I 
110TH CONGRESS 
1ST SESSION H. R. 2565 
To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to establish a grant program to ensure waterfront access for commercial 
fishermen, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 5, 2007 
Mrs. JO ANN DAVIS of Virginia introduced the following bill; which was 
referred to the Committee on Natural Resources 
A BILL 
To amend the Magnuson-Stevens Fishery Conservation and 
Management Act to establish a grant program to ensure 
waterfront access for commercial fishermen, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Working Waterfront 
Preservation Act of 2007’’. 
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SEC. 2. COMMERCIAL FISHING ACCESS PROTECTION PRO-
GRAM. 
The Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) is amended by 
adding at the end the following new title: 
‘‘TITLE V—GRANTS FOR 
COMMERCIAL FISHING ACCESS 
‘‘SEC. 501. DEFINITIONS. 
‘‘In this title: 
‘‘(1) COASTAL
STATE.—The term ‘Coastal 
State’ has the meaning given the term ‘coastal state’ 
in section 304 of the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1453). 
‘‘(2) COASTAL WATERS.—The term ‘coastal wa-
ters’ has the meaning given that term in section 304 
of the Coastal Zone Management Act of 1971 (16 
U.S.C. 1453). 
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) the government of a Coastal State; 
‘‘(B) a unit of local government within a 
Coastal State; or 
‘‘(C) a nonprofit organization or a fishing 
cooperative that the Secretary determines is ap-
propriate to receive a grant under section 502. 
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‘‘(4) ELIGIBLE
PROJECT.—The term ‘eligible 
project’ means— 
‘‘(A) a project to acquire real property or 
an interest in real property located in a Coastal 
State for the purpose of providing access to 
persons engaged in the commercial fishing in-
dustry or the aquaculture industry to coastal 
waters in working waterfront areas; or 
‘‘(B) a project to make improvements to 
real property located in a Coastal State and 
owned by an eligible entity, including the con-
struction or repair of wharfs or related facili-
ties, to provide access to persons engaged in the 
commercial fishing industry or the aquaculture 
industry to coastal waters in working water-
front areas. 
‘‘(5) FISHING COOPERATIVE.—The term ‘fish-
ing cooperative’ means a fishing or fish marketing 
association organized in a coastal state for the pur-
pose of promoting, fostering, and encouraging fish-
ing or marketing of fish and fishery products 
through cooperation of the members of such associa-
tion and for the benefit of such members as pro-
ducers of such products. 
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‘‘(6) NONPROFIT
ORGANIZATION.—The term 
‘nonprofit organization’ means an organization that 
is— 
‘‘(A) described in section 501(c) of the In-
ternal Revenue Code of 1986; and 
‘‘(B) exempt from taxation under section 
501(a) of the Internal Revenue Code of 1986. 
‘‘(7) STATE
FISHERIES
OFFICIAL.—The term 
‘State fisheries official’ means the principal State of-
ficial with marine fishery management responsibility 
and expertise in a coastal State, who is designated 
as such by the Governor of the State, so long as the 
official continues to hold such position, or the des-
ignee of such official. 
‘‘(8) WORKING
WATERFRONT
AREAS.—The 
term ‘working waterfront areas’ means land that is 
used for, or that supports, commercial fishing or the 
aquaculture industry. 
‘‘SEC. 502. GRANT PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
award a grant to an eligible entity for the purpose of car-
rying out an eligible project. 
‘‘(b) CONSIDERATIONS.—In awarding a grant for an 
eligible project under this section, the Secretary shall con-
sider— 
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‘‘(1) the need for the eligible project based on 
the assessment of need submitted under subsection 
(c)(2)(A); 
‘‘(2) the economic significance of the eligible 
project to the commercial fishing industry or the 
aquaculture industry in the immediate vicinity and 
in the Coastal State in which the eligible project is 
located; 
‘‘(3) the degree of community support for the 
eligible project; 
‘‘(4) the level of threat that the property pro-
posed to be acquired or improved with such grant 
will be converted to uses incompatible with commer-
cial fishing or the aquaculture industry; 
‘‘(5) the utility of the eligible project for com-
mercial fishing or the aquaculture industry, with re-
spect to the natural characteristics and developed in-
frastructure of the property proposed to be acquired; 
‘‘(6) whether a business plan or a harbor plan 
exists for the area in which the project will be lo-
cated and whether the eligible project is consistent 
with such plan; 
‘‘(7) for an eligible project described in section 
501(4)(A), the availability of alternative real prop-
erty or an alternative interest in real property that 
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would ensure that persons engaged in the commer-
cial fishing industry or the aquaculture industry 
have access to coastal waters in working waterfront 
areas; and 
‘‘(8) whether a land use plan exists for the area 
in which the project will be located and whether the 
project is consistent with such plan. 
‘‘(c) APPLICATION AND REVIEW.— 
‘‘(1) IN
GENERAL.—An eligible entity that 
seeks a grant under this section shall submit to the 
appropriate State fisheries official, at such time and 
in such manner as the Secretary shall prescribe, an 
application for the grant. 
‘‘(2) ASSESSMENT
OF
NEED.—An application 
for a grant may be considered by the Secretary if 
the appropriate State fisheries official— 
‘‘(A) prepares an assessment of the need 
for the proposed eligible project, taking into ac-
count— 
‘‘(i) the needs of the commercial fish-
ing industry or the aquaculture industry in 
the State; 
‘‘(ii) the needs of other industries and 
other parties in the area in which the 
project will be located; 
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‘‘(iii) whether alternative sites exist 
for the proposed project; and 
‘‘(iv) the social and cultural value of 
the industries to the affected community 
and State; and 
‘‘(B) submits to the Secretary— 
‘‘(i) the application submitted under 
paragraph (1); and 
‘‘(ii) the assessment of need prepared 
under subparagraph (A). 
