[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4331 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4331

To preserve Indian Tribes' and Native Hawaiian organizations' autonomy 
    of access to spectrum over Tribal lands and expedite immediate 
   deployment of telecommunications services for critical government 
  services, including national emergencies, natural disasters, public 
    health and biohazard threats, safety, education, opportunity to 
   participate in the broadband economy, self-governance, access to 
Federal, State, and Tribal voting and elections, and the Federal census 
 count, for the protection of life and property in furtherance of the 
         Federal trust responsibility, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2020

Ms. Warren (for herself and Ms. Hirono) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To preserve Indian Tribes' and Native Hawaiian organizations' autonomy 
    of access to spectrum over Tribal lands and expedite immediate 
   deployment of telecommunications services for critical government 
  services, including national emergencies, natural disasters, public 
    health and biohazard threats, safety, education, opportunity to 
   participate in the broadband economy, self-governance, access to 
Federal, State, and Tribal voting and elections, and the Federal census 
 count, for the protection of life and property in furtherance of the 
         Federal trust responsibility, 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.

    This Act may be cited as the ``Deploying the Internet by 
Guaranteeing Indian Tribes Autonomy over Licensing on Reservations 
Act'' or the ``DIGITAL Reservations Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and purposes.
Sec. 4. Indian Tribes' and Native Hawaiian organizations' exclusive 
                            right to all available or unlicensed 
                            electromagnetic spectrum over Tribal lands.
Sec. 5. Access to spectrum over Tribal lands.
Sec. 6. Existing spectrum licenses and spectrum over Tribal lands.
Sec. 7. Tribal Broadband Fund.
Sec. 8. Directing the Commission to engage in rulemaking proceedings 
                            for broadband development on Tribal lands.
Sec. 9. Technical assistance for spectrum management, contractual 
                            agreements, and procedural requirements.
Sec. 10. Annual reporting requirements.
Sec. 11. Definitions.

SEC. 3. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Indian Tribes are sovereign nations that are 
        independent and legally distinct political bodies that exercise 
        self-governance with the inherent power to control their 
        internal relations including natural resource development and 
        management of assets, including spectrum over Tribal lands.
            (2) This longstanding precedent established territorial 
        sovereignty through distinct and separate jurisdictions in 
        which Indian Tribes retain their sovereign power to control 
        their internal relations and protect Tribal self-governance 
        within designated Tribal lands or reservations.
            (3) Tribal lands were established during the ``Allotment'' 
        or ``Reservation'' era of Federal Indian law and policy (1871-
        1928) when the Federal Government significantly narrowed the 
        control and rights of Indian Tribes through the unilateral 
        acquisition of Tribal lands and resources, then subsequently 
        gave the rights to this property to non-Indian settlers.
            (4) Under the General Allotment Act of 1887, Tribal members 
        were forced to surrender their previously undivided interest in 
        Tribally owned trust estate for individually assigned land 
        interests creating permanently divided land allotments on 
        Tribal lands, and further coercing Native Americans into 
        assimilation and dependency on the Federal Government, thus 
        depriving them of their traditional economies.
            (5) Congress has acknowledged that this Reservation Era 
        policy is widely known as failed Federal policy that 
        established individual non-Indian land holdings on reservations 
        resulting in checkerboarded Tribal lands that cause complex 
        jurisdictional and legal complications today.
            (6) In response to these failed, paternalistic Federal 
        assimilation policies, forced acquisition of indigenous lands, 
        and genocide of Native Americans, the United States has 
        recognized the unique legal relationship and trust 
        responsibility it has with American Indians, Alaska Natives, 
        and Native Hawaiians to promote their self-determination and 
        sovereignty in furtherance of its treaty obligations and 
        longstanding government-to-government relationship.
            (7) Congressional authority to manage this unique 
        government-to-government relationship with Native nations and 
        Indian affairs generally is recognized as plenary; 
        constitutionally vested congressional authority to regulate 
        commerce and govern activities with Indian Tribes, which is 
        distinct and separate from executive and judicial branch 
        powers.
            (8) The Federal Government's trust responsibility with 
        Indian Tribes extends to all governmental branches requiring 
        the United States to uphold its fiduciary duties of care and 
        loyalty, to make trust property income productive, to enforce 
        reasonable claims on behalf of Native Americans, and to take 
        affirmative action to preserve trust property, for the benefit 
        of American Indians and Alaska Natives, and Native Hawaiians as 
        part of this Federal-Tribal relationship and Tribal self-
        governance.
            (9) The Federal Communications Commission (FCC) has 
        acknowledged this fiduciary responsibility to Native nations 
        and has further recognized the Commission's own responsibility 
        to promote their self-sufficiency and economic development on 
        Tribal lands.
            (10) In 2018, a Government Accountability Office (GAO) 
        report noted that numerous Tribal entities, associations, and 
        academic groups consider spectrum as a natural resource that 
        should be managed by Tribes. FCC officials responded that, 
        ``spectrum is not considered a reserved right under treaties 
        with Indian tribes, as it is not explicitly stated''.
            (11) The first United States treaty with an American Indian 
        Tribe was ratified in 1778, over 240 years ago, and Indian 
        treaty-making ended in 1871, prior to the development of 
        spectrum, and adoption of the existing regime for licensing and 
        regulating spectrum access.
            (12) Further, a 2020 GAO report repeatedly stated that 
        ``spectrum is a finite natural resource used to provide a 
        variety of communication services'' to governmental entities.
            (13) However, with the exception of the FCC's efforts to 
        allocate a severely limited bandwidth of temporary spectrum 
        authority to select Tribal applicants during the COVID-19 
        crisis, it failed to grant numerous emergency requests from 
        Congress, Indian Tribes, and Native Hawaiian organizations to 
        extend the 2.5 GHz Rural Tribal Priority Window timeline by 180 
        days to give Native nations a fair opportunity to secure 
        spectrum over their Tribal lands before the August 3, 2020, 
        expiration date amidst the pandemic.
            (14) To date, the Commission has failed to implement 
        nationwide spectrum opportunities or uniform licensing for 
        Indian Tribes and Native Hawaiian organizations to make 
        spectrum available over their Tribal lands or account for the 
        unmet needs of native Nations in compliance with the Federal 
        trust responsibility.
            (15) To the contrary, the FCC has used its general 
        authority to regulate for-profit commercial use of spectrum 
        over Tribal lands to assign Indian Tribes' spectrum licenses to 
        non-Indian companies through privatized auctions, by 
        promulgating regulations for licensed and unlicensed spectrum 
        over Tribal lands, and by conducting oversight over secondary 
        market transactions, including leasing spectrum licenses over 
        Tribal lands and Hawaiian Home Lands to private companies 
        without Tribal consultation or consent.
            (16) The Commission's actions parallel failed Federal 
        Reservation Era policy that divided Indian land holdings and 
        created systemic barriers to Indian Tribes' economic 
        development and legal jurisdictional complications on Tribal 
        lands that continue to disadvantage Tribal communities today.
            (17) Indian Tribes and Native Hawaiian organizations 
        continue to encounter substantial barriers to accessing 
        spectrum on Tribal lands and Hawaiian Home Lands to deploy 
        telecommunications services for the safety and well-being of 
        their members to decrease the alarming rates of violent crimes, 
        suicides, and additional unnecessary loss of lives that Native 
        Americans disproportionately experience, especially through the 
        lack of access to telehealth services and digital emergency 
        resources as demonstrated during the COVID-19 pandemic that 
        disproportionately impacted Indian Country.
            (18) Further, the 2018 Broken Promises Report published by 
        the United States Commission on Civil Rights found Native 
        Americans rank near the bottom of all Americans in terms of 
        health, education, and employment due to the unique challenges 
