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, 2636-2637 [2022-00958]
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Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
in the Federal Register with the
Department of Commerce’s National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service (80 FR 95164;
December 27, 2016).
Proposed Action
The existing permitted CCAA is
authorized for 25 years and covers
agricultural activities in Alfalfa, Beaver,
Beckham, Cimarron, Custer, Dewey,
Ellis, Harper, Major, Roger Mills, Texas,
Washita, Woods, and Woodward
Counties, in Oklahoma. This area
constitutes the CCAA’s planning area,
with covered areas being non-Federal
lands within the planning area that
provide suitable habitat for LEPC, or
have the potential to provide suitable
LEPC habitat with the implementation
of appropriate conservation
management practices. The ODWC has
applied for an amendment to the CCAA
to increase the conservation benefit of
the CCAA for LEPC in Oklahoma by
increasing enrollment from the current
maximum of 400,000 acres to 1,000,000
acres by 2037, throughout the 14
Oklahoma counties described in the
CCAA. This would more than double
the conservation program currently
being implemented on agricultural
lands within the planning range of the
LEPC under the current EOS permit
held by ODWC. This CCAA contributes
to a larger conservation effort for the
LEPC across its range within Colorado,
Kansas, New Mexico, Oklahoma and
Texas.
Pursuant to the CCAA, ODWC will
enroll participating landowners through
issuance of certificates of inclusion.
Participating landowners who are fully
implementing the CCAA provisions of
the EOS permit will be provided
assurances that, should the LEPC
become listed, the Service will not
require them to provide additional land,
water, or financial resources, nor will
there be any further restrictions to their
land, water, or financial resources than
those they committed to under the
CCAA provisions. Furthermore, if the
LEPC is listed, participating landowners
would be provided incidental take
authorization for LEPC under the EOS
permit for the level of incidental take on
the enrolled lands consistent with the
activities under the CCAA provisions.
This amendment would potentially
increase the amount of the incidental
take authorization proportionately with
the increasing of the enrolled
conservation acres.
NEPA screening form, and comments
we receive to determine whether the
EOS application meets the requirements
of ESA, NEPA, and implementing
regulations. If we determine that all
requirements are met, we will approve
the amendment and issue the amended
EOS under section 10(a)(1)(A) of the
ESA to the applicant in accordance with
the terms of the amended CCAA and
specific terms and conditions of the
authorizing EOS. We will not make our
final decision until after the 30-day
comment period ends, and we have
fully considered all comments received
during the public comment period.
Public Availability of Comments
All comments we receive become part
of the public record associated with this
action. Requests for copies of comments
will be handled in accordance with the
Freedom of Information Act, NEPA, and
Service and Department of the Interior
policies and procedures. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so. All
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Authority
We provide this notice under the
authority of section 10(c) of the ESA and
its implementing regulations (50 CFR
17.22 and 17.32) and NEPA (42 U.S.C.
4371 et seq.) and its implementing
regulations (40 CFR 1506.6).
Amy Lueders,
Regional Director, Southwest Region, U.S.
Fish and Wildlife Service.
[FR Doc. 2022–00794 Filed 1–14–22; 8:45 am]
BILLING CODE 4333–15–P
Next Steps
We will evaluate the permit
application, proposed amendment, draft
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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
Department of the Interior.
Notice.
AGENCY:
ACTION:
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, os_pgm@ios.doi.gov.
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
SUMMARY:
E:\FR\FM\18JAN1.SGM
18JAN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Notices
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
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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]
BILLING CODE 4334–63–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On January 11, 2022, the Department
of Justice lodged a proposed Consent
Decree with the United States District
Court for the Western District of
Pennsylvania in the lawsuit entitled
United States and Pennsylvania
Department of Environmental
Protection v. West Penn Power
Company (West Penn), Civil Action No.
2:22–cv–00051–NR.
This case relates to alleged violations
of monthly effluent limitations
contained in National Pollution
Discharge Elimination System (NPDES)
permits issued to West Penn by the
Pennsylvania Department of
Environmental Protection (PADEP) and
related to boron levels in leachate
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2637
discharges from two closed coal ash
landfills in Western Pennsylvania. The
Mingo Landfill is associated with the
retired, coal-fired Mitchell Power Plant
in Union Township, Washington
County, and the Springdale Landfill is
associated with the retired coal-fired
Springdale Power Plant in Frazer
Township, Allegheny County. The case
involves claims for civil penalties and
injunctive relief under the Clean Water
Act, 33 U.S.C. 1251 et seq., as well as
a related count under the Pennsylvania
Clean Streams Law, 35 P. S. §§ 691.1–
691.801 for the alleged violations at the
Mingo Landfill. The proposed
settlement embodied in the lodged
Consent Decree requires West Penn to
install a new gravity pipeline from the
Springdale Landfill to a new outfall
location in the Allegheny River, and to
operate a recently installed gravity
pipeline from the Mingo Landfill to
Peters Creek. Both new outfalls will
require West Penn to operate the
pipelines in compliance with newly
issued NPDES permits. West Penn is
also required to pay civil penalties of
$305,000 to the United States and
$305,000 to PADEP.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States et al. v. West Penn Power,
D.J. Ref. No. 90–5–1–1–11894. All
comments must be submitted no later
than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department website: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
Consent Decree upon written request
and payment of reproduction costs.
Please mail your request and payment
to: Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $15.50 (25 cents per page
E:\FR\FM\18JAN1.SGM
18JAN1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 4334-63-P
