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[109th Congress Public Law 299]
[From the U.S. Government Printing Office]

[DOCID: f:publ299.109]

[[Page 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. <<NOTE: Oct. 5, 2006 -  [S. 1025]>>

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Wichita Project Equus Beds 
Division Authorization Act of 2005>> 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.

[[Page 120 STAT. 1474]]

    ``(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.

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.

                                  <all>
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