Notice2022-00958
Report on the Department of the Interior Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Act Provisions of the Infrastructure Investment and Jobs Act
Primary source
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Published
January 18, 2022
Issuing agencies
Interior Department
Abstract
The Department of the Interior (DOI) is publishing a report on DOI Federal Financial Assistance Programs for infrastructure subject to the Build America, Buy America Act Provisions of the Infrastructure Investment and Jobs Act. This report reflects the DOI's initial analysis of financial assistance programs and associated Buy America requirements.
Full Text
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<title>Federal Register, Volume 87 Issue 11 (Tuesday, January 18, 2022)</title>
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[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2636-2637]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00958]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[223D0102DM; DS62600000; DLSN00000.000000; DX62601]
Report on the Department of the Interior Federal Financial
Assistance Infrastructure Programs Subject to the Build America, Buy
America Act Provisions of the Infrastructure Investment and Jobs Act
AGENCY: Department of the Interior.
ACTION: Notice.
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SUMMARY: The Department of the Interior (DOI) is publishing a report on
DOI Federal Financial Assistance Programs for infrastructure subject to
the Build America, Buy America Act Provisions of the Infrastructure
Investment and Jobs Act. This report reflects the DOI's initial
analysis of financial assistance programs and associated Buy America
requirements.
FOR FURTHER INFORMATION CONTACT: Daniel Moline--Policy Analyst, DOI,
Office of Grants Management, (202) 513-7546, <a href="/cdn-cgi/l/email-protection#48273b17382f250821273b662c2721662f273e"><span class="__cf_email__" data-cfemail="28475b77584f456841475b064c4741064f475e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This initial analysis, which can be found at
following website: <a href="https://www.doi.gov/grants/infrastructure-programs">https://www.doi.gov/grants/infrastructure-programs</a>
is based on the agency's current understanding of information gathered
as of the required 60-day reporting deadline. In particular, the DOI is
still evaluating the application of the Build America, Buy America Act
provisions to contracts and agreements executed under the Indian Self-
Determination and Education and Assistance Act, as amended, 25 U.S.C.
5301 et seq. Subject to additional ongoing evaluation and any further
Office of Management and Budget (OMB) implementation guidance regarding
section 70915 of the Infrastructure Investment and Jobs Act, DOI will
work closely with OMB to make any necessary adjustments to this initial
list. Therefore, this initial analysis is subject to change.
Consistent with the policy direction of Executive Order 14005:
Ensuring the Future is Made in All of America By All of America's
Workers, Title IX of the Infrastructure Investment and Jobs Act (IIJA):
Build America, Buy America Act imposes new, government-wide domestic
content procurement preference requirements on all projects funded
through financial assistance programs for infrastructure whether or not
those programs are funded through IIJA. Section 70913(a) of IIJA
requires each agency to submit a report to OMB and Congress that will
be published in the Federal Register. As provided in
[[Page 2637]]
section 70913(b) of IIJA, this report must:
(1) Identify all domestic content procurement preferences
applicable to DOI's Federal financial assistance.
DOI Summary: In reviewing the DOI programs, no DOI programs were
identified that are subject to domestic content procurement
preferences, as defined in section 70912(2).
(2) Assess the applicability of domestic content procurement
preference requirements including:
(A) Section 313 of title 23, United States Code;
(B) section 5323(j) of title 49, United States Code;
(C) section 22905(a) of title 49, United States Code;
(D) section 50101 of title 49, United States Code;
(E) section 603 of the Federal Water Pollution Control Act (33
U.S.C. 1388);
(F) section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C.
300j-12(a)(4));
(G) section 5035 of the Water Infrastructure Finance and Innovation
Act of 2014 (33 U.S.C. 3 3914);
(H) any domestic content procurement preference included in an
appropriations Act; and
(I) any other domestic content procurement preference in Federal
law (including regulations).
DOI Summary: In reviewing the DOI programs, no DOI programs were
identified that are subject to additional domestic content procurement
requirements of the above legislation, Appropriations Act, or other
domestic content procurement preference in Federal law.
(3) Provide details on any applicable domestic content procurement
preference requirement, including the purpose, scope, applicability,
and any exceptions and waivers issued under the requirement.
DOI Summary: Given the above responses, the DOI has no further
details to provide at this time.
(4) Include a description of the type of infrastructure projects
that receive funding under the program, including information relating
to:
(A) The number of entities that are participating in the program;
(B) the amount of Federal funds made available for the program for
each fiscal year; and
(C) any other information the head of the Federal agency determines
to be relevant.
DOI Summary: The DOI reviewed each of its 287 financial assistance
programs to identify Federal financial assistance programs for
infrastructure. The analysis found in the link above identifies the
DOI's initial assessment of financial assistance programs for
infrastructure (``Infrastructure Programs''). The types of
infrastructure projects pursued under these programs are identified
within question 4(c), column K of the analysis.
(5) Section 70913(c) of IIJA requires that the report include a
list of ``Deficient Programs'' which identifies DOI's financial
assistance programs for infrastructure (as defined in section 70912(5)
of IIJA) for which a domestic content procurement preference
requirement does not apply in a manner consistent with section 70914 of
IIJA or is subject to a waiver of general applicability not limited to
the use of specific products for use in a specific project. Section
70914 requires that all the iron, steel, manufactured products, and
construction materials used in projects receiving DOI financial
assistance for infrastructure be produced in the United States unless
DOI provides a waiver of the requirement or application of the
requirement would be inconsistent with the United States' obligations
under international agreements.
DOI Summary: As noted above and based on information known at the
time of this assessment, all included DOI Infrastructure Programs
constitute ``Deficient Programs'' as defined in the Build America, Buy
America Act.
Eric Werwa,
Deputy Assistant Secretary--Policy and Environmental Management,
Exercising the Delegated Authority of the Assistant Secretary for
Policy, Management and Budget.
[FR Doc. 2022-00958 Filed 1-14-22; 8:45 am]
BILLING CODE 4334-63-P
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