text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Working Waterfront Preservation Act 
  of 2005''.
  
  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 a promoting, fostering, and 
          encouraging fishing or marketing of fish and fishery products 
          through cooperation of its members and for the benefit of their 
          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 of 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 Coastal State relating 
  to the program.
      ``(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 2005 and 2007 to 
  carry out the provisions of title V of the Magnuson-Stevens Fishery 
  Conservation and Management Act, as added by section 2.
target: Working Waterfront Preservation Act of 2005 - 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.
feat_title: A bill to amend the Magnuson-Stevens Fishery Conservation and Management Act to establish a grant program to ensure waterfront access for commercial fisherman, and for other purposes.