Sec. 40904. CRITICAL MAINTENANCE AND REPAIR
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## SEC. 40904 CRITICAL MAINTENANCE AND REPAIR **[**[43 U.S.C. 3204](/us/usc/t43/s3204)**]** ###
(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)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.
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- 28 Stat. 422
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