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This FY 2023 Bipartisan Infrastructure Law Notice of Funding Opportunity is being amended to 

include a one-time $8M additional distribution in funding amount to support activities related to 

the enhanced Abandoned Mine Land Inventory System, commonly known as e-AMLIS.

The sections listed below are all required sections that are needed to submit a non-competitive 

funding opportunity in GrantSolutions. Some of these fields contain autogenerated information 

as indicated in brackets. 

Opportunity Category 

Mandatory 

Publish Date 

6/1/2023 

Funding Instrument Type 

Grant

Internal Title(s) 

Office of Surface Mining Reclamation and Enforcement (Insert Region: Appalachian/MidContinent/Western Region) FY 2023 Bipartisan Infrastructure Law Program - Amended

Public Opportunity Title

Office of Surface Mining Reclamation and Enforcement FY 2023 Bipartisan Infrastructure Law 

(BIL) Program - Amended 

Funding Activity Category 

Environment, Natural Resources, Regional Development, Other: [‘Infrastructure’] 

Funding Opportunity Number 

[Auto generated in GrantSolutions] 
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Funding Opportunity Description: 

Background 

Amended 12/19/2023: 

This FY 2023 BIL NOFO is being amended to include a one-time $8M additional distribution in 

funding for e-AMLIS activities. Please see $8 Million in BIL Grant Funds to AML Programs for 

e-AMLIS section below. 

The Bipartisan Infrastructure Law (BIL) (Pub. L. No. 117-58), also known as the Infrastructure 

Investment and Jobs Act, was enacted on November 15, 2021. The BIL authorized and 

appropriated $11.293 billion for deposit into the Abandoned Mine Reclamation Fund 

administered by the Office of Surface Mining Reclamation and Enforcement (OSMRE). Of the 

$11.293 billion appropriated, OSMRE will distribute approximately $10.873 billion in BIL 

Abandoned Mine Land (AML) grants to eligible States and Tribes on an equal annual basis—

approximately $725 million a year—over a 15-year period. BIL funds will expand the AML 

Reclamation Program to fund the activities described in the BIL, in addition to those already 

funded under Surface Mining Control and Reclamation Act of 1977 (SMCRA), as amended. The 

objective of the BIL AML Program is to address coal AML related problems described in 

sections 403(a), 403(b), and 410 of SMCRA, which include: coal AML emergencies, physical 

hazards resulting from legacy coal mining that pose a threat to public health, safety, and the 

environment (including acid mine drainage), and water supplies that has been adversely affected 

by legacy coal mining. In addition, the BIL encourages States and Tribes to prioritize projects 

that provide employment for current and former employees of the coal industry. 

The Consolidated Appropriations Act, 2023, amended section 40701(c) of the BIL to authorize 

eligible States and Tribes to retain up to 30 percent of the “total amount of a grant made 

annually” under section 40701(b)(1) of the BIL in a “long-term abandoned mine land 

reclamation fund established under State law, from which amounts (together with all interest 

earned on the amounts) are expended by the State or Tribe” for (1) the abatement of the causes 

and the treatment of the effects of acid mine drainage resulting from coal mining practices, 

including costs associated with acid main drainage treatment systems; (2) the prevention, 

abatement, and control of subsidence; or (3) the prevention, abatement, and control of coal mine 

fires. 

$8 Million in BIL Grant Funds to AML Programs for e-AMLIS

The BIL funds made available to the Secretary of the Interior provides States and Tribes with the 

financial and technical assistance necessary to maximize data enhancements and the use of the 

enhanced AML Inventory System (e-AMLIS). 
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OSMRE will distribute approximately eight million dollars ($8,000,000) of these funds to the 

States and Tribes for their AML inventory updates. 

States and Tribes can use these funds to update their respective AML inventories in e-AMLIS. 

OSMRE encourages the States and Tribes to use these funds to improve overall their data

collection processes, data integrity, accuracy, and reliability in e-AMLIS. Also, to address the 

anticipated growth of the inventory, field reconnaissance activities and the use of technologies to

efficiently collect and manage the information (e.g., addition of AMD sites, BIL performance

measures).

