[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5850 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 5850

   To expedite and streamline the deployment of affordable broadband 
            service on Tribal land, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2020

   Mr. Gallego (for himself, Ms. Haaland, Mr. Cole, Mr. Huffman, Ms. 
 Moore, Mr. Kilmer, Mr. Lujan, and Mr. Case) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
 in addition to the Committees on Agriculture, and Natural Resources, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To expedite and streamline the deployment of affordable broadband 
            service on Tribal land, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Bridging the 
Tribal Digital Divide Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
               TITLE I--INTERAGENCY COORDINATION PROGRAM

Sec. 101. Purpose.
Sec. 102. Interagency working group.
Sec. 103. Tribal broadband deployment plan.
Sec. 104. Streamlined applications for support.
Sec. 105. Tribal Broadband Deployment Advisory Committee.
                       TITLE II--TRIBAL SET-ASIDE

Sec. 201. Rural Utilities Service.
Sec. 202. Universal Service Fund.
              TITLE III--UNIVERSAL SERVICE ON TRIBAL LAND

Sec. 301. Universal service on Tribal land.
                   TITLE IV--TRIBAL BROADBAND FACTOR

Sec. 401. Tribal broadband factor.
                    TITLE V--BROADBAND RIGHTS-OF-WAY

Sec. 501. Pilot program for Tribal grant of rights-of-way for broadband 
                            facilities.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Rural Utilities Service.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (3) Broadband; broadband service.--The term ``broadband'' 
        or ``broadband service'' has the meaning given the term 
        ``broadband internet access service'' in section 8.1 of title 
        47, Code of Federal Regulations, or any successor regulation.
            (4) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 3 of the Communications Act 
        of 1934 (47 U.S.C. 153), as amended by section 301 of this Act.
            (6) Tribal broadband benchmark.--The term ``Tribal 
        broadband benchmark'' means the minimum acceptable level of 
        broadband service on Tribal land, which shall consist of--
                    (A) speed that is not slower than the speed 
                required for the service to qualify as an advanced 
                telecommunications capability, as that term is defined 
                in section 706(d) of the Telecommunications Act of 1996 
                (47 U.S.C. 1302(d)), as of the date on which that speed 
                is measured; and
                    (B) network round trip latency that is at or below 
                100 milliseconds for not less than 95 percent of all 
                peak period measurements of network round trip latency.
            (7) Tribal entity.--The term ``Tribal entity'' has the 
        meaning given the term in section 3 of the Communications Act 
        of 1934 (47 U.S.C. 153), as amended by section 301 of this Act.
            (8) Tribal government.--The term ``Tribal government'' 
        means the governing body of a Tribal entity.
            (9) Tribal land.--The term ``Tribal land'' has the meaning 
        given the term in section 3 of the Communications Act of 1934 
        (47 U.S.C. 153), as amended by section 301 of this Act.
            (10) Underserved tribal entity.--
                    (A) In general.--The term ``underserved Tribal 
                entity'' means a Tribal entity, the Tribal land of 
                which--
                            (i) lacks affordable broadband service; or
                            (ii) has subscription rates for broadband 
                        service that are below 80 percent, as 
                        determined by the Commission.
                    (B) Associated definition.--In this paragraph, the 
                term ``affordable broadband service'' means broadband 
                service on Tribal land, the rates for which are not 
                more than the average rates charged for broadband 
                service in the 5 nearest municipalities to that Tribal 
                land that have a population of more than 10,000 
                individuals, as determined by the Commission.
            (11) Working group.--The term ``Working Group'' means the 
        Tribal Broadband Interagency Working Group established under 
        section 102.

               TITLE I--INTERAGENCY COORDINATION PROGRAM

SEC. 101. PURPOSE.

    The purpose of this title is to--
            (1) expedite and streamline the deployment of affordable 
        broadband service on Tribal land through the coordination of 
        grants or other financial assistance;
            (2) improve the effectiveness of Federal assistance in 
        meeting the obligation of the Commission to ensure universal 
        availability of broadband networks to all people of the United 
        States, including individuals living on Tribal land; and
            (3) ensure the preservation and protection of self-
        governance, economic opportunity, health, education, public 
        safety, and welfare of Tribal entities.

