II Calendar No. 310 109th CONGRESS 1st Session S. 1025 [Report No. 109–192] 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.

Short title

This Act may be cited as the Wichita Project Equus Beds Division Authorization Act of 2005.

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:

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, including principles and guidelines used in preparing feasibility level project studies. (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.

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December 8, 2005 Reported with an amendment