[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5321 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5321
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
December 20, 2022
Ms. Warren 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 September 2, 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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