Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2291. Federal Project Repayment District
Statutory text
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).
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
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 99–662 title IX § 916 · 100 Stat. 4082
Enacted · 33 U.S.C. § 2291
Pub. L. 99–662, title IX, § 916, Nov. 17, 1986, 100 Stat. 4191
Source evidence
Code source credit
Pub. L. 99–662, title IX, § 916, Nov. 17, 1986, 100 Stat. 4191Enacted provision · exact public law section
SEC. 916. FEDERAL REPAYMENT DISTRICT. (a) The Secretary may enter into a contract providing for the Contracts. State and local governments. 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 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. (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.Water Resources Development Act of 1988
Pub. L. 100–676 § 15 · 102 Stat. 4012
Substituted · 33 U.S.C. § 2291(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
SEC. 15. FEDERAL REPAYMENT DISTRICT. Section 916(a) of the Water Resources Development Act of 1986 (33 U.S.C 2291) is amended by striking out “include the power to collect” and all that follows through the period at the end of the last sentence and inserting in lieu thereof ‘nave 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).”.
2 of 2 references resolved to an enrolled provision
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”.
Credits
1986–1988 · 2 acts
Show as published
(Pub. L. 99–662, title IX, § 916, , 100 Stat. 4191; Pub. L. 100–676, § 15, , 102 Stat. 4026.)