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 Com-
mittee 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 Representa-
tives 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: 
VerDate Sep 11 2014 
05:00 Nov 22, 2023
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6375.IH
H6375
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) Marina concessionaires, individually and col-
lectively, allow the Corps of Engineers to fulfill their 
responsibility to enhance public usage and enjoyment 
of Corps of Engineers facilities. 
(2) Leases for commercial concession purposes 
provide a direct benefit to the public and the Fed-
eral Government. 
(3) The Corps of Engineers lacks a coordinated 
schedule or assessment for charging administrative 
fees to concessionaires across all Corps of Engineers 
districts. 
SEC. 3. RENTAL AMOUNTS, FEES, AND LEASE PERIODS FOR 
COVERED MARINAS. 
(a) LIMITATION ON RENTAL AMOUNTS.—In deter-
mining the amount of rent charged to the operator of a 
covered marina for a covered lease, the Secretary shall, 
for purposes of applying the Revised Graduated Rental 
System— 
(1) exclude from the total gross receipts cal-
culation the combined covered receipts; and 
(2) establish a percentage rate applicable to 
such combined covered receipts of not more than 1 
percent. 
(b) FEE SCHEDULES FOR ADMINISTRATIVE FEES.— 
VerDate Sep 11 2014 
05:00 Nov 22, 2023
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6375.IH
H6375
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) IN GENERAL.—The Secretary shall estab-
lish, for covered leases, a standardized fee schedule 
for administrative fees assessed to operators of cov-
ered 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 dis-
turbances that require a major review 
effort, coordination and concurrence 
with State agencies, other Federal 
agencies, or Tribal governments, and 
review and approval at the head-
quarters level of the Corps of Engi-
neers; 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 
VerDate Sep 11 2014 
05:00 Nov 22, 2023
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6375.IH
H6375
kjohnson on DSK7ZCZBW3PROD with $$_JOB
land disturbances) that require a moderate 
review effort, which may involve coordina-
tion and concurrence with State agencies, 
other Federal agencies, or Tribal govern-
ments; and 
(iii) an administrative fee of not more 
than $1,000 to the operator of a covered 
marina for any other activities. 
(B) PROHIBITION.—The Secretary may 
not assess, for a covered lease, an administra-
tive fee to the operator of a covered marina for 
a standard lease renewal, an extension of lease 
terms, or activities relating to lease transfers or 
sales to an entity other than a covered marina. 
(3) PUBLICATION.—The Secretary shall post 
the fee schedule established under paragraph (1) on 
a public website of the Corps of Engineers. 
(c) LEASE PERIODS.—Section 4 of the Flood Control 
Act of 1944 (16 U.S.C. 460d) is amended by inserting 
‘‘(which shall be not less than 50 years for an initial lease 
or for the first renewal after the date of enactment of the 
MARINA Act of a lease in effect on such date, and not 
less than 25 years for any subsequent lease renewal)’’ 
after ‘‘at water resource development projects for such pe-
riods’’. 
VerDate Sep 11 2014 
05:00 Nov 22, 2023
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6375.IH
H6375
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(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 re-
ceipts, from business operations conducted at a cov-
ered 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 pur-
poses under section 4 of the Flood Control Act of 
1944 (16 U.S.C. 460d). 
(3) COVERED MARINA.—The term ‘‘covered ma-
rina’’ means a marina operating pursuant to a cov-
ered lease. 
VerDate Sep 11 2014 
05:00 Nov 22, 2023
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6375.IH
H6375
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(4) REVISED GRADUATED RENTAL SYSTEM.— 
The term ‘‘Revised Graduated Rental System’’ 
means the Revised Graduated Rental System estab-
lished in Engineer Regulation 405–1–12, or any suc-
cessor rental system used by the Secretary for pur-
poses of calculating rental amounts for covered 
leases. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army, acting through the Chief 
of Engineers. 
Æ 
VerDate Sep 11 2014 
05:00 Nov 22, 2023
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H6375.IH
H6375
kjohnson on DSK7ZCZBW3PROD with $$_JOB