SEC. 102. INTERAGENCY WORKING GROUP.

    (a) Establishment.--The Assistant Secretary and the Secretary of 
Agriculture shall jointly establish a working group to be known as the 
``Tribal Broadband Interagency Working Group'' to carry out the duties 
described in subsection (c).
    (b) Administration.--
            (1) Chairs.--The Assistant Secretary and the Administrator 
        shall serve as co-chairs of the Working Group.
            (2) Membership; staffing.--The Assistant Secretary and the 
        Administrator, in consultation with the Tribal Broadband 
        Deployment Advisory Committee established under section 105, 
        shall determine the membership and staffing of the Working 
        Group.
    (c) Duties.--The Working Group shall--
            (1)(A) serve as a forum for improving coordination across 
        Federal broadband programs that are available to Tribal 
        entities;
            (B) reduce regulatory barriers to broadband deployment on 
        Tribal land;
            (C) promote awareness of the value and availability of 
        Federal support for broadband deployment on Tribal land; and
            (D) develop common Federal goals, performance measures, and 
        plans to deploy affordable broadband to Tribal land;
            (2) not later than 1 year after the date of enactment of 
        this Act, and biennially thereafter, issue a strategic plan 
        regarding Tribal broadband deployment activities, priorities, 
        and objectives;
            (3) promote coordination of the activities of Federal 
        agencies on Tribal broadband deployment activities, including 
        the activities of--
                    (A) the Department of Agriculture;
                    (B) the Department of Commerce;
                    (C) the Department of Education;
                    (D) the Department of Health and Human Services;
                    (E) the Department of Housing and Urban 
                Development;
                    (F) the Department of the Interior;
                    (G) the Department of Labor;
                    (H) the Commission;
                    (I) the Institute of Museum and Library Services; 
                and
                    (J) any other Federal agency that the Working Group 
                considers appropriate;
            (4) provide technical assistance for the development of 
        Tribal broadband deployment plans to meet the Tribal broadband 
        benchmark;
            (5) under section 104, develop a streamlined and 
        standardized application process for grants and other financial 
        assistance to advance the deployment of broadband on Tribal 
        land;
            (6) promote information exchange between Federal agencies--
                    (A) to identify and document Federal and non-
                Federal programs and funding opportunities that support 
                Tribal broadband deployment; and
                    (B) if practicable, to leverage existing programs 
                by encouraging joint solicitations, block grants, and 
                matching programs with non-Federal entities; and
            (7) develop a standardized form that identifies all 
        applicable Federal statutory provisions, regulations, policies, 
        or procedures that the Working Group determines are necessary 
        to adhere to in order to implement a Tribal broadband 
        deployment plan.

SEC. 103. TRIBAL BROADBAND DEPLOYMENT PLAN.

