House Passes $10 Billion WRDA Bill— ACEC Reforms Included This week the House passed the Water Resources and Development Act of 2005 (WRDA), with over $10 billion in funding for Army Corps of Engineers flood control, navigation and environmental restoration projects. The Senate version of WRDA passed the Environment and Public Works Committee in April, and is expected to be taken up on the Senate floor this summer. It includes over $7 billion in project authorizations. The House funding level would represent the largest funding level since the original WRDA bill was enacted in 1986. WRDA is traditionally reauthorized on a biannual cycle, but has not been reauthorized since 2000 due primarily to conflicts over Corps environmental policies. Both bills include "Corps reform" policy provisions supported by ACEC that create a new review process to enhance oversight on major proposed projects. ACEC is opposed to amendments expected in the Senate which would impose stricter reviews and cost-benefit ratios on Corps projects, changes that would add at least nine months to the project planning phase. Significant funding is included in both bills for major lock modernization work on the Upper Mississippi River and Illinois waterways, as well as environmental and ecosystem restoration projects, including restoration of the Everglades, Coastal Louisiana, Great Lakes, Chesapeake Bay, Long Island Sound, and Salton Sea.

FHWA Administrator Mary Peters Resigns Mary Peters In another indication that work on a new highway program may be nearing completion, Federal Highway Administrator Mary Peters announced this week that she will be leaving the agency at the end of the month. She intends to return to her home in Phoenix, Arizona. Peters, who was a featured speaker at the ACEC 2003 Fall Conference in Phoenix, worked with ACEC on a number of issues, including the effort against "reverse auctions" for federally-aided highway projects in Minnesota. "As FHWA Administrator and previously as Director of the Arizona Department of Transportation, Mary Peters has been a strong advocate for transportation infrastructure and a great friend of ours," said ACEC President Dave Raymond.

Progress Continues On TEA-21 Bill; Floor Action Possible Next Week Lead conferees on the TEA-21 reauthorization bill continue to make progress on reaching agreements on key funding provisions, which could clear the way for passage of a final bill by the end of the month. With the current extension expiring on Tuesday, July 19, conference committee staff has been working day and night over the past week to draft a final bill. Floor time has reportedly been scheduled in the House next week to consider a final reauthorization bill. Agreements supposedly have been reached on an overall $286.4 billion funding level, which the Bush Administration has apparently endorsed. Agreements also have been reached on the scope of federal highway programs that will be included in the state equity formula, the split of earmarked projects between the House and Senate, and the split of funding between highway and transit. Lead conferees are also aiming to guarantee states a minimum 92 percent return on their fuel tax contributions. However, members have not been given their state allocations under the agreements at this writing. ACEC will continue to meet with conferee staff to urge completion of a final bill as soon as possible.

President Signs Junk Fax Prevention Act; Law Preserves Business Relation Faxing On Saturday, July 9, President Bush signed into law the Junk Fax Prevention Act of 2005, preserving the “established business relationship” (EBR) exception that allows associations and companies to send unsolicited commercial faxes to members and clients. This legislation effectively nullifies proposed FCC regulations that would have required written approval from intended fax recipients prior to the sending of unsolicited commercial faxes. The enactment of this legislation caps a two-year campaign by the association community against the onerous new regulations. ACEC joined with American Society of Association Executives (ASAE) and hundreds of other associations and businesses to oppose the proposed regulations, noting the harmful economic effects and unintended consequences that would have arisen if the new rules had been implemented. In addition to restoring the EBR, the new law requires that all unsolicited commercial faxes include an opt-out provision on the first page of the fax, providing a cost-free, round-the-clock means for the recipient to ask to be removed from the fax distribution list. The law also provides that, after the date of enactment, fax numbers may be obtained only directly from the recipient or from a public source to which the recipient gave the number for publication (a website, advertisement or directory). This restriction does not apply to fax numbers obtained prior to the enactment of the Act. It should be noted that this new federal law does not preempt state laws on the sending of unsolicited commercial faxes. Both federal law and applicable state laws must be complied with. Questions regarding compliance should be directed to in-state counsel.

Upcoming Fall Conference in Orlando Proves ACEC "Means Business" Leading industry profes- sionals with valuable insights in eight essential business management areas will share their knowledge at the upcoming Fall Conference, September 21-24 at Disney's Yacht and Beach Club Resorts in Walt Disney World, Florida. Conference participants can choose from 35 cutting-edge business education sessions covering: leadership and ethics; project management/project delivery; business management and quality; human resources; finance; contracts and risk management; marketing and business development; and information technology. The Conference also features an impressive lineup of speakers including: Denver Stutler, new Florida Department of Transportation Secretary who will speak at the Opening General Session on Thursday September 22. Four-Star General Barry McCaffrey, who will address "Leadership in the 21st Century" at the Keynote Luncheon on September 22. Former Minnesota Governor Jesse Ventura, who will discuss how to "buck the system and change the world" at lunch on September 23. Attendees at the Fall Conference can also take advantage of special Walt Disney World activities, along with exciting ACEC/PAC events. Make hotel reservations now at either the Yacht Club or Beach Club Resort. Room rates are $189 single or double occupancy, plus tax. The group rate is only available by calling 407-934-3372 and referencing ACEC. For questions call ACEC's meetings and conventions staff at 202-347-7474 or email meetings@acec.org. Click here to view conference details and to save 5 percent when registering online.

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