CRITICAL MAINTENANCE AND REPAIR.

SEC. 40904. [43 U.S.C. 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 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.