Engineering Inc. - September/October 2004 - 8

L E G I S L AT I V E AC T I O N TEA -21 REAUTHORIZATION HITS A CRITICAL
STAGE; ACEC GOES ON THE OFFENSIVE AGAINST WYDEN-DORGAN AMENDMENT; FLSA
REFORM TAKES EFFECT TEA -21 Goes Down to the Wire process, linking it to
the species recovery planning process, and With the one-year anniversary
of the expiration date of TEA-21 integrates the data accumulated in that
process. approaching September 30 , House and Senate negotiators on the
H.R. 1662 strengthens the scientific foundation for species recov-
reauthorization bill are about $5 billion apart in guaranteed fund- ery
efforts by integrating a peer review tool into the ESA decision- ing for
highways and transit. Deep divisions and a veto threat still making
processes. The act currently has no peer review requirement, loom over
reaching a final agreement and passing a multi-year bill which has been
attributed to the collection and use of inaccurate this year. data in the
listing of endangered species and designations of critical Questions on
the overall funding level for transportation during habitats. the next six
years continue to hold up progress on the bill. Cur- Both bills represent
major priorities for key engineering client rently in play is $289 billion
in guaranteed funding proposed in industries, notably the National
Association of Home Builders July by House/Senate conference committee
chairman Sen. James N A H B . Jerry Howard, executive vice president and
CEO of Inhofe R-Okla. . There's also a $284 billion counteroffer proposed
NAHB, commended the bill sponsors and House Resources Com- by House
conferees. While both sides appear to be getting closer to mittee Chairman
Richard Pombo R-Calif. for their efforts to reaching a deal, there are
concerns that too little funding will not move these conservation measures
forward. He added that Con- satisfy so-called donor states looking for a 95
percent return on gress should adopt legislation creating a more balanced
environ- their gas tax receipts. And too much funding would provoke a veto
mental agenda that supports the twin goals of providing species from the
Bush administration. conservation and protection, and accommodating the
needs of the Just minutes prior to a crucial TEA-21 House/Senate
conference communities and states where they reside. These bills would
clearly meeting on July 22, ACEC Chairman Bill Howard and President help
to achieve these objectives. Dave Raymond encouraged Sen. Inhofe to hold
out for the highest ACEC Vows to Defeat Wyden-Dorgan funding level
possible. Inhofe stressed the importance of securing a Amendment final
funding level that assures a fair return for every state, and ACEC has
mobilized an industry effort against a Senate amendment vowed to resist
efforts to lowball the nation's transportation infra- that seeks to
replace engineering firms with government agencies on structure needs.
several major Iraqi reconstruction assignments. In the meantime, Congress
in July passed its fifth extension bill, Claiming the engineering and
management services in question providing funding for highways through
September 24 and funding are inherently governmental and not appropriate
for private-sector for transit and other programs through September 30. If
no deci- performance, the amendment, authored by Senators Ron Wyden sion is
made, conferees may decide to pass another extension until D-Ore. and Byron
Dorgan D-N.D. , has been attached to the F.Y. after the election or,
perhaps, a longer-term extension into next 2005 National Defense
Authorization Act. year. House Committee Votes to Modernize ISSUE ON THE
MOVE WHAT'S NEXT Endangered Species Act TEA -21 in conference; House,
Conference report possible Prior to the August recess, the House Committee
on Resources Senate trade funding offers before adjournment p a s s e d two
bills designed to modernize the Endangered Species Act ESA . The committee
a p p r o v e d H.R. 2933, the Critical Habitat Conference Committee to
Wyden-Dorgan anti-contractor Reform Act, sponsored by Rep. Dennis Car-
decide when Congress Amendment in DoD bill doza D-Calif. , and H.R. 1662,
the Sound returns in September Science for ESA Planning Act, sponsored by
Rep. Greg Walden R-Ore. . Congressional challenges New FLSA rules took
effect The Cardoza legislation adjusts the deadline expected in the fall
August 23 under which the Fish and Wildlife Service is Jerry Howard, NAHB
required to designate critical habitat, giving the Possible action on
Senate $41 billion water/wastewater agency more time to collect useable
data and floor in the fall and WRDA clear Senate reduce the number of
lawsuits filed under the committee ESA. It modifies the critical habitat
designation 8 ENGINEERING INC. S e p t e m b e r l October 2004
Engineering Inc. - September/October 2004

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