[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1935 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1935

To require the Secretary of Commerce to undertake certain activities to 
      support waterfront community revitalization and resiliency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 4, 2015

    Ms. Baldwin (for herself, Mr. King, Mr. Wyden, and Mr. Peters) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Commerce to undertake certain activities to 
      support waterfront community revitalization and resiliency.

    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 2015''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) many communities in the United States were developed 
        along waterfronts;
            (2) water proximity and access is a recognized economic 
        driver;
            (3) water shortages faced by parts of the United States 
        underscore the need to manage water sustainably and restore 
        water quality;
            (4) interest in waterfront revitalization and development 
        has grown, while the circumstances driving waterfront 
        development have changed;
            (5) waterfront communities face challenges to revitalizing 
        and leveraging water resources, such as outdated development 
        patterns, deteriorated water infrastructure, industrial 
        contamination of soil and sediment, and lack of public access 
        to the waterfront, which are often compounded by overarching 
        economic distress in the community;
            (6) public investment in waterfront community development 
        and infrastructure should reflect changing ecosystem conditions 
        and extreme weather projections to ensure strategic, resilient 
        investments;
            (7) individual communities have unique priorities, 
        concerns, and opportunities related to waterfront restoration 
        and community revitalization; and
            (8) the Secretary of Commerce has unique expertise in Great 
        Lakes and ocean coastal resiliency and economic development.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Resilient waterfront community.--The term ``resilient 
        waterfront community'' means a unit of local government or 
        Indian tribe that is--
                    (A)(i) bound in part by--
                            (I) the Great Lakes; or
                            (II) the ocean; or
                    (ii) bordered or traversed by a riverfront or an 
                inland lake;
                    (B) self-nominated as a resilient waterfront 
                community; and
                    (C) designated by the Secretary as a resilient 
                waterfront community on the basis of the development by 
                the community of an eligible resilient waterfront 
                community plan, with eligibility determined by the 
                Secretary after considering the requirements of 
                subsections (b) and (c) of section 4.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 4. RESILIENT WATERFRONT COMMUNITIES DESIGNATION.

    (a) Designation.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall designate resilient waterfront communities based on the 
        extent to which a community meets the criteria described in 
        subsection (b).
            (2) Collaboration.--For inland lake and riverfront 
        communities, in making the designation described in paragraph 
        (1) and promulgating criteria and best practices, the Secretary 
        shall work with the Administrator of the Environmental 
        Protection Agency and the heads of other Federal agencies, as 
        the Secretary determines to be necessary to provide comparable 
        services to waterfront communities not located on Great Lakes 
        or ocean coasts.
    (b) Resilient Waterfront Community Plan.--A resilient waterfront 
community plan is 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 
        or Indian tribe 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) in consideration of with all applicable State and 
        Federal coastal zone management planning requirements;
            (5) to address economic competitive strengths; and
            (6) 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 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 develop 
        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 heritage; and
                            (iv) public access, particularly in areas 
                        in which publicly funded ecosystem restoration 
                        is underway;
                    (C) ecosystem challenges and projections, including 
                unresolved and emerging impacts to the health and 
                safety of the waterfront and projections for extreme 
                weather and water conditions;
                    (D) infrastructure needs and opportunities, to 
                facilitate strategic and sustainable capital 
                investments in--
                            (i) docks, piers, and harbor facilities;
                            (ii) protection against storm surges, 
                        waves, and flooding;
                            (iii) stormwater, sanitary sewer, and 
                        drinking water systems, including green 
                        infrastructure and opportunities to control 
                        nonpoint source runoff; and
                            (iv) other community facilities and private 
                        development; and
                    (E) such other factors as are determined by the 
                Secretary to align with metrics or indicators for 
                resiliency, considering environmental and economic 
                changes.
    (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 subsections (b) and (c) 
shall be--
            (1) effective for the 10-year period beginning on the date 
        on which the Secretary approves the resilient waterfront 
        community plan; and
            (2) updated by the resilient waterfront community and 
        submitted to the Secretary for the approval of the Secretary 
        before the expiration of the 10-year period.

SEC. 5. RESILIENT WATERFRONT COMMUNITIES NETWORK.

    (a) In General.--The Secretary shall develop a resilient waterfront 
communities network to facilitate the sharing of best practices and 
technical assistance among waterfront communities.
    (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, investment, or other benefits.

SEC. 6. WATERFRONT COMMUNITY REVITALIZATION GRANT PROGRAM.

