Identification of Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Provisions of the Infrastructure Investment and Jobs Act, 2894-2895 [2022-01071]

Download as PDF 2894 Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Notices estimated for an average respondent to respond: The estimated total number of respondents for the information collection I–765V is 350 and the estimated hour burden per response is 3.75 hours; the estimated total number of respondents for the information collection Biometric Processing is 350 and the estimated hour burden per response is 1.17 hours. (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual hour burden associated with this collection is 1,723 hours. (7) An estimate of the total public burden (in cost) associated with the collection: The estimated total annual cost burden associated with this collection of information is $87,500. Dated: January 11, 2022. Samantha L. Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. 2022–00940 Filed 1–18–22; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–6310–N–01] Identification of Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Provisions of the Infrastructure Investment and Jobs Act Office of Chief Financial Officer, HUD. ACTION: Notice. AGENCY: This notice announces that the Department of Housing and Urban Development (HUD, the Department) has conducted an initial review required by the Build America, Buy America Act (the Act) to identify and evaluate its Federal financial assistance programs for infrastructure to determine whether they are inconsistent with the Infrastructure Investment and Jobs Act (the IIJA). The Act imposes domestic content procurement preference requirements on Federal financial assistance programs for infrastructure that do not currently have such a requirement and requires Federal agencies to evaluate each financial assistance program for infrastructure administered by the agency to identify programs inconsistent with the Act’s requirements for application of a domestic procurement preference. Each Federal agency must submit its report on the agency’s programs and related jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:58 Jan 18, 2022 Jkt 256001 determinations to Congress and to the Office of Management and Budget (OMB) and publish its report in the Federal Register. Today’s notice complies with the Act’s publication and reporting requirements and contains HUD’s list of identified Federal financial assistance programs for infrastructure. HUD has determined that none of the programs it has reviewed to date are consistent with the Act. HUD’s initial analysis errs on the side of overinclusiveness based on the Department’s current understanding of information contained in the Act and the imminent timing requirements for reporting. FOR ADDITIONAL INFORMATION CONTACT: J. Malcom Smith, Management and Program Analyst, Grants Management and Oversight Division, Office of the Assistant Chief Financial Officer of Systems, Office of the Chief Financial Officer, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410–8000; telephone number 202–402–6472 (this is not a tollfree number), or email AskGMO@ hud.gov with the subject line ‘‘Build America, Buy America’’. Persons with hearing or speech impairments may access this number through TTY by calling the Federal Relay Service at 800– 877–8339 (this is a toll-free number). SUPPLEMENTARY INFORMATION: On November 15, 2021, the President signed into law the Infrastructure Investment and Jobs Act (Pub. L. 117– 58) (the IIJA), which includes the Build America, Buy America Act at sections 70911 through 70927 (the Act). The Act ensures that Federal financial assistance programs for infrastructure require the use of materials produced in the United States, increases requirements for American-made content, and strengthens the waiver process associated with Buy American provisions. Section 70913 of the Act requires, within 60 days of the enactment of the IIJA, that each Federal agency, including HUD,1 file a report with Congress and the Office of Management and Budget (OMB) which identifies and evaluates all financial assistance programs for infrastructure to determine whether the program is inconsistent with section 70914 of the Act. The report must be published in the Federal Register. The reports must identify and provide a list of which of these programs are ‘‘deficient,’’ as defined in section 70913(c) of the Act.2 1 The Act applies to ‘‘any authority of the United States that is an ‘‘agency’’’ as defined in 44 U.S.C. 3502. Public Law 117–58, section 70912(3). 