FEMA is Seeking Public Comment on Proposed 6-Month Adjustment Period Waiver of the Build America, Buy America Act (BABAA) Requirements for Tribal Recipients and Subrecipients

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FEMA is accepting comments from all stakeholders, including state, local, Tribal, and territorial governments (SLTT), nonprofit organizations, private organizations, industry, and individuals regarding the proposed 6-month adjustment period waiver of the Build America, Buy America Act (BABAA) for Tribal recipients and subrecipients.

Date: December 16, 2022 - January 3, 2023

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FEMA has determined that a 6-month adjustment period waiver of the BABAA requirements applicable to Tribal recipients and subrecipients is in the public interest to allow time for Tribal consultations pursuant to FEMA Policy 101-002-02, FEMA Tribal Consultation Policy. Upon approval, this general applicability waiver determination will waive the Buy America preference requirements in BABAA for Tribal recipients and subrecipients of FEMA awards for a period of six-months from approval date in accordance with Office of Management and Budget (OMB) Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. The six-month general applicability public interest waiver will apply to eligible Tribal recipients and subrecipients under FEMA Federal Financial Assistance Programs Subject to BABAA Buy America Preference.

FEMA will consider all comments received during the comment period. Anyone interested in providing comment on the general applicability public interest waiver may submit a comment before end of day on January 2, 2023.

After the comment period is over, FEMA will submit waiver along with public comments to the OMB for review and approval.

Respond by Email

Use the button labeled “Submit Comment” above. Please include, “Public Comment for Proposed 6-Month Adjustment Period Waiver for Tribal Recipients and Subrecipients” as the subject line.

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