Bridging the Tribal Digital Divide Act of 2020
This bill establishes an interagency coordination program for tribal access to broadband service and further expands broadband access on tribal land, including by setting aside certain funds for its deployment and establishing a pilot program for tribes to grant rights-of-way for the construction, maintenance, and facilitation of broadband service on their land.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3264 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3264
To expedite and streamline the deployment of affordable broadband
service on Tribal land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2020
Mr. Udall (for himself, Ms. Cantwell, and Mr. Heinrich) introduced the
following bill; which was read twice and referred to the Committee on
Indian Affairs
_______________________________________________________________________
A BILL
To expedite and streamline the deployment of affordable broadband
service on Tribal land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bridging the
Tribal Digital Divide Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTERAGENCY COORDINATION PROGRAM
Sec. 101. Purpose.
Sec. 102. Interagency working group.
Sec. 103. Tribal broadband deployment plan.
Sec. 104. Streamlined applications for support.
Sec. 105. Tribal Broadband Deployment Advisory Committee.
TITLE II--TRIBAL SET-ASIDE
Sec. 201. Rural Utilities Service.
Sec. 202. Universal Service Fund.
TITLE III--UNIVERSAL SERVICE ON TRIBAL LAND
Sec. 301. Universal service on Tribal land.
TITLE IV--TRIBAL BROADBAND FACTOR
Sec. 401. Tribal broadband factor.
TITLE V--BROADBAND RIGHTS-OF-WAY
Sec. 501. Pilot program for Tribal grant of rights-of-way for broadband
facilities.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Rural Utilities Service.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) Broadband; broadband service.--The term ``broadband''
or ``broadband service'' has the meaning given the term
``broadband internet access service'' in section 8.1 of title
47, Code of Federal Regulations, or any successor regulation.
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 3 of the Communications Act
of 1934 (47 U.S.C. 153), as amended by section 301 of this Act.
(6) Tribal broadband benchmark.--The term ``Tribal
broadband benchmark'' means the minimum acceptable level of
broadband service on Tribal land, which shall consist of--
(A) speed that is not slower than the speed
required for the service to qualify as an advanced
telecommunications capability, as that term is defined
in section 706(d) of the Telecommunications Act of 1996
(47 U.S.C. 1302(d)), as of the date on which that speed
is measured; and
(B) network round trip latency that is at or below
100 milliseconds for not less than 95 percent of all
peak period measurements of network round trip latency.
(7) Tribal entity.--The term ``Tribal entity'' has the
meaning given the term in section 3 of the Communications Act
of 1934 (47 U.S.C. 153), as amended by section 301 of this Act.
(8) Tribal government.--The term ``Tribal government''
means the governing body of a Tribal entity.
(9) Tribal land.--The term ``Tribal land'' has the meaning
given the term in section 3 of the Communications Act of 1934
(47 U.S.C. 153), as amended by section 301 of this Act.
(10) Underserved tribal entity.--
(A) In general.--The term ``underserved Tribal
entity'' means a Tribal entity, the Tribal land of
which--
(i) lacks affordable broadband service; or
(ii) has subscription rates for broadband
service that are below 80 percent, as
determined by the Commission.
(B) Associated definition.--In this paragraph, the
term ``affordable broadband service'' means broadband
service on Tribal land, the rates for which are not
more than the average rates charged for broadband
service in the 5 nearest municipalities to that Tribal
land that have a population of more than 10,000
individuals, as determined by the Commission.
(11) Working group.--The term ``Working Group'' means the
Tribal Broadband Interagency Working Group established under
section 102.
TITLE I--INTERAGENCY COORDINATION PROGRAM
SEC. 101. PURPOSE.
The purpose of this title is to--
(1) expedite and streamline the deployment of affordable
broadband service on Tribal land through the coordination of
grants or other financial assistance;
(2) improve the effectiveness of Federal assistance in
meeting the obligation of the Commission to ensure universal
availability of broadband networks to all people of the United
States, including individuals living on Tribal land; and
(3) ensure the preservation and protection of self-
governance, economic opportunity, health, education, public
safety, and welfare of Tribal entities.
SEC. 102. INTERAGENCY WORKING GROUP.