2 The Act defines ‘‘deficient programs’’ as ‘‘any Federal financial assistance program for infrastructure . . . for which a domestic content PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 Section 70914 of the Act requires that no later than 180 days after enactment of the IIJA (which would be May 14, 2022), Federal agencies ‘‘shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.’’ 3 Federal agencies must identify all infrastructure programs and determine whether a program is inconsistent with section 70914 of the Act, regardless of whether the program received funding from IIJA. (HUD did not receive funding.) Pursuant to the Act, an infrastructure program is considered inconsistent with section 70914 if: (1) It does not require that all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States; (2) it does not issue waivers and written justifications as specified in section 70914; or (3) it is subject to a waiver of general applicability under section 70914(b) of the Act. On December 20, 2021, OMB issued a memorandum titled ‘‘Identification of Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Provisions of the Infrastructure Investment and Jobs Act,’’ M–22–08, to implement these requirements and provide guidance to Federal agencies.4 HUD awards discretionary funding through over 20 Grant programs and 10 formula programs in support of HUD’s mission. These programs generally meet the definition of ‘‘Federal financial assistance’’ as defined in the Act. HUD has evaluated these programs and they are included in this report, but a full assessment of whether they fund infrastructure as described by the Act has not yet been completed. HUD has procurement preference requirement does not apply in a manner consistent with section 70914 of the law; or is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project.’’ Id. at section 70913(c). 3 Section 70912(4) of the Act defines ‘‘Federal financial assistance’’ and provides that the definition is consistent with the definition in 2 CFR 200.1 and includes ‘‘all expenditures by a Federal agency to a non-Federal entity for an infrastructure project, except that it does not include expenditures for assistance authorized under section 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 5174, or 5192) relating to a major disaster or emergency declared by the President under section 401 or 501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre and post disaster or emergency response expenditures.’’ 4 Available at https://www.whitehouse.gov/wpcontent/uploads/2021/12/M-22-08.pdf. E:\FR\FM\19JAN1.SGM 19JAN1 Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Notices determined that no programs reviewed to date fully meet the requirements outlined in section 70914 of the Act. Details on each of these programs and the programs are listed below are included on a spreadsheet that can be accessed at: https://www.hud.gov/ program_offices/spm/gmomgmt/ grantsinfo/fundingopps. HUD’s initial analysis errs on the side of overinclusiveness, as recommended by OMB Memorandum M–22–08, based on the Department’s current understanding of information contained in the Act and the imminent timing requirements for reporting. Discretionary Programs Office of Community Planning and Development Office of Healthy Homes Lead Hazard Control jspears on DSK121TN23PROD with NOTICES1 Office of Housing • Multifamily Housing Service Coordinator Grant Program • Congregate Housing Services Program • Project Rental Assistance Demonstration (PRA Demo) Program of Section 811 Supportive Housing for Persons with Disabilities • Supportive Service Demonstration Program for Elderly Housing Jkt 256001 Office of Community Planning and Development • Community Development Block Grants/Entitlement Grants • Community Development Block Grants/State’s program and NonEntitlement Grants in Hawaii • Emergency Solutions Grant Program • Home Investment Partnerships Program • Housing Opportunities for Persons with AIDS • Housing Trust Fund Office of Public and Indian Housing • Tribal HUD–VASH Program • Indian Housing Block Grants • Public Housing Capital Fund George Tomchick, Deputy Chief Financial Officer, Office of the Chief Financial Officer. [FR Doc. 2022–01071 Filed 1–14–22; 4:15 pm] BILLING CODE 4210–67–P • Lead-Based Paint Hazard Control in Privately Owned