        and harsh living conditions as a result of the Reservation Era 
        when the Federal Government relocated Indian Tribes to 
        geographically isolated reservations where ``persistent 
        discrimination has rendered their reality often invisible to 
        other Americans''.
            (19) Today, Tribal lands are some of the most digitally 
        disconnected areas in the United States, where 1.5 million 
        people lack basic broadband and wireless services at rates 
        comparable to, and in some cases lower than, developing 
        countries, leaving Tribal lands further behind in the digital 
        divide by global benchmarks.
            (20) In 2018, the Broadband Commission for Sustainable 
        Development reported that wireless network coverage in Sub-
        Saharan Africa increased to 70 percent, surpassing the network 
        coverage rates on Tribal lands and Hawaiian Home Lands in the 
        United States.
            (21) In 2018, the Government Accountability Office (GAO) 
        and the Federal Communications Commission (FCC) reported that 
        over 92 percent of people living outside of Tribal lands and 
        Hawaiian Home Lands have access to fixed broadband services, 
        and 98 percent of American households have telephone services. 
        However, only 65 percent of American Indians, Alaska Natives, 
        and Native Hawaiians living on Tribal lands and Hawaiian Home 
        Lands have access to fixed broadband services, and only 69 
        percent of households on Tribal lands have telephone services.
            (22) Lack of Indian Tribes' access to spectrum over their 
        Tribal lands during the COVID-19 pandemic also highlighted 
        Indian Country's expanding digital divide, as supported by the 
        GAO's finding that health information technology systems at the 
        Indian Health Service (IHS) rank as the Federal Government's 
        third-highest need for agency system modernization since 50 
        percent of IHS facilities depend on outdated circuit 
        connections based on one or two T1 circuit lines (3 Mbps), 
        creating slower response times than any other health facility 
        system in the country.
            (23) A 2018 National Congress of American Indians and 
        National Indian Health Board health reform comment filed with 
        the Federal Communications Commission has further stated that 
        75 percent of rural Indian Health Service (IHS) facilities do 
        not have reliable broadband networks for American Indians and 
        Alaska Natives to access telehealth-based services, which is a 
        critical need in the most geographically isolated areas of the 
        United States with some of the highest poverty rates, and lack 
        of access to reliable transportation.
            (24) Additionally, IHS officials reported during the COVID-
        19 pandemic that deficiencies within their health IT system 
        inhibited the agency's ability to adequately conduct 
        coronavirus disease surveillance and record accurate data 
        contributing to the disproportional rates of coronavirus 
        transmissions on reservations.
            (25) The Bureau of Indian Education (BIE) estimated from a 
        survey of 142 out of 174 schools, that up to 95 percent of 
        their students do not have access to residential internet 
        services depending on Bureau school locations and data cap 
        limitations before and during the pandemic.
            (26) As an additional barrier, no dedicated Federal funding 
        streams exist for Indian Tribes or Native Hawaiian 
        organizations to deploy telecommunications or broadband 
        services, both wireline and wireless, on Tribal lands and 
        Hawaiian Home Lands. In 2018, the GAO found that the FCC and 
        Department of Agriculture's combined total of $34,600,000,000 
        was available for broadband services and infrastructure; 
        however, from 2010 to 2017, only 0.7 percent was allocated to 
        Tribal telecommunications deployment.
            (27) It is estimated that only 0.3 percent of the 13,000 
        radio facilities in the country belong to federally recognized 
        Indian Tribes, indicating a severe lack of Tribal ownership of 
        telecommunications services generally.
            (28) Indian Tribes' and Native Hawaiian organizations' 
        longstanding funding and administrative barriers to access 
        spectrum over Tribal lands and Hawaiian Home Lands prohibits 
        their self-governance and further exacerbate rates of 
        unemployment, systemic poverty, health disparities, connection 
        to the global market, educational and economic opportunities, 
        unnecessary loss of lives, and unknown future disparities 
        resulting from the absence of indigenous representation in the 
        modernization of the digital sector, coding, general 
        advancement of technological services and platforms, and Native 
        ownership in the telecommunications industry.
    (b) Purposes.--The purposes of this Act are--
            (1) to clarify Indian Tribes' and Native Hawaiian 
        organizations' inherent ownership of, and preserve, Indian 
        Tribes' spectrum licenses and spectrum over Tribal lands and 
        Hawaiian Home Lands in furtherance of the trust responsibility 
        and acknowledgment of sovereign status in the United States;
            (2) to diminish the effect of the Commission's Tribal 
        priority filing windows, auctions for spectrum licenses over 
        Tribal lands, and assignment and leasing of spectrum over 
        Tribal lands; ensure the Commission's competitive bidding 
        authority does not apply to licenses or construction permits 
        issued by the Commission over Tribal lands and Hawaiian Home 
        Lands; and permanently eliminate the public availability of 
        spectrum over Tribal lands and Hawaiian Home Lands;
            (3) to ensure the Commission requires all unused and 
        unassigned spectrum licenses over Tribal lands and Hawaiian 
        Home Lands to revert to the ownership of the Indian Tribe and 
        Native Hawaiian organization where they are geographically 
        located in furtherance of prioritizing their ownership of 
        spectrum over Tribal lands and Hawaiian Home Lands as part of 
        their inherent self-governance, and expedite the immediate 
        deployment of wireless services for critical government 
        services, including national emergencies, natural disasters, 
        and biohazard threats, access to health, public safety 
        services, educational opportunities, ability to participate in 
        the broadband economy, access to Federal, State, and Tribal 
        voting and elections, and the Federal census count;
            (4) to promote Indian Tribes' inherent self-governance and 
        autonomy over their respective Tribal lands by ensuring 
        spectrum over Tribal lands and Hawaiian Home Lands are held by 
        Indian Tribes and Native Hawaiian organizations in perpetuity 
        in compliance with the Federal trust responsibility;
            (5) to ensure Indian Tribes and Native Hawaiian 
        organizations have resources available for the full retention 
        and immediate deployment of their spectrum over Tribal lands 
        and Hawaiian Home Lands for wireless broadband service and 
        telecommunications services, including all commercial, 
        noncommercial, mobile, radio, television, broadcast, ``middle 
        mile'' and long haul fiber, and future spectrum licenses, 
        infrastructure, and interconnectivity services that are within 
        the jurisdiction of their respective Tribal lands and Hawaiian 
        Home Lands;
            (6) to encourage Indian Tribes and Native Hawaiian 
        organizations to immediately develop and deploy spectrum 
        services over their lands, especially broadband and wireless 
        services, to bridge the increasing digital divide over Tribal 
        lands for the realization of full self-governance and autonomy 
        through access to critical government services, resources for 
        national emergencies, economic development, and management of 
        resources;
            (7) to create opportunities for Indian Tribes and Native 
        Hawaiian organizations to develop and build out digital and 
        telecommunications networks and infrastructure on their lands 
        and promote full self-governance and autonomy;
            (8) to require the Commission to initiate and complete the 
        rulemaking process with robust, interactive, pre-decisional, 
        informative, and transparent consultation with Indian Tribes 
        and Native Hawaiian organizations in order for them to obtain 
        free, prior, and informed consent before the approval and 
        adoption of administrative measures or agency action that 
        affects Tribal lands, or other associated Tribal resources, 
        especially where telecommunications processes and associated 
        information are unclear, unreported, or inadequate to meet the 
        needs of Indian Tribes and Native Hawaiian organizations to 
        preserve spectrum rights over Tribal lands and Hawaiian Home 
        Lands, establish the Tribal Broadband Fund, and build out 
        robust digital networks on Tribal lands so their members can 
        access digital services at rates proportional to non-Indians 
        living off Tribal lands; and
            (9) to ensure the Commission ceases the allotment of 
        spectrum rights over Tribal lands and Hawaiian Home Lands to 
        private telecommunication companies to protect life and 
        property in furtherance of the Federal trust responsibility.

