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. 
‘‘(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) 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 local government or nonprofit organization. 
‘‘(2) A coastal state or a qualified holder des-
ignated by a coastal state that is the recipient of a 
grant made under this section may allocate to a unit 
of local government, non-profit 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 allocation shall 
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not relieve the coastal state of the responsibility for 
ensuring that any funds so allocated are applied in 
furtherance of the coastal state’s approved working 
waterfront plan. 
‘‘(3) 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, non-profit organiza-
tion, 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 (1); 
‘‘(C) if the coastal state determines, on the 
record after an opportunity for a hearing, that 
the working waterfront covenant has been vio-
lated— 
‘‘(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 
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‘‘(ii) the coastal state shall have the 
right of immediate entry onto the working 
waterfront. 
‘‘(D) If a Coastal State makes a deter-
mination under subparagraph (C), the Coastal 
State may convey or authorize the qualified 
holder to convey the working waterfront or in-
terest in working waterfront to another quali-
fied holder. 
‘‘(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 (e), 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 
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. 
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‘‘(3) 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. 
‘‘(4) 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. 
‘‘(5) 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 be-
fore submission of the application, or within 3 years 
after the submission of the application and before 
the end of the grant award period. Such value shall 
be determined by an appraisal performed at such 
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time before the award of the grant as the Secretary 
considers appropriate. 
‘‘(6) 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 (5), 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 
for planning or administration of the program under this 
section 
‘‘(j) OTHER TECHNICAL
AND FINANCIAL ASSIST-
ANCE.—The Secretary shall–— 
‘‘(1) assist coastal states in identifying and ob-
taining other sources of available Federal technical 
and financial assistance for the development and re-
vision of a working waterfront plan and the imple-
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mentation of an approved working waterfront plan; 
and 
‘‘(2) provide technical assistance to States for 
the development and revision of comprehensive work-
ing waterfront plans, which may include, subject to 
the availability of appropriations, planning grants 
and assistance and feasibility studies. 
‘‘(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. 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section $25,000,000 for fiscal year 2008, 
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