(a) Establishment.--The Assistant Secretary and the Secretary of
Agriculture shall jointly establish a working group to be known as the
``Tribal Broadband Interagency Working Group'' to carry out the duties
described in subsection (c).
(b) Administration.--
(1) Chairs.--The Assistant Secretary and the Administrator
shall serve as co-chairs of the Working Group.
(2) Membership; staffing.--The Assistant Secretary and the
Administrator, in consultation with the Tribal Broadband
Deployment Advisory Committee established under section 105,
shall determine the membership and staffing of the Working
Group.
(c) Duties.--The Working Group shall--
(1)(A) serve as a forum for improving coordination across
Federal broadband programs that are available to Tribal
entities;
(B) reduce regulatory barriers to broadband deployment on
Tribal land;
(C) promote awareness of the value and availability of
Federal support for broadband deployment on Tribal land; and
(D) develop common Federal goals, performance measures, and
plans to deploy affordable broadband to Tribal land;
(2) not later than 1 year after the date of enactment of
this Act, and biennially thereafter, issue a strategic plan
regarding Tribal broadband deployment activities, priorities,
and objectives;
(3) promote coordination of the activities of Federal
agencies on Tribal broadband deployment activities, including
the activities of--
(A) the Department of Agriculture;
(B) the Department of Commerce;
(C) the Department of Education;
(D) the Department of Health and Human Services;
(E) the Department of Housing and Urban
Development;
(F) the Department of the Interior;
(G) the Department of Labor;
(H) the Commission;
(I) the Institute of Museum and Library Services;
and
(J) any other Federal agency that the Working Group
considers appropriate;
(4) provide technical assistance for the development of
Tribal broadband deployment plans to meet the Tribal broadband
benchmark;
(5) under section 104, develop a streamlined and
standardized application process for grants and other financial
assistance to advance the deployment of broadband on Tribal
land;
(6) promote information exchange between Federal agencies--
(A) to identify and document Federal and non-
Federal programs and funding opportunities that support
Tribal broadband deployment; and
(B) if practicable, to leverage existing programs
by encouraging joint solicitations, block grants, and
matching programs with non-Federal entities; and
(7) develop a standardized form that identifies all
applicable Federal statutory provisions, regulations, policies,
or procedures that the Working Group determines are necessary
to adhere to in order to implement a Tribal broadband
deployment plan.
SEC. 103. TRIBAL BROADBAND DEPLOYMENT PLAN.
(a) Identification of Underserved Tribal Entities.--Not later than
180 days after the date of enactment of this Act, the Chairman of the
Commission, in coordination with the Secretary of the Interior, shall
identify each underserved Tribal entity and publish a list of such
entities in the Federal Register.
(b) Notice to Underserved Tribal Entities.--Not later than 30 days
after the date on which the list is published in the Federal Register
under subsection (a), the Working Group shall send notice to each
underserved Tribal entity on the list inviting the entity to request
technical assistance for the development of a Tribal broadband
deployment plan under this section.
(c) Technical Assistance.--At the request of an underserved Tribal
entity, the Working Group shall provide the entity with technical
assistance to facilitate the development, adoption, and deployment of a
Tribal broadband development plan detailing the current and projected
efforts of the entity to meet the Tribal broadband benchmark.
(d) Plan Elements.--Each Tribal broadband deployment plan developed
under this section shall--
(1) describe a comprehensive strategy identifying the full
range of options to meet the Tribal broadband benchmark;
(2) describe all available Federal programs that are
available to assist the applicable underserved Tribal entity in
meeting the Tribal broadband benchmark;
(3) describe the way in which Federal program activities
and funds shall be integrated, consolidated, and delivered to
the applicable underserved Tribal entity to meet the Tribal
broadband benchmark;
(4) describe the results expected from implementing the
plan, including the expected number of additional households or
participants that would be served due to the implementation of
the plan;
(5) identify the projected non-Federal expenditures under
the plan;
(6) identify any agency of the applicable underserved
Tribal entity that will be involved in the delivery of the
services integrated under the plan;
(7) identify all applicable Federal, State, and Tribal
statutory provisions, regulations, policies, or procedures that
the Working Group determines are necessary to adhere to in
order to implement the plan;
(8) identify opportunities for the applicable underserved
Tribal entity to purchase spectrum; and
(9) identify--
(A) deployment obstacles; and
(B) activities that are necessary to ensure access
to affordable broadband, including digital literacy
training, technical support, privacy and cybersecurity
expertise, or other end-user technology needs.
