I 
114TH CONGRESS 
2D SESSION 
H. R. 5277 
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 18, 2016 
Ms. PINGREE (for herself, Mr. WITTMAN, and Mrs. CAPPS) 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) FINDINGS AND PURPOSE.—The Congress finds 
the following: 
‘‘(1) FINDINGS.— 
‘‘(A) Water-dependent commercial activi-
ties are the economic and cultural heart of 
many coastal communities. These activities in-
clude commercial fishing, recreational fishing 
businesses, tourism, aquaculture, boatbuilding, 
transportation, and many other water-depend-
ent businesses. 
‘‘(B) Water-dependent commercial activi-
ties depend on coastal access in the form of— 
‘‘(i) docks, wharfs, boat lifts, wet and 
dry marinas, and boat ramps; 
‘‘(ii) boat hauling, repair, and con-
struction facilities; 
‘‘(iii) commercial fishing facilities; and 
‘‘(iv) other support structures on, 
over, or adjacent to navigable bodies of 
water. 
‘‘(C) The coastal zone of the United States 
is experiencing rising property values and taxes, 
and related development pressure, as more peo-
ple move to the coastal zone and as coastal 
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areas experience a demographic shift favoring 
wealthier individuals. 
‘‘(D) Privately owned access areas for 
water-dependent commercial activity in many 
States are under increasing threat from private 
residential development and other conversion. 
‘‘(E) Loss of access for water-dependent 
commercial activity would have economically 
and culturally devastating consequences for 
many coastal communities. 
‘‘(2) PURPOSE.—The purpose of this section is 
to preserve and protect coastal access for persons 
engaged in water-dependent commercial activities, 
including commercial fishing, recreational fishing 
businesses, aquaculture, boatbuilding, or other 
water-dependent coastal-related businesses. 
‘‘(b) WORKING WATERFRONT TASK FORCE.— 
‘‘(1) ESTABLISHMENT
AND
FUNCTIONS.—The 
Secretary of the Interior shall establish a task force 
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 the Inte-
rior, and shall include— 
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‘‘(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 
Coastal Services Center, the United States Fish 
and Wildlife Service, the Department of Agri-
culture, the Environmental Protection Agency, 
the United States Geological Survey, the Navy, 
the National Marine Fisheries Service, and such 
other Federal agencies as the Secretary con-
siders 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 en-
vironment changes, trade barriers, and 
marketplace variables; and 
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‘‘(iii) identifying working waterfronts 
and highlighting them within communities; 
‘‘(B) outline options to address such crit-
ical needs; 
‘‘(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-
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 
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in the report by not later than 1 year after the date 
of the issuance of the report. 
‘‘(c) 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 (d). 
‘‘(2) Subject to the availability of appropria-
tions, the Secretary shall award matching grants 
under the program to coastal states with approved 
working waterfront plans through a regionally equi-
table, 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 submittal to the Secretary. 
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‘‘(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, agencies, or nongovernment 
organizations eligible for assistance under this 
section. 
‘‘(3) In awarding a grant to a coastal state, the 
Secretary shall consider— 
‘‘(A) the economic and cultural significance 
of working waterfront to the coastal state; 
‘‘(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 (d), 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; 
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‘‘(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; 
‘‘(E) the impact of the working waterfront 
plan approved for the coastal state under sub-
section (d) on the coastal ecosystem and the 
users of the coastal ecosystem; and 
‘‘(F) the extent of the historic connection 
between working waterfronts and the local com-
munities within the coastal state. 
‘‘(4) The Secretary shall approve or reject an 
application for such a grant within 60 days after re-
ceiving an application for the grant. 
‘‘(d) WORKING WATERFRONT PLANS.— 
‘‘(1) To be eligible for a grant under subsection 
(c), 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 
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established working waterfront program at the State 
or local level. 
‘‘(2) Such plan— 
‘‘(A) must provide for preservation and ex-
pansion of access to coastal waters to persons 
engaged in commercial fishing, recreational 
fishing businesses, aquaculture, boatbuilding, or 
other water-dependent, coastal-related business; 
‘‘(B) shall include— 
‘‘(i) an assessment of the economic, 
social, cultural, and historic value of work-
ing 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 cur-
rently under threat of conversion to uses 
incompatible with commercial fishing, rec-
reational fishing businesses, aquaculture, 
boatbuilding, or other water-dependent, 
coastal-related business, and the level of 
that threat; 
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‘‘(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; 
‘‘(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 
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‘‘(ix) a contingency plan for properties 
that revert to the coastal state pursuant to 
determinations made by the coastal state 
under subsection (h)(4)(C); 
‘‘(C) may be part of the management pro-
gram approved under section 306; 
‘‘(D) shall utilize to the maximum extent 
practicable existing information contained in 
relevant surveys, plans, or other strategies to 
fulfill the information requirements under this 
paragraph; and 
‘‘(E) shall incorporate the policies and reg-
ulations adopted by communities under local 
working waterfront plans or strategies in exist-
ence prior to the date of 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 be-
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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 
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 
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