MARINA Act

(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.

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.

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.

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.

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.

The Secretary shall post the fee schedule established under paragraph (1) on a public website of the Corps of Engineers.

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.

Except as required by section 6703 of title 41, United States Code, the Secretary may not require, as a condition of a covered lease, the operator of a covered marina to compensate the employees of the operator at a rate higher than the Federal minimum wage established under section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206).

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.

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.

In this section:

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.

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).

The term covered marina means a marina operating pursuant to a covered lease.

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.

The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.