((a)) ** Critical failure at a reserved or transferred work**

((1)) ** In general** A reserved or transferred work shall only be eligible for funding under if—

((A)) construction of the reserved or transferred work began on or before ; 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 , 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 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.section 3201(2)(A) of this title

((3)) ** Nonreimbursable funds** Notwithstanding , amounts made available to a reserved or transferred work under shall be nonreimbursable to the United States.section 510b(b) of this titlesection 3201(2)(A) of this title

((b)) ** Carey Act projects** The Secretary shall use amounts made available under to fund the rehabilitation, reconstruction, or replacement of a dam—

((1)) the construction of which began on or after ;

((2)) that was developed pursuant to (commonly known as the “Carey Act”) (; , 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.