43 U.S.C. § 3204 — Critical maintenance and repair

(a)(1) A reserved or transferred work qualifies for funding under section 3201(2)(A) only if construction began by January 1, 1915, and a unit suffered a critical failure in Bureau of Reclamation infrastructure during the two years ending November 15, 2021, causing failure to deliver water to project beneficiaries. (2) Money may be used for rehabilitation, repair, or replacement throughout the entire work, even if the critical failure affected only one project. (3) Despite section 510b(b), the money is not reimbursable to the United States.

(b) The Secretary must use money under section 3201(2)(B) to fund rehabilitation, reconstruction, or replacement of a dam if: (1) construction began on or after January 1, 1905; (2) it was developed under section 4 of the Carey Act; (3) the governor of its State has determined that it has reached the end of its useful life, determined that it creates significant health and safety concerns, and requested Federal support; and (4) estimated rehabilitation, reconstruction or replacement, engineering, and permitting costs exceed $50 million.