---
kind: "section"
citation: "49 C.F.R. § 661.21"
title: "49"
number: "661.21"
heading: "State Buy America provisions."
url: "https://uscodex.org/cfr/49/661.21"
---

# §661.21. State Buy America provisions.

- (a) Except as provided in [paragraph (b)](#b) of this section, any State may impose more stringent Buy America or buy national requirements than contained in section 165 of the Act and the regulations in this part.
- (b) FTA will not participate in contracts governed by the following:
  - (1) State Buy America or Buy National preference provisions which are not as strict as the Federal requirements.
  - (2) State and local Buy National or Buy America preference provisions which are not explicitly set out under State law. For example, administrative interpretations of non-specific State legislation will not control.
  - (3) **State and local Buy Local preference provisions.**

## Notes

### Authority

Authority: 49 U.S.C. 5323(j) (formerly sec. 165 of the Surface Transportation Assistance Act of 1982 (Pub. L. 97-424); as amended by sec. 337, Pub. L. 100-17; sec. 1048, Pub. L. 102-240; sec. 3020(b), Pub. L. 105-178; and sec. 3023(i) and (k), Pub. L. 109-59); 49 CFR 1.51.

### Source

Source: 56 FR 932, Jan. 9, 1991, unless otherwise noted.