[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2636-2637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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, [email protected].

SUPPLEMENTARY INFORMATION: This initial analysis, which can be found at 
following website: https://www.doi.gov/grants/infrastructure-programs 
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]
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