(e) Promoting Broadband Availability.--The Working Group shall work
in partnership with State, local, and Tribal governments, and consumer
and industry groups, to promote broadband availability to each
underserved Tribal entity, including consumers in rural and high-cost
areas that are adjacent to Tribal land.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Working Group to carry out section 102 and this
section $5,000,000 for each of fiscal years 2020 through 2025, to
remain available until expended.
SEC. 104. STREAMLINED APPLICATIONS FOR SUPPORT.
(a) Agency Consultation.--The Assistant Secretary shall consult
with each Federal agency that offers a Federal broadband support
program to Tribal entities to streamline and standardize the
application process for grants or other financial assistance under the
program.
(b) Agency Streamlining.--A Federal agency that offers a Federal
broadband support program to Tribal entities shall amend the
application for broadband support from the program, to the extent
practicable and as necessary, in order to streamline and standardize
applications for Federal broadband support programs across the Federal
Government.
(c) Single Application.--To the greatest extent practicable, the
Assistant Secretary shall seek to create 1 application that may be
submitted to apply for support from all Federal broadband support
programs.
(d) Central Website.--Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary shall create a central
website through which a potential applicant can learn about and apply
for support from any Federal broadband support program.
SEC. 105. TRIBAL BROADBAND DEPLOYMENT ADVISORY COMMITTEE.
(a) Establishment.--There is established the Tribal Broadband
Deployment Advisory Committee (referred to in this section as the
``Committee'').
(b) Purposes; Scope of Activities.--
(1) Purposes.--The purposes of the Committee are--
(A) to make recommendations to Congress regarding
how to accelerate the deployment of broadband service
on Tribal land by--
(i) reducing or removing statutory and
regulatory barriers to investment in broadband
infrastructure; and
(ii) strengthening existing broadband
networks on Tribal land; and
(B) to provide an effective means for Tribal
entities to engage with governmental entities and
professionals with expertise and backgrounds in
broadband, telecommunications, information technology,
and infrastructure deployment and adoption in the areas
covered by the Committee to exchange ideas and develop
recommendations to Congress regarding the deployment of
broadband on Tribal land.
(2) Consideration of issues.--The Committee may consider
issues that include--
(A) measures to prepare for, respond to, and
recover from disasters that impact broadband networks;
(B) new ways of encouraging deployment of broadband
infrastructure and services on Tribal land; and
(C) other ways to accelerate the deployment of
broadband infrastructure to Tribal land.
(c) Duties.--The Committee shall provide recommendations to
Congress on issues relating to the deployment of broadband on Tribal
land.
(d) Membership.--
(1) In general.--The Committee shall consist of 16
voluntary representatives as follows:
(A) Twelve authorized representatives of Tribal
governments, each of whom shall represent a different
Bureau of Indian Affairs region.
(B) Four authorized representatives of Tribal
governments, each of whom shall serve as an at-large
representative.
(2) Qualifications.--Each member of the Committee described
in paragraph (1) shall--
(A) be an elected Tribal official or authorized
representative of an elected Tribal official;
(B) act in the official capacity of the member as
an elected official of the entity;
(C) have the authority to participate on behalf of
the Tribe; and
(D) be qualified to represent the views of all
Tribal entities located in the region of the Bureau of
Indian Affairs represented by the member.
(3) Chair.--The Assistant Secretary shall appoint a Chair
of the Committee, who shall--
(A) approve or call all of the meetings of the
Committee and subcommittees of the Committee;
(B) prepare and approve all meeting agendas;
(C) attend all Committee and subcommittee meetings;
(D) adjourn any meeting when the Chair determines
that adjournment to be in the public interest; and
(E) chair meetings when directed to do so by the
Assistant Secretary.
