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Title 33 — Navigation and Navigable WatersRelease 119-73

§2291 Federal Project Repayment District

Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER V— - GENERAL PROVISIONS › § 2291

Last updated Apr 6, 2026|Official source

Summary

The Secretary may contract with a Federal Project Repayment District (the area and improvements that benefit) or another state subdivision to recover part of a project's costs before the project is built, operated, improved, or financed. Such districts must be set up under state law, can change boundaries after benefit reviews, and may use any state‑law cost‑recovery method that meets federal rules. Before signing, the Secretary must approve a state study showing expected payments will meet the federal repayment requirement.

Full Legal Text

Title 33, §2291

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary may enter into a contract providing for the payment or recovery of an appropriate share of the costs of a project under his responsibility with a Federal Project Repayment District or other political subdivision of a State prior to the construction, operation, improvement, or financing of such project. The Federal Project Repayment District shall include lands and improvements which receive identifiable benefits from the construction or operation of such project. Such districts shall be established in accordance with State law, shall have specific boundaries which may be changed from time to time based upon further evaluations of benefits, and shall have the power to recover benefits through any cost-recovery approach that is consistent with State law and satisfies the applicable cost-recovery requirement under subsection (b).
(b)Prior to execution of an agreement pursuant to subsection (a) of this section, the Secretary shall require and approve a study from the State or political subdivision demonstrating that the revenues to be derived from a contract under this section, or an agreement with a Federal Project Repayment District, will be sufficient to equal or exceed the cost recovery requirements over the term of repayment required by Federal law.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (a). Pub. L. 100–676 substituted “have the power to recover benefits through any cost-recovery approach that is consistent with State law and satisfies the applicable cost-recovery requirement under subsection (b)” for “include the power to collect a portion of the transfer price from any transaction involving the sale, transfer, or change in beneficial ownership of lands and improvements within the district boundaries”.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2291

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73