Housing • Lead and Healthy Homes Technical Studies • Healthy Homes and Weatherization Cooperation Demonstration • Healthy Homes Production Grant Program • Lead Hazard Reduction Demonstration Grant Program • Older Adults Modification Grant Program 16:58 Jan 18, 2022 Office of Public and Indian Housing • Family Self Sufficiency • Resident Self Sufficiency Service Coordinators • Juvenile Re-entry Assistance Program • Choice Neighborhood Planning • Community Development Block Grant Indian Tribes and Alaska Native Villages • Jobs Plus Pilot • Choice Neighborhoods Implementation Non-Discretionary Programs • Self-Help Homeownership Opportunity Program (SHOP) • Community Development Technical Assistance • Section 4 Capacity Building for Community Development and Affordable Housing. • Tribal HUD–VASH Program for Community Development and Affordable Housing • Office of Fair Housing and Equal Opportunity • Fair Housing Assistance Program (FHAP) State and Local • Fair Housing Initiatives Program for Education and Outreach • Fair Housing Initiatives Program for Private Enforcement Initiatives • Fair Housing Initiatives Program for Fair Housing Organization Initiatives VerDate Sep<11>2014 Office of Policy Development and Research • Research and Evaluations, Demonstrations, and Data Analysis and Utilization DEPARTMENT OF THE INTERIOR National Park Service [NPS–WASO–CONC–32679; PPWOBSADC0, PPMVSCS1Y.Y00000] Notice of Intent To Award a SoleSource Concession Contract for Fire Island National Seashore National Park Service, Interior. Notice of proposed award of sole-source concession contract for Fire Island National Seashore. AGENCY: ACTION: Public notice is hereby given that the National Park Service proposes to award a sole-source concession contract for the conduct of certain visitor services within Fire Island National Seashore. The visitor services include marina operations, campground operations, food and beverage, and retail. SUMMARY: PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 2895 The term of the sole-source concession contract will commence (if awarded) no earlier than sixty (60) days from the publication of this notice, but the National Park Service intends for the term to begin January 1, 2022 (estimated) and end December 31, 2026. DATES: Kurt Rausch, Program Chief, Commercial Services Program, National Park Service, 1849 C Street NW, Mail Stop 2410, Washington, DC 20240; Telephone: 202–513–7156. FOR FURTHER INFORMATION CONTACT: Pursuant to 36 CFR 51.25, the Director of the National Park Service (Service) may award a concession contract noncompetitively upon a determination that extraordinary circumstances exist under which compelling and equitable considerations require the award of the concession contract to a particular qualified person in the public interest and that such an award is otherwise consistent with the requirements of part 51. Contracts that are awarded noncompetitively under this authority are commonly referred to as ‘‘sole-source’’ contracts. The Service has determined that the proposed award of a sole-source contract to Love Watch Hill and Sailors Haven, Inc. is necessary based on the following information. The extraordinary circumstances in this instance occurred after the Service issued a prospectus for a long-term contract and are a combination of the unanticipated failure of the docks’ electrical system, the complete loss of the restaurant in the Watch Hill area, and the COVID–19 pandemic. The Service exhausted the time allowed for temporary contracts authorized under 36 CFR 51.24 while addressing these complications and recognized that the loss of the restaurant, combined with the COVID–19 pandemic, altered the financial assumptions for any long-term contract compared with those used to develop the prospectus to the extent that the Service no longer could award the draft 10-year contract offered in the prospectus. The Service has determined that Love Watch Hill and Sailors Haven, Inc. is a ‘‘qualified person’’ as defined by 36 CFR 51.3, and has determined that compelling and equitable considerations exist with Love Watch Hill and Sailors Haven, Inc.’s continued provision of visitor services under stresses that would have deterred or even driven away many operators. Additionally, Love Watch Hill and Sailors Haven, Inc. holds the insurance proceeds to be used for the construction of the new restaurant. SUPPLEMENTARY INFORMATION: E:\FR\FM\19JAN1.SGM 19JAN1

