H.R. 7248: Maintaining Access to Recreational Industry and Necessary Adjustments Act

This bill, formally known as the Maintaining Access to Recreational Industry and Necessary Adjustments Act (or MARINA Act), focuses on adjusting how the U.S. Army Corps of Engineers manages rental amounts and administrative fees charged to specific marinas that operate under leases for commercial purposes. Here are the key components of the bill:

Purpose and Findings

The bill aims to support marina operators and public access to Corps of Engineers facilities. It highlights that marina concessionaires enhance public enjoyment of these facilities and notes the lack of a consistent fee schedule across different districts managed by the Corps of Engineers. Specifically, it addresses the need for a more coordinated approach in determining rental and administrative fees for marinas.

Key Provisions

1. Rental Amounts

The bill outlines how rental charges for marina operators will be determined. When calculating rents:

• Exclusions from Gross Receipts: The Corps will exclude certain defined receipts from total gross receipts, specifically those defined as combined covered receipts.
• Percentage Rate: A percentage rate applied to combined covered receipts will not exceed 1%.

2. Administrative Fee Schedule

The Secretary of the Army is required to establish a standardized schedule for administrative fees related to covered leases. This schedule must include:

• Maximum Fee Amounts:
  • Up to $50,000 for major activities requiring extensive reviews.
  • Up to $5,000 for moderate review activities.
  • Up to $1,000 for minor activities.
• Prohibition on Standard Fees: The Secretary cannot charge for standard lease renewals, extensions, or transfers to non-marina entities.
• Publication Requirement: The fee schedule must be publicly accessible on the Corps of Engineers’ website.

3. Lease Periods

The bill amends existing laws regarding lease durations, mandating:

• Initial leases or first renewals must be at least 50 years.
• Subsequent renewals must be at least 25 years.

4. Wage Provision

Marina operators are not required to pay employees above the federal minimum wage as a lease condition, except for specific cases referenced in existing law.

5. Implementation and Existing Leases

The Secretary is tasked with issuing final rules to enact these changes within a year of the bill's passage. Additionally, existing leases in effect at the time of the bill's enactment cannot be modified, except to comply with the new regulations.

Definitions

The bill includes specific definitions for terms such as:

• Combined Covered Receipts: Revenue from marina operations including sales of food, beverages, fuel, and boat-related items.
• Covered Lease: Refers to leases for commercial concession purposes under the Flood Control Act of 1944.
• Covered Marina: A marina operating under a covered lease.

Relevant Companies

None found