IB 
Union Calendar No. 238 
116TH CONGRESS 
1ST SESSION H. R. 3596 
[Report No. 116–295] 
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 
JUNE 28, 2019 
Ms. PINGREE (for herself, Mr. WITTMAN, Mr. HUFFMAN, Mr. ROUDA, Mr. 
CARBAJAL, and Mr. KEATING) introduced the following bill; which was 
referred to the Committee on Natural Resources 
NOVEMBER 15, 2019 
Additional sponsors: Mr. CASE, Mr. GOLDEN, Mrs. LURIA, Mr. PALLONE, Mr. 
KILMER, Miss GONZA´LEZ-COLO´N of Puerto Rico, and Ms. GABBARD 
NOVEMBER 15, 2019 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 28, 2019] 
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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: 
‘‘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 critical 
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, social, 
cultural, ecological, geographic, and resource 
concerns of working waterfronts; and 
‘‘(B) representatives from the National Oce-
anic and Atmospheric Administration’s Office of 
Coastal Management, the United States Fish and 
Wildlife Service, the Department of Agriculture, 
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the 
Environmental 
Protection 
Agency, 
the 
United States Geological Survey, the Navy, the 
National Marine Fisheries Service, 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; 
‘‘(ii) 
changing 
environments 
and 
threats working waterfronts face from envi-
ronment 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; 
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‘‘(C) identify Federal agencies that are re-
sponsible under existing law for addressing such 
critical needs; and 
‘‘(D) recommend Federal agencies best suit-
ed 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 force 
shall submit a report to Congress on its findings. 
‘‘(6) IMPLEMENTATION.—The head of each Fed-
eral agency identified in the report pursuant to para-
graph (3)(C) shall take such action as is necessary to 
implement the recommendations contained in the re-
port 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-
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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 des-
ignated by the Governor for coordinating the im-
plementation of this section, where appropriate 
in consultation with the appropriate local gov-
ernment, shall determine that the application is 
consistent with the State’s or territory’s ap-
proved coastal zone plan, program, and policies 
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 wa-
terfront planning. 
‘‘(C) Coastal States may allocate grants to 
local governments, agencies, or nongovernmental 
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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 coastal 
State; 
‘‘(B) the demonstrated working waterfront 
needs of the coastal State as outlined by a work-
ing waterfront plan approved for the coastal 
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 properties in ex-
isting or potential working waterfront areas or 
public access areas as identified in the working 
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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 ap-
plication for such a grant within 60 days after receiv-
ing 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 waterfront 
plan in accordance with this subsection, or be in the 
process of developing such a plan and have an estab-
lished working waterfront program at the State or 
local level, or the Secretary determines that an exist-
ing coastal land use plan for that State is in accord-
ance with this subsection. 
‘‘(2) Such plan— 
‘‘(A) must provide for preservation and ex-
pansion of access to coastal waters to persons en-
gaged in commercial fishing, recreational fishing 
and 
boating 
businesses, 
aquaculture, 
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boatbuilding, or other water-dependent, coastal- 
related business; 
‘‘(B) shall include one or more of— 
‘‘(i) an assessment of the economic, so-
cial, cultural, and historic value of working 
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 currently 
under threat of conversion to uses incompat-
ible with commercial and recreational fish-
ing, recreational fishing and boating busi-
nesses, 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 appropriate, 
an assessment of the environmental impacts 
of any expansion or new development of 
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working waterfronts on the coastal eco-
system; 
‘‘(v) identification of other working 
waterfront needs including improvements to 
existing working waterfronts and working 
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 
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-
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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 ful-
fill the information requirements under this 
paragraph; and 
‘‘(F) shall incorporate the policies and regu-
lations adopted by communities under local 
working waterfront plans or strategies in exist-
ence before the date of the enactment of this sec-
tion. 
‘‘(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 before 
the date of enactment of this section or as subse-
quently revised. 
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‘‘(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 process. 
‘‘(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 implemen-
tation of such a plan with other coastal manage-
ment programs, regulations, and activities 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 
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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; 
‘‘(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 wa-
terfront project funded by grants made under this section 
must provide for expansion, improvement, or preservation 
of reasonable and appropriate public access to coastal 
waters at or in the vicinity of a working waterfront, except 
for commercial fishing or other industrial access points 
where the coastal State determines that public access would 
be unsafe. 
‘‘(f) LIMITATIONS.— 
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‘‘(1) Except as provided in paragraph (2), a 
grant awarded under this section may be used to pur-
chase working waterfront or an interest in working 
waterfront, including an easement, only from a will-
ing 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. 
‘‘(3) No Federal, State, or local entity may exer-
cise 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 waterfronts identified in 
working waterfront plans approved 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 
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