Agencies

[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Notices]
[Pages 2894-2895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01071]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6310-N-01]


Identification of Federal Financial Assistance Infrastructure 
Programs Subject to the Build America, Buy America Provisions of the 
Infrastructure Investment and Jobs Act

AGENCY: Office of Chief Financial Officer, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces that the Department of Housing and Urban 
Development (HUD, the Department) has conducted an initial review 
required by the Build America, Buy America Act (the Act) to identify 
and evaluate its Federal financial assistance programs for 
infrastructure to determine whether they are inconsistent with the 
Infrastructure Investment and Jobs Act (the IIJA). The Act imposes 
domestic content procurement preference requirements on Federal 
financial assistance programs for infrastructure that do not currently 
have such a requirement and requires Federal agencies to evaluate each 
financial assistance program for infrastructure administered by the 
agency to identify programs inconsistent with the Act's requirements 
for application of a domestic procurement preference. Each Federal 
agency must submit its report on the agency's programs and related 
determinations to Congress and to the Office of Management and Budget 
(OMB) and publish its report in the Federal Register. Today's notice 
complies with the Act's publication and reporting requirements and 
contains HUD's list of identified Federal financial assistance programs 
for infrastructure. HUD has determined that none of the programs it has 
reviewed to date are consistent with the Act. HUD's initial analysis 
errs on the side of over-inclusiveness based on the Department's 
current understanding of information contained in the Act and the 
imminent timing requirements for reporting.

FOR ADDITIONAL INFORMATION CONTACT:  J. Malcom Smith, Management and 
Program Analyst, Grants Management and Oversight Division, Office of 
the Assistant Chief Financial Officer of Systems, Office of the Chief 
Financial Officer, Department of Housing and Urban Development, 451 7th 
Street SW, Washington, DC 20410-8000; telephone number 202-402-6472 
(this is not a toll-free number), or email [email protected] with the 
subject line ``Build America, Buy America''. Persons with hearing or 
speech impairments may access this number through TTY by calling the 
Federal Relay Service at 800-877-8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION: On November 15, 2021, the President signed 
into law the Infrastructure Investment and Jobs Act (Pub. L. 117-58) 
(the IIJA), which includes the Build America, Buy America Act at 
sections 70911 through 70927 (the Act). The Act ensures that Federal 
financial assistance programs for infrastructure require the use of 
materials produced in the United States, increases requirements for 
American-made content, and strengthens the waiver process associated 
with Buy American provisions. Section 70913 of the Act requires, within 
60 days of the enactment of the IIJA, that each Federal agency, 
including HUD,\1\ file a report with Congress and the Office of 
Management and Budget (OMB) which identifies and evaluates all 
financial assistance programs for infrastructure to determine whether 
the program is inconsistent with section 70914 of the Act. The report 
must be published in the Federal Register. The reports must identify 
and provide a list of which of these programs are ``deficient,'' as 
defined in section 70913(c) of the Act.\2\
---------------------------------------------------------------------------

    \1\ The Act applies to ``any authority of the United States that 
is an ``agency''' as defined in 44 U.S.C. 3502. Public Law 117-58, 
section 70912(3).
    \2\ The Act defines ``deficient programs'' as ``any Federal 
financial assistance program for infrastructure . . . for which a 
domestic content procurement preference requirement does not apply 
in a manner consistent with section 70914 of the law; or is subject 
to a waiver of general applicability not limited to the use of 
specific products for use in a specific project.'' Id. at section 
70913(c).
---------------------------------------------------------------------------

    Section 70914 of the Act requires that no later than 180 days after 
enactment of the IIJA (which would be May 14, 2022), Federal agencies 
``shall ensure that none of the funds made available for a Federal 
financial assistance program for infrastructure, including each 
deficient program, may be obligated for a project unless all of the 
iron, steel, manufactured products, and construction materials used in 
the project are produced in the United States.'' \3\ Federal agencies 
must identify all infrastructure programs and determine whether a 
program is inconsistent with section 70914 of the Act, regardless of 
whether the program received funding from IIJA. (HUD did not receive 
funding.) Pursuant to the Act, an infrastructure program is considered 
inconsistent with section 70914 if: (1) It does not require that all 
the iron, steel, manufactured products, and construction materials used 
in the project are produced in the United States; (2) it does not issue 
waivers and written justifications as specified in section 70914; or 
(3) it is subject to a waiver of general applicability under section 
70914(b) of the Act. On December 20, 2021, OMB issued a memorandum 
titled ``Identification of Federal Financial Assistance Infrastructure 
Programs Subject to the Build America, Buy America Provisions of the 
Infrastructure Investment and Jobs Act,'' M-22-08, to implement these 
requirements and provide guidance to Federal agencies.\4\
---------------------------------------------------------------------------

