An Act to provide for the construction of the Cheney division, Wichita Federal reclamation project, Kansas, and for other purposes.
PL 86-787 (S.1092), enacted 09/14/1960

1026 
PUBLIC LAW 86-787-SEPT. 14, 1960 
[74 ST AT. 
September 14,1960 
[S. 1092] 
Wichita Federal 
reclamation p r o j -
ect, Kans. 
43 u s e 371 note. 
53 Stat. 1194. 
43 u s e 48Sh. 
Public Law 86-787 
AN ACT 
To provide for the construction of the Cheney division, Wichita Federal 
reclamation project, Kansas, and for other purposes. 
Be it enacted hy the Senate and House of Representatwes 
of the 
United States of America in Congress assemhUd, That the Secretary 
of the Interior is hereby authorized to construct, operate, and main-
tain the Cheney division, Wichita Federal reclamation project, con-
sisting of a dam, reservoir, and related facilities near Cheney, Kansas, 
on the North Fork of the Ninnescah River, Kansas, for the purposes 
of furnishing water for municipal uses, controlling floods, facilitating 
irrigation, enhancing recreational opportunities, preserving and 
propagating fish and wildlife, and for related purposes. 
SEC. 2. In constructing, operating, and maintaining the works au-
thorized by this Act, the Secretary shall be governed by the Federal 
reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amend-
atory thereof or supplementary thereto), except as is otherwise 
provided in this Act. 
SEC. 3. Construction of the project shall not be commenced, and no 
construction contracts therefor shall be awarded, until a contract or 
contracts complying with the provisions of this Act have been entered 
into with the city of Wichita under which it shall have obligated itself 
to repay to the United States, within a period of not more than 
forty years from the time water is first made available from said 
works, those portions of the Federal costs of constructing, operating, 
and maintaining the works herein authorized which are allocated to 
municipal water supply, and interest on the unamortized balance of 
the amount of construction costs so allocated including interest during 
construction. If any net revenues are derived from teniporary water 
supply contracts, prior to the end of the repayment period for w^ater 
furnished from, i3y, or through the works authorized herein, the con-
struction cost obligation of the city may be decreased by that portion 
of the amount of any such net revenues which bsars the same propor-
tion to the total amount of such net revenues as the amount of the 
project costs allocated to municipal water supply bears to the total 
Federal costs of constructing the project. Interest shall be at the aver-
age rate, which rate shall be certified by the Secretary of the Treasury, 
paid by the United States on its marketable long-term securities out-
standing on the date of this Act and adjusted to the nearest one-eighth 
of 1 per centum. Upon the completion of the payment of the city's 
construction cost obligation, together with the interest thereon, the 
city shall have a permanent right to the use of that portion of the 
storage space in the project allocable to municipal water supply 
purposes. 
SEC. 4. Contracts may be entered into with the city of Wichita pur-
suant to the provisions of this Act without regard to the last sentence 
of subsection (c) of section 9 of the Reclamation Project Act of 1939. 
SEC. 5. The Secretary is authorized to transfer to the city of Wichita 
the care, operation, and maintenance of the works herein authorized 
and, if such transfer is made, to deduct from the obligation of the 
city the reasonable capitalized equivalent of that portion of the esti-
mated operation and maintenance costs of the undertaking which, if 
the United States continued to operate the works, would be allocated 
to flood control and fish and wildlife purposes. 
Prior to taking over 
the care, operation, and maintenance of said works, the city shall 
obligate itself to operate them in accordance with criteria specified 
by the Secretary of the Army with respect to flood control and by the 
Secretary of the Interior with respect to fish and wildlife. 
74 
S T A T . ] 
PUBLIC LAW 86-788-SEPT. 14, 1960 
1027 
SEC. 6. The Secretary may make such reasonable provision in con-
nection with the works of the Cheney division, Wichita Federal 
reclamation project, in accordance with section 2 of the Fish and 
Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C, sec. 
661, and the following), as he finds to be required for the preservation 
and propagation of fish and wildlife, and to acquire approximately 
2,500 acres of land for wildlife management purposes within and 
adjacent to Cheney Reservoir. 
A minimum pool of approximately 
ten thousand acre-feet shall be maintained in said reservoir for fish 
life. 
An appropriate portion of the construction cost of the Cheney 
division of the project shall be allocated as provided in said Act and 
it, together with the portion of the construction cost allocated to flood 
control and the portions of the operation and maintenance costs 
allocated to these functions or the equivalent capitalized value thereof, 
shall be nonreimbursable and nonreturnable under the Federal recla-
mation laws. Appropriate portions of the project area may be made 
available by the Secretary of the Interior to the Kansas Forestry, Fish 
and Game Commission for fish and wildlife management as provided 
in sections 3 and 4 of said Act. 
SEC. 7. The Secretary may, upon conclusion of a suitable agreement 
with any qualified agency of the State of Kansas or political sub-
division or agency thereof for assumption of the administration, 
operation, and maintenance thereof at the earliest practicable date, 
provide minimum basic public recreation facilities at or near Cheney 
Keservoir and the cost thereof incurred by the United States shall be 
nonreimbursable and nonreturnable under the Federal reclamation 
laws. 
SEC. 8. Expenditures for Cheney Reservoir may be made without 
regard to the soil survey and land classification requirements of the 
Interior Department Appropriation Act, 1954 (67 Stat. 261, 266-
267). 
SEC. 9. There is hereby authorized to be appropriated for construc-
tion of the works authorized by this Act not to exceed $18,274,000, plus 
or minus such amounts, if any, as may be justified by reason of ordi-
nary fluctuations in construction costs as indicated by engineering 
cost indices applicable to the types of construction involved herein. 
Approved September 14, 1960. 
72 Stat. 563. 
16 u s e 662(h). 
Appropriation. 
Public Law 86-788 
JOINT RESOLUTION 
Amending the Act of July 14, 1960, to extend the time within which the 
United States (Constitution One Hundred and Seventy-fifth Anniversary Com-
mission shall report to Congress and including certain amendments relating 
to housing. 
September 14, 1960 
[H. J. Res. 784] 
Resolved ty the Senate and House of Representatives 
of the United 
States of America in Congress asserribled, That section 5 of the joint 
resolution entitled "Joint resolution providing for the preparation 
and completion of plans for a comprehensive observance of the one 
hundred and seventy-fifth anniversary of the formation of the Con-
stitution of the United States", approved July 14, 1960 (Public Law 
86-650), is amended to read as follows: 
"SEC. 5. The Commission shall report to Congress on its activities 
(including, but not limited to, its recormnendations for legislation) 
not later than January 3,1961." 
U, S. Cons t i t u-
tion, anniversary. 
R e p o r t to Con-
gress, extension.