II Calendar No. 142 118th CONGRESS 1st Session S. 843 [Report No. 118–68] IN THE SENATE OF THE UNITED STATES March 16, 2023 Mr. Risch introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources July 19, 2023 Reported by Mr. Manchin , without amendment 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.

1. Eligibility under the Infrastructure Investment and Jobs Act of additional Carey Act projects for certain funds Section 40904(b) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3204(b) ) is amended— (1) in paragraph (3), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately; (3) in the matter preceding subparagraph (A) (as so redesignated), by striking The Secretary and inserting the following: (1) In general The Secretary ; and (4) by adding at the end the following: (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 rehabilitation, 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. .