Working Waterfront Preservation Act of 2007 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to authorize the Secretary of Commerce to award a grant to a state or local government of a coastal state, a nonprofit organization, or a fishing cooperative for projects to: (1) acquire real property in a coastal state to provide access to commercial fishermen or persons in the aquaculture industry to coastal waters in working waterfront areas; or (2) make improvements to real property owned by an eligible entity in a coastal state to provide access to such persons to coastal waters in working waterfront areas.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2565 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 2565
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to establish a grant program to ensure waterfront access for commercial
fishermen, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2007
Mrs. Jo Ann Davis of Virginia introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to establish a grant program to ensure waterfront access for commercial
fishermen, 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 ``Working Waterfront Preservation Act
of 2007''.
SEC. 2. COMMERCIAL FISHING ACCESS PROTECTION PROGRAM.
The Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) is amended by adding at the end the following new
title:
``TITLE V--GRANTS FOR COMMERCIAL FISHING ACCESS
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Coastal state.--The term `Coastal State' has the
meaning given the term `coastal state' in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
``(2) Coastal waters.--The term `coastal waters' has the
meaning given that term in section 304 of the Coastal Zone
Management Act of 1971 (16 U.S.C. 1453).
``(3) Eligible entity.--The term `eligible entity' means--
``(A) the government of a Coastal State;
``(B) a unit of local government within a Coastal
State; or
``(C) a nonprofit organization or a fishing
cooperative that the Secretary determines is
appropriate to receive a grant under section 502.
``(4) Eligible project.--The term `eligible project'
means--
``(A) a project to acquire real property or an
interest in real property located in a Coastal State
for the purpose of providing access to persons engaged
in the commercial fishing industry or the aquaculture
industry to coastal waters in working waterfront areas;
or
``(B) a project to make improvements to real
property located in a Coastal State and owned by an
eligible entity, including the construction or repair
of wharfs or related facilities, to provide access to
persons engaged in the commercial fishing industry or
the aquaculture industry to coastal waters in working
waterfront areas.
``(5) Fishing cooperative.--The term `fishing cooperative'
means a fishing or fish marketing association organized in a
coastal state for the purpose of promoting, fostering, and
encouraging fishing or marketing of fish and fishery products
through cooperation of the members of such association and for
the benefit of such members as producers of such products.
``(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) State fisheries official.--The term `State fisheries
official' means the principal State official with marine
fishery management responsibility and expertise in a coastal
State, who is designated as such by the Governor of the State,
so long as the official continues to hold such position, or the
designee of such official.
``(8) Working waterfront areas.--The term `working
waterfront areas' means land that is used for, or that
supports, commercial fishing or the aquaculture industry.
``SEC. 502. GRANT PROGRAM.
``(a) In General.--The Secretary is authorized to award a grant to
an eligible entity for the purpose of carrying out an eligible project.
``(b) Considerations.--In awarding a grant for an eligible project
under this section, the Secretary shall consider--
``(1) the need for the eligible project based on the
assessment of need submitted under subsection (c)(2)(A);
``(2) the economic significance of the eligible project to
the commercial fishing industry or the aquaculture industry in
the immediate vicinity and in the Coastal State in which the
eligible project is located;
``(3) the degree of community support for the eligible
project;
``(4) the level of threat that the property proposed to be
acquired or improved with such grant will be converted to uses
incompatible with commercial fishing or the aquaculture
industry;
``(5) the utility of the eligible project for commercial
fishing or the aquaculture industry, with respect to the
natural characteristics and developed infrastructure of the
property proposed to be acquired;
``(6) whether a business plan or a harbor plan exists for
the area in which the project will be located and whether the
eligible project is consistent with such plan;
``(7) for an eligible project described in section
501(4)(A), the availability of alternative real property or an
alternative interest in real property that would ensure that
persons engaged in the commercial fishing industry or the
aquaculture industry have access to coastal waters in working
waterfront areas; and
``(8) whether a land use plan exists for the area in which
the project will be located and whether the project is
consistent with such plan.
``(c) Application and Review.--
``(1) In general.--An eligible entity that seeks a grant
under this section shall submit to the appropriate State
fisheries official, at such time and in such manner as the
Secretary shall prescribe, an application for the grant.