SEC. 4. INDIAN TRIBES' AND NATIVE HAWAIIAN ORGANIZATIONS' EXCLUSIVE 
              RIGHT TO ALL AVAILABLE OR UNLICENSED ELECTROMAGNETIC 
              SPECTRUM OVER TRIBAL LANDS.

    Indian Tribes and Native Hawaiian organizations hold rights into 
perpetuity to use and manage all available or unlicensed 
electromagnetic spectrum over Tribal lands.

SEC. 5. ACCESS TO SPECTRUM OVER TRIBAL LANDS.

    (a) Elimination of All Auctions, Tribal Priority Filing Windows, 
Secondary Market Opportunities, and Competitive Bidding for Spectrum 
Over Tribal Lands.--
            (1) Auctions of indian tribes' spectrum licenses and 
        spectrum over tribal lands.--Any spectrum licenses over Tribal 
        lands for any purpose shall not be subject to any Tribal 
        auctions executed by the Commission.
            (2) Tribal priority filing windows.--No licenses over any 
        Tribal lands for the use of spectrum over Tribal lands shall be 
        subject to any Tribal priority filing windows or auctions 
        executed by the Commission.
            (3) Secondary market opportunities.--No spectrum licenses 
        over Tribal lands shall be subject to any secondary market 
        opportunities or post-market opportunities, including license 
        partitioning, spectrum leasing, or assignment to any third 
        party or other entity.
            (4) Competitive bidding.--Spectrum licenses over Tribal 
        lands shall not be subject to competitive bidding under section 
        309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) 
        from the date of the enactment of this Act.
    (b) Establishment of New Contractual Agreements for Tribal 
Spectrum.--
            (1) In general.--At the discretion of an Indian Tribe or 
        Native Hawaiian organization, after the date of the enactment 
        of this Act, new contracts may be established with third-party 
        licensees, qualifying Tribal entities, or other Indian Tribes 
        or Native Hawaiian organizations to assign or lease spectrum 
        over the Indian Tribe's or Native Hawaiian organization's 
        respective Tribal lands.
            (2) Terms and conditions.--At the request of an Indian 
        Tribe, Native Hawaiian organization, or qualifying Tribal 
        entity, the Commission shall ensure that any new contracts 
        entered into from the date of the enactment of this Act must 
        ensure that the Indian Tribe or Native Hawaiian organization 
        retains permanent spectrum rights over the Tribal lands where 
        the spectrum is located. The associated terms and duration of 
        any contract to assign or lease an Indian Tribe's or Native 
        Hawaiian organization's spectrum to a qualifying Tribal entity, 
        third-party licensee, or other Indian Tribe or Native Hawaiian 
        organization must meet the following minimum requirements and 
        conditions to implement a valid contract for spectrum use over 
        Tribal lands:
                    (A) If an agreement is reached, all parties 
                involved must execute a written agreement that sets 
                forth the terms and conditions of the agreement.
                    (B) Fair market value of the spectrum license or 
                deployment of telecommunications or wireless services 
                must be negotiated in good faith.
                    (C) Rates must be calculated subject to inflation 
                costs for the time duration specified under the 
                agreement.
                    (D) Negotiations must be entered into and conducted 
                in good faith, requiring that an Indian Tribe, Native 
                Hawaiian organization, qualifying Tribal entity, or 
                third-party licensee responding to an offer proposed by 
                the requesting party must provide reasons for each 
                rejection of a negotiated offer in writing.
                    (E) The party entering into contract negotiations 
                with the Indian Tribe or Native Hawaiian organization 
                must have the financial capacity to fulfill its 
                requirement to deploy transactional services on the 
                Tribal lands where the spectrum licenses are located 
                and the ability to meet its construction requirements.
            (3) Limitations.--
                    (A) Subleasing.--Any qualifying Tribal entity, 
                Native Hawaiian organization, other Indian Tribe, or 
                third-party licensee who does not receive the written 
                consent from the Indian Tribe or Native Hawaiian 
                organization where the spectrum is geographically 
                located is barred from subleasing, assigning, or 
                subcontracting the spectrum licenses over Tribal lands. 
                If this is breached, such spectrum licenses shall 
                automatically revert to the Indian Tribe or Native 
                Hawaiian organization for new negotiations and the 
                existing contract shall be deemed terminated.
                    (B) Duration.--A contract to assign or lease 
                spectrum licenses to be operated over Tribal lands 
                between the Indian Tribe, Native Hawaiian organization, 
                qualifying Tribal entity, or third-party licensee may 
                not extend past a 5-year time period, after which the 
                Indian Tribe, Native Hawaiian organization, or 
                qualifying Tribal entity may review the negotiated 
                terms with the third-party licensee and choose to 
                either--
                            (i) terminate the contract or assignment of 
                        such spectrum licenses, which shall 
                        automatically revert to the Indian Tribe where 
                        such spectrum licenses are geographically 
                        located;
                            (ii) renegotiate the terms of such contract 
                        with respect to such spectrum licenses over 
                        Tribal lands; or
                            (iii) extend the existing contractual terms 
                        of such spectrum licenses over Tribal lands for 
                        an additional 5 years, or a fair and reasonable 
                        amount of time.
                    (C) Termination.--
                            (i) Reversion.--In the event of premature 
                        termination of a contract for assignment or 
                        lease of spectrum over Tribal lands, the 
                        spectrum licenses shall automatically revert to 
                        the Indian Tribe or Native Hawaiian 
                        organization for new negotiations and the 
                        existing contract shall be deemed terminated.
                            (ii) Penalties.--Penalties for breach of 
                        contractual agreements or premature termination 
                        of a contract shall be enforced by imposing a 
                        fine of 5 percent of the gross amount incurred, 
                        or projected amount to be incurred, from the 
                        negotiated rate of the spectrum licenses by the 
                        breaching party, to be assessed by the 
                        Commission and available as a source of funds 
                        for the Tribal Broadband Fund.
                            (iii) Egregious behavior or lack of good 
                        faith.--If the breaching party participates in 
                        egregious behavior, or a clear showing is made 
                        that a party failed to negotiate contractual 
                        terms in good faith, it shall be subject to a 
                        5-year penalty prohibiting the party from 
                        participating in any contract for spectrum 
                        licenses over Tribal lands, participation in 
                        the Tribal Spectrum Market, or additional 
                        penalties that the Commission sees fit to 
                        protect Indian Tribes' or Native Hawaiian 
                        organizations' telecommunications resources. In 
                        the case of a breaching party that is an Indian 
                        Tribe or Native Hawaiian organization, the 
                        penalty under this clause shall not apply with 
                        respect to spectrum over its Tribal lands of 
                        such Indian Tribe or Native Hawaiian community.
            (4) Additional requirements.--This section is subject to 
        additional requirements or other terms and conditions as the 
        Commission determines necessary to protect the interests of the 
        Indian Tribe and Native Hawaiian community, or as determined 
        necessary through subsequent rulemaking subject to the Tribal 
        consultation requirements under section 8(c).

SEC. 6. EXISTING SPECTRUM LICENSES AND SPECTRUM OVER TRIBAL LANDS.

