225 
SEC. 534. FCC TRIBAL SPECTRUM MARKET. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Commission shall con-
duct a rulemaking proceeding to establish a new 
Tribal Spectrum Market. 
(2) PURPOSE.—The Tribal Spectrum Market 
shall be an optional forum solely for the participa-
tion of Indian tribes, qualifying Tribal entities, and 
the Department of Hawaiian Home Lands to engage 
with other Indian tribes, other qualifying Tribal en-
tities, and the Department of Hawaiian Home 
Lands (as applicable) for leasing and assignment op-
portunities for the purpose of economic and business 
development on Tribal lands for participants that 
choose to participate. 
(3) NO EFFECT ON PARTICIPATION IN OTHER 
FORUMS OR MARKETS.—Participation in the Tribal 
Spectrum Market shall not prevent an Indian tribe, 
the Department of Hawaiian Home Lands, or a 
qualifying Tribal entity from participating in any 
other auction forum or secondary spectrum market. 
(b) AVAILABILITY OF SPECTRUM.—In furtherance of 
the Federal trust responsibility and Tribal self-govern-
ance, and to develop robust economic resources on Tribal 
lands, the Commission shall— 
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(1) make all unused and newly allocated spec-
trum over Tribal lands available to other Indian 
tribes, the Department of Hawaiian Home Lands, 
and qualifying Tribal entities through the Tribal 
Spectrum Market; and 
(2) notify other Indian tribes, the Department 
of Hawaiian Home Lands, and other qualifying 
Tribal entities of the availability of unused and 
newly allocated spectrum under paragraph (1). 
(c) CONSENT
REQUIREMENT.—Participants shall 
provide written consent to the Commission to make their 
unused spectrum over Tribal lands available to other In-
dian tribes, the Department of Hawaiian Home Lands, or 
other qualifying Tribal entities, as applicable, through the 
Tribal Spectrum Market. 
SEC. 535. E-RATE. 
Section 254 of the Communications Act of 1934 (47 
U.S.C. 254) is amended— 
(1) in subsection (h)(4), by inserting ‘‘, except 
as provided in subsection (m),’’ before ‘‘is a library 
or library consortium’’; and 
(2) by adding at the end the following: 
‘‘(m) E-RATE SUPPORT FOR INDIAN TRIBES.— 
‘‘(1) DEFINITIONS.—In this subsection— 
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‘‘(A) the term ‘E-rate program’ means the 
universal service program for schools and li-
braries authorized under subsection (h)(1)(B), 
the rules of which are set forth under subpart 
F of part 54 of title 47, Code of Federal Regu-
lations (or any successor regulation), as author-
ized under subsection (h)(2)(A); 
‘‘(B) the term ‘E-rate support’ means uni-
versal service discounts on eligible services in 
accordance with subpart F of part 54 of title 
47, Code of Federal Regulations (or any suc-
cessor regulation), as authorized under sub-
section (h)(2)(A); 
‘‘(C) the term ‘Indian tribe’ has the mean-
ing given the term in section 5 of the Honoring 
Promises to Native Nations Act; and 
‘‘(D) the term ‘qualifying anchor institu-
tion’ means a facility owned by an Indian tribe, 
including a Tribal Government building, chap-
ter house, longhouse, community center, senior 
center, or other similar public building. 
‘‘(2) ELIGIBILITY OF TRIBAL LIBRARIES AND 
QUALIFYING
ANCHOR
INSTITUTIONS
FOR
E-RATE 
SUPPORT.— 
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‘‘(A) DESIGNATION OF TRIBAL LIBRARIES 
AS
LIBRARIES
ELIGIBLE
FOR
E-RATE
SUP-
PORT.— 
‘‘(i) IN
GENERAL.—An Indian tribe 
that is eligible for support under section 
261 of the Library Services and Tech-
nology Act (20 U.S.C. 9161) may des-
ignate a Tribal library or Tribal library 
consortium as a library or consortium that 
is eligible for E-rate support, without re-
gard to whether the library or library con-
sortium is eligible for assistance from a 
State Library Administrative Agency under 
the Library Services and Technology Act 
(20 U.S.C. 9121 et seq.), if the library or 
library consortium is eligible for support 
from an Indian tribe under such section 
261. 
‘‘(ii) 
RULE
OF
CONSTRUCTION.— 
Nothing in clause (i) shall be construed to 
exempt a Tribal library from any require-
ment under the E-rate program not de-
scribed in that clause, including the other 
requirements relating to eligible recipients 
under section 54.501 of title 47, Code of 
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229 
Federal Regulations (or any successor reg-
ulation). 
‘‘(B) TRIBAL ANCHOR INSTITUTION PRO-
GRAM.— 
‘‘(i) IN GENERAL.—The Commission, 
in consultation with the Institute of Mu-
seum and Library Services and any other 
agency with relevant responsibilities, shall 
establish a program to be known as the 
‘Tribal Anchor Institution Program’, under 
which the Commission shall provide E-rate 
support to Indian tribes for qualifying an-
chor institutions designated by the Indian 
tribes. 
