[Code of Federal Regulations] [Title 43, Volume 1] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 43CFR12.810] [Page 335] TITLE 43--PUBLIC LANDS: INTERIOR PART 12_ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES FOR ASSISTANCE PROGRAMS--Table of Contents Subpart E_Buy American Requirements for Assistance Programs Sec. 12.810 Policy. (a) The Buy American Act requires that only domestic construction materials be used in construction in the United States, except when-- (1) The cost would be unreasonable as determined in accordance with Sec. 12.815; (2) The head of the grantee organization or a designee at a level no lower than the grantee's designated awarding official determines that use of a particular domestic construction material would be impracticable; or (3) The head of the grantee organization or a designee at a level no lower than the grantee's designated awarding official determines the construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality (see Sec. 12.720). (b) When it is determined for any reasons stated in this section that certain foreign construction materials may be used, the excepted materials shall be listed in the agreement. Findings justifying the exception shall be available for public inspection.