Extension of Public Interest, General Applicability Waiver of Build America, Buy America Provisions as Applied to Tribal Recipients of HUD Federal Financial Assistance: Final Notice, 34514-34518 [2023-11363]
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34514
Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Notices
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7076–N–14]
60-Day Notice of Proposed Information
Collection: Allocation of Operating
Fund Grant Under the Operating Fund
Formula: Data Collection; OMB Control
No.: 2577–0029
Office of the Assistant
Secretary for Public and Indian
Housing, (PIH), HUD.
ACTION: Notice.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
SUMMARY:
DATES:
for Public Comments’’ or by using the
search function. Interested persons are
also invited to submit comments
regarding this proposal by name and/or
OMB Control Number and can be sent
to: Colette Pollard, Reports Management
Officer, REE, Department of Housing
and Urban Development, 451 7th Street
SW, Room 8210, Washington, DC
20410–5000 or email at
PaperworkReductionActOffice@
hud.gov.
Comments Due Date: July 31,
2023.
Interested persons are
invited to submit comments regarding
this proposal. Written comments and
recommendations for the proposed
information collection can be submitted
within 60 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 60-day Review—Open
ADDRESSES:
Erica Mahoney, Office of Policy,
Programs and Legislative Initiatives,
PIH, Department of Housing and Urban
Development, 451 7th Street SW, (Room
3178), Washington, DC 20410;
telephone 202–402–6488, (this is not a
toll-free number). HUD welcomes and is
prepared to receive calls from
individuals who are deaf or hard of
hearing, as well as individuals with
speech or communication disabilities.
To learn more about how to make an
accessible telephone call, please visit
https://www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
Copies of available documents
submitted to OMB may be obtained
from Ms. Mahoney.
This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
section A.
SUPPLEMENTARY INFORMATION:
A. Overview of Information Collection
Title of Information Collection:
Allocation of Operating Funds under
the Operating Fund Formula: Data
Collection.
OMB Approval Number: 2577–0029.
Type of Request: Extension of
currently approved collections.
Form Number: HUD–52722 and
HUD–52723.
Description of the need for the
information and proposed use: Public
Housing Agencies (PHAs) use this
information in budget submissions
which are reviewed and approved by
HUD field offices as the basis for
obligating the operating fund grant. This
information is necessary to calculate the
eligibility for the operating fund grant
under the Operating Funding Program
regulations, as amended. The Operating
Fund is designed to provide the amount
of operating funds needed for wellmanaged PHAs. PHAs submit the
information electronically with these
forms.
HUD collects information for the
HUD–52723 and HUD–52722 through
web-based forms in the Operating Fund
Web Portal. HUD discontinued using
VBA enhanced Excel tools to collect this
data after CY 2022. Web-based forms
improve the availability of the forms to
PHAs, improve data integrity, and
secure transfer of the data from the PHA
to HUD. Web-based forms should not
increase the burden to complete.
TOTAL ESTIMATED BURDENS
Information collection
Number of
respondents
Frequency
of response
Burden hour
per response
Annual burden
hours
Hourly cost
per response
Annual cost
HUD–52723 .................
HUD–52722 .................
6,200
6,200
1
1
0.33
0.42
2,046
2,604
2,046
2,604
$37.66
37.66
$77,052
98,067
Total ......................
........................
........................
........................
4,650
........................
........................
175,119
B. Solicitation of Public Comment
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Responses
per annum
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
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who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comments in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
chapter 35.
Dated: May 18, 2023.
Lora D. Routt,
Acting Chief, Office of Policy, Programs and
Legislative Initiatives.
[FR Doc. 2023–11389 Filed 5–26–23; 8:45 am]
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6331–N–02C]
Extension of Public Interest, General
Applicability Waiver of Build America,
Buy America Provisions as Applied to
Tribal Recipients of HUD Federal
Financial Assistance: Final Notice
Office of the Secretary,
Department of Housing and Urban
Development (HUD).
ACTION: Final notice.
AGENCY:
In accordance with the Build
America, Buy America Act (BABA), this
notice advises that HUD is extending
the previously issued public interest,
general applicability waiver for an
SUMMARY:
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additional period of one year to the Buy
America Domestic Content Procurement
Preference (‘‘Buy America Preference,’’
or ‘‘BAP’’) as applied to Federal
Financial Assistance (‘‘FFA’’) provided
to Tribes, Tribally Designated Housing
Entities (‘‘TDHE’’s), and other Tribal
Entities (hereinafter collectively ‘‘Tribal
Recipients’’).
DATES: Applicable May 23, 2023 for
HUD Tribal FFA obligated by HUD on
or after the effective date of the waiver.
In addition, in the case of FFA obligated
by HUD in Tribal programs on or after
May 14, 2023 but prior to the effective
date of this Final Waiver, the waiver
applies to all expenditures incurred on
or after the effective date of the Final
Waiver.
FOR FURTHER INFORMATION CONTACT:
Faith Rogers, Department of Housing
and Urban Development, 451 Seventh
Street SW, Room 10126, Washington,
DC 20410–5000, at (202) 402–7082 (this
is not a toll-free number). HUD
welcomes and is prepared to receive
calls from individuals who are deaf or
hard of hearing, as well as individuals
with speech and communication
disabilities. To learn more about how to
make an accessible telephone call,
please visit https://www.fcc.gov/
consumers/guides/telecommunicationsrelay-service-trs. HUD encourages
submission of questions about this
document be sent to
BuildAmericaBuyAmerica@hud.gov.
SUPPLEMENTARY INFORMATION:
I. Build America, Buy America
The Build America, Buy America Act
(‘‘BABA’’ or ‘‘the Act’’) was enacted on
November 15, 2021, as part of the
Infrastructure Investment and Jobs Act
(‘‘IIJA’’) (Pub. L. 117–58). The Act
establishes a domestic content
procurement preference, the BAP, for
Federal infrastructure programs. Section
70914(a) of the Act establishes that no
later than 180 days after the date of
enactment, HUD must ensure that none
of the funds made available for
infrastructure projects may be obligated
by the Department unless it has taken
steps to ensure that the iron, steel,
manufactured products, and
construction materials used in a project
are produced in the United States. In
section 70912, the Act further defines a
project to include ‘‘the construction,
alteration, maintenance, or repair of
infrastructure in the United States’’ and
includes within the definition of
infrastructure those items traditionally
included along with buildings and real
property. Thus, starting May 14, 2022,
new awards of HUD FFA, and any of
those funds newly obligated by HUD
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then obligated by the grantee for
infrastructure projects, are covered
under BABA provisions of the Act, 41
U.S.C. 8301 note, unless covered by a
waiver.