    (a) Build or Divest Process for Existing Spectrum Licenses and 
Spectrum Over Tribal Lands.--
            (1) Initiation.--An Indian Tribe, Native Hawaiian 
        organization, or qualifying Tribal entity may initiate the 
        build or divest process for an existing third-party licensee 
        that held spectrum license rights for spectrum over Tribal 
        lands of the Indian Tribe or Native Hawaiian organization as of 
        the date of the enactment of this Act in a geographic area 
        where that existing third-party licensee has satisfied the 
        applicable construction requirements for the spectrum licenses 
        over Tribal lands, yet has not built out to the undeveloped, 
        unserved, or underserved Tribal lands within its license area 
        as of the date of the enactment of this Act.
            (2) Process.--The Indian Tribe, Native Hawaiian 
        organization, or qualifying Tribal entity where the spectrum 
        over Tribal lands is located may file a Notice of Intent with 
        the Commission to initiate the build or divest process to 
        expedite reversion of the third-party licensee spectrum license 
        rights over the aforementioned Tribal lands to make available 
        the unused or unneeded license rights to the Indian Tribe, 
        Native Hawaiian organization, or qualifying Tribal entity. The 
        Notice of Intent requires the Commission--
                    (A) to include written notification to the Indian 
                Tribe, Native Hawaiian organization, or qualifying 
                Tribal entity of the date on which third-party 
                licensee's notice of construction permit fulfillment 
                was filed with the Commission demonstrating that the 
                third-party licensee satisfied its final construction 
                requirement for the license where the underserved 
                Tribal lands are located;
                    (B) if the third-party licensee has met applicable 
                construction requirements but Tribal lands within the 
                spectrum license remain unserved or underdeveloped 
                after the Indian Tribe, Native Hawaiian organization, 
                or qualifying Tribal entity files the Notice of Intent, 
                to terminate the third-party licensee's rights over 
                such Tribal lands after a 1-year time period, with such 
                spectrum licenses reverting back to the Indian Tribe or 
                Native Hawaiian organization in perpetuity where the 
                Tribal lands are located; and
                    (C) to permit the third-party licensee to opt out 
                of the build or divest process, after the Indian Tribe, 
                Native Hawaiian organization, or qualifying Tribal 
                entity has filed the Notice of Intent, by partitioning 
                or relinquishing its spectrum license to the 
                Commission, which shall subsequently relicense the 
                spectrum licenses over the Tribal lands in perpetuity 
                to the Indian Tribe, Native Hawaiian organization, or 
                qualifying Tribal entity, pursuant to this Act and the 
                requirements pursuant to the Communications Act of 1934 
                (47 U.S.C. 151 et seq.).
            (3) Construction requirement.--If the existing third-party 
        licensee has not satisfied the applicable construction 
        requirements for the spectrum for which it holds licenses over 
        Tribal lands on the date on which the Indian Tribe, Native 
        Hawaiian organization, or qualifying Tribal entity files the 
        Notice of Intent, the spectrum license rights over Tribal lands 
        where the spectrum is located will automatically be made 
        available to the Indian Tribe or Native Hawaiian organization.
            (4) Expiration.--The license of any third-party licensee 
        that has failed to extend coverage on the underserved Tribal 
        lands from 1 year from the date that the Commission accepted 
        the third-party licensee's notice of construction permit 
        fulfillment to the date of the enactment of this Act shall 
        immediately expire, including all rights to the spectrum 
        licenses. The Commission shall then immediately reassign the 
        spectrum licenses for the Tribal lands so that the licenses 
        shall immediately revert to the Indian Tribe or Native Hawaiian 
        organization where the spectrum is geographically located.
            (5) Additional construction requirements.--The applicable 
        construction requirements above are subject to any additional 
        construction requirements determined by the Commission 
        applicable to Tribal lands after the date of the enactment of 
        this Act.
            (6) Additional considerations.--
                    (A) Expedited process.--
                            (i) In general.--The Commission may make 
                        additional considerations to expedite the build 
                        or divest process prior to the 1-year 
                        expiration period where the geographic coverage 
                        area of the spectrum license on Tribal lands is 
                        under duress to deploy broadband or 
                        telecommunications services or for the purpose 
                        of access to life-saving services, critical 
                        government services, national or State 
                        emergencies, natural disasters, or in other 
                        circumstances where deemed appropriate.
                            (ii) Critical government services, national 
                        emergencies, and natural disasters.--Congress, 
                        Secretary of the Interior, or another executive 
                        branch office or agency that is delegated 
                        authority over Indian affairs or oversees 
                        programs impacting Indian Tribes may also 
                        request that the Commission make additional 
                        considerations to expedite the build or divest 
                        process on Tribal lands where the coverage area 
                        of the spectrum license is under duress to 
                        expedite deployment of services.
                            (iii) Duress.--For purposes of this 
                        subparagraph, a geographic area on Tribal lands 
                        that is considered to be under duress shall 
                        include an area on Tribal lands where there has 
                        been a substantial loss of or existing threat 
                        to human life, the Federal Government or State 
                        government has declared an emergency, a natural 
                        disaster has occurred or will occur, or there 
                        is a need for critical government services.
                    (B) Longer timelines.--Other timelines shall be 
                considered to elongate the timeline to the 1-year 
                expiration period with the consent of the Indian Tribe 
                or Native Hawaiian organization where a longer time 
                period is needed for special geographic or population 
                needs. The Commission shall consider additional 
                timelines on an ad hoc basis through consultation with 
                the Indian Tribe or Native Hawaiian organization over 
                the Tribal lands of which the third-party licensee 
                possesses a valid spectrum license. Considerations of 
                any modified timelines must be made with the written 
                consent of the Indian Tribe or Native Hawaiian 
                organization.
                    (C) Other additional considerations.--Additional 
                considerations may be made by the Commission where 
                existing technical rules are insufficient or 
                circumstances are present to unnecessarily restrict 
                types of services that may be deployed within the 
                Tribal lands with the consent of the Indian Tribe or 
                Native Hawaiian organization.
                    (D) Additional rulemaking proceedings.--The 
                Commission shall, at the request of Indian Tribes or 
                Native Hawaiian organizations, conduct specific 
                rulemaking proceedings where service-specific technical 
                issues arise under this subsection.
    (b) Failure To Negotiate in Good Faith for Existing Spectrum 
Licenses and Spectrum Over Tribal Lands.--
            (1) Opportunity to secure access.--Where third-party 
        spectrum licenses have been authorized and the Indian Tribe, 
        Native Hawaiian organization, or qualifying Tribal entity can 
        show that the third-party licensee entered into negotiations or 
        auctions or secured assignment of an existing spectrum license 
        over Tribal lands in bad faith, the Indian Tribe, Native 
        Hawaiian organization, or qualifying Tribal entity shall have 
        an opportunity to secure the Indian Tribe's or Native Hawaiian 
        organization's access to such spectrum licenses.
            (2) Process.--The Indian Tribe, Native Hawaiian 
        organization, or qualifying Tribal entity where the spectrum is 
        located may file a Notice of Intent with the Commission to 
        initiate the failure to negotiate in good faith exemption 
        process under this subsection to expedite reversion of the 
        spectrum license rights over Tribal lands and make available 
        the spectrum license rights to the Indian Tribe, Native 
        Hawaiian organization, or qualifying Tribal entity over the 
        Tribal lands or Hawaiian Homelands where it is located such 
        spectrum license rights to such Indian Tribe, Native Hawaiian 
        organization, or qualifying Tribal entity.
            (3) Timing.--The Notice of Intent can be filed at any time 
        during the license term, provided that the filing Indian Tribe, 
        Native Hawaiian organization, or qualifying Tribal entity can 
        demonstrate that the third-party licensee failed to negotiate 
        in good faith in previous dealings before the filing of the 
        Notice of Intent.
            (4) Standard.--An Indian Tribe, Native Hawaiian 
        organization, or qualifying Tribal entity may demonstrate the 
        third-party licensee failed to meet the good faith negotiation 
        requirement through the totality of the circumstances standard 
        in presenting the case of the Indian Tribe, Native Hawaiian 
        organization, or qualifying Tribal entity to the Commission. In 
        demonstrating that the third-party licensee negotiated in bad 
        faith, the Commission shall evaluate whether the negotiations 
        were made in good faith through the totality of the 
        circumstances standard.
            (5) Good faith negotiation requirement factors.--The 
        relevant factors to determine whether the third-party licensee 
        failed to negotiate in good faith are to include the following 
        objective elements of negotiation standards:
                    (A) The third-party licensee must have appointed a 
                negotiating representative with authority to bargain on 
                partitioning and spectrum licensing issues.
                    (B) The third-party licensee must have agreed to 
                meet at reasonable times and locations with adequate 
                notice.
                    (C) The third-party licensee must not have acted in 
                a manner that would unduly delay the course of 
                negotiations.
                    (D) The third-party licensee must not have put 
                forth an unreasonable, unilateral proposal or further 
                demonstrated an unwillingness to consider alternative 
                reasonable terms or counterproposals. Bargaining 
                without consideration of reasonable alternatives is 
                inconsistent with an affirmative obligation to 
                negotiate in good faith.
                    (E) The third-party licensee must have showed good 
                faith in negotiations through implementing or 
                concluding action within a reasonable time period with 
                reasonable notice and forum requests that are standard 
                for negotiating practices. This standard is also 
                applicable to any proposed forum requests by either 
                party. Indian Tribes, Native Hawaiian organizations, 
                and qualifying Tribal entities availing themselves of 
                this process can also make a showing that the third-
                party licensee had reasonable notice or understanding 
                that the Indian Tribe, Native Hawaiian organization, or 
                qualifying Tribal entity did not have the financial 
                means to fulfill the third-party licensee's expedited 
                timing or change of forum requests or that extenuating 
                circumstances existed that prohibited reasonable 
                conduct to execute negotiations.
                    (F) The Indian Tribe, Native Hawaiian organization, 
                or qualifying Tribal entity that is responding to an 
                offer proposed by the third-party licensee must also 
                provide reasons and consideration for rejecting aspects 
                of the third-party licensee's offer in writing.
            (6) Additional considerations.--The Commission may make 
        additional considerations for unreasonable behavior or 
        egregious behavior for the totality of the circumstances 
        standard under this subsection to determine whether a party 
        negotiated in bad faith.
    (c) Safe Harbor Exemption for Existing Third-Party Licensees.--
Where a third-party licensee that holds a license to use spectrum over 
Tribal lands and has failed to meet additional construction 
requirements determined by the Commission under section 6(a)(5), a safe 
harbor exemption may apply to the third-party licensee, if such 
licensee has deployed coverage to at least 90 percent of the geographic 
area over the Tribal lands within its license coverage area.

SEC. 7. TRIBAL BROADBAND FUND.

