PUBLIC LAW 109–299—OCT. 5, 2006 120 STAT. 1473

Public Law 109–299

109th Congress

An Act

To amend the Act entitled ‘‘An Act to provide for the construction of the Cheney

division, Wichita Federal reclamation project, Kansas, and for other purposes’’

to authorize the Equus Beds Division of the Wichita Project.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Wichita Project Equus Beds

Division Authorization Act of 2005’’.

SEC. 2. EQUUS BEDS DIVISION.

The Act entitled ‘‘An Act to provide for the construction of

the Cheney division, Wichita Federal reclamation project, Kansas,

and for other purposes’’ (Public Law 86–787; 74 Stat. 1026) is

amended by adding the following new section:

‘‘SEC. 10. EQUUS BEDS DIVISION.

‘‘(a) AUTHORIZATION.—The Secretary of the Interior may assist

in the funding and implementation of the Equus Beds Aquifer

Recharge and Recovery Component which is a part of the ‘Integrated

Local Water Supply Plan, Wichita, Kansas’ (referred to in this

section as the ‘Equus Beds Division’). Construction of the Equus

Beds Division shall be in substantial accordance with the plans

and designs.

‘‘(b) OPERATION, MAINTENANCE, AND REPLACEMENT.—Operation, maintenance, and replacement of the Equus Beds Division,

including funding for those purposes, shall be the sole responsibility

of the City of Wichita, Kansas. The Equus Beds Division shall

be operated in accordance with applicable laws and regulations.

‘‘(c) AGREEMENTS.—The Secretary of the Interior may enter

into, or agree to amendments of, cooperative agreements and other

appropriate agreements to carry out this section.

‘‘(d) ADMINISTRATIVE COSTS.—From funds made available for

this section, the Secretary of the Interior may charge an appropriate

share related to administrative costs incurred.

‘‘(e) PLANS AND ANALYSES CONSISTENT WITH FEDERAL LAW.—

Before obligating funds for design or construction under this section,

the Secretary of the Interior shall work cooperatively with the

City of Wichita, Kansas, to use, to the extent possible, plans,

designs, and engineering and environmental analyses that have

already been prepared by the City for the Equus Beds Division.

The Secretary of the Interior shall assure that such information

is used consistent with applicable Federal laws and regulations.

Wichita Project

Equus Beds

Division

Authorization

Act of 2005

Oct. 5, 2006

[S. 1025]

120 STAT. 1474 PUBLIC LAW 109–299—OCT. 5, 2006

LEGISLATIVE HISTORY—S. 1025:

SENATE REPORTS: No. 109–192 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 151 (2005): Dec. 16, considered and passed Senate.

Vol. 152 (2006): Sept. 20, considered and passed House.

Æ

‘‘(f) TITLE; RESPONSIBILITY; LIABILITY.—Nothing in this section

or assistance provided under this section shall be construed to

transfer title, responsibility, or liability related to the Equus Beds

Division (including portions or features thereof) to the United

States.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated as the Federal share of the total cost of the

Equus Beds Division, an amount not to not exceed 25 percent

of the total cost or $30,000,000 (January, 2003 prices), whichever

is less, plus or minus such amounts, if any, as may be justified

by reason of ordinary fluctuations in construction costs as indicated

by engineering cost indexes applicable to the type of construction

involved herein, whichever is less. Such sums shall be nonreimbursable.

‘‘(h) TERMINATION OF AUTHORITY.—The authority of the Secretary of the Interior to carry out any provision of this section

shall terminate 10 years after the date of enactment of this section.’’.

Approved October 5, 2006.