II. HUD’s Progress in Implementation of
the Act Generally
Since the enactment of the Act, HUD
has worked diligently to develop a plan
to fully implement the BAP across its
FFA programs awarding funds to nonTribal Recipients. HUD understands
that advancing Made in America
objectives is a continuous effort and
believes setting forth a transparent
schedule of future implementation in
those programs provides industry
partners and non-Tribal Recipients with
the time and notice necessary to
efficiently and effectively implement
the BAP. HUD recently announced
plans to move forward with the
implementation of the new BAP
requirements in connection with its
award of FFA to non-Tribal Recipients
in a manner designed to maximize
coordination and collaboration to
support long-term investments in
domestic production. HUD continues its
efforts to implement the Act in those
programs consistent with the guidance
and requirements of the Made in
America Office of the Office of
Management and Budget, including
guidance concerning appropriate
compliance with the BAP.
In order to ensure orderly
implementation of the BAP across
HUD’s FFA programs awarding funds to
non-Tribal Recipients, HUD has
provided public interest, general
applicability waivers in order to
implement the BAP in phases in
connection with the application of the
BAP in such programs and announced
a corresponding implementation plan
for all non-Tribal Recipients. As part of
those efforts, HUD has published two
general applicability, public interest
waivers covering Exigent Circumstances
and De Minimis and Small Grants,
which can be found at https://
www.hud.gov/program_offices/general_
counsel/BABA.
Additionally, as noted above, HUD
previously published a one-year general
applicability, public interest waiver of
the BAP in connection with FFA
provided to Tribal Recipients 1 effective
1 For purposes of this waiver, the term ‘‘Tribal
Recipients’’ includes all recipients of grants or loan
guarantees administered by HUD’s Office of Native
American Programs. This includes Indian tribes and
TDHEs receiving grants and loan guarantee
assistance under the Native American Housing
Assistance and Self-Determination Act’s
(NAHASDA’s) Indian Housing Block Grant Program
and Title VI Loan Guarantee Program, and Indian
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May 14, 2022 to provide the agency
with sufficient time to complete the
Tribal consultation process regarding
implementation of the BAP in
connection with infrastructure projects.
During the pendency of such waiver,
HUD actively participated in
governmentwide consultation efforts
with respect to the applicability of the
provisions of the Build America, Buy
America Act to Tribal Recipients,
generally. Specifically, on September
21, 2022, eight agencies (U.S.
Department of the Interior, U.S.
Department of Agriculture, U.S.
Department of Housing and Urban
Development, U.S. Department of
Homeland Security, U.S. Department of
Energy, U.S. Department of
Transportation, U.S. Department of
Commerce, and U.S. Small Business
Administration) participated in a joint
consultation hosted by the White House
Council on Native American Affairs to
consult with Tribal Nations on
discretionary Buy America Preference
provisions and the waiver categories
characterized in the OMB
memorandum. Based on the
consultations held, Tribes were
requested to provide written comments
and feedback by October 20, 2022 for
Federal agency consideration. The
resulting comments were received by
the White House Council and
distributed to agencies on October 25,
2022.
HUD is now moving forward with
consultation on specific plans for
implementation of the BAP in HUD’s
FFA provided to Tribal Recipients, in
light of the comments received from the
Tribal leaders and the progress the
agency has made implementing the BAP
in other FFA programs. In order to
appropriately engage in consultation as
described in HUD’s Tribal Governmentto-Government Consultation Policy,2
consistent with President Biden’s
‘‘Tribal Consultation and Strengthening
Nation-to-Nation Relationships’’
Memorandum regarding the appropriate
application of BAP to such entities,
HUD needs an additional period of time
tribes and Tribal Organizations receiving Indian
Community Development Block Grant funds under
the Housing and Community Development Act of
1974. It also includes Federal Financial Assistance
provided by HUD to the Department of Hawaiian
Home Lands (‘‘DHHL’’) which receives annual grant
funding under the Native Hawaiian Housing Block
Grant (‘‘NHHBG’’) program. HUD will seek feedback
from DHHL on BAP implementation and has an
interest in ensuring that the NHHBG program aligns
with the broader Indian Housing Block Grant
program given the similarities amongst the two
programs and the fact that they are both authorized
under ‘‘NAHASDA’’.
2 https://www.hud.gov/program_offices/public_
indian_housing/ih/regs/govtogov_tcp. See also 81
FR 40893.
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in which to further consult on the more
specific application of the BAP to
HUD’s Tribal Recipients.
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III. Waiver Authority
Under section 70914(b), HUD and
other Federal agencies have authority to
waive the application of a domestic
content procurement preference when
(1) application of the preference would
be contrary to the public interest, (2) the
materials and products subject to the
preference are not produced in the
United States at a sufficient and
reasonably available quantity or
satisfactory quality, or (3) inclusion of
domestically produced materials and
products would increase the cost of the
overall project by more than 25 percent.
Section 70914(c) provides that a waiver
under section 70914(b) must be
published by the agency with a detailed
written explanation for the proposed
determination and provide a public
comment period of not less than 15
days. Pursuant to section 70914(d)(2),
when seeking to extend a waiver of
general applicability, HUD is required to
provide for a public comment period of
not less than 30 days on the continued
need for such waiver.
On May 14, 2022, HUD published a
General Applicability Waiver of Build
America, Buy America Provisions as
Applied to Tribal Recipients of HUD
Federal Financial Assistance for a
period of one year. The current waiver
expires on May 14, 2023. During this
time period, HUD participated in an
interagency Tribal Consultation on the
implementation of BABA and
participated in an interagency
workgroup to address issues raised
during the joint consultation.
IV. Tribal Infrastructure and HUD
Programs
Many Tribal communities still lack
basic infrastructure such as roads,
running water, and indoor plumbing.
The need for safe, decent, and sanitary
housing is immense. In its 2017 Housing
Needs Study, HUD concluded that
68,000 new units were needed in Indian
Country to replace inadequate units and
eliminate severe overcrowding. That
same study found that the lack of
infrastructure was the number one
barrier to housing development in many
Tribal communities. Not only is
infrastructure in many Tribal
communities in dire need of repair and
modernization, but Tribes also often
find it difficult to locate available
supplies, suppliers, and construction
labor necessary to develop that
infrastructure.