    \3\ Section 70912(4) of the Act defines ``Federal financial 
assistance'' and provides that the definition is consistent with the 
definition in 2 CFR 200.1 and includes ``all expenditures by a 
Federal agency to a non-Federal entity for an infrastructure 
project, except that it does not include expenditures for assistance 
authorized under section 402, 403, 404, 406, 408, or 502 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170a, 5170b, 5170c, 5172, 5174, or 5192) relating to a major 
disaster or emergency declared by the President under section 401 or 
501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre and 
post disaster or emergency response expenditures.''
    \4\ Available at https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-08.pdf.
---------------------------------------------------------------------------

    HUD awards discretionary funding through over 20 Grant programs and 
10 formula programs in support of HUD's mission. These programs 
generally meet the definition of ``Federal financial assistance'' as 
defined in the Act. HUD has evaluated these programs and they are 
included in this report, but a full assessment of whether they fund 
infrastructure as described by the Act has not yet been completed. HUD 
has

[[Page 2895]]

determined that no programs reviewed to date fully meet the 
requirements outlined in section 70914 of the Act. Details on each of 
these programs and the programs are listed below are included on a 
spreadsheet that can be accessed at: https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps. HUD's initial 
analysis errs on the side of over-inclusiveness, as recommended by OMB 
Memorandum M-22-08, based on the Department's current understanding of 
information contained in the Act and the imminent timing requirements 
for reporting.

Discretionary Programs

Office of Community Planning and Development

 Self-Help Homeownership Opportunity Program (SHOP)
 Community Development Technical Assistance
 Section 4 Capacity Building for Community Development and 
Affordable Housing.
 Tribal HUD-VASH Program for Community Development and 
Affordable Housing
 Office of Fair Housing and Equal Opportunity
 Fair Housing Assistance Program (FHAP) State and Local
 Fair Housing Initiatives Program for Education and Outreach
 Fair Housing Initiatives Program for Private Enforcement 
Initiatives
 Fair Housing Initiatives Program for Fair Housing Organization 
Initiatives

Office of Healthy Homes Lead Hazard Control

 Lead-Based Paint Hazard Control in Privately Owned Housing
 Lead and Healthy Homes Technical Studies
 Healthy Homes and Weatherization Cooperation Demonstration
 Healthy Homes Production Grant Program
 Lead Hazard Reduction Demonstration Grant Program
 Older Adults Modification Grant Program

Office of Housing

 Multifamily Housing Service Coordinator Grant Program
 Congregate Housing Services Program
 Project Rental Assistance Demonstration (PRA Demo) Program of 
Section 811 Supportive Housing for Persons with Disabilities
 Supportive Service Demonstration Program for Elderly Housing

Office of Policy Development and Research

 Research and Evaluations, Demonstrations, and Data Analysis 
and Utilization

Office of Public and Indian Housing

 Family Self Sufficiency
 Resident Self Sufficiency Service Coordinators
 Juvenile Re-entry Assistance Program
 Choice Neighborhood Planning
 Community Development Block Grant Indian Tribes and Alaska 
Native Villages
 Jobs Plus Pilot
 Choice Neighborhoods Implementation

Non-Discretionary Programs

Office of Community Planning and Development

 Community Development Block Grants/Entitlement Grants
 Community Development Block Grants/State's program and Non-
Entitlement Grants in Hawaii
 Emergency Solutions Grant Program
 Home Investment Partnerships Program
 Housing Opportunities for Persons with AIDS
 Housing Trust Fund

Office of Public and Indian Housing

 Tribal HUD-VASH Program
 Indian Housing Block Grants
 Public Housing Capital Fund

George Tomchick,
Deputy Chief Financial Officer, Office of the Chief Financial Officer.
[FR Doc. 2022-01071 Filed 1-14-22; 4:15 pm]
BILLING CODE 4210-67-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.