Exemption UpdateLiveExemption Change
Multi-Agency Issues Tribal Public Interest BABA Waiver Through 2030
Build America, Buy America Act (BABAA) ComplianceU.S. Department of the Interior, Multi-AgencyUS
Announced
Jan 10, 2025
Effective
Jan 10, 2025
Implementation
Jan 10, 2025
Description
The Department of the Interior, in coordination with multiple federal agencies, has issued Waiver Number 2025-12, a Multi-Agency Tribal Public Interest Waiver under the Build America, Buy America Act. The waiver is effective January 10, 2025 and expires January 9, 2030. This waiver provides Tribes with relief from BABA domestic content requirements for infrastructure projects, recognizing the unique circumstances and limited supplier availability for Tribal entities. The waiver follows OMB M-24-02 guidance encouraging agencies to consider public interest justifications for Tribal recipients. Compliance teams working with Tribal partners on federally-funded infrastructure projects should document the applicability of this waiver.
Sources
- OfficialWAIVER NUMBER: 2025-12 Issued
Key Findings
Multi-Agency Issues Tribal Public Interest BABA Waiver Through 2030
mplexity: In various consultations, Tribes raised major concerns with complying with BABA across infrastructure projects. Tribes often need to use funding from multiple agencies for a single project and thus would be required to navigate waiver processes across each funding agency. Specific examples include: • requested Tribal waivers be uniform across the Federal government. • Tribes indicated that the current $250,