PolicyBrief
S. 1257
119th CongressApr 2nd 2025
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.
IN COMMITTEE

This bill amends the Infrastructure Investment and Jobs Act to authorize the use of funds for additional Carey Act projects, specifically the rehabilitation, reconstruction, or replacement of certain dams.

James Risch
R

James Risch

Senator

ID

LEGISLATION

Older Carey Act Dams Might Get Infrastructure Funds, But Only After Others Are Funded

This bill tweaks the big Infrastructure Investment and Jobs Act (IIJA). Specifically, it allows money originally set aside for fixing high-priority dams to also be used for repairing or rebuilding much older dams developed under the Carey Act of 1894. The catch? These Carey Act projects only get a shot if the Secretary determines other eligible dams have already received the funding they need, and if there are still funds left in the pot (specifically, funds from section 40901(2)(B) of the IIJA).

Cracking Open the Piggy Bank for Historic Water Projects?

The main change here is adding a new group of potential recipients for dam safety money. Carey Act dams, which were part of late 19th and early 20th-century efforts to help states develop irrigated lands, often form critical local water infrastructure. Under this bill, federal funds could potentially go towards their "rehabilitation, reconstruction, or replacement." Think fixing leaky structures, strengthening aging concrete, or even a complete overhaul if needed. This could be good news for communities relying on these specific, older dams, potentially improving water supply reliability and safety.

The Fine Print: Last in Line

Here's the crucial part: these Carey Act projects are essentially at the back of the line. The bill is clear that the Secretary can only tap into these funds for Carey Act dams after determining that other dams eligible under the original IIJA provision have received "necessary funding." What counts as "necessary" isn't defined in this amendment, adding a layer of uncertainty. Furthermore, funding is contingent on money actually being left over from that specific IIJA fund (Section 40901(2)(B)). So, while the door is opened, there's no guarantee any Carey Act dams will actually see these funds.

What It Means on the Ground

This is fundamentally about prioritizing limited infrastructure dollars. If a state has an old Carey Act dam needing serious work, this bill offers a potential funding avenue that didn't explicitly exist before within this part of the IIJA. However, the conditions mean it's not a sure thing. It sets up a scenario where these older projects might compete for leftover funds, potentially impacting how much is available for other infrastructure needs depending on how the "necessary funding" requirement for the initially prioritized dams is interpreted and applied. For communities downstream from these dams, it could eventually mean safer infrastructure, but the timeline and certainty remain unclear.