In the final days before Congress adjourned for its summer recess, the House passed the ACEC-supported Water Resources Development Act (WRDA), which authorizes $21 billion for various Corps flood control, shoreline protection, navigation and environmental restoration projects.

Senate action was delayed due to the crush of last-minute floor action on a series of unrelated bills. Senate leaders plan to bring the measure to a vote when Congress returns in September.

The Bush Administration has issued a veto threat over the bill's cost. However, the House vote was 381-40—a veto-proof margin. The Senate vote is expected to be equally strong.

The measure also includes a new independent peer review process for Corps projects that cost in excess of $45 million. The reviews would be conducted by the National Academy of Sciences or other outside entities.

In addition to the substantial increase in funding, ACEC was also successful in defeating a last minute effort during conference negotiations to weaken safeguards the Council pushed through Congress in 2000 to protect against government competition.

The House cleared two energy bills prior to the August recess—a broad omnibus bill and a $15.3 billion tax bill to fund the new projects in the omnibus bill.

The Senate passed its version of an energy bill in June—without an accompanying tax bill—setting the stage for what are likely to be difficult conference negotiations in September.

Both bills include provisions that would promote energy conservation and efficiency, as well as set "green building" standards for federal buildings. New programs authorizing funding for state and local governments and small businesses will provide seed money for energy efficiency best practices. Federal assistance would be provided for installing and converting gas pumps for using E-85 ethanol fuel.

The Senate bill features a renewable fuel mandate, requiring the use of 15 billion gallons of ethanol by 2015. An increase in the Corporate Average Fuel Economy (CAFE) standard for passenger vehicles would require a 35 mpg level to be met by 2020. The House bill includes a Renewable Portfolio Standard (RPS) amendment that would require utilities to produce at least 15 percent of their electricity from renewable resources by 2020.

The energy tax bill passed by the House would repeal some tax incentives and credits that were provided in the 2005 energy bill, and eliminate provisions in the 2005 law that expedited oil and gas production on federal lands.

If energy legislation is to emerge from the Congress this year, the significant differences between the bills will need to be reconciled—not expected to be an easy task.