Build America, Buy America Act (BABA) – Implementation Guidance for Tribal Recipients
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Summary
AI summary — grounded in the notice text
This HUD notice explains how the Build America, Buy America Act (BABA) Buy America Preference applies to Tribal Recipients' housing and infrastructure projects. Housing with 1-4 dwelling units is treated as private and exempt from the requirement to use U.S.-made iron, steel, construction materials, and manufactured products, while housing with 5 or more units is treated as public infrastructure subject to the preference. It also describes a new joint waiver exempting awards and subawards up to $2.5 million and allowing non-compliant manufactured products for funds obligated by September 30, 2026, and instructs Tribal Recipients on documenting compliance and applying other general waivers.
Key Quotes
Verbatim from the notice
“Housing projects consisting of properties with 1 to 4 dwelling units should be classified as private homes for personal use under BABA and are not subject to the BAP.”
Verbatim from the notice
“Housing projects containing properties with 5 or more dwelling units should be considered public infrastructure under BABA and are subject to the BAP.”
Verbatim from the notice
“exempting awards and subawards up to $2.5 million from the BABA requirements and allowing for the purchase of non-compliant manufactured products for Federal Financial Assistance (FFA) obligated by September 30, 2026”
Key Dates
- Published
- Jan 15, 2025
- Effective
- Oct 1, 2024
Compliance deadlines
- Oct 1, 2024BAP requirements apply to FFA obligated by HUD to Tribal Recipients on or after this date; ONAP will include BAP terms and conditions in grant agreements obligated on or after this date
- Sep 30, 2026Deadline by which FFA must be obligated for Tribal Recipients to be permitted to purchase non-compliant manufactured products under the manufactured products waiverin 26 days
- Jan 10, 2030Expiration of the General Applicability Public Interest Waiver to Indian Tribes exempting awards/subawards at or below $2.5 million from BABA requirements (5 years from January 10, 2025 effective date)in 1224 days