§ 2291. — Federal Project Repayment District.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2291]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2291. Federal Project Repayment District
(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) of this section.
(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.
(Pub. L. 99-662, title IX, Sec. 916, Nov. 17, 1986, 100 Stat. 4191; Pub.
L. 100-676, Sec. 15, Nov. 17, 1988, 102 Stat. 4026.)
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) of this section'' 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''.
