[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     and leveraging water resources, such as outdated development 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).

[[Page S5118]]

       (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.

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