(e) Meetings.--
(1) Frequency.--The Committee shall meet not less
frequently than 3 times per year.
(2) Transparency.--The meetings of the Committee shall be
open to the public and timely notice of each such meeting shall
be published--
(A) in the Federal Register; and
(B) through other appropriate methods.
(f) Support.--
(1) Facilities and staff.--The Assistant Secretary shall
provide the facilities and support staff necessary to conduct
meetings of the Committee.
(2) Compensation.--A member of the Committee shall serve
without any compensation from the Federal Government.
(3) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Committee.
TITLE II--TRIBAL SET-ASIDE
SEC. 201. RURAL UTILITIES SERVICE.
(a) Tribal Set-Aside.--Notwithstanding any other provision of law,
effective beginning in fiscal year 2020 and for each fiscal year
thereafter, the Secretary of Agriculture (referred to in this section
as the ``Secretary'') shall set aside for broadband adoption and
deployment on Tribal land not less than 20 percent of the amounts made
available for that fiscal year for each of the following:
(1) The Telecommunications Infrastructure Loan and Loan
Guarantee Program established under the Rural Electrification
Act of 1936 (7 U.S.C. 901 et seq.).
(2) The initiative under section 306F of that Act (7 U.S.C.
936f).
(3) The Community Connect Grant Program established under
section 604 of that Act (7 U.S.C. 950bb-3).
(4) Financial assistance under chapter 1 of subtitle D of
title XXIII of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 950aaa et seq.), under section 2335A of
that Act (7 U.S.C. 950aaa-5).
(5) The broadband loan and grant pilot program described in
section 779 of division A of the Consolidated Appropriations
Act, 2018 (Public Law 115-141).
(b) Community Connect Grant Program.--
(1) Definition of eligible entity.--Section 604(a)(3) of
the Rural Electrification Act of 1936 (7 U.S.C. 950bb-3(a)(3))
is amended--
(A) in subparagraph (A)(i)(II), by striking ``or
Tribal organization'' and inserting ``, Tribal
organization, or Indian-owned business (as defined in
section 3 of the Native American Business Development,
Trade Promotion, and Tourism Act of 2000 (25 U.S.C.
4302))''; and
(B) in subparagraph (B)(ii), by inserting ``,
unless the partnership is an Indian-owned business (as
defined in section 3 of the Native American Business
Development, Trade Promotion, and Tourism Act of 2000
(25 U.S.C. 4302))'' before the period at the end.
(2) Exemption from matching funds requirement.--Section
604(e)(1) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-3(e)(1)) is amended by inserting ``(other than an
underserved Tribal entity (as defined in section 2 of the
Bridging the Tribal Digital Divide Act of 2020))'' after
``eligible entity''.
(3) Exemption from application requirements.--Section
604(f) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-3(f)) is amended by adding at the end the following:
``(3) Exemptions for tribal entities.--Notwithstanding
paragraphs (1) and (2), the Secretary shall not require a
Tribal entity (as defined in section 2 of the Bridging the
Tribal Digital Divide Act of 2020) to submit a system design
described in subsection (d) of section 1739.15 of title 7, Code
of Federal Regulations (or successor regulations), or financial
information described in subsection (h)(2) of that section, to
be eligible to receive a grant under the Program.''.
(c) Broadband Loan and Grant Pilot Program.--
(1) In general.--Notwithstanding any other provision of
law, a Tribal entity shall be considered to be eligible for
funding under the broadband loan and grant pilot program
described in section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 399).
(2) Exemptions.--The Secretary of Agriculture shall exempt
underserved Tribal entities from the application requirements
under the pilot program described in paragraph (1)--
(A) to submit a network design; and
(B) to provide a matching contribution equal to 25
percent of the overall cost of the project.
SEC. 202. UNIVERSAL SERVICE FUND.
(a) Universal Service Generally.--Not later than 180 days after the
date of enactment of this Act, the Commission shall promulgate
regulations under which the Commission, on and after the effective date
of the regulations, shall--
(1) set aside 5 percent of the amounts allocated for each
Federal universal service support program established under
section 254 of the Communications Act of 1934 (47 U.S.C. 254),
including each program carried out under subparts D through G
and J through M of part 54 of title 47, Code of Federal
Regulations, or any successor regulations; and
(2) with respect to the amount set aside from each program
under paragraph (1), distribute that amount for the purpose of
expanding access to broadband service on Tribal land, in
accordance with the otherwise applicable requirements of the
program.