    (a) In General.--The Commission shall establish, as an additional 
universal service support mechanism under section 254 of the 
Communications Act of 1934 (47 U.S.C. 254), a mechanism to be known as 
the ``Tribal Broadband Fund''. The Tribal Broadband Fund shall provide 
a source of funds for networks and infrastructure buildout over Tribal 
lands, including support for infrastructure deployment, ``middle mile'' 
and long haul fiber buildout, adoption of digital literacy on Tribal 
lands, and other related activities to ensure Tribal lands have full 
access to high-speed wireless broadband services and telecommunications 
services and other spectrum use.
    (b) Sources of Funding.--In addition to universal service 
contributions under section 254(d) of the Communications Act of 1934 
(47 U.S.C. 254(d)), the Tribal Broadband Fund shall be funded through 
proceeds from systems of competitive bidding under section 309(j) of 
the Communications Act of 1934 (47 U.S.C. 309(j)) (notwithstanding 
paragraph (8) of such section) and any other accounts or reserve funds 
available to the Commission, in amounts to be determined under 
subsection (e). Should the Commission find that the Commission cannot 
robustly fund the Tribal Broadband Fund from these existing sources, 
the Commission shall undertake a rulemaking proceeding to determine 
whether the imposition of additional universal service contributions is 
necessary to ensure a Tribal Broadband Fund commensurate with the 
funding need, purposes, and implementation determined pursuant to 
subsection (e).
    (c) Prioritization.--Funding allocations shall be prioritized under 
the Tribal Broadband Fund where telecommunications or wireless 
broadband services have been either not deployed or inadequately 
deployed over Tribal lands. This includes ``middle mile'' fiber, 
backhaul costs, and repairs to damaged infrastructure, the cost of the 
repairs to which would be less expensive than the cost of new 
infrastructure.
    (d) Technical Assistance.--The Commission shall provide requested 
technical assistance, training programs, and grants to assist Indian 
Tribes, Native Hawaiian organizations, and qualifying Tribal entities, 
the Director of the Department of Hawaiian Home Lands, inter-Tribal 
government organizations, and universities and colleges with Tribal 
serving institutions for the purpose of immediate deployment of 
telecommunications or wireless broadband services or infrastructure 
development over Tribal lands.
    (e) Rulemaking Proceeding.--
            (1) Consultation.--Not later than 60 days after the date of 
        the enactment of this Act, the Commission shall initiate and 
        complete the rulemaking process with robust, interactive, pre-
        decisional, informative, and transparent consultation with 
        Indian Tribes, Native Hawaiian organizations, and interested 
        qualifying Tribal entities in order for them to obtain free, 
        prior, and informed consent to determine the appropriate 
        funding for the Tribal Broadband Fund from the sources 
        described in subsection (b) (including annual set-asides from 
        each such source for the Tribal Broadband Fund), uses and 
        administration of the Tribal Broadband Fund, and any other 
        issues related to the establishment and implementation of the 
        Tribal Broadband Fund. This will omit any competitive bidding 
        requirements and any unnecessary barriers or limitations on 
        funding for Indian Tribes, Native Hawaiian organizations, and 
        qualifying Tribal entities to expedite the immediate deployment 
        of current generation or better terrestrial and wireless 
        broadband services, where none are available or need to be 
        updated or built out for the use of critical government 
        services, national emergencies, natural disasters, or life-
        saving services.
            (2) Advisory agency memorandum.--Not later than 6 months 
        after the date of the enactment of this Act, the Commission 
        shall provide Indian Tribes, Native Hawaiian organizations, and 
        interested qualifying Tribal entities with an advisory agency 
        memorandum on the issues addressed in paragraph (1). Such 
        memorandum shall clearly outline the comment process and 
        timeline for responses.
            (3) Notice of proposed rulemaking.--Not later than 12 
        months after the date of the enactment of this Act, the 
        Commission shall release a Notice of Proposed Rulemaking, as 
        described in paragraph (2).
            (4) Final order.--Not later than 18 months after the date 
        of the enactment of this Act, the Commission shall release a 
        final order, adopting rules and policies associated with the 
        establishment, implementation, and administration of the 
        Commission's permanent Tribal Broadband Fund.
    (f) Rule of Construction.--Nothing in this section shall be 
construed to limit Indian Tribes, Native Hawaiian organizations, or 
qualifying Tribal entities from accessing existing or additional 
funding through the Commission or any other Federal agency.

SEC. 8. DIRECTING THE COMMISSION TO ENGAGE IN RULEMAKING PROCEEDINGS 
              FOR BROADBAND DEVELOPMENT ON TRIBAL LANDS.

