II 118th CONGRESS 1st Session S. 3180 IN THE SENATE OF THE UNITED STATES November 1, 2023 Ms. Collins (for herself and Mr. Reed ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a working waterfronts grant program.

1. Short title This Act may be cited as the Working Waterfront Preservation Act . 2. Working waterfront access protection grant program (a) Definitions In this section: (1) Boat The term boat means a watercraft that is not built in a shipyard, and is typically of the type suitable or intended for personal use or for use in a fishery. (2) Boatbuilding industry The term boatbuilding industry means an industry primarily engaged in building boats. (3) Coastal waters The term coastal waters means— (A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes; and (B) in other areas, those waters, adjacent to the shorelines, which contain a measurable quantity or percentage of sea water, including sounds, bays, lagoons, bayous, ponds, and estuaries. (4) Eligible entity The term eligible entity means— (A) the government of a coastal State; (B) a unit of local government within a coastal State; (C) a nonprofit organization that the Secretary determines is appropriate to receive a grant under subsection (b); or (D) a participant in the commercial fishing industry, the aquaculture industry, or the for-hire recreational fishing industry. (5) Eligible project The term eligible project means a project— (A) to— (i) make improvements to real property that is a working waterfront area located in a coastal State and owned by an eligible entity, including— (I) the construction or repair of wharfs or related facilities; (II) the provision of access to coastal waters in working waterfront areas to persons engaged in the commercial fishing industry, the aquaculture industry, the for-hire recreational fishing industry, or the boatbuilding industry; and (III) improvements made to such property in order to be resilient to climate change; or (ii) permanently designate or otherwise protect real property owned or operated by an eligible entity as a working waterfront area; (B) that has been approved or endorsed by the State government entity responsible for fishery management or the State’s coastal zone management agency; and (C) that is consistent with State coastal shoreline access laws (including regulations). (6) Nonprofit organization The term nonprofit organization means an organization that is— (A) described in section 501(c) of the Internal Revenue Code of 1986; and (B) exempt from taxation under section 501(a) of the Internal Revenue Code of 1986. (7) Secretary The term Secretary means the Secretary of Commerce. (8) Working waterfront area The term working waterfront area means land that is used for, or that supports, the commercial fishing industry, the aquaculture industry, the for-hire recreational fishing industry, or the boatbuilding industry. (b) Grant program authorized (1) In general The Secretary, acting through the Economic Development Administration of the Department of Commerce, shall award grants, on a competitive basis, to eligible entities to carry out eligible projects that support the commercial fishing industry, the aquaculture industry, the for-hire recreational fishing industry, or the boatbuilding industry in coastal States. (2) Application An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (3) Grant selection considerations In selecting eligible entities to receive grants under this section, the Secretary shall give substantial weight to— (A) the economic significance of the eligible project to the commercial fishing industry, the aquaculture industry, the for-hire recreational fishing industry, or the boatbuilding industry in the immediate vicinity and in the coastal State in which the eligible project is located; (B) whether other adequate waterfront access alternatives exist for the commercial fishing industry within the community in which the eligible entity seeks to use grant funding; (C) the utility of the eligible project for use in the commercial fishing industry, the aquaculture industry, the for-hire recreational fishing industry, or the boatbuilding industry, with respect to the natural characteristics and developed infrastructure of the relevant property; (D) whether the applicant has a business plan for the area in which the project will be located; (E) the likelihood that the working waterfront area will remain compatible with commercial fishing, aquaculture, for-hire recreational fishing, or boatbuilding, and the applicant’s ability to demonstrate a need for, or support for, the project within the community; and (F) whether the applicant intends to permanently protect the relevant property. (c) Cost sharing The amount of a grant awarded under this section to carry out an eligible project may not exceed 50 percent of the total cost of the eligible project. (d) Use of grant funds for eligible projects (1) Improved or protected property (A) In general Grants awarded under this section may be used to improve or protect privately owned real property or interests in privately owned real property, including easements, only from willing owners. (B) No exercise of eminent domain No Federal, State, or local agency may exercise the power of eminent domain to secure title to any real property or facilities in connection with a project carried out under this Act. (e) Annual report The Secretary shall submit to Congress an annual report that describes the eligible projects funded with grants awarded under this section. (f) Authorization of appropriations There are authorized to be appropriated to carry out this Act $20,000,000 for each of the fiscal years 2024 through 2028.