[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 533 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 533

 To amend the Coastal Zone Management Act of 1972 to establish a grant 
 program to ensure waterfront access for commercial fishermen, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2009

 Ms. Collins (for herself, Mr. Kennedy, and Ms. Snowe) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
 To amend the Coastal Zone Management Act of 1972 to establish a grant 
 program to ensure waterfront access for commercial fishermen, 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 ``Working Waterfront Preservation Act 
of 2009''.

SEC. 2. COMMERCIAL FISHING ACCESS PROTECTION PROGRAM.

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is 
amended by inserting after section 306 the following:

``SEC. 306A. COMMERCIAL FISHING ACCESS GRANTS.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) the government of a Coastal State;
                    ``(B) a unit of local government within a Coastal 
                State; or
                    ``(C) a nonprofit organization or a fishing 
                cooperative that the Secretary determines is 
                appropriate to receive a grant under subsection (b).
            ``(2) Eligible project.--The term `eligible project' 
        means--
                    ``(A) a project to acquire real property or an 
                interest in real property located in a Coastal State 
                for the purpose of providing access to persons engaged 
                in the commercial fishing industry or the aquaculture 
                industry to coastal waters in working waterfront areas; 
                or
                    ``(B) a project to make improvements to real 
                property located in a Coastal State and owned by an 
                eligible entity, including the construction or repair 
                of wharfs or related facilities, to provide access to 
                persons engaged in the commercial fishing industry or 
                the aquaculture industry to coastal waters in working 
                waterfront areas.
            ``(3) Fishing cooperative.--The term `fishing cooperative' 
        means a fishing or fish marketing association organized in a 
        Coastal State for the purpose of promoting, fostering, and 
        encouraging fishing or marketing of fish and fishery products 
        through cooperation of the members of such association and for 
        the benefit of such members as producers of such products.
            ``(4) 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.
            ``(5) State fisheries official.--The term `State fisheries 
        official' means the principal State official with marine 
        fishery management responsibility and expertise in a Coastal 
        State, who is designated as such by the Governor of the State, 
        so long as the official continues to hold such position, or the 
        designee of such official.
            ``(6) Working waterfront areas.--The term `working 
        waterfront areas' means land that is used for, or that 
        supports, commercial fishing or the aquaculture industry.
    ``(b) Grant Program.--
            ``(1) In general.--The Secretary is authorized to award a 
        grant to an eligible entity for the purpose of carrying out an 
        eligible project.
            ``(2) Considerations.--In awarding a grant for an eligible 
        project under this section, the Secretary shall consider--
                    ``(A) the need for the eligible project based on 
                the assessment of need submitted under paragraph 
                (3)(B)(i);
                    ``(B) the economic significance of the eligible 
                project to the commercial fishing industry or the 
                aquaculture industry in the immediate vicinity and in 
                the Coastal State in which the eligible project is 
                located;
                    ``(C) the degree of community support for the 
                eligible project;
                    ``(D) the level of threat that the property 
                proposed to be acquired or improved with such grant 
                will be converted to uses incompatible with commercial 
                fishing or the aquaculture industry;
                    ``(E) the utility of the eligible project for 
                commercial fishing or the aquaculture industry, with 
                respect to the natural characteristics and developed 
                infrastructure of the property proposed to be acquired;
                    ``(F) whether a business plan or a harbor plan 
                exists for the area in which the project will be 
                located and whether the eligible project is consistent 
                with such plan;
                    ``(G) for an eligible project described in 
                subsection (a)(2)(A), the availability of alternative 
                real property or an alternative interest in real 
                property that would ensure that persons engaged in the 
                commercial fishing industry or the aquaculture industry 
                have access to coastal waters in working waterfront 
                areas; and
                    ``(H) whether a land use plan exists for the area 
                in which the project will be located and whether the 
                project is consistent with such plan.
            ``(3) Application and review.--
                    ``(A) In general.--An eligible entity seeking a 
                grant under this section shall submit to the 
                appropriate State fisheries official, at such time and 
                in such manner as the Secretary shall prescribe, an 
                application for the grant.
                    ``(B) Assessment of need.--An application for a 
                grant may be considered by the Secretary if the 
                appropriate State fisheries official--
                            ``(i) prepares an assessment of the need 
                        for the proposed eligible project, taking into 
                        account--
                                    ``(I) the needs of the commercial 
                                fishing industry or the aquaculture 
                                industry in the State;
                                    ``(II) the needs of other 
                                industries and other parties in the 
                                area in which the project will be 
                                located;
                                    ``(III) whether alternative sites 
                                exist for the proposed project; and
                                    ``(IV) the social and cultural 
                                value of the industries to the affected 
                                community and State; and