The COVID–19 pandemic
compounded the infrastructure
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challenges faced by many Native
American communities. Recent
feedback from Tribal Recipients has
disclosed the numerous challenges they
experienced while implementing the
various HUD COVID–19 relief programs.
A lack of supplies and a lack of
available contractors working in Tribal
communities were identified as the
primary challenges faced by Tribal
Recipients. Tribal Recipients indicated
to HUD that procuring supplies and
materials can be very difficult at times,
and this made HUD-funded
infrastructure projects challenging to
implement to completion and at
budgeted cost. Even when supplies were
available for purchase, increased costs
for steel, lumber, and transportation
combined with lack of developers to bid
on projects led to a backlog of
construction projects and severely
impacted Tribes’ ability to complete
important infrastructure projects and
construct new housing.
Unfortunately, many Tribes are more
disconnected from American supply
chains than the average HUD grantee
due to their remoteness. For example,
some Alaska Native villages are not on
the road system, must develop
infrastructure and housing during an
extremely short construction season,
and must grapple with unique
transportation limitations, including
having to ship basic construction
materials only twice per year by barge
at extremely elevated costs. These
Tribes often report to HUD that it can
be a major challenge to secure space on
a barge for construction materials. At
times, even when space is secured, any
unexpected setbacks faced, such as loss
of cargo, materials damaged through
shipping, or miscalculation of the
appropriate amount or quality of
materials needed, can result in
infrastructure and housing projects
being delayed an entire construction
season. These Tribes end up waiting for
the next barge in six months and face
cost overruns.
Annually, HUD provides over $1
billion in FFA to almost 600 sovereign
Tribal Nations. Programs like the Indian
Housing Block Grant (‘‘IHBG’’) and the
Indian Community Development Block
Grant (‘‘ICDBG’’) program are critical
programs that allow the Federal
Government to carry out its trust
responsibilities and support affordable
housing and infrastructure development
in Tribal communities. Under these
programs, HUD provides block grant
funding to Tribal Recipients to help
address these housing and infrastructure
needs—particularly for the benefit of
low- and moderate-income families.
HUD anticipates that the BAP will apply
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to some projects funded under these
programs. Accordingly, HUD must
ensure that Tribal Recipients are able to
effectively implement the BAP in a
manner that ensures that the purposes
of BABA are carried out, while at the
same time preventing additional undue
barriers to the development of Tribal
infrastructure, which has suffered from
decades of underinvestment.
HUD has determined that the prior
one-year waiver period was insufficient
to fully consult and assess the impacts
that BAP will have on HUD’s Tribal
Recipients. While the interagency
consultation webinar provided HUD
with some additional insight into how
the BAP will impact Tribal communities
generally, HUD is particularly interested
in seeking more tailored Tribal feedback
on the impact of the BAP on
infrastructure projects that are funded
under HUD’s various Tribal programs.
Additionally, since the interagency
webinar was held in 2022, HUD has
determined to implement the BAP in a
phased manner across its non-Tribal
programs. With the benefit of this recent
determination, HUD needs additional
time to seek Tribal feedback on whether
and when HUD should take a similar
phased approach with respect to the
implementation of the BAP under its
Tribal programs. HUD will also assess
the unique and diverse conditions of
Tribal communities across Indian
Country and determine how the BAP
should be applied after taking those
conditions into account. Additional
time is needed to consult with Tribal
Leaders.
V. Public Interest in a General
Applicability Waiver of Buy America
Provisions for Tribes, TDHEs, and
Other Tribal Entities (‘‘Tribal
Recipients’’)
HUD sought public comment on a
limited, one-year extension of HUD’s
existing public interest, general
applicability waiver of the BAP in
connection with HUD’s FFA to Tribal
Recipients to provide the Department
with sufficient time to complete
consultation consistent with HUD’s
Tribal Government-to-Government
Consultation Policy. HUD’s ‘Tribal
Government-to-Government
Consultation Policy’ was adopted in
compliance with Executive Order
13175, ‘‘Consultation with Indian Tribal
Governments,’’ and outlines the internal
procedures and principles HUD must
follow when communicating and
coordinating on HUD programs and
activities that affect Native American
Tribes. HUD’s Tribal Consultation
policy recognizes the right of Tribes to
self-government and facilitates Tribal
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participation and input in HUD’s
implementation of programs and FFA
directed to Tribal communities.
In fiscal year 2023, Tribal Entities
received over $1 billion through the
Department’s programs. Infrastructure is
an eligible activity under some of these
programs and could be subject to the
BAP. HUD believes that full compliance
with the BAP will create ongoing
demand for domestically produced
products and deepen domestic supply
chains. Because the potential
application of BAP mandated by the Act
would be new to all HUD Tribal FFA
recipients, HUD has not had the benefit
of engaging in fulsome consultation
consistent with its Tribal Consultation
policy concerning the application of the
BAP to Tribal Recipients—particularly
with respect to how the BAP should
apply to HUD’s various Tribal programs,
how the BAP should be phased in to
allow for successful implementation,
and how compliance will be verified.
While HUD participated in a general
consultation session as part of a
governmentwide interagency process
regarding the general application of the
BAP to Tribal Recipients, because of the
significance and potentially wide scope
of new requirements necessary to
demonstrate compliance with BAP or to
seek waivers of BAP for specific
products or projects, it is imperative
that HUD further engage in Tribal
consultation on the specific intended
application of the BAP to FFA awarded
to HUD’s Tribal Recipients.
HUD now has the benefit of having
fully considered an appropriate method
of phased implementation across its
other FFA programs and has begun the
methodical implementation of the BAP
in those other FFA programs. With the
benefit of this experience and the
benefit of the governmentwide
consultation efforts, HUD will conduct
a more tailored consultation process
with the Tribal Recipients of HUD FFA
specifically focused on the BAP
application to HUD’s various Tribal
housing and community development
programs. HUD believes that the Tribal
consultation process is necessary for the
successful implementation of the BAP
across its covered FFA programs
funding infrastructure projects, that a
full and meaningful Tribal consultation
process will allow HUD to determine
the potential impact of the Act’s Buy
America Preference on Tribal
governments and communities and will
inform a tailored implementation for
Tribal Recipients that recognizes the
sovereignty and unique status of Tribal
governments. Accordingly, HUD has
determined that it would be contrary to
the public’s interest to apply the BAP to
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FFA awards to Tribal Recipients prior to
completion of further Tribal
consultation. In addition, HUD
published the proposed waiver in the
Federal Register with an extension of
the comment period to May 8, 2023.