(b) Lifeline Program.--
(1) Initial increase in tribal land support amount.--For
the first 12-month period beginning 2 years after the date of
enactment of this Act, in the case of Tribal land pertaining to
a Tribal entity that has not met the Tribal broadband
benchmark, the Commission shall increase the monthly cap on
additional Federal lifeline support made available to an
eligible telecommunications carrier providing Lifeline service
to an eligible resident of that Tribal land under section
54.403(a)(3) of title 47, Code of Federal Regulations, or any
successor regulation, by $10.
(2) Annual increase.--For each subsequent 12-month period
after the 12-month period described in paragraph (1), in the
case of Tribal land pertaining to a Tribal entity that has not
met the Tribal broadband benchmark, the Commission shall
increase the monthly cap described in that paragraph by an
additional $10.
TITLE III--UNIVERSAL SERVICE ON TRIBAL LAND
SEC. 301. UNIVERSAL SERVICE ON TRIBAL LAND.
(a) Definitions.--Section 3 of the Communications Act of 1934 (47
U.S.C. 153) is amended--
(1) by redesignating paragraphs (58) and (59) as paragraphs
(62) and (63), respectively;
(2) by redesignating paragraphs (35) through (57) as
paragraphs (37) through (59), respectively;
(3) by redesignating paragraphs (24) through (34) as
paragraphs (25) through (35), respectively;
(4) by inserting after paragraph (23) the following:
``(24) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).'';
(5) by inserting after paragraph (35), as so redesignated,
the following:
``(36) Native hawaiian.--The term `Native Hawaiian' has the
meaning given the term in section 801 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4221).''; and
(6) by inserting after paragraph (59), as so redesignated,
the following:
``(60) Tribal entity.--The term `Tribal entity'--
``(A) means an Indian Tribe; and
``(B) includes a Native Hawaiian community.
``(61) Tribal land.--The term `Tribal land' means--
``(A) any land located within the boundaries of--
``(i) an Indian reservation, pueblo, or
rancheria; or
``(ii) a former reservation within
Oklahoma;
``(B) any land not located within the boundaries of
an Indian reservation, pueblo, or rancheria, the title
to which is held--
``(i) in trust by the United States for the
benefit of an Indian Tribe or an individual
Indian;
``(ii) by an Indian Tribe or an individual
Indian, subject to restriction against
alienation under laws of the United States; or
``(iii) by a dependent Indian community;
``(C) any land located within a region established
pursuant to section 7(a) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(a));
``(D) Hawaiian Home Lands, as defined in section
801 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221); or
``(E) those areas or communities designated by the
Assistant Secretary of Indian Affairs of the Department
of the Interior that are near, adjacent, or contiguous
to reservations where financial assistance and social
service programs are provided to Indians because of
their status as Indians.''.
(b) Universal Service.--Section 254(b)(3) of the Communications Act
of 1934 (47 U.S.C. 254(b)(3)) is amended--
(1) by striking ``and those'' and inserting ``,
consumers''; and
(2) inserting after ``high cost areas,'' the following:
``and consumers on Tribal land and in areas with high
populations of Indians (as defined in section 19 of the Act of
June 18, 1934 (commonly known as the `Indian Reorganization
Act') (25 U.S.C. 5129)) or Native Hawaiians (as defined in
section 801 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221)),''.
(c) Technical and Conforming Amendment.--Section 271(c)(1)(A) of
the Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended, in
the first sentence, by striking ``section 3(47)(A)'' and inserting
``section 3(56)(A)''.
TITLE IV--TRIBAL BROADBAND FACTOR
SEC. 401. TRIBAL BROADBAND FACTOR.
