[Congressional Record Volume 151, Number 162 (Friday, December 16, 2005)]
[Senate]
[Pages S13934-S13935]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     WICHITA PROJECT EQUUS BEDS DIVISION AUTHORIZATION ACT OF 2005

  The Senate proceeded to consider the bill (S. 1025) to amend the Act 
entitled

[[Page S13935]]

``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, which had 
been reported from the Committee on Energy and Natural Resources, with 
an amendment.
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                S. 1025

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress 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, 
     [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.''.

  The committee amendment was agreed to.
  The bill (S. 1025), as amended, was read the third time, and passed, 
as follows:
  (The bill will be printed in a future edition of the Record.)

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