43 USC § 3204 - Critical maintenance and repair

---
identifier: "/us/usc/t43/s3204"
source: "usc"
legal_status: "official_prima_facie"
title: "43 USC § 3204 - Critical maintenance and repair"
title_number: 43
title_name: "PUBLIC LANDS"
section_number: "3204"
section_name: "Critical maintenance and repair"
chapter_number: 50
chapter_name: "WESTERN WATER INFRASTRUCTURE"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 117–58, div. D, title IX, § 40904, Nov. 15, 2021, 135 Stat. 1121.)"
---


# § 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 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** section 3201(2)(A) of this title

Rehabilitation, repair, and replacement activities for a transferred or reserved work using amounts made available under  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** section 510b(b) of this titlesection 3201(2)(A) of this title

Notwithstanding , amounts made available to a reserved or transferred work under  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.

---

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

## Editorial Notes

### References in Text

The Carey Act, referred to in subsec. (b)(2), is , , which is classified to . 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 , including authority of Secretary of Labor, see , The Public Health and Welfare.