I 
117TH CONGRESS 
1ST SESSION H. R. 3160 
To amend the Coastal Zone Management Act of 1972 to establish a Working 
Waterfront Task Force and a working waterfronts grant program, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2021 
Ms. PINGREE (for herself, Mr. WITTMAN, Mr. HUFFMAN, Mr. KILMER, Mrs. 
LURIA, Mr. CARBAJAL, Mr. PALLONE, and Mr. KEATING) introduced the 
following bill; which was referred to the Committee on Natural Resources 
A BILL 
To amend the Coastal Zone Management Act of 1972 to 
establish a Working Waterfront Task Force and a work-
ing waterfronts grant program, 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 ‘‘Keep America’s Water-
fronts Working Act’’. 
SEC. 2. 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: 
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‘‘SEC. 320. 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. 
‘‘(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 
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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; 
‘‘(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-
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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 
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 
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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-
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, Indian Tribes, agencies, or 
nongovernmental organizations eligible for as-
sistance 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; 
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‘‘(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; 
‘‘(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. 
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‘‘(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-
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; 
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‘‘(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-
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; 
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‘‘(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 
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 
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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. 
‘‘(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 
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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— 
‘‘(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. 
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‘‘(2) A grant under this section may be used— 
‘‘(A) to acquire a working waterfront, or 
an interest in a working waterfront; 
‘‘(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 
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only if the owner certifies to the Secretary that the 
sale is being entered into willingly and without coer-
cion. 
‘‘(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 
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local government, nongovernmental organization, 
fishing cooperative, or other entity, a portion of any 
grant made under this section for the purpose of 
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— 
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‘‘(i) all right, title, and interest in and 
to the working waterfront covered by such 
covenant shall, except as provided in sub-
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. 
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‘‘(2) The Secretary may waive the application 
of paragraph (1) for any qualified holder that is an 
underserved community, a community that has an 
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. 
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‘‘(6) The Secretary shall treat as non-Federal 
match the value of a working waterfront or interest 
in a working waterfront, including conservation and 
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. 
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‘‘(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 
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 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, 
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feasibility studies, research, and other projects 
necessary to further the purposes of this sec-
tion; 
‘‘(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. 
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‘‘(2) The Secretary may submit the biennial re-
port under paragraph (1)(B) by including it in the 
biennial report required under section 316. 
‘‘(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-
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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 
coastal State in which the working water-
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