Sec. 303. Working waterfronts preservation grant program
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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: 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 . The Secretary may award grants under this subsection to eligible covered entities— to implement or revise an approved working waterfronts plan of such eligible covered entity, including— acquiring a working waterfront or an interest in a working waterfront; making improvements to a working waterfront, including constructing or repairing wharfs, boat ramps, or related facilities; or carrying out necessary climate adaptation mitigation activities for a working waterfront; or to develop a working waterfronts plan of such eligible covered entity under subsection (b).
To be eligible for a grant under this subsection, an eligible covered entity shall submit an application to the Secretary— that, if applicable, is consistent with the management program of the eligible covered entity approved under section 306; and in such form, at such time, and containing such information as the Secretary determines appropriate. 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.
The Secretary shall, in consultation with the entities described in paragraph (1), issue guidelines regarding the implementation of the grant program. In awarding a grant to an eligible covered entity, the Secretary shall take into account the following criteria: The economic, cultural, and historical significance of working waterfronts to the eligible covered entity. 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.
The ability of the eligible covered entity to meet the matching requirement under paragraph (10). 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.
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. 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— 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; to develop a working waterfronts plan for approval under subsection (b); to implement or revise an approved working waterfronts plan; to integrate resilience planning into working waterfronts preservation efforts of such eligible covered entity; to develop additional tools to protect working waterfronts; regarding guidance for best storm water management practices with regard to working waterfronts; or to collect and disseminate best practices regarding working waterfronts and resilience planning. 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. 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. 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— for fair market value from a willing seller; or for less than fair market value from a seller that certifies to the Secretary that the seller is willing and is not subject to coercion. An eligible covered entity that is awarded a grant under this subsection may allocate a portion of such grant award to a unit of State or local government, a nonprofit organization, a fishing cooperative, or any other appropriate entity for the purpose of carrying out this subsection if such eligible covered entity ensures that any such allocated grant award is used consistently with this subsection. The Secretary shall encourage each eligible covered entity that is awarded a grant under this subsection to equitably allocate such grant award among working waterfronts identified in the approved working waterfronts plan of each such eligible covered entity, if any. Except as provided in subparagraph (B), the Federal share of a project carried out with a grant awarded under this subsection may not exceed 75 percent. The Secretary may waive the application of subparagraph (A)— with respect to an eligible covered entity that is awarded a grant under this subsection that has designated a qualified holder that is located within— a disadvantaged community; or 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 any other reason the Secretary determines appropriate. An eligible covered entity that is awarded a grant under this subsection may satisfy the non-Federal share of a project carried out with a grant awarded under this subsection through in-kind contributions and other noncash support, including the following: The value, as determined by an appraisal performed at such time before the award of the grant as the Secretary determines appropriate, of a working waterfront or an 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 in a working waterfront— is identified in the grant application; and is acquired by the qualified holder not later than 3 years after— the grant award date; or the date of the submission of such application and before the end of the initial 5-year period for which the approved working waterfronts plan associated with the grant application, if any, is effective. The costs, including cash or in-kind contributions, associated with the acquisition, restoration, or enhancement of or making other improvements to a working waterfront or an interest in a working waterfront, if— such costs are identified in the grant application; and the costs are incurred— before the end of the initial 5-year period for which the approved working waterfronts plan associated with the grant application, if any, is effective; or for working waterfronts described in clause (i), within the time limits described in that clause. An eligible covered entity that is awarded a grant under this subsection may use such grant award with respect to a working waterfront only for which each person other than the eligible covered entity that holds title to or an interest in such working waterfront enters into a working waterfront covenant. An eligible covered entity may determine, on the record after an opportunity for a hearing, that a working waterfront covenant of the eligible covered entity has been violated. If an eligible covered entity makes a determination under clause
