I 

118TH CONGRESS 

1ST SESSION H. R. 6375 

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 

NOVEMBER 13, 2023 

Mr. COMER (for himself, Mr. ROGERS of Kentucky, Mr. BARR, Mr. GUTHRIE, 

Mr. FULCHER, Mr. EDWARDS, Mr. ROSE, Mr. BOST, and Mr. SMITH of 

Nebraska) 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Maintaining Access 

5 to Recreational Industry and Necessary Adjustments Act’’ 

6 or the ‘‘MARINA Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) Marina concessionaires, individually and col2 lectively, allow the Corps of Engineers to fulfill their 

3 responsibility to enhance public usage and enjoyment 

4 of Corps of Engineers facilities. 

5 (2) Leases for commercial concession purposes 

6 provide a direct benefit to the public and the Fed7 eral Government. 

8 (3) The Corps of Engineers lacks a coordinated 

9 schedule or assessment for charging administrative 

10 fees to concessionaires across all Corps of Engineers 

11 districts. 

12 SEC. 3. RENTAL AMOUNTS, FEES, AND LEASE PERIODS FOR 

13 COVERED MARINAS. 

14 (a) LIMITATION ON RENTAL AMOUNTS.—In deter15 mining the amount of rent charged to the operator of a 

16 covered marina for a covered lease, the Secretary shall, 

17 for purposes of applying the Revised Graduated Rental 

18 System— 

19 (1) exclude from the total gross receipts cal20 culation the combined covered receipts; and 

21 (2) establish a percentage rate applicable to 

22 such combined covered receipts of not more than 1 

23 percent. 

24 (b) FEE SCHEDULES FOR ADMINISTRATIVE FEES.— 


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1 (1) IN GENERAL.—The Secretary shall estab2 lish, for covered leases, a standardized fee schedule 

3 for administrative fees assessed to operators of cov4 ered marinas, applicable to all Corps of Engineers 

5 districts, that specifies under what circumstances 

6 and at what time such a fee is to be assessed. 

7 (2) LIMITATIONS.— 

8 (A) AMOUNTS.—The Secretary may assess, 

9 for a covered lease— 

10 (i) an administrative fee of not more 

11 than $50,000 to the operator of a covered 

12 marina only for— 

13 (I) activities involving land dis14 turbances that require a major review 

15 effort, coordination and concurrence 

16 with State agencies, other Federal 

17 agencies, or Tribal governments, and 

18 review and approval at the head19 quarters level of the Corps of Engi20 neers; and 

21 (II) activities relating to lease 

22 area expansions of 100 acres or more; 

23 (ii) an administrative fee of not more 

24 than $5,000 to the operator of a covered 

25 marina only for activities (not involving 


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1 land disturbances) that require a moderate 

2 review effort, which may involve coordina3 tion and concurrence with State agencies, 

4 other Federal agencies, or Tribal govern5 ments; and 

6 (iii) an administrative fee of not more 

7 than $1,000 to the operator of a covered 

8 marina for any other activities. 

9 (B) PROHIBITION.—The Secretary may 

10 not assess, for a covered lease, an administra11 tive fee to the operator of a covered marina for 

12 a standard lease renewal, an extension of lease 

13 terms, or activities relating to lease transfers or 

14 sales to an entity other than a covered marina. 

15 (3) PUBLICATION.—The Secretary shall post 

16 the fee schedule established under paragraph (1) on 

17 a public website of the Corps of Engineers. 

18 (c) LEASE PERIODS.—Section 4 of the Flood Control 

19 Act of 1944 (16 U.S.C. 460d) is amended by inserting 

20 ‘‘(which shall be not less than 50 years for an initial lease 

21 or for the first renewal after the date of enactment of the 

22 MARINA Act of a lease in effect on such date, and not 

23 less than 25 years for any subsequent lease renewal)’’ 

24 after ‘‘at water resource development projects for such pe25 riods’’. 


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1 (d) RULEMAKING.—The Secretary shall issue a final 

2 rule to carry out this section and the amendment made 

3 by this section, which final rule shall take effect not later 

4 than 1 year after the date of enactment of this Act. 

5 (e) EFFECT ON EXISTING LEASES.—Nothing in this 

6 section authorizes the Secretary to modify a lease in effect 

7 on the date of enactment of this Act, except as necessary 

8 to implement the requirements of this section and the 

9 amendment made by this section. 

10 (f) DEFINITIONS.—In this section: 

11 (1) COMBINED COVERED RECEIPTS.—The term 

12 ‘‘combined covered receipts’’ means the combined re13 ceipts, from business operations conducted at a cov14 ered marina, of the operator of the covered marina 

15 and all entities operating pursuant to a contract 

16 with such operator, from prepared food, beverages, 

17 fuel, boats, and expensive, boat-related items, such 

18 as boat motors and boat lifts. 

19 (2) COVERED LEASE.—The term ‘‘covered 

20 lease’’ means a lease for commercial concession pur21 poses under section 4 of the Flood Control Act of 

22 1944 (16 U.S.C. 460d). 

23 (3) COVERED MARINA.—The term ‘‘covered ma24 rina’’ means a marina operating pursuant to a cov25 ered lease. 


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1 (4) REVISED GRADUATED RENTAL SYSTEM.— 

2 The term ‘‘Revised Graduated Rental System’’ 

3 means the Revised Graduated Rental System estab4 lished in Engineer Regulation 405–1–12, or any suc5 cessor rental system used by the Secretary for pur6 poses of calculating rental amounts for covered 

7 leases. 

8 (5) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Army, acting through the Chief 

10 of Engineers. 

Æ 


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