{"identifier":"/us/usc/t43/s3204","title":43,"num":"\u00a7\u202f3204.","heading":"Critical maintenance and repair","text":"\u00a7\u202f3204.\nCritical maintenance and repair\n(a)\nCritical failure at a reserved or transferred work\n(1)\nIn general\nA reserved or transferred work shall only be eligible for funding under\n(A) construction of the reserved or transferred work began on or before\nJanuary 1, 1915\n(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\nNovember 15, 2021\n(2)\nUse of funds\nRehabilitation, repair, and replacement activities for a transferred or reserved work using amounts made available under\nsection 3201(2)(A) of this title\n(3)\nNonreimbursable funds\nNotwithstanding\nsection 510b(b) of this title\nsection 3201(2)(A) of this title\n(b)\nCarey Act projects\nThe Secretary shall use amounts made available under\n(1) the construction of which began on or after\nJanuary 1, 1905\n(2) that was developed pursuant to\nsection 4 of the Act of August 18, 1894\n43 U.S.C. 641\n28 Stat. 422\n(3) that the Governor of the State in which the dam is located has\u2014\n(A) determined the dam has reached its useful life;\n(B) determined the dam poses significant health and safety concerns; and\n(C) requested Federal support; and\n(4) for which the estimated rehabilitation, reconstruction, or replacement, engineering, and permitting costs would exceed $50,000,000.","url":"https://projectusc.org/usc/t43/s3204.html","content":[{"t":"sec","id":"/us/usc/t43/s3204","children":[{"t":"num","text":"\u00a7\u202f3204."},{"t":"heading","text":"Critical maintenance and repair"},{"t":"subsec","id":"/us/usc/t43/s3204/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Critical failure at a reserved or transferred work"},{"t":"para","id":"/us/usc/t43/s3204/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"A reserved or transferred work shall only be eligible for funding under ","children":[{"t":"ref","text":"section 3201(2)(A) of this title","href":"/us/usc/t43/s3201/2/A","tail":" if\u2014"}]},{"t":"subpara","id":"/us/usc/t43/s3204/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" construction of the reserved or transferred work began on or before ","children":[{"t":"text","text":"January 1, 1915","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t43/s3204/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a unit of the reserved or transferred work suffered a critical failure in Bureau of Reclamation infrastructure during the 2-year period ending on ","children":[{"t":"text","text":"November 15, 2021","tail":", that resulted in the failure to deliver water to project beneficiaries."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t43/s3204/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Use of funds"},{"t":"content","children":[{"t":"p","text":"Rehabilitation, repair, and replacement activities for a transferred or reserved work using amounts made available under ","children":[{"t":"ref","text":"section 3201(2)(A) of this title","href":"/us/usc/t43/s3201/2/A","tail":" 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t43/s3204/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Nonreimbursable funds"},{"t":"content","children":[{"t":"p","text":"Notwithstanding ","children":[{"t":"ref","text":"section 510b(b) of this title","href":"/us/usc/t43/s510b/b","tail":", amounts made available to a reserved or transferred work under "},{"t":"ref","text":"section 3201(2)(A) of this title","href":"/us/usc/t43/s3201/2/A","tail":" shall be nonreimbursable to the United States."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t43/s3204/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Carey Act projects"},{"t":"chapeau","text":"The Secretary shall use amounts made available under ","children":[{"t":"ref","text":"section 3201(2)(B) of this title","href":"/us/usc/t43/s3201/2/B","tail":" to fund the rehabilitation, reconstruction, or replacement of a dam\u2014"}]},{"t":"para","id":"/us/usc/t43/s3204/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the construction of which began on or after ","children":[{"t":"text","text":"January 1, 1905","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t43/s3204/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" that was developed pursuant to ","children":[{"t":"ref","text":"section 4 of the Act of August 18, 1894","href":"/us/act/1894-08-18/s4","tail":" (commonly known as the \u201cCarey Act\u201d) ("},{"t":"ref","text":"43 U.S.C. 641","href":"/us/usc/t43/s641","tail":"; "},{"t":"ref","text":"28 Stat. 422","href":"/us/stat/28/422","tail":", chapter 301);"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t43/s3204/b/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" that the Governor of the State in which the dam is located has\u2014"},{"t":"subpara","id":"/us/usc/t43/s3204/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" determined the dam has reached its useful life;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t43/s3204/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" determined the dam poses significant health and safety concerns; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t43/s3204/b/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" requested Federal support; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t43/s3204/b/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" for which the estimated rehabilitation, reconstruction, or replacement, engineering, and permitting costs would exceed $50,000,000.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}