    (a) Purpose.--The purpose of this section is to require the 
Commission to initiate and complete separate rulemaking proceedings 
under subsections (c), (d), and (e) to provide additional clarification 
for the deployment and buildout of telecommunications, broadband, and 
wireless services and other full use of spectrum over Tribal lands and 
Hawaiian Homelands, including existing reservations, landless Indian 
Tribes, noncontiguous land holdings, uniquely situated Indian Tribes, 
and Hawaiian Home Lands.
    (b) Timing.--For each of the rulemakings listed under subsections 
(c), (d), and (e), the Commission shall initiate or complete each step 
according to the following timeline:
            (1) Consultation.--Consultation shall be initiated not 
        later than 6 months after the date of the enactment of this 
        Act.
            (2) Advisory agency memoranda.--Advisory agency memoranda 
        shall be issued not later than 12 months after the date of the 
        enactment of this Act.
            (3) Notices of proposed rulemaking.--Notices of Proposed 
        Rulemaking shall be issued not later than 18 months after the 
        date of the enactment of this Act.
            (4) Final rules.--Orders promulgating final rules shall be 
        issued not later than 24 months after the date of the enactment 
        of this Act.
    (c) Tribal Consultation and Engagement.--
            (1) In general.--The Commission shall initiate and complete 
        a rulemaking proceeding to best determine how to conduct 
        robust, interactive, pre-decisional, informative, and 
        transparent consultation with Indian Tribes and Native Hawaiian 
        organizations in order to obtain free, prior, and informed 
        consent prior to the approval of, and before adopting 
        administrative measures that affect Tribal lands, or other 
        associated Tribal resources. Prior to initiating such 
        proceeding, the Commission shall also engage with the FCC 
        Native Nations Communications Task Force, qualifying Tribal 
        entities, Native-owned telecommunications providers, and Tribal 
        organizations with telecommunications expertise.
            (2) Primary goal.--The primary goal of the rulemaking under 
        paragraph (1) shall be to determine how the Commission can best 
        establish a binding agency policy for Tribal consultation for 
        policy development and agency action to provide proper notice 
        and guidance, introduce mapping tools, provide robust outreach, 
        and make government-to-government training accessible to Indian 
        Tribes and Native Hawaiian organizations to preserve and 
        develop spectrum rights and spectrum access over Tribal lands, 
        and to expedite the immediate deployment of wireless broadband 
        services, other wireless services, or other full use of 
        spectrum over Tribal lands for critical government services, 
        national emergencies, natural disasters, or life-saving 
        services.
            (3) Additional consultation.--In conducting the rulemaking 
        under paragraph (1), the Commission shall engage with Native 
        Hawaiian organizations, and appropriate authorities of the 
        State of Hawaii, to identify and designate potential existing 
        entities within the State government of Hawaii, and the Native 
        Hawaiian organizations or the community, for standing as 
        licensable entities for the purpose of spectrum licensing 
        rights and spectrum over the Hawaiian Home Lands.
            (4) Notice.--The Commission's Tribal consultation meetings 
        shall be made open to the public and subject to reasonable and 
        timely notice published in the Federal Register, and through 
        other appropriate public methods, not later than 30 days prior 
        to the scheduled meeting. The Commission shall make additional 
        considerations for adequate notification to Indian Tribes, 
        Native Hawaiian organizations, and interested qualifying Tribal 
        entities, that lack telecommunications services on Tribal 
        lands.
            (5) Additional consultation and notice.--Open and public 
        Tribal consultation and appropriate notice and outreach to 
        Indian Tribes, Native Hawaiian organizations, and interested 
        qualifying Tribal entities shall be presented during each of 
        the additional rulemakings prescribed in this section. The 
        Commission shall conduct each such additional rulemaking in 
        accordance with the rules for consultation issued by the 
        Commission in the rulemaking under paragraph (1) of this 
        subsection.
    (d) Tribal Economic Development.--
            (1) Available funding opportunities.--
                    (A) In general.--The Commission shall initiate and 
                complete a rulemaking proceeding to streamline 
                applications to expedite funding (including through the 
                Commission's funding opportunities and other funding 
                opportunities that may be available through other 
                agencies) on Tribal lands for buildout of 
                telecommunications, broadband, and wireless services, 
                or other full use of spectrum or infrastructure 
                development over Tribal lands for critical government 
                services and national emergencies.
                    (B) ONAP federal funding director.--In the 
                rulemaking under subparagraph (A), the Commission shall 
                establish within the Office of Native Affairs and 
                Policy (ONAP) of the Commission the position of Federal 
                Funding Director. The Director shall have the following 
                duties:
                            (i) To coordinate with Indian Tribes, 
                        Native Hawaiian organizations, and interested 
                        qualifying Tribal entities to access the 
                        Commission's funding opportunities, or other 
                        funding opportunities that may be available 
                        through other agencies, and assist with the 
                        application processes for the Tribal Broadband 
                        Fund and other universal service support 
                        mechanisms.
                            (ii) To coordinate with other Federal 
                        agencies that provide telecommunications and 
                        infrastructure funding to Indian Tribes, Native 
                        Hawaiian organizations, or interested 
                        qualifying Tribal entities to assist with 
                        expedited wireless broadband service and other 
                        telecommunications deployment over Tribal 
                        lands.
            (2) New tribal spectrum market.--
                    (A) In general.--The Commission shall initiate and 
                complete a rulemaking proceeding to establish a new 
                Tribal Spectrum Market. Such market shall be an 
                optional forum solely for the participation of Indian 
                Tribes, qualifying Tribal entities, and Native Hawaiian 
                organizations to engage with other Indian Tribes, 
                qualifying Tribal entities, and Native Hawaiian 
                organizations for leasing and assignment opportunities 
                for the purpose of economic and business development on 
                Tribal lands for participants who choose to 
                participate. Participation in such market shall not 
                disallow Indian Tribes, Native Hawaiian organizations, 
                or qualifying Tribal entities from participating in any 
                other auction forum, or hinder their participation in 
                secondary markets.
                    (B) Purpose.--In furtherance of the Federal trust 
                responsibility, Tribal self-governance, and to develop 
                robust economic resources on Tribal lands, the 
                Commission shall make all unwanted spectrum over Tribal 
                lands available to other Indian Tribes, Native Hawaiian 
                organizations, and qualifying Tribal entities through 
                the Tribal Spectrum Market and notify other Indian 
                Tribes, Native Hawaiian organizations, and interested 
                qualifying Tribal entities identified under subsection 
                (c) through adequate notification processes established 
                under this Act. Participants identified under this 
                subsection must provide written consent to the 
                Commission to make their unwanted spectrum over Tribal 
                lands available to other Indian Tribes, Native Hawaiian 
                organizations, or qualifying Tribal entities through 
                the Tribal Spectrum Market.
                    (C) Limitations.--Participants that are not 
                identified under subsection (d)(2)(B) above shall not 
                be eligible to participate in the Tribal Spectrum 
                Market.
    (e) Undefined Areas for Development and Deployment of Tribal 
Broadband, Wireless Services, and Spectrum.--
            (1) Areas of tribal interests and non-geographically 
        defined areas.--The Commission shall initiate and complete a 
        rulemaking proceeding to address unique land status on Tribal 
        lands and associated undefined geographic areas of interest, 
        including--
                    (A) spectrum that is not geographically defined due 
                to spectrum propagation characteristics; and
                    (B) with respect to the build or divest process 
                under section 6(a), questions over control of 
                meteorological spectrum licenses over Tribal lands.
            (2) Primary tribal areas of interest.--The Commission shall 
        initiate and complete a rulemaking proceeding to create 
        licensing areas for Indian Tribes, Native Hawaiian 
        organizations, and qualifying Tribal entities to provide 
        spectrum licenses covering areas that are primary Tribal areas 
        of interest, including noncontiguous land holdings, small or 
        uniquely situated Indian Tribes, and undefined Tribal lands or 
        undefined Hawaiian Home Lands. Such proceeding shall also 
        address deployment of digital services and other full use of 
        spectrum over Tribal lands, including spectrum development, 
        infrastructure, and deployment of wireless broadband service 
        and other wireless services for landless Indian Tribes or 
        Native Hawaiian communities.
            (3) Interrelationship of spectrum usage on tribal lands and 
        contiguous areas.--The Commission shall initiate and complete a 
        rulemaking proceeding to review the interrelationship between 
        spectrum usage on Tribal lands and spectrum usage in areas 
        contiguous to Tribal lands, including--
                    (A) Indian Tribes', Native Hawaiian organizations', 
                and qualifying Tribal entities' ability to make 
                wireless services available to Tribal members who 
                reside in areas just outside the boundaries of Tribal 
                lands; and
                    (B) interference issues with neighboring licenses.
            (4) Military, national security, and international laws for 
        spectrum management and coordination.--The Commission shall, in 
        consultation with the Secretary of Defense and the Secretary of 
        Commerce, initiate and complete a rulemaking proceeding to 
        develop a nationwide framework for spectrum management and 
        coordination that--
                    (A) addresses--
                            (i) the relationship of spectrum over 
                        Tribal lands to spectrum used by the Federal 
                        Government, including the Department of 
                        Defense; and
                            (ii) the relationship of spectrum over 
                        Tribal lands to international laws and 
                        negotiations relating to the use of spectrum, 
                        including international exclusion zones; and
                    (B) provides for the requirements of this Act 
                relating to spectrum over Tribal lands to be 
                administered pursuant to existing policies and 
                procedures for spectrum management and coordination.
            (5) New buildout requirements for existing license 
        holders.--In carrying out section 6(a) (relating to the build 
        or divest process), the Commission shall do the following:
                    (A) Additional construction requirements for large 
                or remote tribal lands.--Where an existing third-party 
                licensee has satisfied the applicable construction 
                requirements for a license over Tribal lands, yet the 
                area that the license covers remains underserved, the 
                Commission shall initiate and complete a rulemaking 
                proceeding to determine an additional construction 
                requirement for the Tribal lands of large, land-based 
                Indian Tribes to expedite service and immediate 
                broadband and telecommunications deployment or other 
                full use of spectrum over Tribal lands.
                    (B) Additional timeline considerations.--Subject to 
                section 6(a), the Commission shall consider additional 
                timelines on an ad hoc basis through Tribal 
                consultation with the Indian Tribe or Native Hawaiian 
                organization in which the third-party licensee 
                possesses a valid spectrum license over Tribal lands. 
                Considerations of any modified timelines must be made 
                with the adequate consent of the Indian Tribe or Native 
                Hawaiian organization.
            (6) Specific bands of available spectrum over tribal 
        lands.--
                    (A) In general.--The Commission shall initiate and 
                complete a rulemaking proceeding to identify the 
                licensed and unlicensed spectrum bands that are 
                available for deployment of services over Tribal lands 
                as defined under this Act, including existing 
                reservations, landless Indian Tribes, noncontiguous 
                land holdings, uniquely situated Indian Tribes, and the 
                Hawaiian Home Lands.
                    (B) Requirements.--In carrying out subparagraph 
                (A), the Commission shall--
                            (i) hold field hearings initiated with 
                        adequate notice;
                            (ii) establish and make public specific 
                        processes to identify available spectrum bands 
                        over Tribal lands; and
                            (iii) submit an analytical report to 
                        Congress to be made available to Indian Tribes, 
                        Native Hawaiian organizations, and associated 
                        Tribal entities identified under subsection 
                        (c)(1).
            (7) Additional revision and buildout requirements to 
        expedite deployment of wireless services.--
                    (A) In general.--The Commission shall initiate and 
                complete a rulemaking proceeding to establish expedited 
                buildout requirements for existing third-party 
                licensees that hold a license over Tribal lands. These 
                new buildout requirements shall preempt buildout 
                requirements established before the date of the 
                enactment of this Act.
                    (B) Purposes.--The purpose of the establishment of 
                these new buildout requirements is not intended to 
                revoke spectrum licenses from third-party licensees, 
                but to ensure that development of telecommunications 
                networks or other full use of spectrum over Tribal 
                lands is expedited to deploy critical government 
                services, provide access to life-saving resources, and 
                establish currently nonexistent communication for 
                national emergencies over Tribal lands to match the 
                average coverage rates for fixed broadband services on 
                non-Tribal lands or the nearest metropolitan area.
            (8) Development of rights-of-way and broadband 
        deployment.--
                    (A) In general.--In strict compliance with Tribal 
                consultation and notice procedures established under 
                subsection (c), the Commission shall, in conjunction 
                with the Secretary of the Interior or the heads of 
                other participating Federal agencies, initiate and 
                complete a rulemaking proceeding to issue nonbinding, 
                model regulations for grants of rights-of-way over 
                Tribal lands for the potential development of 
                telecommunications infrastructure. If the Commission, 
                the Secretary of the Interior, or the head of another 
                participating Federal agency initiates and completes an 
                aforementioned rulemaking proceeding without pre-
                decisional, informative, and transparent Tribal 
                consultation, as specified under subsection (c), it 
                shall be invalid guidance considered nonbinding 
                precedent on any subsequent decisions.
                    (B) Issue areas to be included.--Any model 
                regulations issued under subparagraph (A) shall include 
                analysis of right-of-way buildout proposals and 
                broadband deployment generally as it relates to Indian 
                Tribes, Native Hawaiian organizations or communities, 
                and Tribal lands, including the following:
                            (i) Permitting and review process 
                        generally, including land use permitting and 
                        facilities siting.
                            (ii) Review processes and robust, 
                        interactive guidelines in compliance with the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.), including small-cell 
                        infrastructure.
                            (iii) Review processes and guidelines in 
                        compliance with division A of subtitle III of 
                        title 54, United States Code (formerly known as 
                        the ``National Historic Preservation Act'' (16 
                        U.S.C. 470 et seq.)), including small-cell 
                        infrastructure.
                            (iv) Potential damage to sacred sites and 
                        heritage sites on or near Tribal lands.
                            (v) Additional considerations and analysis 
                        for Indian Tribes, Native Hawaiian 
                        organizations, and Tribal lands with respect to 
                        the impacts of expedited permitting decisions 
                        and buildout requirements for broadband 
                        projects or other future development of 
                        telecommunications infrastructure or spectrum 
                        development over Tribal lands and deployment of 
                        new generation networks, with an emphasis on 5G 
                        networks generally.
                            (vi) Procedural proposals on how to best 
                        establish robust Tribal consultation between 
                        Indian Tribes and Native Hawaiian organizations 
                        and the Commission, and other associated 
                        Federal agencies, for the development of 
                        optional rights-of-way for broadband 
                        deployment, spectrum use or development, or 
                        telecommunications infrastructure.

SEC. 9. TECHNICAL ASSISTANCE FOR SPECTRUM MANAGEMENT, CONTRACTUAL 
              AGREEMENTS, AND PROCEDURAL REQUIREMENTS.

