117 HR 8843 IH: Maintaining Access to Recreational Industry and Necessary Adjustments Act
U.S. House of Representatives
2022-09-15
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I
117th CONGRESS
2d Session
H. R. 8843
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.
1.

Short title
This Act may be cited as the “Maintaining Access to Recreational Industry and Necessary Adjustments Act” or the “MARINA Act”.
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.
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.