43 U.S.C. § 3204: Critical maintenance and…

Summary

Federal funding for a reserved or transferred work is allowed only if the work’s construction began on or before January 1, 1915 and a part of that work had a serious failure in Bureau of Reclamation infrastructure during the two-year period ending November 15, 2021 that stopped water from reaching project beneficiaries. The funds can pay to repair, rebuild, or replace the entire work even if only one part failed. That money does not have to be paid back to the federal government. For dams built under the Carey Act that began construction on or after January 1, 1905, federal money must be used to repair, rebuild, or replace the dam when the state’s governor says the dam has reached its useful life, is a significant health or safety risk, and has asked for federal help, and when the estimated costs (including engineering and permits) would be more than $50,000,000.

Title 43, §3204

Public Lands, Source: USLM XML via OLRC

(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 3201(2)(A) of this title 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 November 15, 2021, 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 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.

(3)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.

(b)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—

(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)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.

Notes & Related Subsidiaries

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 RequirementsFor 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.

§3204 Critical Maintenance and Repair