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Title 33, Navigation and Navigable WatersRelease 119-102

§2291 Federal Project Repayment District

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

Last updated Aug 21, 2026|Official source

Summary

The Secretary can make a contract with a Federal Project Repayment District or another local government to pay or recover part of a project’s costs before the project starts or is financed. A Federal Project Repayment District is set up under State law, covers land and improvements that clearly benefit, can change boundaries, and may use any State-allowed cost-recovery method that meets federal rules. Before any contract, the Secretary must approve a study showing expected revenues will meet or exceed federal cost-recovery requirements over the repayment period.

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

Aug 21, 2026

Release point: 119-102