I 
111TH CONGRESS 
1ST SESSION H. R. 2548 
To amend the Coastal Zone Management Act of 1972 to require establishment 
of a Working Waterfront Grant Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2009 
Ms. PINGREE of Maine (for herself, Ms. BORDALLO, Mrs. CAPPS, Mr. 
DELAHUNT, Mr. FARR, Mr. FRANK of Massachusetts, Mr. KENNEDY, 
Mr. KLEIN of Florida, Mr. LANGEVIN, Mr. MCGOVERN, Mr. MCINTYRE, 
Mr. MICHAUD, Mr. MORAN of Virginia, Mr. THOMPSON of California, and 
Mr. WITTMAN) 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 
require establishment of a Working Waterfront 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 of 2009’’. 
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SEC. 2. WORKING WATERFRONT PROGRAM. 
The Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.) is amended by adding at the end 
the following: 
‘‘WORKING WATERFRONT GRANT PROGRAM 
‘‘SEC. 320. (a) FINDINGS AND PURPOSE.— 
‘‘(1) The Congress finds the following: 
‘‘(A) Water-dependent commercial activi-
ties are the economic and cultural heart of 
many coastal communities. These activities in-
clude commercial fishing, recreational fishing, 
tourism, aquaculture, boatbuilding, transpor-
tation, and many other water-dependent busi-
nesses. 
‘‘(B) Water-dependent commercial activi-
ties depend on coastal access in the form of 
docks, wharfs, lifts, wet and dry marinas, boat 
ramps, boat hauling, repair, and construction 
facilities, commercial fishing facilities, and 
other support structures on, over, or adjacent 
to navigable bodies of water. 
‘‘(C) The coastal zone across the United 
States is experiencing rising property values 
and taxes, and related development pressure, as 
more people move to the coastal zone, and as 
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coastal areas experience a demographic shift fa-
voring wealthier citizens. 
‘‘(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) The purpose of this section is to preserve, 
protect, and expand coastal access for persons en-
gaged in water-dependent commercial activities in-
cluding commercial fishing, recreational fishing, 
aquaculture, boatbuilding, or other water-dependent 
coastal-related businesses. 
‘‘(b) 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). 
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‘‘(2) Subject to the availability of appropria-
tions, the Secretary shall award matching grants 
under the program through a regionally equitable, 
competitive funding process. 
‘‘(3) In awarding a grant to an eligible 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 (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 
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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 (c) 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 30 days after re-
ceiving an application for the grant. 
‘‘(c) WORKING WATERFRONT PLANS.— 
‘‘(1) To qualify 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. 
‘‘(2) Such plan— 
‘‘(A) must provide for preservation and ex-
pansion of access to coastal waters to persons 
engaged in commercial fishing, recreational 
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fishing, 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, 
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-
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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) 
for 
areas 
identified 
under 
clauses (iii), (iv) and (v), identification of 
current availability and potential for ex-
pansion of public access to coastal waters; 
‘‘(vii) a strategic and prioritized plan 
for the preservation, expansion, and im-
provement of working waterfronts in the 
coastal state, including reasonable and ap-
propriate provisions for the preservation 
and 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); 
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‘‘(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-
fore the date of enactment of this section or as 
subsequently revised. 
‘‘(4) The Secretary may— 
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‘‘(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) A coastal state is encouraged to— 
‘‘(A) develop a working waterfront plan 
under this subsection, using a process that in-
volves the public and stakeholders; and 
‘‘(B) coordinate development and imple-
mentation of such a plan with other coastal 
management plans, regulations, and activities of 
the coastal state. 
‘‘(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; or 
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‘‘(B) to make improvements to a working 
waterfront, including the construction or repair 
of wharfs, boat ramps, or related facilities. 
‘‘(e) PUBLIC ACCESS REQUIREMENT.—A working 
waterfront project funded by grants made under this sec-
tion must provide for expansion or improvement of reason-
able and appropriate public access to coastal waters at or 
in the vicinity of a working waterfront, except for commer-
cial fishing or other industrial access points where the 
coastal state determines that public access would be un-
safe. 
‘‘(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 
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 
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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 iden-
tified 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 
unit of local government or nonprofit organization. 
‘‘(3) 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 
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. 
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‘‘(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, 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 (2); 
‘‘(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 
‘‘(ii) the coastal state shall have the 
right of immediate entry onto the working 
waterfront. 
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‘‘(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. 
‘‘(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. 
‘‘(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 
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other in-kind contributions donated by a non-govern-
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. 
‘‘(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 be-
fore submission of the application, or within 3 years 
after the submission of the application and before 
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the end of the grant award period. Such value shall 
be determined 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. 
‘‘(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-
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vision of a working waterfront plan and the imple-
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 2010, 
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$50,000,000 for fiscal year 2011, and $75,000,000 for 
each of fiscal years 2012 and 2013. 
‘‘(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-profit 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 fishing, 
recreational fishing business, boatbuilding, aqua-
culture, or other water-dependent coastal-related 
business and is used for, or that supports, commer-
cial fishing, recreational fishing, boatbuilding, aqua-
culture, 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-
fied holders, that provides such assurances as the 
Secretary may require that— 
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‘‘(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-
front is located for use in the implementa-
tion of the working waterfront plan of the 
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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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