    (a) Identification of Underserved Tribal Entities.--Not later than 
180 days after the date of enactment of this Act, the Chairman of the 
Commission, in coordination with the Secretary of the Interior, shall 
identify each underserved Tribal entity and publish a list of such 
entities in the Federal Register.
    (b) Notice to Underserved Tribal Entities.--Not later than 30 days 
after the date on which the list is published in the Federal Register 
under subsection (a), the Working Group shall send notice to each 
underserved Tribal entity on the list inviting the entity to request 
technical assistance for the development of a Tribal broadband 
deployment plan under this section.
    (c) Technical Assistance.--At the request of an underserved Tribal 
entity, the Working Group shall provide the entity with technical 
assistance to facilitate the development, adoption, and deployment of a 
Tribal broadband development plan detailing the current and projected 
efforts of the entity to meet the Tribal broadband benchmark.
    (d) Plan Elements.--Each Tribal broadband deployment plan developed 
under this section shall--
            (1) describe a comprehensive strategy identifying the full 
        range of options to meet the Tribal broadband benchmark;
            (2) describe all available Federal programs that are 
        available to assist the applicable underserved Tribal entity in 
        meeting the Tribal broadband benchmark;
            (3) describe the way in which Federal program activities 
        and funds shall be integrated, consolidated, and delivered to 
        the applicable underserved Tribal entity to meet the Tribal 
        broadband benchmark;
            (4) describe the results expected from implementing the 
        plan, including the expected number of additional households or 
        participants that would be served due to the implementation of 
        the plan;
            (5) identify the projected non-Federal expenditures under 
        the plan;
            (6) identify any agency of the applicable underserved 
        Tribal entity that will be involved in the delivery of the 
        services integrated under the plan;
            (7) identify all applicable Federal, State, and Tribal 
        statutory provisions, regulations, policies, or procedures that 
        the Working Group determines are necessary to adhere to in 
        order to implement the plan;
            (8) identify opportunities for the applicable underserved 
        Tribal entity to purchase spectrum; and
            (9) identify--
                    (A) deployment obstacles; and
                    (B) activities that are necessary to ensure access 
                to affordable broadband, including digital literacy 
                training, technical support, privacy and cybersecurity 
                expertise, or other end-user technology needs.
    (e) Promoting Broadband Availability.--The Working Group shall work 
in partnership with State, local, and Tribal governments, and consumer 
and industry groups, to promote broadband availability to each 
underserved Tribal entity, including consumers in rural and high-cost 
areas that are adjacent to Tribal land.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Working Group to carry out section 102 and this 
section $5,000,000 for each of fiscal years 2020 through 2025, to 
remain available until expended.

SEC. 104. STREAMLINED APPLICATIONS FOR SUPPORT.

    (a) Agency Consultation.--The Assistant Secretary shall consult 
with each Federal agency that offers a Federal broadband support 
program to Tribal entities to streamline and standardize the 
application process for grants or other financial assistance under the 
program.
    (b) Agency Streamlining.--A Federal agency that offers a Federal 
broadband support program to Tribal entities shall amend the 
application for broadband support from the program, to the extent 
practicable and as necessary, in order to streamline and standardize 
applications for Federal broadband support programs across the Federal 
Government.
    (c) Single Application.--To the greatest extent practicable, the 
Assistant Secretary shall seek to create 1 application that may be 
submitted to apply for support from all Federal broadband support 
programs.
    (d) Central Website.--Not later than 180 days after the date of 
enactment of this Act, the Assistant Secretary shall create a central 
website through which a potential applicant can learn about and apply 
for support from any Federal broadband support program.

SEC. 105. TRIBAL BROADBAND DEPLOYMENT ADVISORY COMMITTEE.