Goal 

eAMLIS funding for eligible applicants 

Competition ID 

[auto generated] 

Federal Register Document Number 

(Leave Blank)

Due Date & Time 

6/30/2024 (GMT - 05:00) Eastern Time (US & Canada) 

Agency Contact for Electronic Access Problems 

Crystal E Williams, Grants Management Specialist 

Phone: (202) 208-2842 

Email Address: Cwilliams@osmre.gov 

Email Description: Technical Support

Program Type: 

Office of Surface Mining Reclamation and Enforcement
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Grant Program [auto generated]

OSMRE Bipartisan Infrastructure Law Program 

Grants Management Officer (GMO)

[Varies by regional office; to be determined] 

Assistance Listing (CFDA) Number

15.252 - Office of Surface Mining Reclamation and Enforcement

Assistance Type 

(03) Formula Grant

Eligibility Category 

Native American Tribal governments (Federally recognized), State governments 

Additional Information Applicant Type 

Organizations Only 

Estimated Project Start Date

10/1/2023 

Estimated Project End Date

9/30/2028 

Fiscal Year

2023 
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Expected Number of Awards 

27 

Award Ceiling 

$244,786,476 

Award Floor 

$296,296 

Grace Period (Days) 

(Leave Blank)

Cost Sharing or Matching Requirement 

No

Electronic Requirement

Yes

Expected Number of Applications 

27 

Expected Application Size (MB) 

20 

Area Workload 

[Select one option: AR, MCR, WR] 
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Grants Service Office, Program Service Office, Service Area 

[Select Option: AR, MCR or WR] 

Announcement Type 

New

Is this a Directed Announcement? 

Yes

States/Tribes FY23 BIL AML Eligibility*

Alabama $20,441,000

Alaska $1,333,000

Arkansas $1,700,000

Colorado $9,962,000

Illinois $75,727,000

Indiana $24,654,000

Iowa $5,986,000

Kansas $4,852,000

Kentucky $74,217,000

Maryland $4,809,000

Missouri $5,859,000

Montana $4,599,000
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States/Tribes FY23 BIL AML Eligibility*

Navajo Nation $1,661,000

New Mexico $2,422,000

North Dakota $3,100,000

Ohio $46,421,000

Oklahoma ** $3,490,000

Pennsylvania $244,786,000

Tennessee $8,574,000

Texas $1,333,000

Utah $5,766,000

Virginia $22,780,000

West Virginia $140,684,000

Wyoming $9,693,000

Total $724,849,000

*Dollars have been rounded to the nearest thousand 

**Consistent with McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), and related cases, neither the State of Oklahoma nor any of its agencies are 

currently eligible for BIL AML funding , Oklahoma v. U.S. Department of the Interior, No. CIV-21-719-F, 2022 U.S. Dist. LEXIS 204065 (W.D. 

Okla. Nov. 9, 2022). If one or more entities become eligible for BIL AML grants this fiscal year, OSMRE is reserving BIL funds for AML 

reclamation on Indian lands in Oklahoma. Source: https://www.doi.gov/pressreleases/biden-administration-announces-nearly-725-million-creategood-paying-union-jobs
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One-Time $8M additional distribution in funding for e-AMLIS to States and Tribes

State e-AMLIS Funding 

Alabama $ 296,296

Alaska $ 296,296

Arkansas $296,296

Colorado $296,296

Crow Tribe $296,296

Hopi Tribe $296,296

Illinois $296,296

Indiana $296,296

Iowa $296,296

Kansas $296,296

Kentucky $296,296

Louisiana $296,296

Maryland $296,296

Mississippi $296,296

Missouri $296,296

Montana $296,296

Navajo Nation $296,296
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*Dollars have been rounded to the nearest thousand 

Announcement Information for Public Announcement Screen. 

To apply for this announcement, you must submit an electronic application in GrantSolutions. 

If your organization has/had a grantee business relationship with a grant program serviced by the 

Office of Grants Management and you are applying as part of ongoing grantee related activities, 

please access GrantSolutions.gov. To apply electronically, you must first have a GrantSolutions 

user account. If you are already an existing grantee, please login to GrantSolutions using your 

existing grantee username and password. If you do not remember your account information or 

have not been assigned a grantee account, please contact the GrantSolutions Help Desk at 

(866)577-0771 or by email at help@grantsolutions.gov. GrantSolutions allows existing grantee 

organizations to submit their entire application online. Link to all GrantSolutions Grantee 

training resources: https://home.grantsolutions.gov/home/recipient-gmm-training-resources/ 

