[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4800 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4800
To designate certain communities as resilient waterfront communities,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2024
Ms. Baldwin introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To designate certain communities as resilient waterfront communities,
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 ``Waterfront Community Revitalization
and Resiliency Act of 2024''.
SEC. 2. WORKING WATERFRONTS.
(a) In General.--Part C of subtitle V of title 46, United States
Code, is amended by adding after chapter 543 the following:
``CHAPTER 544--WATERFRONT COMMUNITIES
``Sec.
``54401. Definitions.
``54402. Purpose.
``54403. Resilient waterfront communities designation.
``54404. Resilient waterfront communities network.
``Sec. 54401. Definitions
``In this chapter:
``(1) Blue economy.--The term `blue economy' means
industries related to the Great Lakes, oceans, bays, estuaries,
and coasts in the economy of the United States, including
living resources, marine construction, marine transportation,
offshore energy development and siting, including for renewable
energy, offshore mineral production, ship- and boat-building,
tourism, recreation, subsistence, commercial, recreational, and
charter fishing, seafood processing, and other fishery-related
businesses, aquaculture (such as kelp and shellfish), and other
industries the Secretary of Commerce considers appropriate.
``(2) Covered entity.--The term `covered entity' means the
following:
``(A) A State.
``(B) A political subdivision of a State, or a
local government.
``(C) A public agency or publicly chartered
authority established by 1 or more States.
``(D) A special purpose district with a
transportation function.
``(E) An Indian Tribe or a Native Hawaiian
organization.
``(F) A multistate or multijurisdictional group of
entities described in subparagraphs (A) through (E).
``(G) A lead entity described in subparagraphs (A)
through (F), jointly with an additional entity or group
of entities that may include--
``(i) a nonprofit organization with
relevant expertise;
``(ii) an institution of higher education
(as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)); or
``(iii) a private entity.
``(3) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(4) Native hawaiian organization.--The term `Native
Hawaiian organization' has the meaning given the term under
section 6207 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7517).
``(5) Port.--The term `port' means--
``(A) any port on the navigable waters of the
United States; and
``(B) any harbor, marine terminal, or other shore
side facility used principally for the movement of
goods on inland waters.
``(6) Project.--The term `project' means construction,
reconstruction, environmental rehabilitation, acquisition of
property, including land related to the project and
improvements to the land, equipment acquisition, and
operational improvements.
``(7) Resilient.--The term `resilient' means the ability to
anticipate, prepare for, adapt to, withstand, respond to, and
recover from operational disruptions including disruptions
caused by natural or manmade hazards or extreme weather events.
``(8) Resilient waterfront community.--The term `resilient
waterfront community' means a resilient waterfront community
designated under section 54403.
``(9) Working waterfront.--The term `working waterfront'
means real property (including support structures over water
and other facilities) that provides access to coastal and Great
Lakes waters to persons engaged in commercial and recreational
fishing, recreational fishing and boating businesses,
boatbuilding, aquaculture, or other water-dependent, coastal-
related business and is used for, or that supports, commercial
and recreational fishing, recreational fishing and boating
businesses, boatbuilding, aquaculture, or other water-
dependent, coastal-related business and recreation.
``Sec. 54402. Purpose
``The purpose of this chapter is to promote the recognition and
support of resilient waterfront communities so that such communities
may support working waterfronts, resilience, economic development, port
infrastructure, natural infrastructure, coastal activities, public
access, the associated blue economy, and related projects.
``Sec. 54403. Resilient waterfront communities designation
``(a) Designation as Resilient Waterfront Communities.--
``(1) In general.--
``(A) Designation.--Subject to paragraphs (2) and
(3), the Secretary of Commerce (referred to in this
section as the `Secretary'), in coordination with the
Secretary of Transportation, shall designate certain
communities that submit a plan to the Secretary as
`resilient waterfront communities', based on the extent
to which the community plan meets the criteria
described in subsection (b).
``(B) Eligible communities.--A community shall be
eligible to be designated under subparagraph (A) if it
is a local government, an Indian Tribe, or a Native
Hawaiian community that operates in an area with a
working waterfront that is bound in part by--
``(i) at least one of the Great Lakes; or
``(ii) the ocean.
``(2) Collaboration.--In carrying out this section, the
Secretary shall work with the Secretary of Transportation and
the heads of other Federal agencies, as the Secretary
determines necessary.
``(3) Engagement.--In carrying out this section, the
Secretary shall engage with Indian Tribes and Native Hawaiian
communities.
``(4) Technical assistance.--In carrying out this section,
the Secretary shall provide technical assistance to communities
seeking to be designated as a resilient waterfront community.
Technical assistance shall include--
``(A) providing information about relevant programs
under sections 25010 and 21205 of the Infrastructure
Investment and Jobs Act (49 U.S.C. 102 note; 116 note;
Public Law 117-58);
``(B) providing information about relevant grants;
``(C) providing information about best practices;
``(D) providing copies of relevant studies and
research; and
``(E) other support, as determined by the
Secretary.