VI. Planned Tribal Consultation
Similar to other HUD programs, HUD
will seek Tribal feedback consistent
with HUD’s Tribal Government-toGovernment Consultation Policy and
Executive Order 13175 on when and
how to phase in the BAP for FFA
provided to Tribal Recipients. HUD will
also solicit Tribal feedback on other
related issues, including how to
effectively implement the BAP for
extremely remote communities, such as
remote Native Alaskan Villages, that are
more disconnected from traditional
supply chains, have an extremely short
construction seasons, are located off the
road system, and are reliant on barges to
ship construction materials. HUD
acknowledges that rural Tribal
communities and Alaska Native Villages
have expressed major concerns about
availability of American-made products
and continue to struggle with challenges
because of their proximity away from
main supply sources. Tribes are already
facing major challenges with accessing
construction materials, and major cost
overruns due to a lack of available
materials—particularly in remote Tribal
communities.
During the one-year waiver period,
HUD has identified various scheduled
national and regional convenings and
conferences where HUD intends to host
in-person Tribal consultation sessions
with Tribal leaders to discuss the BAP.
Currently, HUD is scheduled to present
during the Forum on Affordable
Housing and Community Development
Annual Conference. Additionally, HUD
will seek to engage with Tribes and
Tribal housing practitioners at the
various quarterly and semi-annual
regional housing association meetings
that are planned during the one-year
waiver period. These association
meetings are routinely attended by HUD
Tribal Recipients who will be charged
with complying with the BAP once it
goes into effect. Consistent with past
practice, HUD also intends to conduct
some Tribal consultation virtually. HUD
will do so by soliciting written feedback
from Tribal leaders specifically
addressing the impact of the BAP on
HUD’s Tribal programs.
After receiving Tribal feedback, HUD
will seek to implement the BAP in a
manner that advances the Made in
America objectives while also ensuring
that the BAP implementation does not
serve as a major barrier to Tribal
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communities’ efforts to develop critical
infrastructure. Many Tribal
communities lack running water, sewer,
roads, and basic infrastructure. HUD
will implement the BAP in a thoughtful
manner that ensures that Tribal
Recipients can effectively implement
the BAP without substantial negative
impacts on planned and ongoing critical
infrastructure projects. HUD will also
seek to provide additional technical
assistance resources to ensure that
Tribal Recipients can build capacity and
be in a better position to comply with
the BAP. Therefore, HUD is extending
for a period of one year the waiver of its
general applicability, public interest
waiver of the application of the BAP in
connection with FFA awards to Tribal
Recipients that are obligated by HUD
during the pendency of the waiver.
VII. Assessment of Cost Advantage of a
Foreign-Sourced Product
Under OMB Memorandum M–22–11,
‘‘Memorandum for Heads of Executive
Departments and Agencies,’’ published
on April 18, 2022, agencies are expected
to assess ‘‘whether a significant portion
of any cost advantage of a foreignsourced product is the result of the use
of dumped steel, iron, or manufactured
products or the use of injuriously
subsidized steel, iron, or manufactured
products’’ as appropriate before granting
a public interest waiver. HUD’s analysis
has concluded that this assessment is
not applicable to this waiver, as this
waiver is not based in the cost of
foreign-sourced products.
VIII. Limited Duration of the Waiver
HUD remains committed to the
successful implementation of the
important BAP across its programs
providing covered FFA for
infrastructure projects, while
recognizing the unique government-togovernment relationship it has with
Tribal Recipients receiving HUD FFA
for infrastructure projects. HUD is
committed to engaging in a timely
consultation process as noted above to
further this goal.
IX. Solicitation of Comments
As required under section 70914 of
the Act, HUD solicited comment from
the public on the waiver announced in
a Notice on its website for a period of
30 days and published the proposed
waiver in the Federal Register. A total
of three comments were received in
response to the proposed one-year
waiver extension. HUD thoroughly
reviewed and considered each of the
comments in determining to move
forward with the issuance of this waiver
and implementation plan as published
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in this Final Notice. Two of the
commenters were very supportive of the
one-year waiver extension. One of the
commenters opposed the one-year
extension waiver with respect to steel,
in particular. HUD appreciates the
comments and believes the one-year
waiver extension of the application of
the BAP as set forth in this Final Notice
is appropriate and in the public interest
in light of the importance of HUD’s
planned tribal consultation.3 HUD will
continue to monitor the implementation
of the BAP across its programs to ensure
the most robust application possible in
light of the important public interests
discussed above.
This Final Notice is applicable to
Tribal FFA obligated by HUD on or after
the effective date of this Final Notice
throughout the one-year waiver period.
This Final Notice is also applicable to
any expenditures of Tribal FFA
obligated by HUD between May 14,
2023 and the effective date of this Final
Notice that occur on or after the
effective date of this Final Notice.
Suzanne Morris,
Deputy Director Civil Enforcement
Operations, Antitrust Division.
United States District Court for the
District of Maryland
United States of America, Plaintiff, v.
Cargill Meat Solutions Corporation, et
al., Defendants.
Civil Action No.: 22–cv–1821
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act,
15 U.S.C. 16(b)–(h), that the Response of
the United States to Public Comments
on (a) the proposed Final Judgment as
to Defendants Cargill Meat Solutions
Corp. and Cargill, Inc. (‘‘Cargill’’),
Wayne Farms, LLC (‘‘Wayne’’), and
Sanderson Farms, Inc. (‘‘Sanderson’’)
(collectively, ‘‘Processor Settling
Defendants’’); and (b) the proposed
Final Judgment as to Webber, Meng,
Sahl and Company, Inc., d/b/a WMS &
Company, Inc. (‘‘WMS’’) and G.