    (a) Spectrum Management.--At the request of an Indian Tribe, Native 
Hawaiian organization, or qualifying Tribal entity, the Commission, 
acting through the Office of Native Affairs and Policy, shall provide 
technical assistance and guidance for the most efficient and effective 
use of spectrum and spectrum management for the benefit of the Indian 
Tribe, Native Hawaiian organization, or qualifying Tribal entity that 
submitted the request, including deployment of wireless services or 
other full use of spectrum over Tribal lands. This technical assistance 
and guidance shall include the following:
            (1) Best practices for Indian Tribes, Native Hawaiian 
        organizations, and qualifying Tribal entities to secure access 
        to spectrum and manage spectrum.
            (2) How to best expedite the immediate deployment of 
        broadband and telecommunications services or other full use of 
        spectrum over Tribal lands, including support for--
                    (A) infrastructure development, fiber buildout, 
                adoption of digital literacy on Tribal lands, and other 
                related activities to ensure Indian Tribes and Native 
                Hawaiian organizations have full access to resources 
                for robust deployment of broadband and 
                telecommunications services or other full use of 
                spectrum over Tribal lands;
                    (B) assistance for procedures enumerated under 
                sections 5, 6, and 7; and
                    (C) participation in the Tribal Spectrum Market and 
                other spectrum programs managed by the Commission.
            (3) Coordination with other Federal agencies for activities 
        related to Tribal spectrum management, deployment of wireless 
        services, infrastructure development, or other full use of 
        spectrum over Tribal lands, or related activities, including 
        coordinating with all applicable agencies with available 
        Federal funding opportunities for which Indian Tribes, Native 
        Hawaiian organizations, and qualifying Tribal entities are 
        eligible to apply to further support deployment of broadband on 
        Tribal lands.
    (b) Contractual Agreements and Notice of Intent Requirements.--The 
Commission, acting through the Office of Native Affairs and Policy, 
shall provide technical assistance and guidance to the Indian Tribe, 
Native Hawaiian organization, and qualifying Tribal entity that 
submitted the request on the activities under this Act, including, but 
not limited to--
            (1) contractual negotiations to assign or lease spectrum to 
        other Indian Tribes, Native Hawaiian organizations, qualifying 
        Tribal entities, or third-party licensees, including general 
        information relating to activities under section 5(b) 
        (including the fair market value of spectrum licenses, 
        deployment of telecommunications services, and penalties under 
        paragraph (3)(C)(ii) of such section) and participation in the 
        Tribal Spectrum Market; and
            (2) filing a Notice of Intent and associated procedures and 
        timelines specified under section 6.
    (c) Wireless Broadband Deployment and Adoption.--
            (1) In general.--The Commission shall, acting through the 
        Office of Native Affairs and Policy and at the request of an 
        Indian Tribe, Native Hawaiian organization, or qualifying 
        Tribal entity, provide technical assistance to apply for and 
        participate in the Tribal Broadband Fund, other universal 
        service support mechanisms, and the Tribal Spectrum Market. 
        Requests under this paragraph from Indian Tribes, Native 
        Hawaiian organizations, and qualifying Tribal entities shall 
        receive priority where telecommunications or wireless broadband 
        services on Tribal lands have either not been deployed or have 
        been inadequately deployed. This includes assistance for 
        associated backhaul, repairs to damaged infrastructure, or new 
        infrastructure to deploy wireless broadband service.
            (2) Additional technical assistance.--In addition to the 
        technical assistance provided under paragraph (1), the 
        Commission shall provide further technical assistance that 
        includes training programs and grant assistance to Indian 
        Tribes, Native Hawaiian organizations, qualifying Tribal 
        entities, the Director of the Department of Hawaiian Home 
        Lands, inter-Tribal government organizations, and universities 
        and colleges with Tribal serving institutions for the purpose 
        of immediate deployment of telecommunications or wireless 
        broadband services, infrastructure development over Tribal 
        lands, and related activities identified under this Act.
    (d) Department of the Interior, Department of Commerce, and 
Commission.--The Secretary of the Interior, the Secretary of Commerce, 
and the Commission shall provide technical assistance to Indian Tribes, 
Native Hawaiian organizations, and qualifying Tribal entities (and, if 
located on Tribal lands, to schools, libraries, health care facilities, 
public safety entities, Tribal chapter houses, community centers, 
government buildings of an Indian Tribe, and locations where Tribal, 
State, and Federal elections and census activities are carried out) to 
resolve barriers to the deployment and adoption of wireless broadband 
service and other services provided using spectrum, including--
            (1) classes or other education related to computer 
        literacy;
            (2) acquisition of computers and related hardware and 
        software;
            (3) use of wireless broadband service and computers for 
        public safety and emergency communications services and 
        interoperability;
            (4) use of spectrum and wireless broadband service and 
        computers where Tribal, State, and Federal elections and census 
        activities are carried out;
            (5) use of spectrum and wireless broadband service and 
        computers to respond to public emergencies, including health 
        and biohazard threats and natural disasters; and
            (6) such other areas as the Commission, or relevant Federal 
        agencies that have a role conducting activities on Tribal 
        lands, determines to be advisable to increase the deployment 
        and adoption of wireless broadband service and other services 
        provided using spectrum on Tribal lands, or where an Indian 
        Tribe, Native Hawaiian organization, or qualifying Tribal 
        entity holds a valid and active spectrum license.
    (e) Additional Requirements.--Nothing under this section should 
limit or supersede the Commission's, or other Federal agencies', 
existing responsibilities or engagement with Indian Tribes, Native 
Hawaiian organizations or communities, and qualifying Tribal entities.

SEC. 10. ANNUAL REPORTING REQUIREMENTS.

