and the protection provided by the 
project for the coastal community where 
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the project is carried out, including 
through— 
(I) mitigating the effects of ero-
sion; 
(II) attenuating the impact of 
coastal storms and storm surge; 
(III) mitigating shoreline flood-
ing; 
(IV) mitigating the effects of sea 
level rise, accelerated land loss, and 
extreme tides; 
(V) sustaining, protecting, or re-
storing the functions and habitats of 
coastal ecosystems; or 
(VI) such other forms of coastal 
protection as the Administrator con-
siders appropriate; and 
(ii) the performance of the project in 
providing such protection; 
(C) to make data collected under the 
project available on a publicly accessible inter-
net website of the National Oceanic and Atmos-
pheric Administration; and 
(D) not later than 1 year after the entity 
receives the grant, and annually thereafter until 
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the completion of the project, to submit to the 
Administrator a report on— 
(i) the measures described in subpara-
graph (B); and 
(ii) the effectiveness of the project in 
increasing protection of the coastal com-
munity where the project is carried out 
through living shorelines techniques, in-
cluding— 
(I) a description of— 
(aa) the project; 
(bb) the activities carried 
out under the project; and 
(cc) the techniques and ma-
terials used in carrying out the 
project; and 
(II) data on the performance of 
the project in providing protection to 
that coastal community. 
(2) GUIDELINES.—In developing guidelines re-
lating to paragraph (1)(C), the Administrator shall 
consider how additional data could safely be col-
lected before and after major disasters or severe 
weather events to measure project performance and 
project recovery. 
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(3) STANDARDS.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act, the 
Administrator shall, in consultation with rel-
evant offices of the National Oceanic and At-
mospheric Administration, relevant interagency 
councils, and relevant nongovernmental organi-
zations, issue standards for the monitoring, col-
lection, and reporting under subsection (d)(2) 
of data regarding the performance of living 
shoreline projects for which grants are awarded 
under this section. 
(B) REPORTING.—The standards issued 
under subparagraph (A) shall require an eligi-
ble entity receiving a grant under this section 
to report the data described in that subpara-
graph to the Administrator on a regular basis. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $50,000,000 to the Ad-
ministrator for each of fiscal years 2020 through 2025 
for purposes of carrying out this section. 
(h) MINIMUM REQUIRED FUNDS FOR SHORELINE 
PROJECTS LOCATED WITHIN THE GREAT LAKES.—The 
Secretary shall make not less than 10 percent of the funds 
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awarded under this section to projects located in the Great 
Lakes. 
(i) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National 
Oceanic and Atmospheric Administration. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any of the following: 
(A) A unit of a State or local government. 
(B) An organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 
that is exempt from taxation under section 
501(a) of such Code. 
(C) An Indian Tribe (as defined in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)). 
(3) LIVING
SHORELINE
PROJECT.—The term 
‘‘living shoreline project’’— 
(A) means a project that— 
(i) restores or stabilizes a shoreline, 
including marshes, wetlands, and other 
vegetated areas that are part of the shore-
line ecosystem, by using natural materials 
and systems to create buffers to attenuate 
the impact of coastal storms, currents, 
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flooding, and wave energy and to prevent 
or minimize shoreline erosion while sup-
porting coastal ecosystems and habitats; 
(ii) incorporates as many natural ele-
ments as possible, such as native wetlands, 
submerged aquatic plants, corals, oyster 
shells, native grasses, shrubs, or trees; 
(iii) utilizes techniques that incor-
porate ecological and coastal engineering 
principles in shoreline stabilization; and 
(iv) to the extent possible, maintains 
or restores existing natural slopes and con-
nections between uplands and adjacent 
wetlands or surface waters; 
(B) may include the use of— 
(i) natural elements, such as sand, 
wetland plants, logs, oysters or other shell-
fish, submerged aquatic vegetation, corals, 
native grasses, shrubs, trees, or coir fiber 
logs; 
(ii) project elements that provide eco-
logical benefits to coastal ecosystems and 
habitats in addition to shoreline protection; 
and 
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(iii) structural materials, such as 
stone, concrete, wood, vinyl, oyster domes, 
or other approved engineered structures in 
combination with natural materials; and 
(C) may include a project that expands 
upon or restores natural living shorelines or ex-
isting living shoreline projects. 
(4) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
SEC. 103. WORKING WATERFRONTS GRANT PROGRAM. 
The Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 321. WORKING WATERFRONTS GRANT PROGRAM. 