Grant Application Information 

State e-AMLIS Funding 

New Mexico $296,296

North Dakota $296,296

Ohio $296,296

Pennsylvania $296,296

Tennessee $296,296

Texas $296,296

Utah $296,296

Virginia $296,296

West Virginia $296,296

Wyoming $296,296

Total $8,000,000
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e-AMLIS Additional Funding News Release

www.osmre.gov/resources/grants-resources/FY23-BIL-Guidance

www.osmre.gov/resources/grants-resources/FY23-BIL

The period of performance for BIL AML grants is five years, with the option of a one-year nocost extension, subject to OSMRE’s review and approval. In order to receive BIL AML funding, 

each eligible State and Tribe will need to submit a separate grant application for BIL AML 

grants from the traditional AML fee-based grants through GrantSolutions. States and Tribes are 

required to ensure that expenditures for the two programs are tracked separately. 

Appendix I of the BIL AML Guidance document, which is entitled, “Subaccounts for BIL AML 

Financial Assistance,” provides guidance on the available subaccount categories that State/Tribal 

AML Programs can use in the development of their BIL AML grant application. Outlined below 

are the main subaccounts: 

 

• BIL – Non-Emergency Administrative Costs

• BIL – Non-Water Supply (Coal Project) Costs

• BIL – Water Supply Project Costs

• BIL – Coal Projects Engineering & Design Costs

• BIL – AMD Operational and Maintenance Costs 

• BIL – Emergency Project Costs

• BIL – Long-Term Reclamation Fund Costs 

Beginning with FY23 grant applications, States and Tribes are required to include a list of AML 

Problem Areas (PADs) and Problem Types within PADs to be funded throughout the five-year 

period of performance; additional details on this requirement are provided in Appendix II of the 

BIL AML Guidance. 

When applying for BIL AML grants, State and Tribal AML Programs should include: 

• Starting in FY 2023, a list of each AML PAD containing problems to be funded during 

the grant period of performance (see Appendix II of the BIL AML Guidance); 

• A description of the State’s or Tribe’s prioritization process or ranking system for the 

selection of proposed problems within each AML PAD; 

• A description of the process the State or Tribe will use to obtain public input on the 

problems to be funded within the list of PADs; 

• A statement of the estimated benefits that will result from reclaiming the proposed 

problems within each listed PAD; 

• A statement of how the State or Tribe will prioritize projects employing current or former 

employees of the coal industry, consistent with applicable State or Tribal law; 

• Plans for engaging with other Federal, State, Tribal, or local governmental agencies and 

non-governmental entities on workforce training and development issues, including how 
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activities encouraged under Section III of the BIL Guidance will be implemented, if 

applicable, along with the names of potential partners to support recruiting and training 

efforts, including community colleges, workforce partners, community-based groups, and 

unions; 

• Any known linkages to economic redevelopment opportunities created by carrying out 

proposed projects; 

• A description of how the grantee will address environmental justice issues

within coalfield communities; 

• Details of how the grantee will engage with relevant State, Tribal, or local governmental 

agencies or non-governmental organizations to identify and address any disproportionate 

burden of adverse human health or environmental effects of coal AML problems on 

disadvantaged communities, communities of color, low-income communities, and Tribal 

and Indigenous communities; 

• A description of whether and to what extent proposed projects may reduce greenhouse 

gas emissions, particularly methane emissions; 

• Estimated costs for each project to be completed using the BIL AML grant funding. If 

BIL AML funds will be leveraged with other funding sources such as AML-fee based 

grants, include this information; and 

• Proposed performance measurement (See Section XI of the BIL Guidance). 

Please refer to the BIL AML Guidance Document for more details on program implementation 

and requirements.

Information on BIL AML Implementation 

This section provides a summary of additional program guidance, requirements, and regulations 

applicable to the BIL AML Program. 

In carrying out their programs with BIL AML funding, OSMRE encourages States and Tribes, 

consistent with applicable State or Tribal law, to:

• Use procurement processes that incentivize AML contractors to hire current and former 

employees of the coal industry when bidding on BIL-funded AML projects and require 

the collection of information from AML contractors about the number of current and 

former coal industry employees they employ; 

• Aggregate projects into larger statewide or regional contracts as part of their procurement 

processes, in order to improve efficiencies in their BIL AML grant funding; 

• Prioritize aggregated or larger projects in selecting projects to be funded; 

• Support pre-apprenticeship, registered apprenticeship, and youth training programs that 

open pathways to employment by collaborating with other Federal, State, Tribal, and 
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local government agencies and non-governmental organizations that have the relevant 

expertise in these areas, including the Interagency Working Group on Coal and Power 

Plant Communities and Economic Revitalization. While BIL AML grants may not be 

used to directly fund pre-apprenticeships, apprenticeships and training programs, States 

and Tribes are encouraged to strengthen existing partnerships with governmental 

agencies and non-governmental entities that provide these types of services and to 

strategize on ways to promote these types of opportunities for BIL AML projects, 

including by identifying workforce needs for AML projects.