The Commission shall conduct a rulemaking to--
(1) increase Connect America Fund Broadband Loop Support
under subpart K of part 54 of title 47, Code of Federal
Regulations (or any successor regulation), available to rate-
of-return carriers serving Tribal lands by reducing the funding
threshold of $42 per month per line by 25 percent; and
(2) increase High Cost Loop Support under subpart M of part
54 of title 47, Code of Federal Regulations (or any successor
regulation), available to rate-of-return carriers serving
Tribal lands by increasing--
(A) the eligible costs expense adjustment under
section 54.1310(a)(1) of that title from 65 percent to
81.25 percent; and
(B) the eligible costs expense adjustment under
section 54.1310(a)(2) of that title from 75 percent to
93.75 percent.
TITLE V--BROADBAND RIGHTS-OF-WAY
SEC. 501. PILOT PROGRAM FOR TRIBAL GRANT OF RIGHTS-OF-WAY FOR BROADBAND
FACILITIES.
(a) Definitions.--In this section:
(1) Program.--The term ``program'' means the Tribal
Broadband Right-of-Way Pilot Program established under
subsection (b)(1).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Pilot Program.--
(1) In general.--The Secretary shall establish a pilot
program, to be known as the ``Tribal Broadband Right-of-Way
Pilot Program'', under which the Secretary shall delegate to
the Indian Tribes selected under paragraph (3) the authority
under the first section of the Act of February 5, 1948 (62
Stat. 17, chapter 45; 25 U.S.C. 323) to grant rights-of-way
described in paragraph (2) over and across Tribal land.
(2) Right-of-way described.--A right-of-way referred to in
paragraph (1) is a right-of-way for the construction,
maintenance, and facilitation of broadband service, which may
include--
(A) towers;
(B) cables;
(C) transmission lines; and
(D) any other equipment necessary for construction,
maintenance, and facilitation of broadband service.
(3) Participating indian tribes.--
(A) In general.--Subject to subparagraph (B) and in
accordance with subsection (c), the Secretary shall
select not fewer than 10 Indian Tribes to participate
in the program.
(B) Location of indian tribes.--Of the Indian
Tribes selected under subparagraph (A), not fewer than
5 shall be Indian Tribes the land of which is located
within the State of Arizona or the State of New Mexico.
(4) Broadband right-of-way.--
(A) In general.--Except as provided in subparagraph
(B), an Indian Tribe participating in the program may
grant a right-of-way described in paragraph (2) over
and across the land of the Indian Tribe without the
approval of, or a grant by, the Secretary, if--
(i) the right-of-way is granted in
accordance with the regulations of the Indian
Tribe approved by the Secretary under
subsection (c); and
(ii) the term of the right-of-way does not
exceed 25 years, except that a right-of-way may
include an option to renew the right-of-way for
not more than 2 additional terms, each of which
may not exceed 25 years.
(B) Allotted land.--An Indian Tribe may not grant a
right-of-way under subparagraph (A) over and across an
individual Indian allotment under section 4 of the Act
of February 8, 1887 (commonly known as the ``Indian
General Allotment Act'') (24 Stat. 389, chapter 119; 25
U.S.C. 334).
(c) Proposed Regulations.--
(1) In general.--An Indian Tribe desiring to participate in
the program shall submit to the Secretary an application
containing the proposed regulations of the Indian Tribe for the
granting of rights-of-way described in subsection (b)(2).
(2) Selection.--The Secretary may only select for
participation in the program Indian Tribes the proposed
regulations of which are approved by the Secretary under this
subsection.
(3) Considerations for approval.--The Secretary may approve
the proposed regulations of an Indian Tribe if the
regulations--
(A) are consistent with any regulations issued by
the Secretary under section 6 of the Act of February 5,
1948 (62 Stat. 18, chapter 45; 25 U.S.C. 328); and
(B) provide for an environmental review process
that includes--
(i) the identification and evaluation by
the Indian Tribe of any significant impacts of
the proposed right-of-way on the environment;
and
(ii) a process for ensuring that--
(I) the public is informed of, and
has a reasonable opportunity to comment
on, any impacts identified by the
Indian Tribe under clause (i); and
(II) the Indian Tribe provides
responses to relevant and substantive
public comments received under
subclause (I).