Jonathan Meng (‘‘Meng’’) (collectively,
‘‘Consultant Settling Defendants’’) has
been filed with the United States
District Court for the District of
Response of Plaintiff United States to
Public Comments on the Proposed Final
Judgments
Pursuant to the Antitrust Procedures
and Penalties Act, 15 U.S.C. 16(b)–(h)
(the ‘‘Tunney Act’’), the United States of
America responds to the public
comments received by the United States
about (a) the proposed Final Judgment
in this case as to Defendants Cargill
Meat Solutions Corp. and Cargill, Inc.
(‘‘Cargill’’), Wayne Farms, LLC
(‘‘Wayne’’), and Sanderson Farms, Inc.
(‘‘Sanderson’’) (collectively, ‘‘Processor
Settling Defendants’’); and (b) the
proposed Final Judgment in this case as
to Webber, Meng, Sahl and Company,
Inc., d/b/a WMS & Company, Inc.
(‘‘WMS’’) and G. Jonathan Meng
(‘‘Meng’’) (collectively, ‘‘Consultant
Settling Defendants’’). The Processor
Settling Defendants and the Consultant
Settling Defendants are collectively the
‘‘Settling Defendants.’’
After this Response has been
published in the Federal Register,
pursuant to 15 U.S.C. 16(d), the United
States will move that the Court enter the
proposed Final Judgments.1
After careful consideration of the
comments submitted, the United States
continues to believe that the proposed
remedies will address the harm alleged
in the Complaint and are therefore in
the public interest. The proposed Final
Judgments will prevent the Settling
Defendants from conspiring to (1) assist
their competitors in making
compensation decisions, (2) exchange
current and future, disaggregated, and
identifiable compensation information,
and (3) facilitate this anticompetitive
3 HUD has and will continue to provide training
sessions with grantees to increase grantees’
knowledge about Build America, Buy America and
the Buy America Preference requirements as they
relate to HUD programs and HUD FFA used by
Non-Federal entities to purchase iron and steel,
construction materials, and manufactured products
to be used infrastructure projects.
1 On January 27, 2023, the United States moved
the Court to permit the United States to publish the
public comments on the Antitrust Division’s
website, due to the expense of publishing the
comments in the Federal Register and the
accessibility to the public of the Division’s website.
Those comments can be accessed at
www.justice.gov/atr.
Dated: May 23, 2023.
Marcia L. Fudge,
Secretary.
[FR Doc. 2023–11363 Filed 5–26–23; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF JUSTICE
Antitrust Division
United States v. Cargill Meat Solutions
Corp., et al.; Response of the United
States to Public Comments on the
Proposed Final Judgments
ddrumheller on DSK120RN23PROD with NOTICES1
Maryland in United States of America v.
Cargill Meat Solutions Corp., et al., Civil
Action No. 22–cv–1821.
Copies of the Public Comments and
the United States’ Response are
available for inspection on the Antitrust
Division’s website at https://
www.justice.gov/atr.
VerDate Sep<11>2014
17:16 May 26, 2023
Jkt 259001
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
agreement. The United States
appreciates that some commenters
believe that other significant issues
remain in the poultry industry. And the
United States does not contend that the
proposed Final Judgments address all
potential issues in the poultry industry.
The question before the court, however,
is limited to whether the proposed Final
Judgments appropriately address the
antitrust claims alleged in the
Complaint against the Settling
Defendants. Upon a thorough review of
the comments, the United States
believes that the proposed Final
Judgments do resolve those claims in
the public interest.
I. Procedural History
On July 25, 2022, the United States
filed a civil Complaint against the
Settling Defendants to enjoin them from
collaborating on decisions about poultry
plant worker compensation, including
through the exchange of compensation
information, which suppressed
competition in the nationwide and local
labor markets for poultry processing.
The Complaint alleges that this conduct
is anticompetitive and violates Section
1 of the Sherman Act, 15 U.S.C. 1. The
Complaint also alleges that Defendants
Sanderson and Wayne acted deceptively
in the manner in which they
compensated poultry growers in
violation of Section 202(a) of the
Packers and Stockyards Act, 1921, as
amended and supplemented, 7 U.S.C.
192(a) (the ‘‘PSA’’). As explained below,
the proposed settlement as to the PSA
claim is not subject to review under the
Tunney Act.
Contemporaneously, the United States
filed the proposed Final Judgments as to
the Processor Settling Defendants 2 and
the Consultant Settling Defendants, as
well as Stipulations signed by these
parties that consent to entry of the
proposed Final Judgments after
compliance with the requirements of the
Tunney Act. (ECF 2 & 3.) On September
12, 2022, the United States filed a
Competitive Impact Statement
describing the proposed Final
Judgments. (ECF 37.)
The United States arranged for the
publication of the Complaint, the
proposed Final Judgments, and the
Competitive Impact Statement in the
Federal Register on September 16, 2022,
and caused notice regarding the same,
together with directions for the
submission of written comments
relating to the proposed Final
2 On July 22, 2022, the Processor Settling
Defendants announced that a joint venture of
Cargill and Wayne acquired Sanderson. The terms
of the proposed Final Judgment apply to all
successors of the Processor Settling Defendants.
E:\FR\FM\30MYN1.SGM
30MYN1
]]>Agencies
[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Notices]
[Pages 34514-34518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11363]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6331-N-02C]
Extension of Public Interest, General Applicability Waiver of
Build America, Buy America Provisions as Applied to Tribal Recipients
of HUD Federal Financial Assistance: Final Notice
AGENCY: Office of the Secretary, Department of Housing and Urban
Development (HUD).
ACTION: Final notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Build America, Buy America Act (BABA),
this notice advises that HUD is extending the previously issued public
interest, general applicability waiver for an
[[Page 34515]]
additional period of one year to the Buy America Domestic Content
Procurement Preference (``Buy America Preference,'' or ``BAP'') as
applied to Federal Financial Assistance (``FFA'') provided to Tribes,
Tribally Designated Housing Entities (``TDHE''s), and other Tribal
Entities (hereinafter collectively ``Tribal Recipients'').
DATES: Applicable May 23, 2023 for HUD Tribal FFA obligated by HUD on
or after the effective date of the waiver. In addition, in the case of
FFA obligated by HUD in Tribal programs on or after May 14, 2023 but
prior to the effective date of this Final Waiver, the waiver applies to
all expenditures incurred on or after the effective date of the Final
Waiver.
