[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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