MARINA Act

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 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 (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 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 (2) Covered lease The term covered lease 16 U.S.C. 460d (3) Covered marina The term covered marina (4) Revised Graduated Rental System The term Revised Graduated Rental System (5) Secretary The term Secretary

Summary: Maintaining Access to Recreational Industry and Necessary Adjustments Act or the MARINA Act This bill addresses rental amounts, administrative fees, and lease terms with respect to certain marinas. The bill establishes that sales of food, beverages, fuel, boats, boat motors, and boat lifts must be capped at 1% for calculating the amount of rent charged to the operator of a marina for a lease. It directs the U.S. Army Corps of Engineers to establish a standardized fee schedule for administrative fees assessed to operators of marinas that specifies under what circumstances and at what time such a fee is to be assessed. Additionally, the bill specifies that lease terms for a marina shall be at least 50 years for an initial lease or first renewal of a lease and at least 25 years for any subsequent renewal.