Title 43 — Public Lands
Chapter 50 — Western Water Infrastructure
§ 3204. Critical maintenance and repair
Statutory text
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 ; 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 , that resulted in the failure to deliver water to project beneficiaries.
Use of funds
Rehabilitation, repair, and replacement activities for a transferred or reserved work using amounts made available under section 3201(2)(A) of this title 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.
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 ;
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.
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.
Infrastructure Investment and Jobs Act
Pub. L. 117–58 div. D title IX § 40904 · 135 Stat. 429
Enacted · 43 U.S.C. § 3204
(Pub. L. 117–58, div. D, title IX, § 40904, Nov. 15, 2021, 135 Stat. 1121.)
Source evidence
Code source credit
(Pub. L. 117–58, div. D, title IX, § 40904, Nov. 15, 2021, 135 Stat. 1121.)Enacted provision · exact public law section
SEC. 40904. CRITICAL MAINTENANCE AND REPAIR. (a) Critical Failure at a Reserved or Transferred Work.— (1) In general.— A reserved or transferred work shall only be eligible for funding under section 40901(2)(A) if— (A) construction of the reserved or transferred work began on or before January 1, 1915; and (B) a unit of the reserved or transferred work suffered a critical failure in Bureau of Reclamation infrastructure during the 2-year period ending on the date of enactment of this Act that resulted in the failure to deliver water to project beneficiaries. (2) Use of funds.— Rehabilitation, repair, and replacement activities for a transferred or reserved work using amounts made available under section 40901(2)(A) 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.— Notwithstanding section 9603(b) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b(b)), amounts made available to a reserved or transferred work under section 40901(2)(A) shall be nonreimbursable to the United States. (b) Carey Act Projects.— The Secretary shall use amounts made available under section 40901(2)(B) to fund the rehabilitation, reconstruction, or replacement of a dam— (1) the construction of which began on or after January 1, 1905; (2) 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); (3) Determination. 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.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Carey Act, referred to in subsec. (b)(2), is Aug. 18, 1894, ch. 301, § 4, 28 Stat. 422, which is classified to section 641 of this title. For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For 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 Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.
Credits
(Pub. L. 117–58, div. D, title IX, § 40904, , 135 Stat. 1121.)