    (a) Establishment.--There is established the Tribal Broadband 
Deployment Advisory Committee (referred to in this section as the 
``Committee'').
    (b) Purposes; Scope of Activities.--
            (1) Purposes.--The purposes of the Committee are--
                    (A) to make recommendations to Congress regarding 
                how to accelerate the deployment of broadband service 
                on Tribal land by--
                            (i) reducing or removing statutory and 
                        regulatory barriers to investment in broadband 
                        infrastructure; and
                            (ii) strengthening existing broadband 
                        networks on Tribal land; and
                    (B) to provide an effective means for Tribal 
                entities to engage with governmental entities and 
                professionals with expertise and backgrounds in 
                broadband, telecommunications, information technology, 
                and infrastructure deployment and adoption in the areas 
                covered by the Committee to exchange ideas and develop 
                recommendations to Congress regarding the deployment of 
                broadband on Tribal land.
            (2) Consideration of issues.--The Committee may consider 
        issues that include--
                    (A) measures to prepare for, respond to, and 
                recover from disasters that impact broadband networks;
                    (B) new ways of encouraging deployment of broadband 
                infrastructure and services on Tribal land; and
                    (C) other ways to accelerate the deployment of 
                broadband infrastructure to Tribal land.
    (c) Duties.--The Committee shall provide recommendations to 
Congress on issues relating to the deployment of broadband on Tribal 
land.
    (d) Membership.--
            (1) In general.--The Committee shall consist of 16 
        voluntary representatives as follows:
                    (A) Twelve authorized representatives of Tribal 
                governments, each of whom shall represent a different 
                Bureau of Indian Affairs region.
                    (B) Four authorized representatives of Tribal 
                governments, each of whom shall serve as an at-large 
                representative.
            (2) Qualifications.--Each member of the Committee described 
        in paragraph (1) shall--
                    (A) be an elected Tribal official or authorized 
                representative of an elected Tribal official;
                    (B) act in the official capacity of the member as 
                an elected official of the entity;
                    (C) have the authority to participate on behalf of 
                the Tribe; and
                    (D) be qualified to represent the views of all 
                Tribal entities located in the region of the Bureau of 
                Indian Affairs represented by the member.
            (3) Chair.--The Assistant Secretary shall appoint a Chair 
        of the Committee, who shall--
                    (A) approve or call all of the meetings of the 
                Committee and subcommittees of the Committee;
                    (B) prepare and approve all meeting agendas;
                    (C) attend all Committee and subcommittee meetings;
                    (D) adjourn any meeting when the Chair determines 
                that adjournment to be in the public interest; and
                    (E) chair meetings when directed to do so by the 
                Assistant Secretary.
    (e) Meetings.--
            (1) Frequency.--The Committee shall meet not less 
        frequently than 3 times per year.
            (2) Transparency.--The meetings of the Committee shall be 
        open to the public and timely notice of each such meeting shall 
        be published--
                    (A) in the Federal Register; and
                    (B) through other appropriate methods.
    (f) Support.--
            (1) Facilities and staff.--The Assistant Secretary shall 
        provide the facilities and support staff necessary to conduct 
        meetings of the Committee.
            (2) Compensation.--A member of the Committee shall serve 
        without any compensation from the Federal Government.
            (3) Travel expenses.--A member of the Committee shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Committee.

                       TITLE II--TRIBAL SET-ASIDE

SEC. 201. RURAL UTILITIES SERVICE.

    (a) Tribal Set-Aside.--Notwithstanding any other provision of law, 
effective beginning in fiscal year 2020 and for each fiscal year 
thereafter, the Secretary of Agriculture (referred to in this section 
as the ``Secretary'') shall set aside for broadband adoption and 
deployment on Tribal land not less than 20 percent of the amounts made 
available for that fiscal year for each of the following:
            (1) The Telecommunications Infrastructure Loan and Loan 
        Guarantee Program established under the Rural Electrification 
        Act of 1936 (7 U.S.C. 901 et seq.).
            (2) The initiative under section 306F of that Act (7 U.S.C. 
        936f).
            (3) The Community Connect Grant Program established under 
        section 604 of that Act (7 U.S.C. 950bb-3).
            (4) Financial assistance under chapter 1 of subtitle D of 
        title XXIII of the Food, Agriculture, Conservation, and Trade 
        Act of 1990 (7 U.S.C. 950aaa et seq.), under section 2335A of 
        that Act (7 U.S.C. 950aaa-5).
            (5) The broadband loan and grant pilot program described in 
        section 779 of division A of the Consolidated Appropriations 
        Act, 2018 (Public Law 115-141).
    (b) Community Connect Grant Program.--
            (1) Definition of eligible entity.--Section 604(a)(3) of 
        the Rural Electrification Act of 1936 (7 U.S.C. 950bb-3(a)(3)) 
        is amended--
                    (A) in subparagraph (A)(i)(II), by striking ``or 
                Tribal organization'' and inserting ``, Tribal 
                organization, or Indian-owned business (as defined in 
                section 3 of the Native American Business Development, 
                Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 
                4302))''; and
                    (B) in subparagraph (B)(ii), by inserting ``, 
                unless the partnership is an Indian-owned business (as 
                defined in section 3 of the Native American Business 
                Development, Trade Promotion, and Tourism Act of 2000 
                (25 U.S.C. 4302))'' before the period at the end.
            (2) Exemption from matching funds requirement.--Section 
        604(e)(1) of the Rural Electrification Act of 1936 (7 U.S.C. 
        950bb-3(e)(1)) is amended by inserting ``(other than an 
        underserved Tribal entity (as defined in section 2 of the 
        Bridging the Tribal Digital Divide Act of 2020))'' after 
        ``eligible entity''.
            (3) Exemption from application requirements.--Section 
        604(f) of the Rural Electrification Act of 1936 (7 U.S.C. 
        950bb-3(f)) is amended by adding at the end the following:
            ``(3) Exemptions for tribal entities.--Notwithstanding 
        paragraphs (1) and (2), the Secretary shall not require a 
        Tribal entity (as defined in section 2 of the Bridging the 
        Tribal Digital Divide Act of 2020) to submit a system design 
        described in subsection (d) of section 1739.15 of title 7, Code 
        of Federal Regulations (or successor regulations), or financial 
        information described in subsection (h)(2) of that section, to 
        be eligible to receive a grant under the Program.''.
    (c) Broadband Loan and Grant Pilot Program.--
            (1) In general.--Notwithstanding any other provision of 
        law, a Tribal entity shall be considered to be eligible for 
        funding under the broadband loan and grant pilot program 
        described in section 779 of division A of the Consolidated 
        Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 399).
            (2) Exemptions.--The Secretary of Agriculture shall exempt 
        underserved Tribal entities from the application requirements 
        under the pilot program described in paragraph (1)--
                    (A) to submit a network design; and
                    (B) to provide a matching contribution equal to 25 
                percent of the overall cost of the project.