‘‘(a) WORKING WATERFRONT TASK FORCE.— 
‘‘(1) ESTABLISHMENT
AND
FUNCTIONS.—The 
Secretary of Commerce shall establish a task force 
to work directly with coastal States, user groups, 
and coastal stakeholders to identify and address crit-
ical needs with respect to working waterfronts. 
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‘‘(2) MEMBERSHIP.—The members of the task 
force shall be appointed by the Secretary of Com-
merce, and shall include— 
‘‘(A) experts in the unique economic, so-
cial, cultural, ecological, geographic, and re-
source concerns of working waterfronts; and 
‘‘(B) representatives from the National 
Oceanic and Atmospheric Administration’s Of-
fice of Coastal Management, the United States 
Fish and Wildlife Service, the Department of 
Agriculture, 
the 
Environmental 
Protection 
Agency, the United States Geological Survey, 
the Navy, the National Marine Fisheries Serv-
ice, the Economic Development Agency, and 
such other Federal agencies as the Secretary 
considers appropriate. 
‘‘(3) FUNCTIONS.—The task force shall— 
‘‘(A) identify and prioritize critical needs 
with respect to working waterfronts in States 
that have a management program approved by 
the Secretary of Commerce pursuant to section 
306, in the areas of— 
‘‘(i) economic and cultural importance 
of working waterfronts to communities; 
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‘‘(ii) 
changing 
environments 
and 
threats working waterfronts face from en-
vironment changes, trade barriers, sea level 
rise, extreme weather events, ocean acidifi-
cation, and harmful algal blooms; and 
‘‘(iii) identifying working waterfronts 
and highlighting them within communities; 
‘‘(B) outline options, in coordination with 
coastal States and local stakeholders, to address 
such critical needs, including adaptation and 
mitigation where applicable; 
‘‘(C) identify Federal agencies that are re-
sponsible under existing law for addressing such 
critical needs; and 
‘‘(D) recommend Federal agencies best 
suited to address any critical needs for which 
no agency is responsible under existing law. 
‘‘(4) INFORMATION
TO
BE
CONSIDERED.—In 
identifying and prioritizing policy gaps pursuant to 
paragraph (3), the task force shall consider the find-
ings and recommendations contained in section VI of 
the report entitled ‘The Sustainable Working Water-
fronts Toolkit: Final Report’, dated March 2013. 
‘‘(5) REPORT.—Not later than 18 months after 
the date of the enactment of this section, the task 
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force shall submit a report to Congress on its find-
ings. 
‘‘(6) IMPLEMENTATION.—The head of each 
Federal agency identified in the report pursuant to 
paragraph (3)(C) shall take such action as is nec-
essary to implement the recommendations contained 
in the report by not later than 1 year after the date 
of the issuance of the report. 
‘‘(b) WORKING WATERFRONT GRANT PROGRAM.— 
‘‘(1) The Secretary shall establish a Working 
Waterfront Grant Program, in cooperation with ap-
propriate State, regional, and other units of govern-
ment, under which the Secretary may make a grant 
to any coastal State for the purpose of implementing 
a working waterfront plan approved by the Secretary 
under subsection (c). 
‘‘(2) Subject to the availability of appropria-
tions, the Secretary shall award matching grants 
under the Working Waterfronts Grant Program to 
coastal States with approved working waterfront 
plans through a regionally equitable, competitive 
funding process in accordance with the following: 
‘‘(A) The Governor, or the lead agency 
designated by the Governor for coordinating the 
implementation of this section, where appro-
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priate in consultation with the appropriate local 
government, shall determine that the applica-
tion is consistent with the State’s or territory’s 
approved coastal zone plan, program, and poli-
cies prior to submission to the Secretary. 
‘‘(B) In developing guidelines under this 
section, the Secretary shall consult with coastal 
States, other Federal agencies, and other inter-
ested stakeholders with expertise in working 
waterfront planning. 
‘‘(C) Coastal States may allocate grants to 
local governments, agencies, or nongovern-
mental organizations eligible for assistance 
under this section. 
‘‘(3) In awarding a grant to a coastal State, the 
Secretary shall consider— 
‘‘(A) the economic, cultural, and historical 
significance of working waterfront to the coast-
al 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 (c), and the value of 
the proposed project for the implementation of 
such plan; 
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‘‘(C) the ability to successfully leverage 
funds among participating entities, including 
Federal programs, regional organizations, State 
and other government units, landowners, cor-
porations, or private organizations; 
‘‘(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; and 
‘‘(E) the impact of the working waterfront 
plan approved for the coastal State under sub-
section (c) on the coastal ecosystem and the 
users of the coastal ecosystem. 
