Home\Advocacy\U.S. Department of Interior Revises Buy America Waiver for Water Reuse Programs

U.S. Department of Interior Revises Buy America Waiver for Water Reuse Programs

Date: May 06, 2024

WaterSMART Build America, Buy America Waiver Webinar
Tuesday, May 14
11:00am – 12:30pm MT | 1:00 – 2:30pm ET

The U.S. Department of Interior’s Bureau of Reclamation will be holding a webinar on its recently revised Build America, Buy America (BABA) waiver for the Title XVI-WIIN Water Reuse Grants Program. We encourage all WateReuse members who use or intend to use the Title XVI Program to join the webcast on Tuesday, May 14 by clicking the link above at the webcast’s start time.

Waiver Details

The final waiver, which the White House Office of Management and Budget approved earlier this year, provides additional time for certain Title XVI projects to comply with the BABA requirements enacted by the Infrastructure Investment and Jobs Act of 2021. For a Title XVI contract entered into prior to May 14, 2023, that resulted from solicitations published before May 14, 2022, and where the award was made on or before February 14, 2024, the waiver provides two years of compliance relief for eligible expenditures made on or after February 15, 2024. Reclamation is also providing one year of relief from BABA requirements for awards obligated on or after February 14, 2023. This second component of the waiver is limited to manufactured products only.

WateReuse had advocated to the Department and the White House Office of Management and Budget for a more far-reaching, permanent waiver covering any Title XVI-WIIN project for which a feasibility study was completed prior to May 14, 2022. While we appreciate that the Administration is providing some limited relief from BABA requirements, we have serious concerns about how the expiration of a time-limited waiver will impact projects that began planning and design long before the enactment of the BABA requirements. To read the waiver and access a helpful informational document, click below.

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