[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.
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