• Require contractors to support safe, equitable, and fair labor practices by adopting 

collective bargaining agreements, local hiring provisions (as applicable), project labor 

agreements, and community benefits agreements.

• When applicable, select project designs that reduce methane emissions from abandoned 

coal mine sites. 

• Incorporate input from disadvantaged communities, communities of color, low-income 

communities, and Tribal and Indigenous communities into prioritization criteria and the 

method for selecting projects to be funded. For more information, see the “Public 

Engagement” section. 

If any of the aforementioned activities cannot be reasonably accomplished in carrying out the 

BIL AML program, States and Tribes should include in their grant application a detailed 

rationale for why the specified activity or activities could not be implemented. 

BIL AML funds may not be used, directly or indirectly, to support or oppose union organizing.

Further, States and Tribes must implement measures to ensure that a bidder for a BIL AML 

contract cannot be awarded a contract or subcontract or perform any work funded by the BIL 

AML, if their company, their owners and controllers, their corporate officers, or their 

shareholders own or control mine operations that have any outstanding uncorrected or unabated 

violations. Consistent with 30 C.F.R. §§ 874.16 and 875.20, every successful bidder for an AML 

contract must be eligible under 30 C.F.R. §§ 773.12, 773.13, and 773.14 at the time of contract 

award to receive a permit or be provisionally issued a permit to conduct surface coal mining 

operations. At a minimum, States and Tribes must review the Applicant Violator System, the 

System for Award Management, and any other available information to verify the eligibility of 

each bidder before a contract or subcontract is awarded for any work performed and funded 

under the BIL AML Program. 

Supporting the Justice40 Initiative: States and Tribes are encouraged to prioritize BIL-funded 

projects that advance the goal of the Justice40 Initiative, which commits to delivering 40 percent 

of the overall benefits of certain Federal programs to disadvantaged communities. A 

“disadvantaged community” is a community that may have a combination of: low income; high 

and/or persistent poverty; high unemployment and underemployment; racial and ethnic 

residential segregation, particularly where the segregation stems from discrimination by 
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government entities; linguistic isolation; high housing cost burden and substandard housing; 

distressed neighborhoods; high transportation cost burden and/or low transportation access; 

disproportionate environmental stressor burden and high cumulative impacts; limited water and 

sanitation access and affordability; disproportionate impacts from climate change; high energy 

cost burden and low energy access; jobs lost through the energy transition; access to healthcare; 

and geographic areas within Tribal jurisdictions; or based on the community’s inclusion in the 

Climate and Economic Justice Screening Tool. 

Providing Opportunities to Current and Former Employees of the Coal Industry: Section 

40701(f) of the BIL states that priority may be given to “reclamation projects . . . that provide 

employment for current and former employees of the coal industry.” In spending BIL grant 

funds, States and Tribes should, consistent with applicable law, prioritize projects that provide 

employment opportunities to current and former employees of the coal industry, and OSMRE 

will work with States and Tribes to incorporate such prioritization into their reclamation plans. 

To further implement the section 40701(f) priority, States and Tribes should engage with labor or 

worker organizations that represent coal industry workers to identify current or former 

employees of the coal industry who are candidates to be employed by AML reclamation 

contractors and provide OSMRE with certifications of this engagement. States and Tribes should 

maintain sufficient records to substantiate this engagement upon request. 

Reduction of Greenhouse Gas Emissions: OSMRE encourages States and Tribes to consider 

and prioritize project designs that reduce methane emissions from abandoned coal mine sites and 

report on these emission reductions. 

Contract Aggregation for Improving Efficiencies: OSMRE encourages States and Tribes to 

aggregate projects into larger statewide or regional contracts as part of their procurement 

processes, as authorized by section 40701(b)(3) of the BIL.

