FEMA is Seeking Public Comment on Proposed Public Interest Waiver of the Build America, Buy America Act for Indian Tribes
FEMA is inviting public feedback from all stakeholders—including state, local, tribal, and territorial governments; nonprofit organizations; private industry; and individuals—on the Proposed Public Interest Waiver of Build America, Buy America Act (BABAA) requirements for Indian Tribes .
Date: December 13, 2024 - December 29, 2024
Important Date
Event Details
FEMA, in collaboration with interagency partners, proposes to waive BABAA requirements for federally funded public infrastructure projects by Indian Tribes, as defined in 25 U. S.C. § 5304(e), Tribes, including their governmental arms and instrumentalities, or Tribal organizations, tribal entities, and Native Hawaiian organizations as determined by each program’s regulatory and statutory authority. The waiver would allow Tribal governments, in collaboration with federal agencies, to build the capacity needed to implement the BABAA requirements. Tribal nations are disproportionately located in rural, remote areas of the United States, which leads to higher project costs due to transportation and material sourcing challenges. This situation puts Tribal communities at a significant disadvantage in accessing BABA-compliant products and services at competitive prices that meet their basic needs.
The proposed waiver would apply to iron, steel, manufactured products, and construction materials used in public infrastructure projects funded by FEMA (and interagency partners), with the limitations and exceptions noted in the waiver.
If finalized, the waiver would be effective for a period of five years, starting from the effective date of the final waiver.
Interagency partners will review all comments received during the public comment period. Anyone interested in providing feedback on the proposed waiver is encouraged to do so by Dec. 28, 2024.
After the public comment period closes on Dec. 28, 2024, FEMA and its interagency partners will review all submitted feedback. The final waiver, along with a summary of public comments, will be submitted to the Office of Management and Budget (OMB) for review and approval.
Respond by Email:
As lead agency for this waiver, the U.S. Department of Interior (DOI) will receive all public comments for this proposed waiver.
To submit a comment, you can:
- Click the “Submit Comment” button, which will prompt a draft outlook email to DOI; or
- Email your comment directly to the U.S. Department of the Interior (DOI) at DOI_Grants_BuyAmerica_Waiver@ios.doi.gov.
When submitting comments by email, please use the subject line below:
“Public Comment for Proposed Public Interest Waiver: Indian Tribes.”