[Congressional Record Volume 162, Number 114 (Thursday, July 14, 2016)]
[Senate]
[Pages S5117-S5119]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WATERFRONT COMMUNITY REVITALIZATION AND RESILIENCY ACT OF 2015
Ms. BALDWIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 508, S. 1935.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 1935) to require the Secretary of Commerce to
undertake certain activities to support waterfront community
revitalization and resiliency.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
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and leveraging water resources, such as outdated development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) 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. 450b).
(2) 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.
(3) 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).
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(2) Collaboration.--For inland lake and riverfront
communities, in making the designation described in paragraph
(1), 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.
(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 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;
(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) may 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 and maintain a
resilient waterfront communities network to facilitate the
sharing of best practices 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 ACTIVITIES.
(a) In General.--To support a community in leveraging other
sources of public and private investment, the Secretary may
use existing authority to support--
(1) the development of a resilient waterfront community
plan, including planning and feasibility analysis; and
(2) the implementation of strategic components of a
resilient waterfront community plan after the resilient
waterfront community plan has been approved by the Secretary.
(b) Non-Federal Partners.--
(1) Lead non-federal partners.--A unit of local government
or an Indian tribe shall be eligible to be considered as a
lead non-Federal partner 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) Non-federal implementation partners.--Subject to
subsection (d)(3), a lead non-Federal partner may contract
with an eligible non-Federal implementation partner for
implementation activities described in subsection (d)(2).
(c) Planning Activities.--
(1) In general.--Technical assistance may be provided for
the development of a resilient waterfront community plan.
(2) Eligible planning activities.--In developing a
resilient waterfront community plan, 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) Implementation Activities.--
(1) In general.--Implementation assistance may be
provided--
(A) to initiate implementation of a resilient waterfront
community plan and facilitate high-quality development,
including leveraging local and private sector investment; and
(B) to address strategic community priorities that are
identified in the resilient waterfront community plan.
(2) Assistance.--Assistance may be provided to advance
implementation activities, 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 partners.--
(A) In general.--To assist in the completion of
implementation activities, a lead non-Federal partner may
contract or otherwise collaborate with a non-Federal
implementation partner, 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 non-federal partner responsibility.--The lead non-
Federal partner shall ensure that assistance and resources
received by the lead non-Federal partner to advance the
resilient waterfront community plan of the lead non-Federal
partner and for related activities are used for the purposes
of, and in a manner consistent with, any initiative advanced
by the Secretary for the purpose of promoting waterfront
community revitalization and resiliency.
(e) Use of Non-Federal Resources.--
(1) In general.--A resilient waterfront community receiving
assistance under this section shall provide non-Federal funds
toward completion of planning or implementation activities.
(2) Non-federal resources.--Non-Federal funds may be
provided by--
(A) 1 or more units of local or tribal government;
(B) a State government;
(C) a nonprofit organization;
(D) a private entity;
(E) a foundation;
(F) a public utility; or
(G) a regional organization.
SEC. 7. 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.
SEC. 8. NO NEW REGULATORY AUTHORITY.
Nothing in this Act may be construed as establishing new
authority for any Federal agency.
Ms. BALDWIN. Mr. President, I further ask unanimous consent that the
committee-reported substitute be agreed to.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
Ms. BALDWIN. I know of no further debate on the bill.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. If there is no further debate, the bill having
been read the third time, the question is, Shall it pass?
[[Page S5119]]
The bill (S. 1935), as amended, was passed.
Ms. BALDWIN. Mr. President, I ask unanimous consent that the motion
to reconsider be considered made and laid upon the table with no
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________