FOR FURTHER INFORMATION CONTACT: Faith Rogers, Department of Housing
and Urban Development, 451 Seventh Street SW, Room 10126, Washington,
DC 20410-5000, at (202) 402-7082 (this is not a toll-free number). HUD
welcomes and is prepared to receive calls from individuals who are deaf
or hard of hearing, as well as individuals with speech and
communication disabilities. To learn more about how to make an
accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. HUD encourages submission
of questions about this document be sent to
[email protected].
SUPPLEMENTARY INFORMATION:
I. Build America, Buy America
The Build America, Buy America Act (``BABA'' or ``the Act'') was
enacted on November 15, 2021, as part of the Infrastructure Investment
and Jobs Act (``IIJA'') (Pub. L. 117-58). The Act establishes a
domestic content procurement preference, the BAP, for Federal
infrastructure programs. Section 70914(a) of the Act establishes that
no later than 180 days after the date of enactment, HUD must ensure
that none of the funds made available for infrastructure projects may
be obligated by the Department unless it has taken steps to ensure that
the iron, steel, manufactured products, and construction materials used
in a project are produced in the United States. In section 70912, the
Act further defines a project to include ``the construction,
alteration, maintenance, or repair of infrastructure in the United
States'' and includes within the definition of infrastructure those
items traditionally included along with buildings and real property.
Thus, starting May 14, 2022, new awards of HUD FFA, and any of those
funds newly obligated by HUD then obligated by the grantee for
infrastructure projects, are covered under BABA provisions of the Act,
41 U.S.C. 8301 note, unless covered by a waiver.
II. HUD's Progress in Implementation of the Act Generally
Since the enactment of the Act, HUD has worked diligently to
develop a plan to fully implement the BAP across its FFA programs
awarding funds to non-Tribal Recipients. HUD understands that advancing
Made in America objectives is a continuous effort and believes setting
forth a transparent schedule of future implementation in those programs
provides industry partners and non-Tribal Recipients with the time and
notice necessary to efficiently and effectively implement the BAP. HUD
recently announced plans to move forward with the implementation of the
new BAP requirements in connection with its award of FFA to non-Tribal
Recipients in a manner designed to maximize coordination and
collaboration to support long-term investments in domestic production.
HUD continues its efforts to implement the Act in those programs
consistent with the guidance and requirements of the Made in America
Office of the Office of Management and Budget, including guidance
concerning appropriate compliance with the BAP.
In order to ensure orderly implementation of the BAP across HUD's
FFA programs awarding funds to non-Tribal Recipients, HUD has provided
public interest, general applicability waivers in order to implement
the BAP in phases in connection with the application of the BAP in such
programs and announced a corresponding implementation plan for all non-
Tribal Recipients. As part of those efforts, HUD has published two
general applicability, public interest waivers covering Exigent
Circumstances and De Minimis and Small Grants, which can be found at
https://www.hud.gov/program_offices/general_counsel/BABA.
Additionally, as noted above, HUD previously published a one-year
general applicability, public interest waiver of the BAP in connection
with FFA provided to Tribal Recipients \1\ effective May 14, 2022 to
provide the agency with sufficient time to complete the Tribal
consultation process regarding implementation of the BAP in connection
with infrastructure projects. During the pendency of such waiver, HUD
actively participated in governmentwide consultation efforts with
respect to the applicability of the provisions of the Build America,
Buy America Act to Tribal Recipients, generally. Specifically, on
September 21, 2022, eight agencies (U.S. Department of the Interior,
U.S. Department of Agriculture, U.S. Department of Housing and Urban
Development, U.S. Department of Homeland Security, U.S. Department of
Energy, U.S. Department of Transportation, U.S. Department of Commerce,
and U.S. Small Business Administration) participated in a joint
consultation hosted by the White House Council on Native American
Affairs to consult with Tribal Nations on discretionary Buy America
Preference provisions and the waiver categories characterized in the
OMB memorandum. Based on the consultations held, Tribes were requested
to provide written comments and feedback by October 20, 2022 for
Federal agency consideration. The resulting comments were received by
the White House Council and distributed to agencies on October 25,
2022.
---------------------------------------------------------------------------
\1\ For purposes of this waiver, the term ``Tribal Recipients''
includes all recipients of grants or loan guarantees administered by
HUD's Office of Native American Programs. This includes Indian
tribes and TDHEs receiving grants and loan guarantee assistance
under the Native American Housing Assistance and Self-Determination
Act's (NAHASDA's) Indian Housing Block Grant Program and Title VI
Loan Guarantee Program, and Indian tribes and Tribal Organizations
receiving Indian Community Development Block Grant funds under the
Housing and Community Development Act of 1974. It also includes
Federal Financial Assistance provided by HUD to the Department of
Hawaiian Home Lands (``DHHL'') which receives annual grant funding
under the Native Hawaiian Housing Block Grant (``NHHBG'') program.
HUD will seek feedback from DHHL on BAP implementation and has an
interest in ensuring that the NHHBG program aligns with the broader
Indian Housing Block Grant program given the similarities amongst
the two programs and the fact that they are both authorized under
``NAHASDA''.
---------------------------------------------------------------------------
HUD is now moving forward with consultation on specific plans for
implementation of the BAP in HUD's FFA provided to Tribal Recipients,
in light of the comments received from the Tribal leaders and the
progress the agency has made implementing the BAP in other FFA
programs. In order to appropriately engage in consultation as described
in HUD's Tribal Government-to-Government Consultation Policy,\2\
consistent with President Biden's ``Tribal Consultation and
Strengthening Nation-to-Nation Relationships'' Memorandum regarding the
appropriate application of BAP to such entities, HUD needs an
additional period of time
[[Page 34516]]
in which to further consult on the more specific application of the BAP
to HUD's Tribal Recipients.
---------------------------------------------------------------------------
\2\ https://www.hud.gov/program_offices/public_indian_housing/ih/regs/govtogov_tcp. See also 81 FR 40893.
---------------------------------------------------------------------------
III. Waiver Authority
Under section 70914(b), HUD and other Federal agencies have
authority to waive the application of a domestic content procurement
preference when (1) application of the preference would be contrary to
the public interest, (2) the materials and products subject to the
preference are not produced in the United States at a sufficient and
reasonably available quantity or satisfactory quality, or (3) inclusion
of domestically produced materials and products would increase the cost
of the overall project by more than 25 percent. Section 70914(c)
provides that a waiver under section 70914(b) must be published by the
agency with a detailed written explanation for the proposed
determination and provide a public comment period of not less than 15
days. Pursuant to section 70914(d)(2), when seeking to extend a waiver
of general applicability, HUD is required to provide for a public
comment period of not less than 30 days on the continued need for such
waiver.