Public Engagement: When selecting and developing eligible projects for the BIL AML 

Program, State and Tribal AML Programs should ensure public engagement at the local level 

through engagement with affected communities. The term, “public” includes all stakeholders 

(e.g., citizens at large, industry, other Federal, State, Tribal, or local agencies, Tribal Nations, 

unions and worker organizations, non-governmental organizations, community colleges, 

workforce boards, community-based groups, and environmental groups). Engaging with the 

public to identify potential projects before the projects are selected will ensure that the projects 

completed through this program best address the needs of the relevant communities. 

States and Tribes are encouraged to use existing best practices for public engagement or develop 

a process for public outreach and communication with local citizens, agencies, and organizations 

that best fits their unique circumstances. For example, States and Tribes could notify local 

citizens of the intent/purpose of a project via meetings, print media, websites, and social media 

and/or partner with organizations that facilitate public outreach and communication. OSMRE 

recommends that public engagement occur as early as possible for each grant cycle, with the 

public provided at least 60 days to review and provide input on the projects that will be proposed 

for funding in the State or Tribe’s grant application. 
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Additionally, BIL AML funds can be used to procure, distribute, and install signage at project 

sites to increase the transparency of projects funded in whole or in part by the BIL AML

Program. Installing signage will make visible to the public the efforts of the Federal, State, and

Tribal government to rebuild our Nation’s infrastructure, including tackling legacy pollution. If a 

State or Tribe displays a sign at a project site, the sign must meet the specific design 

requirements in the Investing in America Signage Guidelines: https://www.whitehouse.gov/wpcontent/uploads/2023/02/Investing-in-America-Brand-Guide.pdf. 

Davis Bacon Act Requirements: 

The BIL requires that all laborers and mechanics employed by contractors or subcontractors in 

the performance of construction, alteration, or repair work on a project that will be assisted in 

whole or in part by funding made available under the BIL must be paid wages at rates not less

than those prevailing on similar projects in the locality, as determined by the Secretary of Labor 

in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3148). The Davis-Bacon labor 

standards are applicable to the reclamation projects completed using BIL AML funding and 

Davis-Bacon clauses must be included in BIL AML work contracts. The Department of Labor 

Fact Sheet #66A: Bipartisan Infrastructure Law provides additional information on the 

responsibilities of BIL funding recipients (see Appendix IV of the Final BIL AML Guidance). 

Buy America Build America (BABA) Requirements

Buy America Domestic Procurement Preference: 

As required by section 70914 of the BIL, on or after May 14, 2022, none of the funds under a 

Federal award that are part of Federal financial assistance program for infrastructure may be 

obligated for a project unless all of the iron, steel, manufactured products, and construction 

materials used in the project are produced in the United States, unless subject to an approved 

waiver. The requirements of this section must be included in all subawards, including all 

contracts and purchase orders for work or products under this program. 

Recipients of an award of Federal financial assistance are hereby notified that none of the funds 

provided under this award may be used for a project for infrastructure unless: 

1. all iron and steel used in the project are produced in the United States—this means all 

manufacturing processes, from the initial melting stage through the application of coatings, 

occurred in the United States;

2. all manufactured products used in the project are produced in the United States—this means 

the manufactured product was manufactured in the United States; and the cost of the components 

of the manufactured product that are mined, produced, or manufactured in the United States is 

greater than 55 percent of the total cost of all components of the manufactured product, unless 

another standard for determining the minimum amount of domestic content of the manufactured 

product has been established under applicable law or regulation; and 
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3. all construction materials are manufactured in the United States—this means that all 

manufacturing processes for the construction material occurred in the United States.

The Buy America preference only applies to articles, materials, and supplies that are consumed 

in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, 

equipment, and supplies, such as temporary scaffolding, brought to the construction site and 

removed at or before the completion of the infrastructure project. Nor does a Buy America 

preference apply to equipment and furnishings, such as movable chairs, desks, and portable 

computer equipment, that are used at or within the finished infrastructure project but are not an 

integral part of the structure or permanently affixed to the infrastructure project. 

For further information on the Buy America preference, please visit: 

www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House 

Made in America Office website: www.whitehouse.gov/omb/management/made-in-america/.

Waivers

When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a 

waiver from these requirements, subject to review by the Made in America Office. The DOI may 

waive the application of the domestic content procurement preference in any case in which it is 

determined that one of the below circumstances applies:

1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction 

materials are not produced in the United States in sufficient and reasonably available quantities 

or of a satisfactory quality; 

2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction 

materials produced in the United States will increase the cost of the overall project by more than 

25 percent; or 

3. Public Interest Waiver: applying the domestic content procurement preference would be 

inconsistent with the public interest.

