[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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