    (a) In General.--The Secretary shall establish within the 
Department of Commerce a program under which the Secretary shall 
provide planning and implementation grants that leverage other sources 
of public and private investment to assist with the following eligible 
activities:
            (1) The development of resilient waterfront community 
        plans, including such costs as planning and feasibility 
        analysis.
            (2) Implementation of strategic components of a resilient 
        waterfront community plan, once a plan has been approved by the 
        Secretary.
    (b) Eligible Applicants.--
            (1) Lead applicants.--A unit of local government or an 
        Indian tribe shall be eligible to apply as a lead applicant for 
        a grant under subsection (a) if the unit of local government or 
        Indian tribe is--
                    (A) bound in part by--
                            (i) the Great Lakes; or
                            (ii) the ocean; or
                    (B) bordered or traversed by a riverfront or an 
                inland lake.
            (2) Subawards.--Subject to subsection (d)(3), a lead 
        applicant may provide a subaward to an eligible subawardee for 
        implementation activities described in subsection (d)(2).
    (c) Use of Planning Funds.--
            (1) In general.--Planning funds received through a grant 
        under subsection (a) shall be used to develop a resilient 
        waterfront community plan.
            (2) Eligible planning activities.--In developing a 
        resilient waterfront community plan using amounts made 
        available under subsection (a), a resilient waterfront 
        community may--
                    (A) conduct community visioning and outreach;
                    (B) identify challenges and opportunities;
                    (C) develop strategies and solutions;
                    (D) prepare plan materials, including text, maps, 
                design, and preliminary engineering;
                    (E) collaborate across local agencies and work with 
                regional, State, and Federal agencies to identify, 
                understand, and develop responses to changing ecosystem 
                and economic circumstances; and
                    (F) conduct other planning activities that the 
                Secretary considers necessary for the development of a 
                resilient waterfront community plan that responds to 
                revitalization and resiliency issues confronted by the 
                resilient waterfront community.
    (d) Use of Implementation Funds.--
            (1) In general.--Implementation funds received through a 
        grant under subsection (a)--
                    (A) shall be used to initiate implementation of a 
                resilient waterfront community plan and facilitate 
                high-quality development, including leveraging local 
                and private sector investment; and
                    (B) may be used on 1 or more eligible activities to 
                address strategic community priorities that are 
                identified in the resilient waterfront community plan.
            (2) Eligible implementation activities.--Grant funds may be 
        used flexibly across 1 or more eligible implementation costs, 
        such as--
                    (A) site preparation;
                    (B) environmental review;
                    (C) engineering and design;
                    (D) acquiring easements or land for uses such as 
                green infrastructure, public amenities, or assembling 
                development sites;
                    (E) updates to zoning codes;
                    (F) construction of--
                            (i) public waterfront or boating amenities; 
                        and
                            (ii) public spaces;
                    (G) infrastructure upgrades to improve coastal 
                resiliency;
                    (H) economic and community development marketing 
                and outreach; and
                    (I) other activities at the discretion of the 
                Secretary.
            (3) Implementation subawards.--
                    (A) In general.--To assist in implementing eligible 
                implementation activities, a lead applicant may grant 
                subawards from implementation funds to eligible 
                subawardees, including--
                            (i) a nonprofit organization;
                            (ii) a public utility;
                            (iii) a private entity;
                            (iv) an institution of higher education;
                            (v) a State government; or
                            (vi) a regional organization.
                    (B) Lead applicant responsibility.--The lead 
                applicant shall ensure that grant funds, including 
                funds awarded as a subaward, are used for the purposes 
                of, and in a manner consistent with, the waterfront 
                community revitalization grant program.
    (e) Specifications on Use of Grant Funds.--
            (1) In general.--A grant made under this section shall be 
        not less than $50,000 or more than $1,000,000.
            (2) Limitations on use.--In accordance with the grant 
        agreement, a resilient waterfront community shall spend no more 
        than $200,000 of any grant awarded under this section on 
        planning activities, with remaining grant award balances 
        reserved for implementation activities after the approval of 
        the Secretary of an approved resilient waterfront community 
        plan.
            (3) Matching funds.--
                    (A) In general.--A resilient waterfront community 
                receiving a grant under this section shall provide non-
                Federal matching funds toward completion of an eligible 
                project in an amount equal to not less than 25 percent 
                of the grant amount.
                    (B) Non-federal match.--Non-Federal matching funds 
                may be provided by--
                            (i) 1 or more units of local or tribal 
                        government;
                            (ii) a State government;
                            (iii) a nonprofit organization;
                            (iv) a private entity;
                            (v) a foundation;
                            (vi) a public utility; or
                            (vii) a regional organization.
                    (C) In-kind match.--The Secretary shall treat as 
                non-Federal matching funds the value of in-kind 
                contributions of land or easements held in perpetuity 
                by the resilient waterfront community.
            (4) Funding periods.--In establishing obligation and 
        expenditure periods for grants under this section, the 
        Secretary shall provide grant periods that enable funds to be 
        used strategically to match private or public sector 
        investments in planning and implementation.

SEC. 7. INTERAGENCY AWARENESS.

    (a) Interagency Awareness.--At regular intervals, the Secretary 
shall provide a list of resilient waterfront communities to the 
applicable States and the heads of national and regional offices of 
interested Federal agencies, including at a minimum--
            (1) the Secretary of Transportation;
            (2) the Secretary of Agriculture;
            (3) the Administrator of the Environmental Protection 
        Agency;
            (4) the Administrator of the Federal Emergency Management 
        Agency;
            (5) the Assistant Secretary of the Army for Civil Works;
            (6) the Secretary of the Interior; and
            (7) the Secretary of Housing and Urban Development.
    (b) Interagency Coordination.--To encourage consideration of 
opportunities for synergistic projects and timelines, the Secretary 
shall coordinate awareness of designated resilient waterfront 
communities among managers of relevant Federal grant and loan programs 
that fund projects or infrastructure that are addressed in a resilient 
waterfront community plan.

SEC. 8. PREFERENTIAL GRANT STATUS FOR FEDERAL FUNDING.

    (a) Department of Commerce Grant and Loan Programs.--The Secretary 
shall provide to designated resilient waterfront communities 
preferential status in select grant and loan programs of the Department 
of Commerce, including--
            (1) the National Oceanic and Atmospheric Administration;
            (2) the Economic Development Administration; and
            (3) other relevant entities under the authority of the 
        Secretary.
    (b) Other Grant and Loan Programs.--Considering the integration in 
resilient waterfront community plans of myriad components and project 
types traditionally funded through separate agencies and departments 
and the opportunity that resilient waterfront communities present for 
resilient long-term investment, the heads of other interested Federal 
agencies and departments, including the agency heads described in 
section 7(a), are encouraged to provide designated resilient waterfront 
communities with preferential status in grant and loan programs.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out this Act $50,000,000 for each of fiscal years 2016 through 2020, to 
remain available until expended.
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