There may be instances where an award qualifies, in whole or in part, for an existing DOI 

general applicability waiver as described at: 

www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. If the specific financial 

assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an 

existing general applicability waiver within the limitations defined within the waiver, the 

recipient is not required to request a separate waiver for non-domestic materials.

If a general applicability waiver does not already apply, and a recipient believes that one of the 

above circumstances applies to an award, a request to waive the application of the domestic 

content procurement preference may be submitted to the financial assistance awarding officer in 

writing. Waiver requests shall include the below information. The recipient must not include any 
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Privacy Act information, sensitive data, or proprietary information within their waiver request. 

Waiver requests will be posted to www.doi.gov/grants/buyamerica and are subject to public 

comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in 

America Office.

1. Type of waiver requested (non-availability, unreasonable cost, or public interest). 

2. Requesting entity and Unique Entity Identifier (UEI) submitting the request. 

3. Department of the Interior Bureau or Office who issued the award. 

4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of 

Award)

5. Financial assistance title of project (reference block 8 on DOI Notice of Award).

6. Federal Award Identification Number (FAIN). 

7. Federal funding amount (reference block 11.m. on DOI Notice of Award).

8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent 

known). 

9. Infrastructure project description(s) and location(s) (to the extent known). 

10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient 

seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if 

known), and relevant PSC or NAICS code for each. 

11. A certification that the recipient made a good faith effort to solicit bids for domestic products 

supported by terms included in requests for proposals, contracts, and nonproprietary 

communications with the prime contractor.

12. A statement of waiver justification, including a description of efforts made (e.g., market 

research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a 

justification may cite, if applicable, the absence of any Buy America-compliant bids received in 

response to a solicitation. 

13. Anticipated impact if no waiver is issued. 

Approved waivers will be posted at www.doi.gov/grants/BuyAmerica/ApprovedWaivers; 

recipients requesting a waiver will be notified of their waiver request determination by an 

awarding officer. 

DOI-Specific Buy America Preference General Applicability Waivers 
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1. GENERAL APPLICABILITY WAIVER FOR SMALL GRANTS1 

On February 21, 2023, DOI approved a general applicability waiver of the requirements of the 

Buy America preference for small grants, having determined such waiver to be in the public 

interest. This waiver is critical to ensure that agency small infrastructure projects conducted 

through small grants sustain progress and reduce the burden on recipients, many of whom are 

small organizations operating in rural or disadvantaged communities. The waiver will remain in 

effect for all eligible DOI Federal grants for a period of five years from the date of final approval 

and will be reviewed as often as necessary. 

This waiver action permits the use of non-domestic iron, steel, manufactured products, and 

construction materials in such projects that may otherwise be prohibited under section 70914(a) 

during the specified period of time for small grants that meet the following standard: 

• The total award amount does not exceed the Simplified Acquisition Threshold,2

 which is 

currently $250,000.00; 

• The award amount is not anticipated to exceed the Simplified Acquisition Threshold for 

the life of the grant. 

Additional information about the DOI Small Grants Waiver is available at: 

https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. 

2. GENERAL APPLICABILITY WAIVER FOR DE MINIMIS PURCHASES 

On February 21, 2023, DOI approved a general applicability waiver of the Buy America 

preference requirements for “De Minimis Purchases,” having determined such waiver to be in 

the public interest. This waiver is critical to ensure that infrastructure project purchases below a 

de minimis threshold funded through financial assistance agreements sustain progress while 

reducing the burden on recipients. The waiver will remain in effect for all DOI Federal financial 

assistance infrastructure projects for a period of five years from the date of final approval and 

will be reviewed as often as necessary. 

This waiver exempts otherwise covered infrastructure project purchases, totaling up to 5 percent 

of the total applicable project costs,3

 up to a maximum of $1,000,000.00. For example, if a 

recipient will expend $4,000,000.00 in costs that are subject to the Buy America preference 

under an infrastructure project, up to $200,000.00 (5%) would be exempt from the Buy America 

preference. If a recipient’s applicable costs are $20,000,000.00 or greater, this waiver is capped 

at $1,000,000.00 total in otherwise covered project purchases. Once a Federal financial 

assistance recipient’s total purchases of materials otherwise covered by the Buy America 

1 For purposes of this waiver, grants encompass all forms of Federal financial assistance that DOI administers, 

including cooperative agreements and grants.

