United States Code

USC most recently checked for updates: Jun 10, 2023

§ 3204.
Critical maintenance and repair
Critical failure at a reserved or transferred work
In general
A reserved or transferred work shall only be eligible for funding under section 3201(2)(A) of this title if—
construction of the reserved or transferred work began on or before January 1, 1915; and
a unit of the reserved or transferred work suffered a critical failure in Bureau of Reclamation infrastructure during the 2-year period ending on November 15, 2021, that resulted in the failure to deliver water to project beneficiaries.
Use of funds

Nonreimbursable funds

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

Carey Act projects
The Secretary shall use amounts made available under section 3201(2)(B) of this title to fund the rehabilitation, reconstruction, or replacement of a dam—
the construction of which began on or after January 1, 1905;
that was developed pursuant to section 4 of the Act of August 18, 1894 (commonly known as the “Carey Act”) (43 U.S.C. 641; 28 Stat. 422, chapter 301);
that the Governor of the State in which the dam is located has—
determined the dam has reached its useful life;
determined the dam poses significant health and safety concerns; and
requested Federal support; and
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, § 40904, Nov. 15, 2021, 135 Stat. 1121.)
cite as: 43 USC 3204