SEC. 202. UNIVERSAL SERVICE FUND.

    (a) Universal Service Generally.--Not later than 180 days after the 
date of enactment of this Act, the Commission shall promulgate 
regulations under which the Commission, on and after the effective date 
of the regulations, shall--
            (1) set aside 5 percent of the amounts allocated for each 
        Federal universal service support program established under 
        section 254 of the Communications Act of 1934 (47 U.S.C. 254), 
        including each program carried out under subparts D through G 
        and J through M of part 54 of title 47, Code of Federal 
        Regulations, or any successor regulations; and
            (2) with respect to the amount set aside from each program 
        under paragraph (1), distribute that amount for the purpose of 
        expanding access to broadband service on Tribal land, in 
        accordance with the otherwise applicable requirements of the 
        program.
    (b) Lifeline Program.--
            (1) Initial increase in tribal land support amount.--For 
        the first 12-month period beginning 2 years after the date of 
        enactment of this Act, in the case of Tribal land pertaining to 
        a Tribal entity that has not met the Tribal broadband 
        benchmark, the Commission shall increase the monthly cap on 
        additional Federal lifeline support made available to an 
        eligible telecommunications carrier providing Lifeline service 
        to an eligible resident of that Tribal land under section 
        54.403(a)(3) of title 47, Code of Federal Regulations, or any 
        successor regulation, by $10.
            (2) Annual increase.--For each subsequent 12-month period 
        after the 12-month period described in paragraph (1), in the 
        case of Tribal land pertaining to a Tribal entity that has not 
        met the Tribal broadband benchmark, the Commission shall 
        increase the monthly cap described in that paragraph by an 
        additional $10.

              TITLE III--UNIVERSAL SERVICE ON TRIBAL LAND

SEC. 301. UNIVERSAL SERVICE ON TRIBAL LAND.