2 Simplified Acquisition Threshold is defined at 48 C.F.R. § 2.101. As of the date of this waiver, the threshold is 

$250,000.00.

3 Applicable project costs are defined as material costs subject to the Buy America preference.
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preference reach 5 percent or $1,000,000.00, whichever is lower, all other applicable project 

purchases must comply with the Buy America preference. 

Additional information about the DOI De Minimis Purchases Waiver is available at: 

https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. 

3. GENERAL APPLICABILITY TRIBAL CONSULTATION WAIVER 

This waives the Buy America Preference for financial assistance agreements issued to Federally 

recognized Indian tribes in keeping with the Federal Government's commitment to follow 

consultation polices established through Executive order 13175, Consultation and Coordination 

with Indian Tribal Governments. Waiver approval date: September 1, 2023. Waiver expiration 

date: September 1, 2024. 

https://www.doi.gov/sites/doi.gov/files/doi-final-tribal-consultation-waiver-for-posting090123.pdf 

Questions pertaining to waivers should be directed to the financial assistance awarding 

officer.

FY2023 BIL AML Grants Distribution Information 

FY2023 BIL AML grants distribution information is available for viewing on the Grants and 

Funding Opportunities page of the OSMRE website. 

Further Information 

OSMRE BIL AML Guidance Document 

OSMRE BIL FAQs and Additional Information 

Davis-Bacon Act: Department of Labor BIL Fact Sheet 66A

Bipartisan Infrastructure Law: https://www.congress.gov/117/plaws/publ58/PLAW117publ58.pdf 

Consolidated Appropriations Act, 2023: https://www.congress.gov/117/bills/hr2617/BILLS117hr2617enr.pdf 

General information: Department of the Interior BIL Press Release

Uniform Administrative Guidance, Cost Principles, and Audit Requirements for Federal Awards: 

2 C.F.R. part 200 

Financial Assistance Interior Regulations Supplementing the Uniform Administrative Guidance, 

Cost Principles, and Audit Requirements for Federal Awards: 2 C.F.R. part 1402
GrantSolutions Non-Competitive

Bipartisan Infrastructure Law Program Funding Opportunity 

for FY 2023 - AMENDED

19

Office of Surface Mining Reclamation and Enforcement’s Grants and Funding Resources: 

https://www.osmre.gov/resources/grants-resources 

Agency Contacts: 

BIL Grants Management Officer (Interior Regions 1 & 2) 

Megan Bawks, Supervisory Grants Management Specialist, Grants Management Branch

Email: mbawks@osmre.gov

Phone: (412) 937-2882 

BIL Grants Management Officer (Interior Regions 3, 4, & 6) 

Paul Fritsch, Chief, Program & Technical Support Branch 

Email: pfritsch@osmre.gov

Phone: (618) 463-6463 

BIL Grants Supervisor (Interior Regions 3, 4, & 6) 

Thomas Koptchak, Chief, Program & Financial Assistance Branch

Email: tkoptchak@osmre.gov

Phone: (814) 421-1438 

BIL Grants Supervisor (Interior Regions 5, 7-11) 

Hillary Smith, Branch Chief, Program Services and Grants Division Manager 

Email: hsmith@osmre.gov

Phone: (303) 236 - 2927 

BIL Grants Management Officer (Interior Regions 5, 7-11) 

Andrew Lubner, Grants Branch Manager, Grants Division 

Email: alubner@osmre.gov

Phone: (303) 236-0000 

BIL Grants Supervisor (Headquarters) 

Tawana McKeither, Chief, Division of Financial Assistance 

Email: tmckeither@osmre.gov

Phone: (202) 208-7411 

BIL Grants Supervisor (Headquarters) 

Devon Brown, Supervisory Grants Management Specialist, Division of Financial Assistance 

Email: dbrown@osmre.gov

Phone: (202) 742-0777 

BIL Program Management Officer (OSMRE)

Yolande Norman-Moore, Chief, Division of Reclamation Support 

Email: ynorman@osmre.gov

Phone: (202) 208-2868 
GrantSolutions Non-Competitive

Bipartisan Infrastructure Law Program Funding Opportunity 

for FY 2023 - AMENDED

20