[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1808 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1808
To amend the Coastal Zone Management Act of 1972 to establish a working
waterfronts Task Force and working waterfronts grant and loan programs,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2025
Ms. Pingree (for herself, Mr. Wittman, Mr. Golden of Maine, Mr. Peters,
Mr. Tonko, Mr. Carbajal, Mr. Magaziner, Ms. Tokuda, Ms. Brown, Mr.
Carter of Louisiana, and Mr. Amo) 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
waterfronts Task Force and working waterfronts grant and loan programs,
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 2025''.
SEC. 2. WORKING WATERFRONTS.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by inserting after section 306A (16 U.S.C. 1455a) the
following:
``SEC. 306B. WORKING WATERFRONTS.
``(a) Task Force.--
``(1) In general.--The Secretary shall establish a task
force to work directly with covered entities, users of working
waterfronts, and coastal stakeholders to identify and address
critical needs with respect to working waterfronts.
``(2) Membership.--The Secretary shall appoint members of
the Task Force, and shall include--
``(A) experts in the unique economic, social,
cultural, ecological, geographic, and resource concerns
of working waterfronts; and
``(B) representatives from--
``(i) the Office of Coastal Management of
the National Oceanic and Atmospheric
Administration;
``(ii) the United States Fish and Wildlife
Service;
``(iii) the Department of Agriculture;
``(iv) the Environmental Protection Agency;
``(v) the United States Geological Survey;
``(vi) the Department of the Navy;
``(vii) the National Marine Fisheries
Service;
``(viii) the Economic Development
Administration;
``(ix) such other Federal agencies as the
Secretary determines appropriate;
``(x) Indian Tribes; and
``(xi) Native Hawaiian organizations.
``(3) Functions.--The Task Force shall--
``(A) identify and prioritize critical needs with
respect to working waterfronts in coastal states that
have a management program approved under section 306,
in the areas of--
``(i) economic and cultural importance of
such working waterfronts to communities;
``(ii) changing circumstances and threats
such working waterfronts face from trade
barriers and environmental changes, including
sea level rise, extreme weather events, ocean
acidification, and harmful algal blooms; and
``(iii) identifying such working
waterfronts and highlighting them within
communities;
``(B) outline options, in consultation with coastal
states and coastal stakeholders, to address each
critical need identified under subparagraph (A),
including adaptation and mitigation options where
applicable;
``(C) identify which Federal agency is responsible
for addressing each critical need identified under
subparagraph (A); and
``(D) recommend which Federal agency is best suited
to address each critical need identified under
subparagraph (A) for which no responsible Federal
agency is identified under subparagraph (C).
``(4) Report.--Not later than 18 months after the date of
the enactment of this section, the Task Force shall submit to
Congress a report regarding the findings of the Task Force
under this subsection.
``(5) Implementation.--Not later than 30 months after the
date of the enactment of this section, the head of each Federal
agency identified under paragraph (3)(C) shall, to the extent
practicable and subject to the availability of appropriations,
implement the options outlined under paragraph (3)(B).
``(b) Working Waterfronts Plan.--
``(1) In general.--A covered entity may submit to the
Secretary a working waterfronts plan for approval under this
subsection, which, as applicable and with respect to the
covered entity--
``(A) shall--
``(i) provide for the preservation and
expansion of access to coastal waters by
coastal users;
``(ii) be complementary to and incorporate
the policies, objectives, and regulations of
regional and local working waterfronts plans or
strategies in effect before the date of the
enactment of this section;
``(iii) be developed through a process
that--
``(I) ensures the involvement of
coastal stakeholders; and
``(II) is consistent with other
coastal management programs,
regulations, and activities of the
covered entity;
``(iv) designate each qualified holder of
the covered entity, if any;
``(v) if the covered entity designates a
qualified holder under clause (iv)--
``(I) ensure that such qualified
holder complies with the duty of a
qualified holder to enforce each
working waterfront covenant to which
the qualified holder is a party; and
``(II) certify that the covered
entity retains the responsibility to
ensure that each affected working
waterfront is managed in a manner that
is consistent with the working
waterfronts plan of the covered entity;
and
``(vi) include--
``(I) an assessment of the
economic, social, cultural, and
historical value of working
waterfronts;
``(II) a description of any
relevant non-Federal laws and
regulations that affect working
waterfronts in the geographic areas
identified under subclauses (III) and
(IV);
``(III) an identification of
geographic areas where working
waterfronts are, as of the date of the
enactment of this subsection, under
threat of conversion to uses
incompatible with commercial and
recreational fishing, recreational
fishing and boating businesses,
aquaculture, boatbuilding, or other
water-dependent, coastal-related
business, and the level of that threat;
``(IV) an identification of
geographic areas with a historical
connection to working waterfronts where
working waterfronts are not, as of the
date of the enactment of this section,
available, and, where appropriate, an
assessment of the environmental impacts
of any expansion or new development of
working waterfronts on the coastal
ecosystems of such geographic areas;
``(V) an identification of
additional working waterfronts needs,
including improvements to existing
working waterfronts;
``(VI) a strategic and prioritized
plan for the preservation, expansion,
and improvement of each relevant
working waterfront;
``(VII) for geographic areas
identified under subclauses (III) and
(IV), an identification of the current
availability and potential for
expansion of public access to coastal
waters in such geographic areas;
``(VIII) a description of the
degree of community support for the
plan included under subclause (VI); and
``(IX) a contingency plan for any
property that reverts to the covered
entity pursuant to a determination made
by the covered entity under subsection
(c)(11)(B); and
``(B) may--
``(i) be developed using existing
information contained in relevant surveys,
plans, or other documents to fulfill the
information requirements under this paragraph;
``(ii) include a vulnerability assessment,
hazards resilience plan, or identification of
waterfront properties exposed to sea level rise
or inundation; and
``(iii) be part of a management program
approved under section 306.
