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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 43 U.S.C. § 3204 Critical maintenance and repair us united_states_code code_section 43 PUBLIC LANDS 50 WESTERN WATER INFRASTRUCTURE 3204 43 U.S.C. § 3204 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc43@119-100.zip /us/usc/t43/s3204 data/legal/raw/us/code/title-43/usc43.xml 3f34065d303cdc57395c6f4e54eb2db8680da0fda92bab1b9d01a09b39cfeffe d46a16361aa9d10bbc4b27ea0561882d240801c965a2700a4b7cf5f02f552a5f 7ae98ebbd24d42e1b68f2df01d9038c7819a8ab49ca4c5df2c69cb6e2f2e9323 2026-07-04 official
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43 U.S.C. § 3204 - Critical maintenance and repair

Text

(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.

(Pub. L. 11758, div. D, title IX, § 40904, Nov. 15, 2021, 135 Stat. 1121.)

Notes

Editorial Notes

References in TextThe 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. 11758, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.