Seeking Public Comment on Proposed Public Interest Waiver of the Build America, Buy America Act for U.S. Pacific Island Territories

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FEMA is inviting public feedback from all stakeholders—including state, local, tribal and territorial governments; nonprofit organizations; private industry; and individuals—on the Proposed Public Interest Waiver of Build America, Buy America Act (BABAA) requirements for U.S. Pacific Island Territories.

Date: December 11, 2024 - December 26, 2024

Important Date

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FEMA, in collaboration with interagency partners, proposes to waive BABAA requirements for federally funded public infrastructure projects in the U.S. Pacific Island Territories of Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. This waiver aims to address longstanding supply chain challenges posed by the unique geographic constraints of these territories, including:

  • High shipping costs;
  • Infrequent shipping schedules; and
  • Limited purchasing power due to small market size.

The proposed waiver would apply to iron, steel, manufactured products, and construction materials used in public infrastructure projects funded by FEMA (and interagency partners), with the exception of certain items identified by the Office of Management and Budget (OMB) as essential to U.S. strategic interests.

If finalized, the waiver would be effective for five years, starting from the effective date of the final waiver.

Interagency partners will review all comments received during the public comment period. Anyone interested in providing feedback on the proposed waiver is encouraged to do so by Dec. 26, 2024.

After the public comment period closes on Dec. 26, 2024, FEMA and its interagency partners will review all submitted feedback. The final waiver, along with a summary of public comments, will be submitted to the Office of Management and Budget (OMB) for review and approval.

Respond by Email:

As lead agency for this waiver, the U.S. Department of Interior (DOI) will receive all public comments for this proposed waiver.

To submit a comment, you can:

  • Click the “Submit Comment” button, which will prompt a draft outlook email to DOI; or
  • Email your comment directly to the U.S. Department of the Interior (DOI) at DOI_Grants_BuyAmerica_Waiver@ios.doi.gov

When submitting comments by email, please use the subject line below:

“Public Comment for Proposed Public Interest Waiver: U.S. Pacific Island Territories.”

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