(4) Technical assistance.--
(A) In general.--On request of an Indian Tribe
desiring to participate in the program, the Secretary
shall provide technical assistance for development of
proposed regulations to be submitted in the application
of the Indian Tribe under paragraph (1), including
technical assistance for development of a regulatory
environmental review process that meets the
requirements of paragraph (3)(B).
(B) ISDEAA.--
(i) In general.--Technical assistance
provided by the Secretary under subparagraph
(A) may be made available to Indian Tribes
described in clause (ii) through contracts,
grants, or agreements entered into in
accordance with the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304 et
seq.).
(ii) Indian tribe described.--An Indian
Tribe referred to in clause (i) is an Indian
Tribe eligible for contracts, grants, or
agreements under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304 et
seq.).
(5) Review process.--
(A) In general.--Not later than 120 days after the
date on which an application is submitted to the
Secretary under paragraph (1), the Secretary shall
review and approve or disapprove the proposed
regulations contained in the application.
(B) Written documentation.--If the Secretary
disapproves the regulations under subparagraph (A), the
Secretary shall--
(i) notify the Indian Tribe that the
regulations have been disapproved; and
(ii) include with the notification written
documentation that describes the basis for the
disapproval.
(C) Extension.--After consultation with the Indian
Tribe, the Secretary may extend the deadline described
in subparagraph (A) for an additional 120-day period.
(d) Federal Environmental Review.--If an Indian Tribe participating
in the program proposes to grant a right-of-way for a broadband service
project or activity funded by a Federal agency, the Indian Tribe may
rely on the environmental review process of the applicable Federal
agency rather than the environmental review process approved as part of
the regulations of the Indian Tribe under subsection (c)(3)(B).
(e) Documentation.--If an Indian Tribe participating in the program
grants a right-of-way under the program, the Indian Tribe shall submit
to the Secretary--
(1) a copy of the right-of-way, including any amendments or
renewals to the right-of-way; and
(2) if the regulations of the Indian Tribe or the right-of-
way allows for right-of-way payments to be made directly to the
Indian Tribe, documentation of the right-of-way payments that
are sufficient to enable the Secretary to discharge the trust
responsibility of the United States under subsection (f)(2).
(f) Trust Responsibility.--
(1) In general.--The United States shall not be liable for
any losses sustained by a party to a right-of-way granted by an
Indian Tribe under the program.
(2) Authority of secretary.--
(A) In general.--Pursuant to the authority of the
Secretary to fulfill the trust obligation of the United
States to Indian Tribes participating in the program
under Federal law (including regulations), the
Secretary may, on request by, and after reasonable
notice from, an Indian Tribe, enforce the provisions
of, or cancel, any right-of-way granted by the Indian
Tribe under the program.
(B) Procedures.--The Secretary shall enforce the
provisions of, or cancel, any right-of-way under
subparagraph (A) in accordance with the regulations
issued by the Secretary under section 6 of the Act of
February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C.
328).
(g) Compliance.--
(1) In general.--A duly enrolled member of an Indian Tribe,
after exhausting any applicable Tribal remedies, may submit to
the Secretary, at such time and in such form as the Secretary
determines to be appropriate, a petition to review the
compliance of an Indian Tribe participating in the program with
the regulations of the Indian Tribe approved by the Secretary
under subsection (c).
(2) Violations.--If, after carrying out a review under
paragraph (1), the Secretary determines that the Indian Tribe
violated the regulations, the Secretary, subject to paragraph
(3)(B), may take any action the Secretary determines to be
necessary to remedy the violation, including--
(A) rescinding the approval of the regulations; and
(B) reassuming the authority to grant rights-of-
ways described in subsection (b)(2) delegated to the
Indian Tribe under the program.
(3) Documentation.--If the Secretary determines that the
Indian Tribe violated the regulations and a remedy is
necessary, the Secretary shall--
(A) submit to the Indian Tribe a written
notification of the regulations that have been
violated; and
(B) prior to the exercise of any remedy under
paragraph (2), provide the Indian Tribe with--
(i) a hearing that is on the record; and
(ii) a reasonable opportunity to cure the
alleged violation.
(h) Sunset.--The authority of the Secretary to carry this section
shall terminate 10 years after the date of enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 116-359.
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
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