Welcome to the JTF - Issue Identification space of the Office of Conservation Investment. This space is designed to be a historical repository of issues/topics submitted for JTF consideration and the resulting outcome as decided by the JTF.
If you would like more information about this space or additional details about a particular issue/topic, please contact Diana Swan-Pinion (diana_swan-pinion@fws.gov), Policy Lead, Office of Conservation Investment. For questions about the FA wiki, please contact Ryan Oster (ryan_oster@fws.gov), Supervisor Training Team, Office of Conservation Investment.
Diana, please enter a paragraph or two on the history of the JTF - Issue Identification process.
| Category | Year | Issue | Summary | Outcome / Decision |
|---|---|---|---|---|
| Compliance | 2021 | Tribal consultation notification | The issue is regarding a compliance process developed by a Region with State, Tribal, Regional Historic Preservation Officer, and Tribal liaison input, but the concern is that the delegation of compliance with First Nations to the States is something more appropriately done at the Federal level. | The JTF determined this specific situation is a State/WSFR Regional issue and not a topic for JTF consideration. The Region followed up with their States to determine if the current process should be revisited and formed a State/WSFR Tribal Notification Review Team to scope and assess the issue, and make any recommendations for changes. |
Compliance | 2023 | Additional BABA technical assistance. | This issue concerned a need to alleviate burdens associated with addressing BABA compliance, specific to a request for additional technical assistance for templates for procurement bids and the contractor attestation form for compliance, as well as assistance in expediting BABA waivers. | The JTF determined that this was not an issue for JTF engagement, but it was recommended for JTF awareness, and the JTF recognized that they would benefit from continued understanding on BABA compliance. For the first concern, CI is expanding BABA technical assistance to States by developing language for procurement bids, and a template or sample contractor attestation form for compliance, using a BABA best practices document from FEMA. However, the second concern is outside of CI’s purview; this is a DOI requirement that States must comply with, and CI is unable to expedite the BABA waiver process once submitted to DOI. Although CI cannot expedite BABA waivers, they will continue to provide technical assistance on getting waivers initiated by States through the DOI process. |
| Compliance | 2023 | BABA exemption for development projects | The issue was the burden of complying with the Build America, Buy America Act (BABA). The State felt that addressing BABA compliance limits results in delays to the timely expenditure of funds and requested that CI pursue a BABA exemption for development projects accomplished with CI funds, on behalf of the States. | The JTF determined this issue is not within the scope of the JTF to rectify and is not a topic for JTF engagement. Given the broad support the Administration and Congress have demonstrated for BABA they suggested using time and resources to pursue project exemptions where materials are not domestically available or instances where domestically sourcing the materials is cost prohibitive. CI can continue to provide guidance and technical assistance, but the requirements for BABA compliance (Pub. L. 117-58) are clear and not under the JTF’s or CI’s ability to change. |
| Compliance | 2023 | NHPA compliance duty | An issue was raised with the delegation of responsibility for Tribal consultation notification to the States; compliance with First Nations is more appropriately done at the Federal level. | The JTF determined that this was a Regional issue and not a topic for JTF engagement. This issue also was submitted in 2021; the JTF considered the issue then and agreed this specific situation was not a topic for the JTF. The delegation of responsibility was developed by the Region with State, Tribal, Regional Historic Preservation Officer, and Tribal liaison input. After the issue was raised in 2021 the Region worked with their States to determine if the process should be revisited by creating a State/WSFR team, which this State did not elect to serve on, to work in evaluating the Regional NHPA and Tribal notifications process. After completing its charge, the ‘Tribal Notification Review Team’ recommendations will be addressed and implemented by the WSFR Region, which will include continuing to offer individual States the ability to opt out of the Regional Tribal notification process and have WSFR assume that responsibility. |
| Compliance | 2024 | Administrative burden from BABA | The issue raised concerns regarding the potential for audit findings associated with Build America, Buy America Act (BABA) compliance, and the challenges faced with larger operation and maintenance grants. To alleviate the burden the request was advocating for a waiver covering operation and maintenance grants, which are often conducted in rural areas with reduced sourcing options and consist of routine work and aren’t currently covered by an approved BABA waiver. | The JTF determined this is not within the scope of the JTF to rectify or address with policy and not a topic for JTF engagement. The Administration and Congress have demonstrated continued support for BABA and the Office of Management and Budget has made it clear that general waivers are extremely unlikely to be approved, focusing instead on specific products with availability challenges. The FACWG offered to help communicate this message to States. The requirements for BABA compliance (Pub. L. 117-58) are not within CI’s authority to change, but they will continue to improve guidance and provide technical assistance and training to support States with facilitating waivers initiated by States through the DOI process. From an audit perspective, it is crucial that States have established and implemented procurement procedures for BABA compliance. The audit scope now includes awards issued after the implementation date of BABA. In discussions with the Office of Inspector General, they have acknowledged the challenges of complying with a new Federal mandate and stated that they would focus on ensuring States have established procedures and are compliant. |