Introduction: On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (sometimes referred to as the Bipartisan Infrastructure Law or BIL).  Included as part of this was the passage of the Build America, Buy America Act (BABA).  BABA requires that by no later than May 14, 2022, each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States.  The BABA requirements became applicable to all U.S. Fish and Wildlife Service (USFWS) financial assistance awards, that involve infrastructure projects, on May 14, 2022.  This includes all new awards, amendments that add funds to existing awards, and renewal awards on or after May 14, 2022.  The BABA requirements are applicable to infrastructure projects involving new construction, alteration, maintenance, or repairs.

March, 2023 Updates:  The Department of the Interior recently received two new BABA waivers from the Office of Management & Budget - Made in America Office.  They include a Small Grants Waiver and a De Minimis Purchases Waiver.  Both waivers were approved February 21, 2023 and currently expire no later than February 20, 2028.  

On March 22, 2023, the USFWS - WSFR program hosted two open house webinars to provide information and guidance to USFWS staff and USFWS financial assistance recipients. The two webinars provided an overview of the new waivers and provided example scenarios to illustrate the application of the waivers to financial assistance awards. The two webinars also reviewed the BABA legislation requirements and relevant timelines for financial assistance awards involving infrastructure which was originally presented during the August 17-18, 2022 webinars. 

For more information about BABA and how it may relate to your financial assistance award infrastructure project, please contact the USFWS technical representative assigned to your award.  Please visit the USFWS's financial assistance BABA wiki page for a list of frequently asked questions concerning applicability and implementation of the BABA Act requirements under Federal awards.

March 22, 2023 Webinar Resources

  Click here view the PowerPoint slides from the webinars.

Click here to view the March 22, 2023 10am EST webinar recording. 

Click here to view the transcript from the March 22, 2023 10am EST webinar. 

Click here to view the March 22, 2023 2pm EST webinar recording.   

 Click here to view the transcript from the March 22, 2023 2pm EST webinar. 

August 17-18, 2022 Webinar Resources

On August 17-18, 2022, the USFWS - WSFR program hosted two open house webinars to provide information and guidance to USFWS staff and USFWS financial assistance recipients.  The webinars provided an overview of the BABA legislation requirements and timeline for implementation, information about the Department of the Interior General Applicability Waiver, and the process by which USFWS programs and recipients may request additional waivers under BABA.  

Click here view the PowerPoint slides from the webinars.

Click here to view the August 17, 2022 webinar recording.

Click here to view the August 18, 2022 webinar recording.