                            ``(ii) submits to the Secretary--
                                    ``(I) the application submitted 
                                under subparagraph (A); and
                                    ``(II) the assessment of need 
                                prepared under clause (i).
            ``(4) Cost sharing.--
                    ``(A) In general.--The amount of a grant awarded 
                under this section to carry out an eligible project may 
                not exceed 75 percent of the total cost of the eligible 
                project.
                    ``(B) Assurances.--As a condition of receipt of a 
                grant under this section, an eligible entity shall 
                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.
                    ``(C) Form.--The share of the cost of carrying out 
                an eligible project that is not funded by a grant 
                awarded under this section may be provided in cash or 
                in kind (including a donation of land).
            ``(5) Use of grant funds for eligible projects.--
                    ``(A) Purchases.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), grants awarded under this section 
                        may be used to purchase privately owned real 
                        property or interests in privately owned real 
                        property, including easements, only from 
                        willing sellers at fair market value.
                            ``(ii) Sales at less than fair market 
                        value.--A grant awarded under this section may 
                        be used to acquire privately owned real 
                        property or an interest in privately owned real 
                        property 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.
                            ``(iii) 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 title.
                    ``(B) Title.--Title to real property or an interest 
                in real property acquired with a grant awarded under 
                this section may be held, as determined appropriate by 
                the Secretary in consultation with the appropriate 
                Coastal State, by--
                            ``(i) the Coastal State;
                            ``(ii) a unit of local government of the 
                        Coastal State;
                            ``(iii) a nonprofit organization; or
                            ``(iv) a fishing cooperative.
            ``(6) Continued access to coastal waters.--
                    ``(A) Requirement for agreement.--The Secretary 
                shall enter into an agreement with an eligible entity 
                that receives a grant under this section. Such 
                agreement shall require the eligible entity to provide 
                the Secretary the assurances that the Secretary 
                determines are appropriate to ensure that the eligible 
                project is not converted to a use that is inconsistent 
                with the purposes for which the grant was awarded.
                    ``(B) Reversionary interest.--
                            ``(i) In general.--If the Governor of a 
                        Coastal State makes a determination described 
                        in clause (ii), all right, title, and interest 
                        in and to the property shall, except as 
                        provided in clause (iii), revert, at the option 
                        of the Governor, to the Coastal State, and the 
                        State shall have the right of immediate entry 
                        onto the property. Any determination of the 
                        Governor under this paragraph shall be made on 
                        the record after an opportunity for a hearing.
                            ``(ii) Determination.--The determination 
                        referred to in clause (i) is a determination 
                        that--
                                    ``(I) the unit of local government, 
                                nonprofit organization, or fishing 
                                cooperative is unable or unwilling to 
                                enforce the terms of the easement; or
                                    ``(II) the easement has been 
                                modified in a manner that is 
                                inconsistent with the purposes for 
                                which the grant was awarded.
                            ``(iii) Conveyance to another unit of local 
                        government or nonprofit organization.--If the 
                        Governor of a Coastal State makes a 
                        determination under clause (ii), the State may 
                        convey or authorize the unit of local 
                        government, nonprofit organization, or fishing 
                        cooperative to convey the easement to another 
                        unit of local government, nonprofit 
                        organization, or fishing cooperative.
            ``(7) Approval or disapproval.--As soon as practicable 
        after the date on which the Secretary receives an application 
        under subsection (3)(B)(ii), the Secretary shall--
                    ``(A) review the application; and
                    ``(B)(i) award a grant to the applicant; or
                    ``(ii) disapprove the application and provide the 
                applicant a statement that describes the reasons why 
                the application was disapproved, including a deadline 
                by which the applicant may resubmit the application.
            ``(8) Administrative costs.--A Coastal State, on approval 
        of the Secretary and subject to any regulations promulgated by 
        the Secretary, may use up to 10 percent of the amounts made 
        available under this section to pay the administrative costs of 
        the program incurred by the Coastal State.
            ``(9) Treatment of purchase proceeds.--For purposes of the 
        Internal Revenue Code of 1986, gross income shall not include 
        50 percent of the gain from the sale or exchange of private 
        land or interests in private land in purchases described in 
        paragraph (5)(A).
    ``(c) Annual Report.--The Secretary shall submit to Congress an 
annual report that describes the eligible projects funded with grants 
awarded under this section.''.

SEC. 3. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated to the Secretary of 
Commerce $50,000,000 for each of the fiscal years 2009, 2010, and 2011 
to carry out the provisions of section 306A of the Coastal Zone 
Management Act of 1972, as added by section 2.
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