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 
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 
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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, and other projects necessary 
to further the purposes of this section; 
‘‘(C) assist States in developing other tools 
to protect working waterfronts; and 
‘‘(D) collect and disseminate to States 
guidance for best storm water management 
practices in regards to working waterfronts. 
‘‘(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 
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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. 
‘‘(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, boat-
building, aquaculture, or other water-dependent, 
coastal-related business. 
‘‘(4) The term ‘working waterfront covenant’ 
means an agreement in recordable form between the 
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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 
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 
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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 
‘‘(D) such covenant is subject to enforce-
ment and oversight by the coastal state or by 
another person as determined appropriate by 
the Secretary.’’. 
Æ 
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