‘‘(4) The Secretary shall approve or reject an 
application for such a grant within 60 days after re-
ceiving an application for the grant. 
‘‘(c) WORKING WATERFRONT PLANS.— 
‘‘(1) To be eligible for a grant under subsection 
(b), a coastal State must submit and have approved 
by the Secretary a comprehensive working water-
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front plan in accordance with this subsection, or be 
in the process of developing such a plan and have an 
established working waterfront program at the State 
or local level, or the Secretary determines that an 
existing coastal land use plan for that State is in ac-
cordance with this subsection. 
‘‘(2) Such plan— 
‘‘(A) must provide for preservation and ex-
pansion of access to coastal waters to persons 
engaged in commercial fishing, recreational 
fishing and boating businesses, aquaculture, 
boatbuilding, or other water-dependent, coastal- 
related business; 
‘‘(B) shall include one or more of— 
‘‘(i) an assessment of the economic, 
social, cultural, and historic value of work-
ing waterfront to the coastal State; 
‘‘(ii) a description of relevant State 
and local laws and regulations affecting 
working waterfront in the geographic areas 
identified in the working waterfront plan; 
‘‘(iii) 
identification 
of 
geographic 
areas where working waterfronts are cur-
rently under threat of conversion to uses 
incompatible with commercial and rec-
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reational fishing, recreational fishing and 
boating 
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 (g)(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. 
‘‘(d) 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. 
‘‘(e) 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. 
‘‘(f) 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. 
‘‘(g) 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 (c). 
‘‘(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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carrying out this section, except that such an alloca-
tion shall not relieve the coastal State of the respon-
sibility for ensuring that any funds so allocated are 
applied in furtherance of the coastal State’s ap-
proved working waterfront plan. 
‘‘(4) A qualified holder may hold title to or in-
terest in property acquired under this section, except 
that— 
‘‘(A) all persons holding title to or interest 
in working waterfront affected by a grant under 
this section, including a qualified holder, private 
citizen, private business, nonprofit organization, 
fishing cooperative, or other entity, shall enter 
into a working waterfront covenant; 
‘‘(B) such covenant shall be held by the 
coastal State or a qualified holder designated 
under paragraph (2); 
‘‘(C) if the coastal State determines, on 
the record after an opportunity for a hearing, 
that the working waterfront covenant has been 
violated— 
‘‘(i) all right, title, and interest in and 
to the working waterfront covered by such 
covenant shall, except as provided in sub-
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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. 
‘‘(h) 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 (g), 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 (g) 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. 
‘‘(i) 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. 
‘‘(j) OTHER TECHNICAL
AND FINANCIAL ASSIST-
ANCE.— 
‘‘(1) Up to 5 percent of the funds appropriated 
under this section shall 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. 
‘‘(k) 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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‘‘(l) 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 (g). 
‘‘(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 and rec-
reational fishing, recreational fishing and boating 
businesses, boatbuilding, aquaculture, or other 
water-dependent, coastal-related business and is 
used for, or that supports, commercial and rec-
reational fishing, recreational fishing and boating 
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— 
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‘‘(A) the title to or interest in the working 
waterfront will be held by a grant recipient or 
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 
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State approved by the Secretary under this 
section; and 
‘‘(D) such covenant is subject to enforce-
ment and oversight by the coastal State or by 
another person as determined appropriate by 
the Secretary. 
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Grant Program 
$12,000,000 for each of fiscal years 2020 through 2024.’’. 
SEC. 104. 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. 322. 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-
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proved by the Secretary under section 321(c) 
through preservation, improvement, restoration, re-
habilitation, acquisition of working waterfront prop-
erties under criteria established by the Secretary. 
‘‘(2) Upon enactment of this section, the Sec-
retary of Commerce shall conduct a feasibility study 
on the administration of the development and man-
agement 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, 
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shall determine that an application for a loan is con-
sistent with the State’s approved coastal zone plan, 
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 section 321(c), 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, 
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State and other government units, landowners, 
corporations, or private organizations; 
‘‘(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. 
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‘‘(2) The interest rate for a loan under this sec-
tion shall not exceed 4 percent. 
‘‘(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 321(l) 
shall apply to this section. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Fund $12,000,000 
for each of fiscal years 2020 through 2024.’’. 