``(b) Resilient Waterfront Community Plan.--A community seeking to
be designated as a resilient waterfront community shall submit a
resilient waterfront community plan to the Secretary. Such plan shall
be a community-driven vision and plan that is developed--
``(1) voluntarily at the discretion of the community--
``(A) to respond to local needs; or
``(B) to take advantage of new water-oriented
opportunities;
``(2) with the leadership of the relevant governmental
entity, Indian Tribe, or Native Hawaiian community, and with
the active participation of--
``(A) community residents;
``(B) utilities; and
``(C) interested business and nongovernmental
stakeholders;
``(3) as a new document or by amending or compiling
community planning documents, as necessary, at the discretion
of the Secretary;
``(4) to address economic competitive strengths; and
``(5) to complement and incorporate the objectives and
recommendations of applicable regional economic plans.
``(c) Components of a Resilient Waterfront Community Plan.--A
resilient waterfront community plan shall--
``(1) consider all, or a portion of, the relevant
waterfront area and adjacent land and water to which the
waterfront is connected ecologically, economically, or through
local governmental or Tribal boundaries; and
``(2) describe a vision and plan for the community to be
developed or preserved as a vital and resilient waterfront
community, integrating consideration of--
``(A) the economic opportunities resulting from
water proximity and access, including--
``(i) water-dependent industries;
``(ii) water-oriented commerce; and
``(iii) recreation and tourism;
``(B) the community relationship to the water,
including--
``(i) quality of life;
``(ii) public health;
``(iii) community and economic heritage,
such as maritime and waterfront industries; and
``(iv) public access;
``(C) the environment;
``(D) ecosystem challenges and projections,
including--
``(i) unresolved and emerging impacts to
the health and safety of the applicable
waterfront;
``(ii) the impact of natural disasters and
weather events on the physical and financial
security of residents, based on forward-
looking, long-term meteorological data; and
``(iii) projections for extreme weather and
water conditions;
``(E) infrastructure needs and opportunities, such
as--
``(i) docks, piers, and harbor facilities;
``(ii) protection against storm surges,
waves, and flooding; and
``(iii) natural infrastructure; and
``(F) other community facilities and private
development.
``(d) Duration.--After the designation of a community as a
resilient waterfront community under subsection (a), a resilient
waterfront community plan developed in accordance with this section
shall have a duration effective for the 10-year period beginning on the
date on which the Secretary approves the resilient waterfront community
plan.
``(e) Withdrawal of Designation.--A covered entity that represents
a community that is designated as a resilient waterfront community
under subsection (a) may submit a request at any time to the Secretary
that such designation be withdrawn.
``(f) Updates.--A resilient waterfront community plan under this
section may be updated by a covered entity, and submitted to the
Secretary for approval, before the expiration of the 10-year period
described in subsection (d).
``(g) Approval.--The Secretary shall approve or disapprove a
resilient waterfront community plan submitted under subsection (b), or
an update to such plan submitted under subsection (f), by not later
than 180 days after the date of receipt of the plan.
``Sec. 54404. Resilient waterfront communities network
``(a) In General.--The Secretary shall develop and maintain a
resilient waterfront communities network to facilitate the sharing of
best practices among communities that have been designated as resilient
waterfront communities under section 54403.
``(b) Public Recognition.--In consultation with designated
resilient waterfront communities, the Secretary shall provide formal
public recognition of the designated resilient waterfront communities
to promote tourism, recreational activities, commercial investment, or
other community benefits.
``(c) Website.--The Secretary of Commerce shall establish, and
update periodically, a publicly accessible website to provide
information for communities--
``(1) to access best practices in establishing a
designation under section 54403, including--
``(A) the technological, economic, environmental,
social, and cultural impacts of resiliency planning and
investment;
``(B) the barriers communities face to successfully
planning, implementing, and achieving short, and long-
term benefits from resiliency and revitalization
activities, as well as solutions to diagnose,
understand, and overcome those barriers; and
``(C) changing environmental and economic
conditions and information on incorporating forward-
looking projections into strategic community decision
making; and
``(2) about funding opportunities throughout the Federal
Government, including technical assistance opportunities that
could support the implementation of resilient waterfront
community plans.''.
