43 U.S.C. § 3204 | Critical maintenance and repair

(a)

Critical failure at a reserved or transferred work

(1)

In general

section 3201(2)(A) of this titleA reserved or transferred work shall only be eligible for funding under if—

(A)

January 1, 1915 construction of the reserved or transferred work began on or before ; and

(B)

November 15, 2021 a unit of the reserved or transferred work suffered a critical failure in Bureau of Reclamation infrastructure during the 2-year period ending on , that resulted in the failure to deliver water to project beneficiaries.

(2)

Use of funds

section 3201(2)(A) of this titleRehabilitation, repair, and replacement activities for a transferred or reserved work using amounts made available under may be used for the entire transferred or reserved work, regardless of whether the critical failure was limited to a single project of the overall work.

(3)

Nonreimbursable funds

section 510b(b) of this title section 3201(2)(A) of this titleNotwithstanding , amounts made available to a reserved or transferred work under shall be nonreimbursable to the United States.

(b)

Carey Act projects

section 3201(2)(B) of this titleThe Secretary shall use amounts made available under to fund the rehabilitation, reconstruction, or replacement of a dam—

(1)

January 1, 1905 the construction of which began on or after ;

(2)

section 4 of the Act of August 18, 1894 43 U.S.C. 641 28 Stat. 422 that was developed pursuant to (commonly known as the “Carey Act”) (; , chapter 301);

(3)

that the Governor of the State in which the dam is located has—

(A)

determined the dam has reached its useful life;

(B)

determined the dam poses significant health and safety concerns; and

(C)

requested Federal support; and

(4)

for which the estimated rehabilitation, reconstruction, or replacement, engineering, and permitting costs would exceed $50,000,000.

Pub. L. 117–58, div. D, title IX, § 40904Nov. 15, 2021135 Stat. 1121(, , .)

Editorial Notes

References in Text

Aug. 18, 1894, ch. 301, § 4 28 Stat. 422 section 641 of this titleThe Carey Act, referred to in subsec. (b)(2), is , , which is classified to . For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Wage Rate Requirements

Pub. L. 117–58 section 18851 of Title 42For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of , including authority of Secretary of Labor, see , The Public Health and Welfare.