‘‘(d) COST SHARING.— 
‘‘(1) IN
GENERAL.—The amount of a grant 
awarded under this section to carry out an eligible 
project may not exceed 75 percent of the total cost 
of the eligible project. 
‘‘(2) ASSURANCES.—As a condition of receipt of 
a grant under this section, an eligible entity shall 
provide to the Secretary such assurances as the Sec-
retary determines are sufficient to demonstrate that 
the share of the cost of each eligible project that is 
not funded by the grant awarded under this section 
has been secured. 
‘‘(3) FORM.—The share of the cost of carrying 
out an eligible project that is not funded by a grant 
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awarded under this section may be provided in cash 
or in kind (including a donation of land). 
‘‘(e) USE
OF
GRANT
FUNDS
FOR
ELIGIBLE 
PROJECTS.— 
‘‘(1) PURCHASES.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), grants awarded under this 
section may be used to purchase privately- 
owned real property or interests in privately- 
owned real property, including easements, only 
from willing sellers at fair market value. 
‘‘(B) SALES AT LESS THAN FAIR MARKET 
VALUE.—A grant awarded under this section 
may be used to acquire privately-owned real 
property or an interest in privately-owned real 
property at less than fair market value only if 
the owner certifies to the Secretary that the 
sale is being entered into willingly and without 
coercion. 
‘‘(C) NO
EXERCISE
OF
EMINENT
DO-
MAIN.—No Federal, State, or local agency may 
exercise the power of eminent domain to secure 
title to any real property or facilities in connec-
tion with a project carried out under this title. 
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‘‘(2) TITLE.—Title to real property or an inter-
est in real property acquired with a grant awarded 
under this section may be held, as determined ap-
propriate by the Secretary in consultation with the 
appropriate Coastal State, by— 
‘‘(A) the Coastal State; 
‘‘(B) a unit of local government of the 
Coastal State; 
‘‘(C) a nonprofit organization; or 
‘‘(D) a fishing cooperative. 
‘‘(f) CONTINUED ACCESS TO COASTAL WATERS.— 
‘‘(1) REQUIREMENT
FOR
AGREEMENT.—The 
Secretary shall enter into an agreement with an eli-
gible entity that receives a grant under this section. 
Such agreement shall require the eligible entity to 
provide the Secretary the assurances that the Sec-
retary determines are appropriate to ensure that the 
eligible project is not converted to a use that is in-
consistent with the purposes for which the grant was 
awarded. 
‘‘(2) REVERSIONARY INTEREST.— 
‘‘(A) IN GENERAL.—If the Governor of a 
Coastal State makes a determination described 
in subparagraph (B), all right, title, and inter-
est in and to the property shall, except as pro-
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vided in subparagraph (C), revert, at the option 
of the Governor, to the Coastal State, and the 
State shall have the right of immediate entry 
onto the property. Any determination of the 
Governor under this paragraph shall be made 
on the record after an opportunity for a hear-
ing. 
‘‘(B) DETERMINATION.—The determina-
tion referred to in subparagraph (A) is a deter-
mination that— 
‘‘(i) the unit of local government or 
nonprofit organization is unable or unwill-
ing to enforce the terms of the easement; 
or 
‘‘(ii) the easement has been modified 
in a manner that is inconsistent with the 
purposes for which the grant was awarded. 
‘‘(C) CONVEYANCE TO ANOTHER UNIT OF 
LOCAL GOVERNMENT OR NONPROFIT ORGANIZA-
TION.—If the Governor of a Coastal State 
makes a determination under subparagraph 
(B), the State may convey or authorize the unit 
of local government or nonprofit organization to 
convey the easement to another unit of local 
government or nonprofit organization. 
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‘‘(g) APPROVAL OR DISAPPROVAL.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
as soon as practicable after the date on which the 
Secretary receives an application under subsection 
(c)(2)(B), the Secretary shall— 
‘‘(A) review the application; and 
‘‘(B)(i) award a grant to the applicant; or 
‘‘(ii) disapprove the application and pro-
vide the applicant a statement that describes 
the reasons why the application was dis-
approved, including a deadline by which the ap-
plicant may resubmit the application. 
‘‘(h) ADMINISTRATIVE COSTS.—A Coastal State, on 
approval of the Secretary and subject to any regulations 
promulgated by the Secretary, may use up to 10 percent 
of the amounts made available under this section to pay 
the administrative costs of the program incurred by the 
Coastal State. 
‘‘(i) TREATMENT
OF PURCHASE PROCEEDS.—For 
purposes of the Internal Revenue Code of 1986, gross in-
come shall not include 50 percent of the gain from the 
sale or exchange of private land or interests in private land 
in purchases described in subsection (e)(1). 
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‘‘SEC. 503. ANNUAL REPORT. 
‘‘The Secretary shall submit to Congress an annual 
report that describes the eligible projects carried out using 
grants awarded under this title.’’. 
SEC. 3. AUTHORIZATION OF APPROPRIATION. 
There are authorized to be appropriated to the Sec-
retary of Commerce $50,000,000 for each of the fiscal 
years 2008, 2009, and 2010 to carry out the provisions 
of title V of the Magnuson-Stevens Fishery Conservation 
and Management Act, as added by section 2. 
Æ 
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