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Tribal Consultation on Build America Buy America (BABA)

On April 18, 2022, the White House Office of Management and Budget released a Memorandum for Heads of Executive Departments and Agencies on Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure (M-22-11). This Memorandum details new requirements enacted by law under the Infrastructure Investment and Jobs Act (Public Law P.L. 117-58), requiring that non-emergency infrastructure financed directly (e.g., Federal grants) or indirectly (e.g., loan guarantees and other types of financial assistance) must be constructed using iron, steel, manufactured products, and construction materials which are produced in the United States.

Amongst these requirements, this Memorandum directs agencies to consult with tribes pursuant to Executive Order 13175. Rather than agencies seeking tribal input separately on BABA, the White House Council for Native American Affairs (WHCNAA) is coordinating a joint tribal consultation on this important issue. This provision does not apply to the P.L. 93-638 agreements that Tribes have with the U.S. Department of the Interior.

The Tribal Consultation will allow Tribal leadership and designated proxies to meet with the consulting officials during the Consultation session.

Agencies/Departments expected to participate include:
• U.S. Department of Agriculture (USDA)
• U.S. Department of Commerce, National Telecommunications and Information Administration (NTIA)
• U.S. Department of Energy (DOE)
• U.S. Department of Health and Human Services, Administration for Native Americans (ANA)
• U.S. Department of Housing and Urban Development (HUD)
• U.S. Department of the Interior (DOI)
• U.S. Small Business Administration (SBA)
• U.S. Department of Transportation (DOT)

Contact whcnaa@bia.gov if you have questions.

Sep 21, 2022 02:00 PM in Eastern Time (US and Canada)