    (a) Definitions.--Section 3 of the Communications Act of 1934 (47 
U.S.C. 153) is amended--
            (1) by redesignating paragraphs (58) and (59) as paragraphs 
        (62) and (63), respectively;
            (2) by redesignating paragraphs (35) through (57) as 
        paragraphs (37) through (59), respectively;
            (3) by redesignating paragraphs (24) through (34) as 
        paragraphs (25) through (35), respectively;
            (4) by inserting after paragraph (23) the following:
            ``(24) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term `Indian tribe' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).'';
            (5) by inserting after paragraph (35), as so redesignated, 
        the following:
            ``(36) Native hawaiian.--The term `Native Hawaiian' has the 
        meaning given the term in section 801 of the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4221).''; and
            (6) by inserting after paragraph (59), as so redesignated, 
        the following:
            ``(60) Tribal entity.--The term `Tribal entity'--
                    ``(A) means an Indian Tribe; and
                    ``(B) includes a Native Hawaiian community.
            ``(61) Tribal land.--The term `Tribal land' means--
                    ``(A) any land located within the boundaries of--
                            ``(i) an Indian reservation, pueblo, or 
                        rancheria; or
                            ``(ii) a former reservation within 
                        Oklahoma;
                    ``(B) any land not located within the boundaries of 
                an Indian reservation, pueblo, or rancheria, the title 
                to which is held--
                            ``(i) in trust by the United States for the 
                        benefit of an Indian Tribe or an individual 
                        Indian;
                            ``(ii) by an Indian Tribe or an individual 
                        Indian, subject to restriction against 
                        alienation under laws of the United States; or
                            ``(iii) by a dependent Indian community;
                    ``(C) any land located within a region established 
                pursuant to section 7(a) of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1606(a));
                    ``(D) Hawaiian Home Lands, as defined in section 
                801 of the Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4221); or
                    ``(E) those areas or communities designated by the 
                Assistant Secretary of Indian Affairs of the Department 
                of the Interior that are near, adjacent, or contiguous 
                to reservations where financial assistance and social 
                service programs are provided to Indians because of 
                their status as Indians.''.
    (b) Universal Service.--Section 254(b)(3) of the Communications Act 
of 1934 (47 U.S.C. 254(b)(3)) is amended--
            (1) by striking ``and those'' and inserting ``, 
        consumers''; and
            (2) inserting after ``high cost areas,'' the following: 
        ``and consumers on Tribal land and in areas with high 
        populations of Indians (as defined in section 19 of the Act of 
        June 18, 1934 (commonly known as the `Indian Reorganization 
        Act') (25 U.S.C. 5129)), or Native Hawaiians (as defined in 
        section 801 of the Native American Housing Assistance and Self-
        Determination Act of 1996 (25 U.S.C. 4221)),''.
    (c) Technical and Conforming Amendment.--Section 271(c)(1)(A) of 
the Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended, in 
the first sentence, by striking ``section 3(47)(A)'' and inserting 
``section 3(56)(A)''.

                   TITLE IV--TRIBAL BROADBAND FACTOR

SEC. 401. TRIBAL BROADBAND FACTOR.

    The Commission shall conduct a rulemaking to--
            (1) increase Connect America Fund Broadband Loop Support 
        under subpart K of part 54 of title 47, Code of Federal 
        Regulations (or any successor regulation), available to rate-
        of-return carriers serving Tribal lands by reducing the funding 
        threshold of $42 per month per line by 25 percent; and
            (2) increase High Cost Loop Support under subpart M of part 
        54 of title 47, Code of Federal Regulations (or any successor 
        regulation), available to rate-of-return carriers serving 
        Tribal lands by increasing--
                    (A) the eligible costs expense adjustment under 
                section 54.1310(a)(1) of that title from 65 percent to 
                81.25 percent; and
                    (B) the eligible costs expense adjustment under 
                section 54.1310(a)(2) of that title from 75 percent to 
                93.75 percent.

                    TITLE V--BROADBAND RIGHTS-OF-WAY

SEC. 501. PILOT PROGRAM FOR TRIBAL GRANT OF RIGHTS-OF-WAY FOR BROADBAND 
              FACILITIES.

