On May 17, HUD proposed to extend Build America tribal waiver.
HUD proposed to extend previously issued public interest, general applicability Tribal consultation waiver for tribal recipients of Build America, Buy America Act (BABA).
Extension critical in keeping with EO 13175, consultation with tribal governments.
Proposed Waiver Extension
Proposed waiver extension permits use of non-domestic iron, steel, manufactured products, construction materials in such projects that may otherwise be prohibited.
For HUD Federal financial assistance agreements with Tribal Recipients.
Waived requirements of domestic content procurement preference (Buy America Preference/BAP) as applied to Federal financial assistance (FFA) provided to tribes.
FFA provided to tribally designated housing entities (TDHEs), other tribal entities.
Applicability
Proposed waiver extension would apply to awards obligated or incrementally funded on or after the effective date of the proposed waiver extension until Sep. 30, 2024.
In the case of awards obligated prior to effective date, proposed waiver extension would apply to expenditures on or after the effective date of the final waiver.
Consultation
HUD sought comment on granting of limited extension to waiver of BAP in connection with HUD's FFA to tribal recipients for HUD to conduct additional Tribal consultations.
Comments on the proposed waiver are due on or before Jun. 17, 2024.
Jul. 2024 HUD Fed Reg Final Notice
On Jul. 8, 2024, HUD published final notice of a waiver extension in federal register.
Extension applies on or after the effective date of final notice and until Sep. 30, 2024.
In the case of awards obligated prior to the effective date of the final notice, the limited waiver applies to expenditures on or after the effective date of this final notice.