On May 14, 2022, HUD published a General Applicability Waiver of
Build America, Buy America Provisions as Applied to Tribal Recipients
of HUD Federal Financial Assistance for a period of one year. The
current waiver expires on May 14, 2023. During this time period, HUD
participated in an interagency Tribal Consultation on the
implementation of BABA and participated in an interagency workgroup to
address issues raised during the joint consultation.
IV. Tribal Infrastructure and HUD Programs
Many Tribal communities still lack basic infrastructure such as
roads, running water, and indoor plumbing. The need for safe, decent,
and sanitary housing is immense. In its 2017 Housing Needs Study, HUD
concluded that 68,000 new units were needed in Indian Country to
replace inadequate units and eliminate severe overcrowding. That same
study found that the lack of infrastructure was the number one barrier
to housing development in many Tribal communities. Not only is
infrastructure in many Tribal communities in dire need of repair and
modernization, but Tribes also often find it difficult to locate
available supplies, suppliers, and construction labor necessary to
develop that infrastructure.
The COVID-19 pandemic compounded the infrastructure challenges
faced by many Native American communities. Recent feedback from Tribal
Recipients has disclosed the numerous challenges they experienced while
implementing the various HUD COVID-19 relief programs. A lack of
supplies and a lack of available contractors working in Tribal
communities were identified as the primary challenges faced by Tribal
Recipients. Tribal Recipients indicated to HUD that procuring supplies
and materials can be very difficult at times, and this made HUD-funded
infrastructure projects challenging to implement to completion and at
budgeted cost. Even when supplies were available for purchase,
increased costs for steel, lumber, and transportation combined with
lack of developers to bid on projects led to a backlog of construction
projects and severely impacted Tribes' ability to complete important
infrastructure projects and construct new housing.
Unfortunately, many Tribes are more disconnected from American
supply chains than the average HUD grantee due to their remoteness. For
example, some Alaska Native villages are not on the road system, must
develop infrastructure and housing during an extremely short
construction season, and must grapple with unique transportation
limitations, including having to ship basic construction materials only
twice per year by barge at extremely elevated costs. These Tribes often
report to HUD that it can be a major challenge to secure space on a
barge for construction materials. At times, even when space is secured,
any unexpected setbacks faced, such as loss of cargo, materials damaged
through shipping, or miscalculation of the appropriate amount or
quality of materials needed, can result in infrastructure and housing
projects being delayed an entire construction season. These Tribes end
up waiting for the next barge in six months and face cost overruns.
Annually, HUD provides over $1 billion in FFA to almost 600
sovereign Tribal Nations. Programs like the Indian Housing Block Grant
(``IHBG'') and the Indian Community Development Block Grant (``ICDBG'')
program are critical programs that allow the Federal Government to
carry out its trust responsibilities and support affordable housing and
infrastructure development in Tribal communities. Under these programs,
HUD provides block grant funding to Tribal Recipients to help address
these housing and infrastructure needs--particularly for the benefit of
low- and moderate-income families. HUD anticipates that the BAP will
apply to some projects funded under these programs. Accordingly, HUD
must ensure that Tribal Recipients are able to effectively implement
the BAP in a manner that ensures that the purposes of BABA are carried
out, while at the same time preventing additional undue barriers to the
development of Tribal infrastructure, which has suffered from decades
of underinvestment.
HUD has determined that the prior one-year waiver period was
insufficient to fully consult and assess the impacts that BAP will have
on HUD's Tribal Recipients. While the interagency consultation webinar
provided HUD with some additional insight into how the BAP will impact
Tribal communities generally, HUD is particularly interested in seeking
more tailored Tribal feedback on the impact of the BAP on
infrastructure projects that are funded under HUD's various Tribal
programs. Additionally, since the interagency webinar was held in 2022,
HUD has determined to implement the BAP in a phased manner across its
non-Tribal programs. With the benefit of this recent determination, HUD
needs additional time to seek Tribal feedback on whether and when HUD
should take a similar phased approach with respect to the
implementation of the BAP under its Tribal programs. HUD will also
assess the unique and diverse conditions of Tribal communities across
Indian Country and determine how the BAP should be applied after taking
those conditions into account. Additional time is needed to consult
with Tribal Leaders.
V. Public Interest in a General Applicability Waiver of Buy America
Provisions for Tribes, TDHEs, and Other Tribal Entities (``Tribal
Recipients'')
HUD sought public comment on a limited, one-year extension of HUD's
existing public interest, general applicability waiver of the BAP in
connection with HUD's FFA to Tribal Recipients to provide the
Department with sufficient time to complete consultation consistent
with HUD's Tribal Government-to-Government Consultation Policy. HUD's
`Tribal Government-to-Government Consultation Policy' was adopted in
compliance with Executive Order 13175, ``Consultation with Indian
Tribal Governments,'' and outlines the internal procedures and
principles HUD must follow when communicating and coordinating on HUD
programs and activities that affect Native American Tribes. HUD's
Tribal Consultation policy recognizes the right of Tribes to self-
government and facilitates Tribal
[[Page 34517]]
participation and input in HUD's implementation of programs and FFA
directed to Tribal communities.
In fiscal year 2023, Tribal Entities received over $1 billion
through the Department's programs. Infrastructure is an eligible
activity under some of these programs and could be subject to the BAP.
HUD believes that full compliance with the BAP will create ongoing
demand for domestically produced products and deepen domestic supply
chains. Because the potential application of BAP mandated by the Act
would be new to all HUD Tribal FFA recipients, HUD has not had the
benefit of engaging in fulsome consultation consistent with its Tribal
Consultation policy concerning the application of the BAP to Tribal
Recipients--particularly with respect to how the BAP should apply to
HUD's various Tribal programs, how the BAP should be phased in to allow
for successful implementation, and how compliance will be verified.
While HUD participated in a general consultation session as part of a
governmentwide interagency process regarding the general application of
the BAP to Tribal Recipients, because of the significance and
potentially wide scope of new requirements necessary to demonstrate
compliance with BAP or to seek waivers of BAP for specific products or
projects, it is imperative that HUD further engage in Tribal
consultation on the specific intended application of the BAP to FFA
awarded to HUD's Tribal Recipients.