SEC. 105. ELIGIBILITY OF DISTRICT OF COLUMBIA FOR 
FEDERAL FUNDING UNDER THE COASTAL 
ZONE MANAGEMENT ACT OF 1972. 
Section 304(4) of the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1453(4)) is amended by inserting ‘‘the 
District of Columbia,’’ after ‘‘the term also includes’’. 
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SEC. 106. CLIMATE CHANGE PREPAREDNESS IN THE 
COASTAL ZONE. 
(a) IN GENERAL.—The Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 323. CLIMATE CHANGE ADAPTATION PREPAREDNESS 
AND RESPONSE PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary shall establish, 
consistent with the national policies set forth in section 
303, a coastal climate change adaptation preparedness 
and response program to— 
‘‘(1) provide assistance to coastal States to vol-
untarily develop coastal climate change adaptation 
plans, pursuant to approved management programs 
approved under section 306, to minimize contribu-
tions to climate change and to prepare for and re-
duce the negative consequences that may result from 
climate change in the coastal zone; and 
‘‘(2) provide financial and technical assistance 
and training to enable coastal States to implement 
plans developed pursuant to this section through 
coastal States’ enforceable policies. 
‘‘(b) COASTAL
CLIMATE
CHANGE
ADAPTATION 
PLANNING AND PREPAREDNESS GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary, subject to 
the availability of appropriations, may make a grant 
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to any coastal State for the purpose of developing 
climate change adaptation plans pursuant to guide-
lines issued by the Secretary under paragraph (8). 
‘‘(2) PLAN CONTENT.—A plan developed with a 
grant under this subsection shall include the fol-
lowing: 
‘‘(A) Identification of public facilities and 
public services, working waterfronts, coastal re-
sources of national significance, coastal waters, 
energy facilities, or other land and water uses 
located in the coastal zone that are likely to be 
impacted by climate change. 
‘‘(B) Adaptive management strategies for 
land use to respond or adapt to changing envi-
ronmental conditions, including strategies to 
combat invasive species, protect biodiversity, 
protect water quality, and establish habitat 
buffer zones, migration corridors, and climate 
refugia. 
‘‘(C) Adaptive management strategies for 
ocean-based ecosystems and resources, includ-
ing strategies to plan for and respond to geo-
graphic or temporal shifts in marine resources, 
to create protected areas that will provide cli-
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mate refugia, and to maintain and restore 
ocean ecosystem function. 
‘‘(D) Adaptive management strategies for 
Great Lakes ecosystems and resources, includ-
ing strategies to support freshwater fisheries, 
monitor ice cover, manage phosphorous and ni-
trogen chemical loads, minimize invasive species 
and harmful blooms of algae, and create pro-
tected areas to maintain Great Lakes eco-
systems. 
‘‘(E) Requirements to initiate and main-
tain long-term monitoring of environmental 
change to assess coastal zone adaptation and to 
adjust when necessary adaptive management 
strategies and new planning guidelines to attain 
the policies under section 303. 
‘‘(F) A description of how the plan will ad-
dress the impact of climate change affecting 
coastal communities will have on nearby Tribes, 
Tribal communities, and low-income or low-re-
source communities and how those stakeholders 
will be included in and informed about the de-
velopment of the plan. 
‘‘(G) Other information considered nec-
essary by the Secretary to identify the full 
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range of climate change impacts affecting coast-
al communities. 
‘‘(3) STATE
HAZARD
MITIGATION
PLANS.— 
Plans developed with a grant under this subsection 
shall be consistent with State hazard mitigation 
plans and natural disaster response and recovery 
programs developed under State or Federal law. 
‘‘(4) ALLOCATION.—Grants under this sub-
section shall be available only to coastal States with 
management programs approved by the Secretary 
under section 306 and shall be allocated among such 
coastal States in a manner consistent with regula-
tions promulgated pursuant to section 306(c). 
‘‘(5) PRIORITY.—In the awarding of grants 
under this subsection, the Secretary may give pri-
ority to any coastal State that has received grant 
funding to develop program changes pursuant to 
paragraphs (1), (2), (3), (5), (6), (7), and (8) of sec-
tion 309(a). 
‘‘(6) TECHNICAL ASSISTANCE.—The Secretary 
may provide technical assistance to a coastal State 
consistent with section 310 to ensure the timely de-
velopment of plans supported by grants awarded 
under this subsection. 
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