[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3180 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3180
To establish a working waterfronts grant program.
_______________________________________________________________________
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.
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 ``Working Waterfront Preservation
Act''.
SEC. 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.
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