HUD now has the benefit of having fully considered an appropriate
method of phased implementation across its other FFA programs and has
begun the methodical implementation of the BAP in those other FFA
programs. With the benefit of this experience and the benefit of the
governmentwide consultation efforts, HUD will conduct a more tailored
consultation process with the Tribal Recipients of HUD FFA specifically
focused on the BAP application to HUD's various Tribal housing and
community development programs. HUD believes that the Tribal
consultation process is necessary for the successful implementation of
the BAP across its covered FFA programs funding infrastructure
projects, that a full and meaningful Tribal consultation process will
allow HUD to determine the potential impact of the Act's Buy America
Preference on Tribal governments and communities and will inform a
tailored implementation for Tribal Recipients that recognizes the
sovereignty and unique status of Tribal governments. Accordingly, HUD
has determined that it would be contrary to the public's interest to
apply the BAP to FFA awards to Tribal Recipients prior to completion of
further Tribal consultation. In addition, HUD published the proposed
waiver in the Federal Register with an extension of the comment period
to May 8, 2023.
VI. Planned Tribal Consultation
Similar to other HUD programs, HUD will seek Tribal feedback
consistent with HUD's Tribal Government-to-Government Consultation
Policy and Executive Order 13175 on when and how to phase in the BAP
for FFA provided to Tribal Recipients. HUD will also solicit Tribal
feedback on other related issues, including how to effectively
implement the BAP for extremely remote communities, such as remote
Native Alaskan Villages, that are more disconnected from traditional
supply chains, have an extremely short construction seasons, are
located off the road system, and are reliant on barges to ship
construction materials. HUD acknowledges that rural Tribal communities
and Alaska Native Villages have expressed major concerns about
availability of American-made products and continue to struggle with
challenges because of their proximity away from main supply sources.
Tribes are already facing major challenges with accessing construction
materials, and major cost overruns due to a lack of available
materials--particularly in remote Tribal communities.
During the one-year waiver period, HUD has identified various
scheduled national and regional convenings and conferences where HUD
intends to host in-person Tribal consultation sessions with Tribal
leaders to discuss the BAP. Currently, HUD is scheduled to present
during the Forum on Affordable Housing and Community Development Annual
Conference. Additionally, HUD will seek to engage with Tribes and
Tribal housing practitioners at the various quarterly and semi-annual
regional housing association meetings that are planned during the one-
year waiver period. These association meetings are routinely attended
by HUD Tribal Recipients who will be charged with complying with the
BAP once it goes into effect. Consistent with past practice, HUD also
intends to conduct some Tribal consultation virtually. HUD will do so
by soliciting written feedback from Tribal leaders specifically
addressing the impact of the BAP on HUD's Tribal programs.
After receiving Tribal feedback, HUD will seek to implement the BAP
in a manner that advances the Made in America objectives while also
ensuring that the BAP implementation does not serve as a major barrier
to Tribal communities' efforts to develop critical infrastructure. Many
Tribal communities lack running water, sewer, roads, and basic
infrastructure. HUD will implement the BAP in a thoughtful manner that
ensures that Tribal Recipients can effectively implement the BAP
without substantial negative impacts on planned and ongoing critical
infrastructure projects. HUD will also seek to provide additional
technical assistance resources to ensure that Tribal Recipients can
build capacity and be in a better position to comply with the BAP.
Therefore, HUD is extending for a period of one year the waiver of its
general applicability, public interest waiver of the application of the
BAP in connection with FFA awards to Tribal Recipients that are
obligated by HUD during the pendency of the waiver.
VII. Assessment of Cost Advantage of a Foreign-Sourced Product
Under OMB Memorandum M-22-11, ``Memorandum for Heads of Executive
Departments and Agencies,'' published on April 18, 2022, agencies are
expected to assess ``whether a significant portion of any cost
advantage of a foreign-sourced product is the result of the use of
dumped steel, iron, or manufactured products or the use of injuriously
subsidized steel, iron, or manufactured products'' as appropriate
before granting a public interest waiver. HUD's analysis has concluded
that this assessment is not applicable to this waiver, as this waiver
is not based in the cost of foreign-sourced products.
VIII. Limited Duration of the Waiver
HUD remains committed to the successful implementation of the
important BAP across its programs providing covered FFA for
infrastructure projects, while recognizing the unique government-to-
government relationship it has with Tribal Recipients receiving HUD FFA
for infrastructure projects. HUD is committed to engaging in a timely
consultation process as noted above to further this goal.
IX. Solicitation of Comments
As required under section 70914 of the Act, HUD solicited comment
from the public on the waiver announced in a Notice on its website for
a period of 30 days and published the proposed waiver in the Federal
Register. A total of three comments were received in response to the
proposed one-year waiver extension. HUD thoroughly reviewed and
considered each of the comments in determining to move forward with the
issuance of this waiver and implementation plan as published
[[Page 34518]]
in this Final Notice. Two of the commenters were very supportive of the
one-year waiver extension. One of the commenters opposed the one-year
extension waiver with respect to steel, in particular. HUD appreciates
the comments and believes the one-year waiver extension of the
application of the BAP as set forth in this Final Notice is appropriate
and in the public interest in light of the importance of HUD's planned
tribal consultation.\3\ HUD will continue to monitor the implementation
of the BAP across its programs to ensure the most robust application
possible in light of the important public interests discussed above.
---------------------------------------------------------------------------
\3\ HUD has and will continue to provide training sessions with
grantees to increase grantees' knowledge about Build America, Buy
America and the Buy America Preference requirements as they relate
to HUD programs and HUD FFA used by Non-Federal entities to purchase
iron and steel, construction materials, and manufactured products to
be used infrastructure projects.
---------------------------------------------------------------------------
This Final Notice is applicable to Tribal FFA obligated by HUD on
or after the effective date of this Final Notice throughout the one-
year waiver period. This Final Notice is also applicable to any
expenditures of Tribal FFA obligated by HUD between May 14, 2023 and
the effective date of this Final Notice that occur on or after the
effective date of this Final Notice.
Dated: May 23, 2023.
Marcia L. Fudge,
Secretary.
[FR Doc. 2023-11363 Filed 5-26-23; 8:45 am]
BILLING CODE 4210-67-P
