Keep America's Waterfronts Working Act of 2011 - Amends the Coastal Zone Management Act of 1972 to direct the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration (NOAA), to establish a Working Waterfront Grant Program to award matching grants, through a regionally equitable, competitive funding process, to coastal states with approved working waterfront plans to preserve and expand access to coastal waters for persons engaged in commercial fishing, recreational fishing businesses, aquaculture, boatbuilding, or other water-dependent coastal-related business.
Allows such states to allocate grants to eligible local governments, agencies, or nongovernment organizations.
Authorizes the Secretary to award planning grants to coastal states to develop or revise comprehensive working waterfront plans.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3109 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3109
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
October 5, 2011
Ms. Pingree of Maine (for herself, Mr. Andrews, Mr. Blumenauer, Ms.
Bordallo, Mrs. Capps, Mrs. Christensen, Mr. Connolly of Virginia, Mr.
Farr, Mr. Filner, Mr. Keating, Ms. Lee of California, Mr. McIntyre, Mr.
Moran, Mr. Pierluisi, Mr. Quigley, Ms. Slaughter, Mr. Tonko, and Ms.
Woolsey) 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep America's Waterfronts Working
Act of 2011''.
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 activities are the
economic and cultural heart of many coastal
communities. These activities include commercial
fishing, recreational fishing businesses, tourism,
aquaculture, boatbuilding, transportation, and many
other water-dependent businesses.
``(B) Water-dependent commercial activities 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 coastal areas experience a
demographic shift favoring 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 engaged in water-
dependent commercial activities including commercial fishing,
recreational fishing businesses, 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 appropriate State, regional,
and other units of government, 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)(A) Subject to the availability of appropriations, the
Secretary shall award matching grants under the program to
coastal states with approved working waterfront plans through a
regionally equitable, competitive funding process in accordance
with the following:
``(i) The Governor, or the lead agency designated
by the Governor for coordinating the implementation of
this section, where appropriate in consultation with
the appropriate local government, shall determine that
the application is consistent with the State's or
territory's approved coastal zone plan, program, and
policies prior to submittal to the Secretary.
``(ii) In developing guidelines under this section,
the Secretary shall consult with coastal states, other
Federal agencies, and other interested stakeholders
with expertise in working waterfront planning.
``(iii) 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 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, corporations, 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 existing or
potential working waterfront 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 subsection (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 communities within
the coastal state.
``(4) The Secretary shall approve or reject an application
for such a grant within 60 days after receiving 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 established working waterfront program at the State or
local level.
``(2) Such plan--
``(A) must provide for preservation and expansion
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 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 incompatible with
commercial fishing, recreational fishing
businesses, 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
waterfronts where working waterfronts are not
currently available, and, where appropriate, an
assessment of the environmental impacts of any
expansion or new development of working
waterfronts on the coastal ecosystem;
``(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 improvement of
working waterfronts in the coastal state;
``(vii) for areas identified under clauses
(iii), (iv), (v), and (vi), identification 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 be part of the management program
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
regulations adopted by communities under local working
waterfront plans or strategies in existence prior to
the date of enactment of this section.
``(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 incorporate the
policies and objectives of regional or local working
waterfront plans as in effect before 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 purposes of
this section to States undertaking the working
waterfront planning process under this section, for the
purpose of preserving and protecting 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 implementation of
such a plan with other coastal management 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 duties to enforce the working
waterfront covenant.
``(d) Uses, Terms, and Conditions.--
``(1) Each grant made by the Secretary under this section
shall be subject to such terms and conditions 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
``(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 section must provide for expansion or
improvement 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.--
``(1) Except as provided in paragraph (2), a grant awarded
under this section may be used to purchase working waterfront
or an interest in working 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 coercion.
``(3) No Federal, State, or local entity may exercise 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 Governments 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 unit of State or local
government or nongovernment organization, if the coastal state
is ultimately responsible for ensuring that the property will
be managed in a manner that is consistent with the purposes for
which the land entered into the program.
``(3) A coastal state or a qualified holder designated by a
coastal state may allocate to a unit of local government,
nongovernmental 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.
``(4) A qualified holder may hold title to or interest 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, nonprofit organization, 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 violated--
``(i) all right, title, and interest in and
to the working waterfront covered by such
covenant shall, except as provided in
subparagraph (D), revert to the coastal state;
and
``(ii) the coastal state shall have the
right of immediate entry onto the working
waterfront.
``(D) If a coastal state makes a determination
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 subsection (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
community, or for other reasons the Secretary considers
appropriate.
``(3) A local community designated as a qualified holder
under subsection (g) may utilize funds or other in-kind
contributions donated by a nongovernmental partner to satisfy
the matching funds requirement under this subsection.
``(4) As a condition of receipt of a grant under this
section, the Secretary shall require that a coastal state
provide to the Secretary such assurances as the Secretary
determines are sufficient to demonstrate 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 applicable 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 interest is identified in the application for the
grant and acquired by the qualified holder within 3 years of
the grant award date, 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 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 waterfront, 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 paragraph (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 Secretary under this section may be used by
the Secretary for planning or administration of the program under this
section.
``(j) Other Technical and Financial Assistance.--
``(1) Up to 5 percent of the funds appropriated under this
section may be used by the Secretary for purposes of providing
technical assistance as described in this subsection.
``(2) The Secretary shall--
``(A) provide technical assistance to coastal
states and local governments in identifying and
obtaining other sources of available Federal technical
and financial assistance for the development and
revision of a working waterfront plan and the
implementation of an approved working waterfront plan;
``(B) provide technical assistance to States and
local governments for the development, implementation,
and revision of comprehensive working waterfront plans,
which may include, subject to the availability of
appropriations, planning grants and assistance, pilot
projects, feasibility studies, and other projects
necessary to further the purposes of this section;
``(C) assist States in developing other tools to
protect working waterfronts; and
``(D) collect and disseminate to States guidance
for best storm water management practices in regards to
working waterfronts.
``(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 report 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 2012, $50,000,000 for fiscal year 2013, and $75,000,000 for
each of fiscal years 2014 and 2015.
``(m) Definitions.--In this section:
``(1) The term `qualified holder' means a coastal state or
a unit of local or coastal state government or a non-State
organization designated by a coastal state under subsection
(g).
``(2) The term `Secretary' means the Secretary, acting
through the National Oceanic and Atmospheric 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 businesses,
boatbuilding, aquaculture, or other water-dependent, coastal-
related business and is used for, or that supports, commercial
fishing, recreational fishing businesses, boatbuilding,
aquaculture, 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 qualified holders, that provides
such assurances as the Secretary may require that--
``(A) the title to or interest in the working
waterfront will be held by a grant recipient or
qualified holder in perpetuity, except as provided in
subparagraph (C);
``(B) the working waterfront will be managed 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 working
waterfront is sold or otherwise exchanged--
``(i) all working waterfront owners and
qualified holders involved in such sale or
exchange shall accede to such agreement; 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 exchange,
and such funds shall, at the discretion of the
Secretary, be paid to the coastal state in
which the working waterfront is located for use
in the implementation of the working waterfront
plan of the State approved by the Secretary
under this section; and
``(D) such covenant is subject to enforcement and
oversight by the coastal state or by another person as
determined appropriate by the Secretary.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H6568, E1768)
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
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