tion 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304).’’; 
(5) by inserting after paragraph (35), as so re-
designated, 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 re-
designated, the following: 
‘‘(60) TRIBAL ENTITY.—The term ‘Tribal enti-
ty’— 
‘‘(A) means an Indian Tribe; and 
‘‘(B) includes a Native Hawaiian commu-
nity. 
‘‘(61) TRIBAL LAND.—The term ‘Tribal land’ 
means— 
‘‘(A) any land located within the bound-
aries of— 
‘‘(i) an Indian reservation, pueblo, or 
rancheria; or 
‘‘(ii) a former reservation within Okla-
homa; 
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‘‘(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 indi-
vidual Indian; 
‘‘(ii) by an Indian Tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
‘‘(iii) by a dependent Indian commu-
nity; 
‘‘(C) any land located within a region es-
tablished 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 des-
ignated by the Assistant Secretary of Indian 
Affairs of the Department of the Interior that 
are near, adjacent, or contiguous to reserva-
tions where financial assistance and social serv-
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ice 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 fol-
lowing: ‘‘and consumers on Tribal land and in areas 
with high populations of Indians (as defined in sec-
tion 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 Assist-
ance 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 sen-
tence, by striking ‘‘section 3(47)(A)’’ and inserting ‘‘sec-
tion 3(56)(A)’’. 
TITLE IV—TRIBAL BROADBAND 
FACTOR 
SEC. 401. TRIBAL BROADBAND FACTOR. 
The Commission shall conduct a rulemaking to— 
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(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 serv-
ing 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 in-
creasing— 
(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). 
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(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 subpara-
graph (B) and in accordance with subsection 
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(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 Ari-
zona or the State of New Mexico. 
(4) BROADBAND RIGHT-OF-WAY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an Indian Tribe partici-
pating 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 ac-
cordance 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. 
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(B) ALLOTTED
LAND.—An Indian Tribe 
may not grant a right-of-way under subpara-
graph (A) over and across an individual Indian 
allotment under section 4 of the Act of Feb-
ruary 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 Sec-
retary an application containing the proposed regu-
lations of the Indian Tribe for the granting of 
rights-of-way described in subsection (b)(2). 
(2) SELECTION.—The Secretary may only se-
lect 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 
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(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 envi-
ronment; and 
(ii) a process for ensuring that— 
(I) the public is informed of, and 
has a reasonable opportunity to com-
ment on, any impacts identified by the 
Indian Tribe under clause (i); and 
(II) the Indian Tribe provides re-
sponses to relevant and substantive 
public comments received under sub-
clause (I). 
(4) TECHNICAL ASSISTANCE.— 
(A) IN GENERAL.—On request of an In-
dian Tribe desiring to participate in the pro-
gram, the Secretary shall provide technical as-
sistance for development of proposed regula-
tions to be submitted in the application of the 
Indian Tribe under paragraph (1), including 
technical assistance for development of a regu-
latory environmental review process that meets 
the requirements of paragraph (3)(B). 
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(B) ISDEAA.— 
(i) IN
GENERAL.—Technical assist-
ance provided by the Secretary under sub-
paragraph (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 Assist-
ance 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-De-
termination 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— 
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(i) notify the Indian Tribe that the 
regulations have been disapproved; and 
(ii) include with the notification writ-
ten 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 In-
dian 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 Fed-
eral 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 partici-
pating 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 
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the right-of-way payments that are sufficient to en-
able the Secretary to discharge the trust responsi-
bility 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 au-
thority of the Secretary to fulfill the trust obli-
gation 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 can-
cel, 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.— 
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(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 deter-
mines to be appropriate, a petition to review the 
compliance of an Indian Tribe participating in the 
program with the regulations of the Indian Tribe ap-
proved by the Secretary under subsection (c). 
(2) VIOLATIONS.—If, after carrying out a re-
view 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 regula-
tions; and 
(B) reassuming the authority to grant 
rights-of-ways described in subsection (b)(2) 
delegated to the Indian Tribe under the pro-
gram. 
(3) DOCUMENTATION.—If the Secretary deter-
mines that the Indian Tribe violated the regulations 
and a remedy is necessary, the Secretary shall— 
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