    (a) Definitions.--In this section:
            (1) Program.--The term ``program'' means the Tribal 
        Broadband Right-of-Way Pilot Program established under 
        subsection (b)(1).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Pilot Program.--
            (1) In general.--The Secretary shall establish a pilot 
        program, to be known as the ``Tribal Broadband Right-of-Way 
        Pilot Program'', under which the Secretary shall delegate to 
        the Indian Tribes selected under paragraph (3) the authority 
        under the first section of the Act of February 5, 1948 (62 
        Stat. 17, chapter 45; 25 U.S.C. 323) to grant rights-of-way 
        described in paragraph (2) over and across Tribal land.
            (2) Right-of-way described.--A right-of-way referred to in 
        paragraph (1) is a right-of-way for the construction, 
        maintenance, and facilitation of broadband service, which may 
        include--
                    (A) towers;
                    (B) cables;
                    (C) transmission lines; and
                    (D) any other equipment necessary for construction, 
                maintenance, and facilitation of broadband service.
            (3) Participating indian tribes.--
                    (A) In general.--Subject to subparagraph (B) and in 
                accordance with subsection (c), the Secretary shall 
                select not fewer than 10 Indian Tribes to participate 
                in the program.
                    (B) Location of indian tribes.--Of the Indian 
                Tribes selected under subparagraph (A), not fewer than 
                5 shall be Indian Tribes the land of which is located 
                within the State of Arizona or the State of New Mexico.
            (4) Broadband right-of-way.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an Indian Tribe participating in the program may 
                grant a right-of-way described in paragraph (2) over 
                and across the land of the Indian Tribe without the 
                approval of, or a grant by, the Secretary, if--
                            (i) the right-of-way is granted in 
                        accordance with the regulations of the Indian 
                        Tribe approved by the Secretary under 
                        subsection (c); and
                            (ii) the term of the right-of-way does not 
                        exceed 25 years, except that a right-of-way may 
                        include an option to renew the right-of-way for 
                        not more than 2 additional terms, each of which 
                        may not exceed 25 years.
                    (B) Allotted land.--An Indian Tribe may not grant a 
                right-of-way under subparagraph (A) over and across an 
                individual Indian allotment under section 4 of the Act 
                of February 8, 1887 (commonly known as the ``Indian 
                General Allotment Act'') (24 Stat. 389, chapter 119; 25 
                U.S.C. 334).
    (c) Proposed Regulations.--
            (1) In general.--An Indian Tribe desiring to participate in 
        the program shall submit to the Secretary an application 
        containing the proposed regulations of the Indian Tribe for the 
        granting of rights-of-way described in subsection (b)(2).
            (2) Selection.--The Secretary may only select for 
        participation in the program Indian Tribes the proposed 
        regulations of which are approved by the Secretary under this 
        subsection.
            (3) Considerations for approval.--The Secretary may approve 
        the proposed regulations of an Indian Tribe if the 
        regulations--
                    (A) are consistent with any regulations issued by 
                the Secretary under section 6 of the Act of February 5, 
                1948 (62 Stat. 18, chapter 45; 25 U.S.C. 328); and
                    (B) provide for an environmental review process 
                that includes--
                            (i) the identification and evaluation by 
                        the Indian Tribe of any significant impacts of 
                        the proposed right-of-way on the environment; 
                        and
                            (ii) a process for ensuring that--
                                    (I) the public is informed of, and 
                                has a reasonable opportunity to comment 
                                on, any impacts identified by the 
                                Indian Tribe under clause (i); and
                                    (II) the Indian Tribe provides 
                                responses to relevant and substantive 
                                public comments received under 
                                subclause (I).
            (4) Technical assistance.--
                    (A) In general.--On request of an Indian Tribe 
                desiring to participate in the program, the Secretary 
                shall provide technical assistance for development of 
                proposed regulations to be submitted in the application 
                of the Indian Tribe under paragraph (1), including 
                technical assistance for development of a regulatory 
                environmental review process that meets the 
                requirements of paragraph (3)(B).
                    (B) ISDEAA.--
                            (i) In general.--Technical assistance 
                        provided by the Secretary under subparagraph 
                        (A) may be made available to Indian Tribes 
                        described in clause (ii) through contracts, 