    (a) Annual Report.--Not later than 18 months after the date of the 
enactment of this Act, and annually thereafter, the Commission shall 
submit to Congress and the Federal agencies specified in subsection (b) 
both a report on the deployment of broadband and a spectrum license 
inventory over Tribal lands that include the following information:
            (1) The Commission's work with Indian Tribes, Native 
        Hawaiian organizations, qualifying Tribal entities, and 
        associated Tribal organizations, including spectrum-related 
        matters, and efforts to bolster Tribal outreach through 
        individual consultation, funding access, expansion of access to 
        broadband or other full use of spectrum over Tribal lands, 
        activities executed through the Office of Native Affairs and 
        Policy, rulemakings that have been executed related to such 
        matters under this Act, and general updates.
            (2) The Commission's data collection on whether spectrum 
        license and auction applicants and existing spectrum license 
        holders over Tribal lands are either Indian Tribes, Native 
        Hawaiian organizations, qualifying Tribal entities, or third-
        party licensees. The Commission shall implement a requirement 
        to record the ownership classification of all future spectrum 
        licenses and new agreements established under section 5(b).
            (3) A verification that the Commission has provided 
        information about assigned and unassigned licenses and license 
        holders to the Indian Tribe, Native Hawaiian organization, or 
        qualifying Tribal entity where the licenses are geographically 
        located, including a detailed description of the licenses, 
        license holders, and the Indian Tribe, Native Hawaiian 
        organization, or qualifying Tribal entity to which the 
        information was provided.
            (4) Verification that the Commission has made contact 
        information easily accessible for Indian Tribes, Native 
        Hawaiian organizations, and qualifying Tribal entities about 
        participation in any opportunities to operate spectrum licenses 
        over Tribal lands, secondary market opportunities, and the 
        respective processes.
            (5) Geographic locations on Tribal lands where broadband or 
        wireless telecommunications services have not been built out or 
        deployed.
            (6) Recommendations on how the Commission will support 
        Indian Tribes, Native Hawaiian organizations, and qualifying 
        Tribal entities to obtain spectrum licenses and further deploy 
        broadband connectivity and other wireless telecommunications 
        services over Tribal lands where networks have not been 
        developed.
            (7) Publication of available Federal funding across all 
        agencies for which Indian Tribes, Native Hawaiian 
        organizations, and qualifying Tribal entities are eligible to 
        apply to further support deployment of broadband and 
        telecommunications services on Tribal lands.
    (b) Submission of Recommendations.--Not later than 18 months after 
the date of the enactment of this Act, the Commission shall make 
publicly available and submit all annual reporting and recommendations 
developed under subsection (a) to--
            (1) Indian Tribes, Department of Hawaiian Home Lands, and 
        Native Hawaiian organizations;
            (2) the Department of the Interior;
            (3) the Committee on Indian Affairs of the Senate;
            (4) the Committee on Natural Resources of the House of 
        Representatives;
            (5) the Committee on Commerce, Science, and Transportation 
        of the Senate;
            (6) the Committee on Energy and Commerce of the House of 
        Representatives;
            (7) the FCC Native Nations Communications Task Force;
            (8) Tribal organizations with telecommunications expertise; 
        and
            (9) requesting qualifying Tribal entities.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Advisory agency memorandum.--The term ``advisory agency 
        memorandum'' means documentation to be produced by the 
        Commission after each Tribal consultation, prior to the 
        development of Commission policy, or execution of Commission 
        action that impacts Tribal interests or Tribal lands. The 
        purpose of such documentation is to make available to the 
        public documentation of the proactive measures of the 
        Commission to provide proper notice and guidance, introduce 
        policy proposals, provide robust outreach, and make government-
        to-government training and communication accessible to Indian 
        Tribes, Department of Hawaiian Home Lands, and interested 
        Native Hawaiian organizations to preserve existing Tribal 
        resources and further develop Tribal interests on Federal lands 
        in furtherance of the trust responsibility. Such documentation 
        shall establish the scope, purpose, timelines, relevant Bureaus 
        and Offices of the Commission, and relevant Commission actor 
        for each Tribal consultation. Such documentation shall include 
        the method for disseminating information to the public, and the 
        dates and method of outreach to the relevant Indian Tribes, 
        Native Hawaiian organizations, and interested qualifying Tribal 
        entities.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Critical government service.--The term ``critical 
        government service'' means any service provided by an Indian 
        Tribe or Native Hawaiian organization, or Department of 
        Hawaiian Home Lands, or through an extension or qualifying 
        Tribal entity of an Indian Tribe, that is used to--
                    (A) preserve or protect Tribal self-governance;
                    (B) control internal relations;
                    (C) create economic development and the opportunity 
                for residents of Tribal lands, Indian Tribes, Native 
                Hawaiian organizations, and qualifying Tribal entities 
                to engage in the broadband economy, telecommunications 
                markets, and future development of spectrum;
                    (D) regulate Tribal lands and internal domestic 
                relations; or
                    (E) manage governmental services, buildings, or 
                emergency response, including--
                            (i) response to national emergencies or 
                        biohazard threats;
                            (ii) public safety;
                            (iii) education;
                            (iv) healthcare services and data;
                            (v) development of natural resources;
                            (vi) postal services;
                            (vii) Tribal buildings (including 
                        libraries, Tribal chapter houses, long houses, 
                        senior centers, community centers, and other 
                        similar government buildings of an Indian Tribe 
                        or Native Hawaiian organization with community 
                        purpose);
                            (viii) cultural and language preservation;
                            (ix) voting and services relating to voting 
                        in Tribal, State, and Federal elections;
                            (x) services relating to the Federal census 
                        count, for the general welfare and 
                        sustainability of its Tribal lands or 
                        membership, and realization of full autonomy of 
                        resource management and economic development, 
                        activity, and opportunity; or
                            (xi) additional essential governmental 
                        services, including infrastructure and economic 
                        development, that provide support to an Indian 
                        Tribe's programs and services.
            (4) Digital literacy.--The term ``digital literacy'' means 
        information and communications for the purpose of developing 
        support for technological deployment and understanding of 
        issues including infrastructure deployment, fiber buildout, 
        network connectivity, spectrum market opportunities, associated 
        Commission programs and funding opportunities, and other 
        related resources to expedite the immediate deployment and full 
        access to telecommunications, broadband, spectrum, and wireless 
        services available for effective and efficient use on Tribal 
        lands.
            (5) Hawaiian home lands.--The term ``Hawaiian Home Lands'' 
        means lands held in trust for Native Hawaiians by Hawaii 
        pursuant to the Hawaiian Homes Commission Act, 1920.
            (6) Indian tribe.--The term ``Indian Tribe'' means the 
        governing body of any individually identified and federally 
        recognized Indian or Alaska Native Tribe, band, nation, pueblo, 
        village, community, affiliated Tribal group, or component 
        reservation in the list published pursuant to section 104(a) of 
        the Federally Recognized Indian Tribe List Act of 1994 (25 
        U.S.C. 5131(a)).
            (7) Native hawaiian organization.--The term ``Native 
        Hawaiian organization''--
                    (A) means any organization--
                            (i) that serves the best interests of 
                        Native Hawaiians;
                            (ii) in which Native Hawaiians serve in 
                        substantive and policymaking positions;
                            (iii) that has as a primary and stated 
                        purpose the provision of services to Native 
                        Hawaiians;
                            (iv) that is recognized for having 
                        expertise in Native Hawaiian affairs, including 
                        digital connectivity and broadband access; and
                            (v) that administers land applicable under 
                        paragraph (13); and
                    (B) includes the Department of Hawaiian Home Lands.
            (8) Qualifying tribal entity.--The term ``qualifying Tribal 
        entity'' means an entity designated by the Indian Tribe with 
        jurisdiction over particular Tribal lands for which the 
        spectrum access is sought. The following may be designated as a 
        ``qualifying Tribal entity'':
                    (A) Indian Tribes.
                    (B) Tribal consortia which consists of two or more 
                Indian Tribes; or an Indian Tribe and an entity that is 
                more than 50 percent owned and controlled by one or 
                more Indian Tribes.
                    (C) Federally chartered Tribal corporations created 
                under section 17 of the Indian Reorganization Act (25 
                U.S.C. 5124), and created under section 4 of the 
                Oklahoma Indian Welfare Act (25 U.S.C. 5204).
                    (D) Entities that are more than 50 percent owned 
                and controlled by an Indian Tribe or Indian Tribes.
            (9) Entity that is more than 50 percent owned and 
        controlled by one or more indian tribes.--The term ``entity 
        that is more than 50 percent owned and controlled by one or 
        more Indian Tribes'' means an entity over which one or more 
        Indian Tribes have both de facto and de jure control of the 
        entity. De jure control of the entity is evidenced by ownership 
        of greater than 50 percent of the voting stock of a 
        corporation, or in the case of a partnership, general 
        partnership interests. De facto control of an entity is 
        determined on a case-by-case basis. An Indian Tribe or Indian 
        Tribes must demonstrate indicia of control to establish that 
        such Indian Tribe or Indian Tribes retain de facto control of 
        the applicant seeking eligibility as a ``qualifying Tribal 
        entity'', including the following:
                    (A) The Indian Tribe or Indian Tribes constitute or 
                appoint more than 50 percent of the board of directors 
                or management committee of the entity.
                    (B) The Indian Tribe or Indian Tribes have 
                authority to appoint, promote, demote, and fire senior 
                executives who control the day-to-day activities of the 
                entity.
                    (C) The Indian Tribe or Indian Tribes play an 
                integral role in the management decisions of the 
                entity.
                    (D) The Indian Tribe or Indian Tribes have the 
                authority to make decisions or otherwise engage in 
                practices or activities that determine or significantly 
                influence--
                            (i) the nature or types of services offered 
                        by such an entity;
                            (ii) the terms upon which such services are 
                        offered; or
                            (iii) the prices charged for such services.
            (10) Spectrum over tribal lands.--The term ``spectrum over 
        Tribal lands'' means all spectrum on Tribal lands, including 
        wireless, radio, television, broadcast, commercial and 
        noncommercial uses, and current generation or better wireless 
        broadband services.
            (11) Third-party licensee.--The term ``third-party 
        licensee'' means a third party or qualifying Tribal entity that 
        possesses valid spectrum license rights over Tribal lands, or 
        an eligible third-party licensee that an Indian Tribe or Native 
        Hawaiian organization chooses to negotiate spectrum licenses 
        for telecommunications services for the agreed-upon time period 
        of the license contract on the specified geographic area on 
        Tribal lands where it must meet its construction obligation or 
        requirements.
            (12) Tribal broadband fund.--The term ``Tribal Broadband 
        Fund'' means the additional universal service support mechanism 
        established by the Commission under section 7 to provide 
        Federal funding to Indian Tribes, Native Hawaiian 
        organizations, and qualifying Tribal entities from universal 
        service contributions, auctions proceeds, or any other accounts 
        or reserve funds available to the Commission, for the purpose 
        of providing a source of support for infrastructure deployment, 
        ``middle mile'' and long haul fiber buildout, adoption of 
        digital literacy, and other related resources to expedite the 
        immediate deployment of and full access to telecommunications, 
        broadband, spectrum use and future development, wireless 
        services (including wireless broadband service), and other 
        purposes specified under section 7 for effective and efficient 
        use on Tribal lands.
            (13) Tribal lands.--The term ``Tribal lands'' has the 
        meaning given that term in section 73.7000 of title 47, Code of 
        Federal Regulations, as of April 16, 2020, and includes the 
        definition ``Indian Country'' as defined in section 1151 of 
        title 18, United States Code, and includes fee simple and 
        restricted fee land held by an Indian Tribe. This term also 
        includes the definition ``Hawaiian Home Lands'' as defined 
        under paragraph (5).
            (14) Wireless broadband service.--The term ``wireless 
        broadband service'' means wireless broadband internet access 
        service that is delivered--
                    (A) with a download speed of not less than 25 
                megabits per second and an upload speed of not less 
                than 3 megabits per second; and
                    (B) through--
                            (i) mobile service;
                            (ii) fixed point-to-point multipoint 
                        service;
                            (iii) fixed point-to-point service; or
                            (iv) broadcast service.
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