---
kind: "section"
citation: "43 U.S.C. § 3204"
title: "43"
title_heading: "Public Lands"
number: "3204"
heading: "Critical maintenance and repair"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/3204"
units:
  - "Chapter 50 — Western Water Infrastructure"
---

# §3204. 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 3201(2)(A) of this title](/usc/43/3201.md?p=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 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](/usc/43/3201.md?p=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 510b(b) of this title](/usc/43/510b.md?p=b), amounts made available to a reserved or transferred work under [section 3201(2)(A) of this title](/usc/43/3201.md?p=2-A) shall be nonreimbursable to the United States.
- (b) **Carey Act projects—** The [Secretary](/usc/43/31b.md?p=7) shall use amounts made available under [section 3201(2)(B) of this title](/usc/43/3201.md?p=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](/usc/43/641.md); 28 Stat. 422, chapter 301);
  - (3) that the Governor of the [State](/usc/43/31b.md?p=8) 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.

## Source credit

(Pub. L. 117–58, div. D, title IX, § 40904, Nov. 15, 2021, 135 Stat. 1121.)

## Notes

### 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.