II 

Calendar No. 310 

109TH CONGRESS 

1ST SESSION S. 1025 

[Report No. 109–192] 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2005 

Mr. ROBERTS introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

DECEMBER 8, 2005 

Reported under authority of the order of the Senate of November 18, 2005, 

by Mr. DOMENICI, with an amendment 

[Omit the part struck through] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•S 1025 RS

1 SECTION 1. SHORT TITLE. 

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

3 Beds Division Authorization Act of 2005’’. 

4 SEC. 2. EQUUS BEDS DIVISION. 

5 The Act entitled ‘‘An Act to provide for the construc6 tion of the Cheney division, Wichita Federal reclamation 

7 project, Kansas, and for other purposes’’ (Public Law 86– 

8 787; 74 Stat. 1026) is amended by adding the following 

9 new section: 

10 ‘‘SEC. 10. EQUUS BEDS DIVISION. 

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

12 may assist in the funding and implementation of the 

13 Equus Beds Aquifer Recharge and Recovery Component 

14 which is a part of the ‘Integrated Local Water Supply 

15 Plan, Wichita, Kansas’ (referred to in this section as the 

16 ‘Equus Beds Division’). Construction of the Equus Beds 

17 Division shall be in substantial accordance with the plans 

18 and designs. 

19 ‘‘(b) OPERATION, MAINTENANCE, AND REPLACE20 MENT.—Operation, maintenance, and replacement of the 

21 Equus Beds Division, including funding for those pur22 poses, shall be the sole responsibility of the City of Wich23 ita, Kansas. The Equus Beds Division shall be operated 

24 in accordance with applicable laws and regulations. 

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

26 may enter into, or agree to amendments of, cooperative 
3 

•S 1025 RS

1 agreements and other appropriate agreements to carry out 

2 this section. 

3 ‘‘(d) ADMINISTRATIVE COSTS.—From funds made 

4 available for this section, the Secretary of the Interior may 

5 charge an appropriate share related to administrative 

6 costs incurred. 

7 ‘‘(e) PLANS AND ANALYSES CONSISTENT WITH FED8 ERAL LAW.—Before obligating funds for design or con9 struction under this section, the Secretary of the Interior 

10 shall work cooperatively with the City of Wichita, Kansas, 

11 to use, to the extent possible, plans, designs, and engineer12 ing and environmental analyses that have already been 

13 prepared by the City for the Equus Beds Division. The 

14 Secretary of the Interior shall assure that such informa15 tion is used consistent with applicable Federal laws and 

16 regulations, including principles and guidelines used in 

17 preparing feasibility level project studies. 

18 ‘‘(f) TITLE; RESPONSIBILITY; LIABILITY.—Nothing 

19 in this section or assistance provided under this section 

20 shall be construed to transfer title, responsibility, or liabil21 ity related to the Equus Beds Division (including portions 

22 or features thereof) to the United States. 

23 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

24 is authorized to be appropriated as the Federal share of 

25 the total cost of the Equus Beds Division, an amount not 
4 

•S 1025 RS

1 to not exceed 25 percent of the total cost or $30,000,000 

2 (January, 2003 prices), whichever is less, plus or minus 

3 such amounts, if any, as may be justified by reason of 

4 ordinary fluctuations in construction costs as indicated by 

5 engineering cost indexes applicable to the type of construc6 tion involved herein, whichever is less. Such sums shall 

7 be nonreimbursable. 

8 ‘‘(h) TERMINATION OF AUTHORITY.—The authority 

9 of the Secretary of the Interior to carry out any provision 

10 of this section shall terminate 10 years after the date of 

11 enactment of this section.’’. 

Calendar No. 310 

109TH CONGRESS 

1ST SESSION S. 1025 

[Report No. 109–192] 

A BILL 

To amend the Act entitled An Act to provide for 

vision of the Wichita Project. other purposes to authorize the Equus Beds DiFederal reclamation project, Kansas, and for the construction of the Cheney division, Wichita 

DECEMBER 8, 2005 

Reported with an amendment