S 843 — A bill to amend the Infrastructure Investment and Jobs Act to authorize the use of funds for certain additional Carey Act projects, and for other purposes.

changes in existing law made by 
the bill S. 4176, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

 Public Law 117-58

 AN ACT To authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes.

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DIVISION D--ENERGY

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TITLE IX--WESTERN WATER INFRASTRUCTURE

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SEC. 40904. CRITICAL MAINTENANCE AND REPAIR.

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 (b) Carey Act Projects.--[The Secretary]
 (1) In general.--The Secretary shall use amounts made 
 available under section 40901(2)(B) to fund the 
 rehabilitation, reconstruction, or replacement of a 
 dam--
 [(1)] (A) the construction of which began on or after 
 January 1, 1905;
 [(2)] (B) 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)] (C) that the Governor of the State in which the 
 dam is located has--
 [(A)] (i) determined the dam has reached its 
 useful life;
 [(B)] (ii) determined the dam poses 
 significant health and safety concerns; and
 [(C)] (iii) requested Federal support; and
 [(4)] (D) for which the estimated rehabilitation, 
 reconstruction, or replacement, engineering, and 
 permitting costs would exceed $50,000,000.
 (2) Additional projects.--
 (A) In general.--On making the affirmative 
 determinations described in subparagraph (B), 
 the Secretary shall use amounts made available 
 under section 40901(2)(B) to fund the 
 rehabilitation, reconstruction, or replacement 
 of any dams that were developed pursuant to, 
 and continue to operate as dams under, 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).
 (B) Determinations described.--The 
 determinations referred to in subparagraph (A) 
 are--
 (i) a determination by the Secretary 
 that any dams that meet the criteria 
 described in paragraph (1) have 
 received the necessary funding to 
 complete rehabilita1tion, 
 reconstruction, or replacement 
 activities under this subsection; and
 (ii) a determination by the Secretary 
 that amounts made available under 
 section 40901(2)(B) remain available.

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