``(2) Assessment of need.--An application for a grant may
be considered by the Secretary if the appropriate State
fisheries official--
``(A) prepares an assessment of the need for the
proposed eligible project, taking into account--
``(i) the needs of the commercial fishing
industry or the aquaculture industry in the
State;
``(ii) the needs of other industries and
other parties in the area in which the project
will be located;
``(iii) whether alternative sites exist for
the proposed project; and
``(iv) the social and cultural value of the
industries to the affected community and State;
and
``(B) submits to the Secretary--
``(i) the application submitted under
paragraph (1); and
``(ii) the assessment of need prepared
under subparagraph (A).
``(d) Cost Sharing.--
``(1) In general.--The amount of a grant awarded under this
section to carry out an eligible project may not exceed 75
percent of the total cost of the eligible project.
``(2) Assurances.--As a condition of receipt of a grant
under this section, an eligible entity shall provide to the
Secretary such assurances as the Secretary determines are
sufficient to demonstrate that the share of the cost of each
eligible project that is not funded by the grant awarded under
this section has been secured.
``(3) Form.--The share of the cost of carrying out an
eligible project that is not funded by a grant awarded under
this section may be provided in cash or in kind (including a
donation of land).
``(e) Use of Grant Funds for Eligible Projects.--
``(1) Purchases.--
``(A) In general.--Except as provided in
subparagraph (B), grants awarded under this section may
be used to purchase privately-owned real property or
interests in privately-owned real property, including
easements, only from willing sellers at fair market
value.
``(B) Sales at less than fair market value.--A
grant awarded under this section may be used to acquire
privately-owned real property or an interest in
privately-owned real property at less than fair market
value only if the owner certifies to the Secretary that
the sale is being entered into willingly and without
coercion.
``(C) 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 title.
``(2) Title.--Title to real property or an interest in real
property acquired with a grant awarded under this section may
be held, as determined appropriate by the Secretary in
consultation with the appropriate Coastal State, by--
``(A) the Coastal State;
``(B) a unit of local government of the Coastal
State;
``(C) a nonprofit organization; or
``(D) a fishing cooperative.
``(f) Continued Access to Coastal Waters.--
``(1) Requirement for agreement.--The Secretary shall enter
into an agreement with an eligible entity that receives a grant
under this section. Such agreement shall require the eligible
entity to provide the Secretary the assurances that the
Secretary determines are appropriate to ensure that the
eligible project is not converted to a use that is inconsistent
with the purposes for which the grant was awarded.
``(2) Reversionary interest.--
``(A) In general.--If the Governor of a Coastal
State makes a determination described in subparagraph
(B), all right, title, and interest in and to the
property shall, except as provided in subparagraph (C),
revert, at the option of the Governor, to the Coastal
State, and the State shall have the right of immediate
entry onto the property. Any determination of the
Governor under this paragraph shall be made on the
record after an opportunity for a hearing.
``(B) Determination.--The determination referred to
in subparagraph (A) is a determination that--
``(i) the unit of local government or
nonprofit organization is unable or unwilling
to enforce the terms of the easement; or
``(ii) the easement has been modified in a
manner that is inconsistent with the purposes
for which the grant was awarded.
``(C) Conveyance to another unit of local
government or nonprofit organization.--If the Governor
of a Coastal State makes a determination under
subparagraph (B), the State may convey or authorize the
unit of local government or nonprofit organization to
convey the easement to another unit of local government
or nonprofit organization.
``(g) Approval or Disapproval.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after the date on which the Secretary receives an
application under subsection (c)(2)(B), the Secretary shall--
``(A) review the application; and
``(B)(i) award a grant to the applicant; or
``(ii) disapprove the application and provide the
applicant a statement that describes the reasons why
the application was disapproved, including a deadline
by which the applicant may resubmit the application.
``(h) Administrative Costs.--A Coastal State, on approval of the
Secretary and subject to any regulations promulgated by the Secretary,
may use up to 10 percent of the amounts made available under this
section to pay the administrative costs of the program incurred by the
Coastal State.
``(i) Treatment of Purchase Proceeds.--For purposes of the Internal
Revenue Code of 1986, gross income shall not include 50 percent of the
gain from the sale or exchange of private land or interests in private
land in purchases described in subsection (e)(1).
``SEC. 503. ANNUAL REPORT.
``The Secretary shall submit to Congress an annual report that
describes the eligible projects carried out using grants awarded under
this title.''.
SEC. 3. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated to the Secretary of
Commerce $50,000,000 for each of the fiscal years 2008, 2009, and 2010
to carry out the provisions of title V of the Magnuson-Stevens Fishery
Conservation and Management Act, as added by section 2.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Fisheries, Wildlife, and Oceans.
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