                        grants, or agreements entered into in 
                        accordance with the Indian Self-Determination 
                        and Education Assistance Act (25 U.S.C. 5304 et 
                        seq.).
                            (ii) Indian tribe described.--An Indian 
                        Tribe referred to in clause (i) is an Indian 
                        Tribe eligible for contracts, grants, or 
                        agreements under the Indian Self-Determination 
                        and Education Assistance Act (25 U.S.C. 5304 et 
                        seq.).
            (5) Review process.--
                    (A) In general.--Not later than 120 days after the 
                date on which an application is submitted to the 
                Secretary under paragraph (1), the Secretary shall 
                review and approve or disapprove the proposed 
                regulations contained in the application.
                    (B) Written documentation.--If the Secretary 
                disapproves the regulations under subparagraph (A), the 
                Secretary shall--
                            (i) notify the Indian Tribe that the 
                        regulations have been disapproved; and
                            (ii) include with the notification written 
                        documentation that describes the basis for the 
                        disapproval.
                    (C) Extension.--After consultation with the Indian 
                Tribe, the Secretary may extend the deadline described 
                in subparagraph (A) for an additional 120-day period.
    (d) Federal Environmental Review.--If an Indian Tribe participating 
in the program proposes to grant a right-of-way for a broadband service 
project or activity funded by a Federal agency, the Indian Tribe may 
rely on the environmental review process of the applicable Federal 
agency rather than the environmental review process approved as part of 
the regulations of the Indian Tribe under subsection (c)(3)(B).
    (e) Documentation.--If an Indian Tribe participating in the program 
grants a right-of-way under the program, the Indian Tribe shall submit 
to the Secretary--
            (1) a copy of the right-of-way, including any amendments or 
        renewals to the right-of-way; and
            (2) if the regulations of the Indian Tribe or the right-of-
        way allows for right-of-way payments to be made directly to the 
        Indian Tribe, documentation of the right-of-way payments that 
        are sufficient to enable the Secretary to discharge the trust 
        responsibility of the United States under subsection (f)(2).
    (f) Trust Responsibility.--
            (1) In general.--The United States shall not be liable for 
        any losses sustained by a party to a right-of-way granted by an 
        Indian Tribe under the program.
            (2) Authority of secretary.--
                    (A) In general.--Pursuant to the authority of the 
                Secretary to fulfill the trust obligation of the United 
                States to Indian Tribes participating in the program 
                under Federal law (including regulations), the 
                Secretary may, on request by, and after reasonable 
                notice from, an Indian Tribe, enforce the provisions 
                of, or cancel, any right-of-way granted by the Indian 
                Tribe under the program.
                    (B) Procedures.--The Secretary shall enforce the 
                provisions of, or cancel, any right-of-way under 
                subparagraph (A) in accordance with the regulations 
                issued by the Secretary under section 6 of the Act of 
                February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 
                328).
    (g) Compliance.--
            (1) In general.--A duly enrolled member of an Indian Tribe, 
        after exhausting any applicable Tribal remedies, may submit to 
        the Secretary, at such time and in such form as the Secretary 
        determines to be appropriate, a petition to review the 
        compliance of an Indian Tribe participating in the program with 
        the regulations of the Indian Tribe approved by the Secretary 
        under subsection (c).
            (2) Violations.--If, after carrying out a review under 
        paragraph (1), the Secretary determines that the Indian Tribe 
        violated the regulations, the Secretary, subject to paragraph 
        (3)(B), may take any action the Secretary determines to be 
        necessary to remedy the violation, including--
                    (A) rescinding the approval of the regulations; and
                    (B) reassuming the authority to grant rights-of-
                ways described in subsection (b)(2) delegated to the 
                Indian Tribe under the program.
            (3) Documentation.--If the Secretary determines that the 
        Indian Tribe violated the regulations and a remedy is 
        necessary, the Secretary shall--
                    (A) submit to the Indian Tribe a written 
                notification of the regulations that have been 
                violated; and
                    (B) prior to the exercise of any remedy under 
                paragraph (2), provide the Indian Tribe with--
                            (i) a hearing that is on the record; and
                            (ii) a reasonable opportunity to cure the 
                        alleged violation.
    (h) Sunset.--The authority of the Secretary to carry this section 
shall terminate 10 years after the date of enactment of this Act.
                                 <all>