OMB Publishes Final BABA Guidance for Grants and Agreements
The Office of Management and Budget (OMB) has issued its final Guidance for Grants and Agreements pertaining to Build America, Buy America (BABA) mandates. The final guidance effectively reaffirms earlier administrative implementation proposed guidance and clarifies BABA’s domestic preferences provisions.

The purpose of the final rule is to provide Federal Agency leadership consistent guidance on how to apply domestic content procurement preferences under BABA to federally awarded infrastructure projects. Notably for how BABA could impact American Iron and Steel (AIS) mandates, OMB’s final guidance upholds existing AIS mandates.

Enacted as part of the Infrastructure Investment and Jobs Act, BABA requires that for an infrastructure project to be eligible for federal assistance, all of the iron, steel, manufactured products and construction materials must be produced in the United States.

 

Project Applications for WRDA 2024 Due Soon
In the House and Senate, congressional committees have started the process to develop the Water Resources Development Act (WRDA) of 2024. Currently, the offices of California Senators Alex Padilla and Dianne Feinstein are accepting project applications for WRDA 2024.

WRDA is primarily a U.S. Army Corps of Engineers (USACE) project authorization focused legislative package. However, under previous WRDA’s Environmental Infrastructure projects have also been authorized. If your agency has a project that you would like to submit to be considered for inclusion in WRDA 2024, please see the below hyperlinks to each Senator’s application portal.

Submittal guidelines:

  • Each individual priority should be submitted separately.
  • Members are not required to submit draft legislative language with their requests (EPW will engage with the Corps for technical and drafting assistance as necessary), but please include any relevant reports, correspondence, support from the relevant House Member, or other documentation that supports the request.
  • If you are requesting authorization of a construction project, please include necessary documentation from the Corps (ex. Chief’s Report) and relevant congressional support of the project.

 

USEPA Updates WOTUS Rule
The U.S Environmental Protection Agency (USEPA) has published its updated Waters of the U.S. (WOTUS) Rule following this Spring’s U.S. Supreme Court’s Sackett decision. The decision put forward a new significant nexus test that defined federal oversight applies only to wetlands that “are indistinguishable from navigable waters with which they have continuous surface connects.” This new standard contradicted EPA’s earlier published WOTUS rule’s scope and significant nexus standard, and required the Agency, working with the U.S. Army Corps of Engineers (USACE), to rewrite it.

This updated WOTUS rule updates the definition of “waters of the U.S.” to align with this Spring’s U.S. Supreme Court Sackett decision. The Agency has also released a fact sheet of the updated final rule that identifies where regulatory changes were made in the rule. Upon the rule’s announcement, USEPA Administrator Michael Regan stated that the Agency will continue to use its other existing authorities to protect the Nation’s clean waters. USACE stated that the new rule will allow the Corps to resume jurisdictional determinations activities that were paused following the Sackett decision.

USEPA will be hosting a public webinar on September 12 to provide an overview of the changes to the rule. Registration information can be accessed through the Agency’s website here.