MARINA Act

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8843 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8843

To require the Corps of Engineers to take certain actions with respect 
 to rental amounts and administrative fees charged to certain marinas, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2022

   Mr. Comer (for himself, Mr. Rogers of Kentucky, Mr. Rose, and Mr. 
   Guthrie) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To require the Corps of Engineers to take certain actions with respect 
 to rental amounts and administrative fees charged to certain marinas, 
                        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 ``Maintaining Access to Recreational 
Industry and Necessary Adjustments Act'' or the ``MARINA Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Marina concessionaires, individually and collectively, 
        allow the Corps of Engineers to fulfill their responsibility to 
        enhance public usage and enjoyment of Corps of Engineers 
        facilities.
            (2) Leases for commercial concession purposes provide a 
        direct benefit to the public and the Federal Government.
            (3) The Corps of Engineers lacks a coordinated schedule or 
        assessment for charging administrative fees to concessionaires 
        across all Corps of Engineers districts.

SEC. 3. RENTAL AMOUNTS, FEES, AND LEASE PERIODS FOR COVERED MARINAS.

    (a) Limitation on Rental Amounts.--In determining the amount of 
rent charged to the operator of a covered marina for a covered lease, 
the Secretary shall, for purposes of applying the Revised Graduated 
Rental System--
            (1) exclude from the total gross receipts calculation the 
        combined covered receipts; and
            (2) establish a percentage rate applicable to such combined 
        covered receipts of not more than 1 percent.
    (b) Fee Schedules for Administrative Fees.--
            (1) In general.--The Secretary shall establish, for covered 
        leases, a standardized fee schedule for administrative fees 
        assessed to operators of covered marinas, applicable to all 
        Corps of Engineers districts, that specifies under what 
        circumstances and at what time such a fee is to be assessed.
            (2) Limitations.--
                    (A) Amounts.--The Secretary may assess, for a 
                covered lease--
                            (i) an administrative fee of not more than 
                        $50,000 to the operator of a covered marina 
                        only for--
                                    (I) activities involving land 
                                disturbances that require a major 
                                review effort, coordination and 
                                concurrence with State agencies, other 
                                Federal agencies, or Tribal 
                                governments, and review and approval at 
                                the headquarters level of the Corps of 
                                Engineers; and
                                    (II) activities relating to lease 
                                area expansions of 100 acres or more;
                            (ii) an administrative fee of not more than 
                        $5,000 to the operator of a covered marina only 
                        for activities (not involving land 
                        disturbances) that require a moderate review 
                        effort, which may involve coordination and 
                        concurrence with State agencies, other Federal 
                        agencies, or Tribal governments; and
                            (iii) an administrative fee of not more 
                        than $1,000 to the operator of a covered marina 
                        for any other activities.
                    (B) Prohibition.--The Secretary may not assess, for 
                a covered lease, an administrative fee to the operator 
                of a covered marina for a standard lease renewal, an 
                extension of lease terms, or activities relating to 
                lease transfers or sales to an entity other than a 
                covered marina.
            (3) Publication.--The Secretary shall post the fee schedule 
        established under paragraph (1) on a public website of the 
        Corps of Engineers.
    (c) Lease Periods.--Section 4 of the Flood Control Act of 1944 (16 
U.S.C. 460d) is amended by inserting ``(which shall be not less than 50 
years for an initial lease or for the first renewal after the date of 
enactment of the MARINA Act of a lease in effect on such date, and not 
less than 25 years for any subsequent lease renewal)'' after ``at water 
resource development projects for such periods''.
    (d) Rulemaking.--The Secretary shall issue a final rule to carry 
out this section and the amendment made by this section, which final 
rule shall take effect not later than 1 year after the date of 
enactment of this Act.
    (e) Effect on Existing Leases.--Nothing in this section authorizes 
the Secretary to modify a lease in effect on the date of enactment of 
this Act, except as necessary to implement the requirements of this 
section and the amendment made by this section.
    (f) Definitions.--In this section:
            (1) Combined covered receipts.--The term ``combined covered 
        receipts'' means the combined receipts, from business 
        operations conducted at a covered marina, of the operator of 
        the covered marina and all entities operating pursuant to a 
        contract with such operator, from prepared food, beverages, 
        fuel, boats, and expensive, boat-related items, such as boat 
        motors and boat lifts.
            (2) Covered lease.--The term ``covered lease'' means a 
        lease for commercial concession purposes under section 4 of the 
        Flood Control Act of 1944 (16 U.S.C. 460d).
            (3) Covered marina.--The term ``covered marina'' means a 
        marina operating pursuant to a covered lease.
            (4) Revised graduated rental system.--The term ``Revised 
        Graduated Rental System'' means the Revised Graduated Rental 
        System established in Engineer Regulation 405-1-12, or any 
        successor rental system used by the Secretary for purposes of 
        calculating rental amounts for covered leases.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
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