H.R. 7248 — MARINA Act

This section states congressional findings that (1) marina concessionaires enable the U.S. Army Corps of Engineers to enhance public usage and enjoyment of its facilities, (2) leases for commercial concessions benefit the public and federal government, and (3) the Corps lacks a coordinated schedule or assessment for charging administrative fees to concessionaires across all districts.

This section establishes requirements for covered marinas (i.e., marinas operating under commercial concession leases at U.S. Army Corps of Engineers water resource development projects pursuant to 16 U.S.C. 460d) as follows: (1) limits rental amounts under the Revised Graduated Rental System by excluding combined covered receipts (i.e., receipts from prepared food, beverages, fuel, boats, and expensive boat-related items such as motors and lifts) from total gross receipts calculations and capping the rate on such receipts at 1%; (2) requires a standardized, publicly posted administrative fee schedule applicable Corps-wide, capping fees at $50,000 for major land-disturbance activities or expansions of 100 acres or more, $5,000 for moderate-review activities not involving land disturbance, and $1,000 for other activities, and prohibiting fees for standard lease renewals, term extensions, or transfers/sales to other covered marinas; (3) amends 16 U.S.C. 460d to establish minimum lease periods of not less than 50 years for initial leases or the first renewal after enactment of the MARINA Act for leases in effect on that date (previously, periods deemed reasonable in the public interest with no specified minimums), and not less than 25 years for subsequent renewals; (4) prohibits requiring covered marina operators to pay employees more than the federal minimum wage under the Fair Labor Standards Act (29 U.S.C. 206), except as required by the Davis-Bacon Act (41 U.S.C. 6703); (5) directs issuance of a final implementing rule within one year of enactment; and (6) clarifies that existing leases cannot be modified except as necessary to implement these requirements.