``(2) Duration of approval.--
``(A) In general.--A working waterfronts plan
approved by the Secretary under this subsection shall
be effective during the 5-year period beginning on the
date of such approval.
``(B) Maintenance of approval.--An eligible covered
entity that participates in the grant program on the
basis of an approved working waterfronts plan of that
eligible covered entity shall resubmit such working
waterfronts plan for approval by the Secretary before
the end of each 5-year period described in subparagraph
(A).
``(c) Working Waterfronts Grant Program.--
``(1) In general.--The Secretary shall, in consultation
with covered entities, Federal agencies the Secretary
determines appropriate, and interested coastal stakeholders
with expertise in working waterfronts planning, establish a
regionally equitable and competitive grant program, to be known
as the `Working Waterfronts Grant Program'.
``(2) Uses.--The Secretary may award grants under this
subsection to eligible covered entities--
``(A) to implement or revise an approved working
waterfronts plan of such eligible covered entity,
including--
``(i) acquiring a working waterfront or an
interest in a working waterfront;
``(ii) making improvements to a working
waterfront, including constructing or repairing
wharfs, boat ramps, or related facilities; or
``(iii) carrying out necessary climate
adaptation mitigation activities for a working
waterfront; or
``(B) to develop a working waterfronts plan of such
eligible covered entity under subsection (b).
``(3) Application.--
``(A) In general.--To be eligible for a grant under
this subsection, an eligible covered entity shall
submit an application to the Secretary--
``(i) that, if applicable, is consistent
with the management program of the eligible
covered entity approved under section 306; and
``(ii) in such form, at such time, and
containing such information as the Secretary
determines appropriate.
``(B) Deadline.--Not later than 60 days after the
date on which the Secretary receives an application for
a grant under this paragraph, the Secretary shall
approve or reject such application.
``(4) Guidelines.--The Secretary shall, in consultation
with the entities described in paragraph (1), issue guidelines
regarding the implementation of the grant program.
``(5) Criteria.--In awarding a grant to an eligible covered
entity, the Secretary shall take into account the following
criteria:
``(A) The economic, cultural, and historical
significance of working waterfronts to the eligible
covered entity.
``(B) The demonstrated working waterfronts needs of
the eligible covered entity, as described in the
approved working waterfronts plan of the eligible
covered entity, if any.
``(C) The ability of the eligible covered entity to
meet the matching requirement under paragraph (10).
``(D) The potential for rapid turnover in the
ownership of relevant working waterfronts, and, if
applicable, the need for the eligible covered entity to
respond quickly when property in an existing or
potential working waterfront area or public access
area, as identified in the approved working waterfronts
plan of the eligible covered entity, if any, comes
under threat of conversion to incompatible uses or
becomes available for purchase.
``(E) As applicable, the impact of the approved
working waterfronts plan of the eligible covered
entity, if any, on the coastal ecosystem and working
waterfronts of the eligible covered entity and the
users of the coastal ecosystem of the eligible covered
entity.
``(6) Other technical and financial assistance.--
``(A) In general.--Upon the request of an eligible
covered entity that is awarded a grant under this
subsection, the Secretary shall provide to such
eligible covered entity technical assistance--
``(i) to identify and obtain sources of
Federal technical or financial assistance other
than that provided under this subsection to
develop a working waterfronts plan for approval
under subsection (b) or to implement or revise
an approved working waterfronts plan;
``(ii) to develop a working waterfronts
plan for approval under subsection (b);
``(iii) to implement or revise an approved
working waterfronts plan;
``(iv) to integrate resilience planning
into working waterfronts preservation efforts
of such eligible covered entity;
``(v) to develop additional tools to
protect working waterfronts;
``(vi) regarding guidance for best storm
water management practices with regard to
working waterfronts; or
``(vii) to collect and disseminate best
practices regarding working waterfronts and
resilience planning.
``(B) Limitation.--The Secretary may use not more
than 5 percent of the amounts made available under this
subsection in each fiscal year to provide technical
assistance under this paragraph.
``(7) Public access requirement.--A project carried out
with a grant awarded under this subsection, other than a
project that involves commercial fishing or other industrial
access points to which the eligible covered entity determines
public access would be unsafe, shall provide for the expansion,
improvement, or preservation of reasonable and appropriate
public access to coastal waters at or in the vicinity of
working waterfronts.
``(8) Limitation on acquisition.--An eligible covered
entity that is awarded a grant under this subsection, or any
entity to which such eligible covered entity allocates a
portion of such grant under paragraph (9), may use such grant
award to acquire title to or an interest in a working
waterfront, including an easement, only--
``(A) for fair market value from a willing seller;
or
``(B) for less than fair mark