[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: --------------------------------------------------------------------------- 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.