[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 1473

Public Law 109-299
109th Congress

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 NOTE: Oct. 5, 2006 -  [S. 1025] Project.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress NOTE: Wichita Project Equus Beds
Division Authorization Act of 2005. 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.

[[Page 1474]]
120 STAT. 1474

``(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.''.

Approved October 5, 2006.

LEGISLATIVE HISTORY--S. 1025:
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SENATE REPORTS: No. 109-192 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 151 (2005):
Dec. 16, considered and passed
Senate.
Vol. 152 (2006):
Sept. 20, considered and passed
House.