(b) Table of Chapters Amendment.--The table of chapters at the
beginning of subtitle V of title 46, United States Code, is amended by
adding at the end of the items relating to part C the following new
item:
544. Waterfront Communities................................. 54401
(c) Special Grants.--Section 205(b) of the National Sea Grant
College Program Act (33 U.S.C. 1124(b)) is amended--
(1) by redesignating paragraphs (1) through (3) as clauses
(i) through (iii), respectively, moving such clauses to follow
paragraph (2)(A) (as designated under paragraph (4) of this
subsection), and adjusting the margins accordingly;
(2) by striking ``The Secretary'' and inserting the
following:
``(1) Special grants generally.--
``(A) In general.--The Secretary'';
(3) by inserting ``and activities under paragraph (3)''
after ``section 202(b)'';
(4) by striking ``No grant may be made under this
subsection'' and inserting the following:
``(2) Special grants.--
``(A) In general.--With respect to a grant under
this subsection that is not a grant described in
paragraph (3), no grant may be made'';
(5) by striking ``The total amount'' and inserting the
following:
``(B) Amount.--Except with respect to grants
described under paragraph (3), the total amount''; and
(6) by adding at the end the following:
``(3) Special grants for working waterfronts.--
``(A) In general.--Notwithstanding any other
provision of this Act, the Secretary may make special
grants under this subsection to support covered
entities (as defined in section 54401 of title 46,
United States Code) for the purposes of--
``(i) development of the plan described
under section 54403(b) of title 46, United
States Code, including by--
``(I) conducting economic and
community development marketing and
outreach;
``(II) updating zoning regulations;
``(III) conducting environmental
reviews;
``(IV) completing engineering and
landscape architecture design plans;
``(V) collaborating across local
agencies and regional, State, Tribal,
and Federal agencies to identify,
understand, and develop responses to
changing ecosystems and economic
circumstances; and
``(VI) conducting such other
planning activities as the Secretary
considers to be necessary for the
development of a resilient waterfront
community plan that responds to
revitalization and resiliency issues
faced by such covered entity;
``(ii) carrying out projects that enable
the execution of the plan described under
section 54403(b) of title 46, United States
Code, including--
``(I) site preparation;
``(II) acquiring easements or land
for uses such as green infrastructure,
public amenities, or assembling
development sites;
``(III) construction of--
``(aa) public waterfront or
boating amenities; and
``(bb) public spaces;
``(IV) infrastructure upgrades to
improve coastal resiliency, including
green infrastructure; and
``(V) other activities, at the
discretion of the Secretary; and
``(iii) executing other projects that are
consistent with the plan described under
section 54403(b) of title 46, United States
Code.
``(B) Definitions.--In this paragraph:
``(i) Title 46 terms.--The terms `covered
entity', `resilient', and `working waterfront'
have the meanings given those terms in section
54401 of title 46, United States Code.
``(ii) Project.--The term `project' has the
meaning given that term in section 54401 of
title 46, United States Code, except that such
term shall only apply to activities--
``(I) within the boundary of a
working waterfront; or
``(II) outside the boundary of a
working waterfront, if the projects are
directly related to the working
waterfront or such plan.
``(C) Eligibility; terms and conditions.--
``(i) Eligibility and procedure.--The
provisions of subsection (c) shall apply with
respect to grants under this paragraph, except
that only covered entities shall be eligible to
receive a grant under this paragraph.
Notwithstanding such subsection (c), the
Secretary shall not be required to prescribe
application requirements and procedures for
grants under this paragraph by regulation.
``(ii) Terms and conditions.--Paragraphs
(1) through (3) of subsection (d) shall not
apply with respect to grants under this
paragraph.
``(D) Project selection criteria.--
``(i) In general.--The Secretary may select
a project described in this paragraph for
funding under this subsection if the Secretary
determines that--
``(I) the project is consistent
with the plan under section 54403(b) of
title 46, United States Code;
``(II) the covered entity has
authority to carry out the project;
``(III) the covered entity has
sufficient funding to execute the
project or phase of the project;
``(IV) the project will be
completed without unreasonable delay;
and
``(V) the project cannot be easily
and efficiently completed without
Federal funding or financial assistance
available to the covered entity.
``(ii) Additional considerations.--In
selecting projects described in this paragraph
for funding under this subsection, the
Secretary shall give consideration to--
``(I) the utilization of non-
Federal contributions; and
``(II) the net benefits of the
funds awarded under this subsection.
``(E) Procedural safeguards.--The Secretary shall
issue guidelines to establish appropriate accounting,
reporting, and review procedures for grants made under
this paragraph to ensure that--
``(i) grant funds are used for the purposes
for which those funds were made available;
``(ii) each grantee properly accounts for
all expenditures of grant funds; and
``(iii) grant funds not used for such
purposes and amounts not obligated or expended
are returned.''.
(d) Technical Amendments.--Section 205 of the National Sea Grant
College Program Act (33 U.S.C. 1124) is further amended--
(1) in subsection (c), by striking ``Any person'' and
inserting ``Subject to subsection (b)(3), any person''; and
(2) in subsection (d)(1), by striking ``Any grant'' and
inserting ``Subject to subsection (b)(3), any grant''.
SEC. 3. RESILIENT WATERFRONT COMMUNITIES REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to Congress a report describing--
(1) the participation in the program of designating
resilient waterfront communities under chapter 544 of title 46,
United States Code, the results of such program, and the
Secretary's plans to improve outreach, implementation, and best
practice guidance regarding such program; and
(2) the participation in the program of special grants for
working waterfronts described in paragraph (3) of section
205(b) of the National Sea Grant College Program Act (33 U.S.C.
1124(b)), the results of such program, and the Secretary's
plans to improve outreach, implementation, and best practice
guidance regarding such program.
<all>