109TH CONGRESS

1ST SESSION S. 1025

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.

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

3 SECTION 1. SHORT TITLE.

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

5 Beds Division Authorization Act of 2005’’.
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1 SEC. 2. EQUUS BEDS DIVISION.

2 The Act entitled ‘‘An Act to provide for the construc3 tion of the Cheney division, Wichita Federal reclamation

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

5 787; 74 Stat. 1026) is amended by adding the following

6 new section:

7 ‘‘SEC. 10. EQUUS BEDS DIVISION.

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

9 may assist in the funding and implementation of the

10 Equus Beds Aquifer Recharge and Recovery Component

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

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

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

14 Division shall be in substantial accordance with the plans

15 and designs.

16 ‘‘(b) OPERATION, MAINTENANCE, AND REPLACE17 MENT.—Operation, maintenance, and replacement of the

18 Equus Beds Division, including funding for those pur19 poses, shall be the sole responsibility of the City of Wich20 ita, Kansas. The Equus Beds Division shall be operated

21 in accordance with applicable laws and regulations.

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

23 may enter into, or agree to amendments of, cooperative

24 agreements and other appropriate agreements to carry out

25 this section.
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1 ‘‘(d) ADMINISTRATIVE COSTS.—From funds made

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

3 charge an appropriate share related to administrative

4 costs incurred.

5 ‘‘(e) PLANS AND ANALYSES CONSISTENT WITH FED6 ERAL LAW.—Before obligating funds for design or con7 struction under this section, the Secretary of the Interior

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

9 to use, to the extent possible, plans, designs, and engineer10 ing and environmental analyses that have already been

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

12 Secretary of the Interior shall assure that such informa13 tion is used consistent with applicable Federal laws and

14 regulations.

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

16 in this section or assistance provided under this section

17 shall be construed to transfer title, responsibility, or liabil18 ity related to the Equus Beds Division (including portions

19 or features thereof) to the United States.

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

21 is authorized to be appropriated as the Federal share of

22 the total cost of the Equus Beds Division, an amount not

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

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

25 such amounts, if any, as may be justified by reason of
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1 ordinary fluctuations in construction costs as indicated by

2 engineering cost indexes applicable to the type of construc3 tion involved herein, whichever is less. Such sums shall

4 be nonreimbursable.

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

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

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

8 enactment of this section.’’.

Passed the Senate December 16, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1025

AN ACT

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 forthe construction of the Cheney division, Wichita