(i)that a violation described under that clause has occurred— all right, title, and interest in and to the working waterfront covered by the violated working waterfront covenant shall revert to the eligible covered entity; the eligible covered entity may convey the working waterfront or interest in the working waterfront to a qualified holder; and the eligible covered entity shall have the right of immediate entry onto the working waterfront covered by the violated working waterfront covenant. The Secretary shall subject each grant awarded under this subsection to such terms and conditions as the Secretary determines appropriate to ensure that each such grant is used for purposes consistent with this section. The Secretary shall biennially submit to Congress a report regarding the implementation of this subsection, which shall include— an evaluation, based on performance measures developed by the Secretary, of the effectiveness of the grant program in accomplishing the purposes of this subsection; an account of all expenditures under this subsection; and descriptions of each project carried out using a grant awarded under this section. The Secretary may submit each report required under subparagraph
(A)by including the information required under that subparagraph in each report required under section 316. The Secretary may use not more than 5 percent of the amounts made available under this subsection in each fiscal year to pay the administrative expenses necessary to carry out this subsection. There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for each of fiscal years 2025 through 2029. In this section: The term approved working waterfronts plan means a working waterfronts plan that is approved by the Secretary under subsection (b). The term coastal Indian Tribe means an Indian Tribe with respect to which land owned by the Indian Tribe, held in trust by the United States for the Indian Tribe, or held by the Indian Tribe and subject to restrictions on alienation imposed by the United States or the reservation of the Indian Tribe is located within a coastal state. The term coastal users means— persons that engage in commercial or recreational fishing; recreational fishing and boating businesses; and boatbuilding, aquaculture, and other water-dependent, coastal-related businesses. The term covered entity means— a coastal state; a coastal Indian Tribe; or a Native Hawaiian organization. The term eligible covered entity means a covered entity that— has an approved working waterfronts plan; is in the process of developing a working waterfronts plan for approval under subsection (b); or has a coastal land use plan that the Secretary determines is sufficient for the purposes of this section. The term grant program means the grant program established under subsection (c). 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 ). The term Native Hawaiian organization means a nonprofit organization— that serves the interests of Native Hawaiians; in which Native Hawaiians serve in substantive and policymaking positions; that is recognized for having expertise in Native Hawaiian culture and heritage, including tourism; and is located within a coastal state. The term qualified holder means— a unit of local government of a covered entity, if the covered entity is a coastal state; or a nonprofit organization; that is designated by a covered entity in the approved working waterfronts plan of the covered entity to carry out some or all of the functions of the covered entity under the grant program if the covered entity applies for and is awarded a grant under the grant program, including holding title to or an interest in a working waterfront acquired with a grant awarded under the grant program. The term Task Force means the task force established under subsection (a)(1). The term disadvantaged community means a community the Secretary determines, based on appropriate data, indices, and screening tools, is economically, socially, or environmentally disadvantaged. The term working waterfront means real property (including support structures over water and other facilities) that— provides access to coastal waters by coastal users; and is used for, or supports, commercial and recreational fishing, recreational fishing and boating businesses, and boatbuilding, aquaculture, and other water-dependent, coastal-related business. The term working waterfront covenant means an agreement in recordable form entered into between a person that holds title to or an interest in a working waterfront and a covered entity that is awarded a grant under the grant program or a qualified holder of such covered entity that provides such assurances as the Secretary determines necessary to ensure the following: Except as provided in subparagraph (C), the title to or interest in the working waterfront will be held by an entity that is subject to such agreement in perpetuity. The working waterfront will be managed in a manner that is consistent with the purposes of this section, and the working waterfront will not be converted to any use that is inconsistent with this section. If the title to or interest in the working waterfront is subsequently sold or otherwise exchanged— each party involved in such sale or exchange shall accede to such agreement; and funds equal to the fair market value of the title to or interest in the working waterfront shall be paid to the Secretary by the parties to the sale or exchange, and such funds shall be, at the discretion of the Secretary, paid to the relevant covered entity or a qualified holder of such covered entity for use in the implementation of the approved working waterfronts plan of the covered entity. Such agreement shall be subject to enforcement and oversight by the covered entity or by another person as the Secretary determines appropriate. .