‘‘(ii) ELIGIBILITY.— 
‘‘(I) IN GENERAL.—To be eligible 
to obtain E-rate support under this 
subparagraph, a Tribal Government 
may not have a Tribal library eligible 
for the E-rate program within the 
Tribal community. 
‘‘(II) 
REQUIREMENTS.—E-rate 
support obtained under this subpara-
graph shall only be available for an 
Indian tribe if— 
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230 
‘‘(aa) the proposed quali-
fying anchor institution is exclu-
sively owned by the Indian tribe; 
and 
‘‘(bb) the proposed quali-
fying anchor institution intends 
to deliver publicly available inter-
net access to students, teachers, 
librarians, and members of the 
community for educational pur-
poses. 
‘‘(III) 
RULE
OF
CONSTRUC-
TION.—Nothing in this clause shall be 
construed to provide the Commission 
with the authority to modify the eligi-
bility requirements described in this 
clause. 
‘‘(3) SET-ASIDE FOR INDIAN TRIBES.—Of the 
amount made available for the E-rate program in 
any fiscal year beginning after the date of enactment 
of this subsection, 5 percent shall be used for E-rate 
support for Tribal elementary and secondary schools 
(as defined in subsection (h)(7)), Tribal libraries 
and Tribal library consortia, and qualifying anchor 
institutions.’’. 
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231 
SEC. 536. RECONNECT PROGRAM. 
(a) TRIBAL SET-ASIDE.—Section 779 of division A 
of the Consolidated Appropriations Act, 2018 (Public Law 
115–141; 132 Stat. 399), is amended by inserting ‘‘: Pro-
vided further, That 15 percent of such amount shall be 
reserved for loans and grants to Indian tribes under the 
pilot program, and a requirement to match part or all of 
any such loan or grant shall not be imposed on an Indian 
tribe’’ before the period at the end. 
(b) TRIBAL CONNECTIVITY FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund, to be 
known as the ‘‘Tribal Connectivity Fund’’. 
(2) APPROPRIATION.— 
(A) IN GENERAL.—There is authorized to 
be appropriated, and there is appropriated, out 
of amounts in the Treasury not otherwise ap-
propriated, to the Tribal Connectivity Fund 
$100,000,000 for each of fiscal years 2023 
through 2031, to remain available until ex-
pended. 
(B) ADJUSTMENT
FOR
INFLATION.—The 
amount made available under subparagraph (A) 
for each of fiscal years 2024 through 2031 shall 
be adjusted annually to reflect the change in 
the Consumer Price Index for All Urban Con-
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232 
sumers published by the Bureau of Labor Sta-
tistics. 
(3) USE OF FUNDS.— 
(A) IN GENERAL.—Amounts in the Tribal 
Connectivity Fund shall be available to the Sec-
retary of Agriculture to provide funding for 
laptops, Wi-Fi hotspots, and other connectivity 
devices for students attending schools funded by 
the Bureau of Indian Education, tribally oper-
ated schools, or Tribal colleges. 
(B) DEFINITIONS.—In this paragraph: 
(i) WI-FI.—The term ‘‘Wi-Fi’’ means 
a wireless networking protocol based on In-
stitute of Electrical and Electronics Engi-
neers standard 802.11 (or any successor 
standard). 
(ii) WI-FI HOTSPOT.—The term ‘‘Wi- 
Fi hotspot’’ means a device that is capable 
of— 
(I) receiving mobile advanced 
telecommunications and information 
services (based upon Wi-Fi and other 
wireless standards); and 
(II) sharing the services with an-
other device. 
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233 
(c) FUNDING FOR BUREAU OF INDIAN EDUCATION 
INFORMATION TECHNOLOGY INFRASTRUCTURE.— 
(1) APPROPRIATION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), there is authorized to be appro-
priated, out of any monies in the Treasury not 
otherwise appropriated, and there is appro-
priated $50,000,000 for each of fiscal years 
2023 through 2031, which shall be deposited in 
the Bureau of Indian Education, Operation of 
Indian Education Programs, Education Man-
agement, Education IT account, to remain 
available until expended. 
(B) ADJUSTMENT
FOR
INFLATION.—The 
amount made available under subparagraph (A) 
for fiscal year 2024 and each fiscal year there-
after shall be adjusted annually to reflect the 
change in the Consumer Price Index for All 
Urban Consumers published by the Bureau of 
Labor Statistics. 
(2) USE OF FUNDS.—The amounts made avail-
able under paragraph (1) shall be available to the 
Secretary of the Interior to provide funding for in-
formation technology infrastructure of the Bureau of 
Indian Education. 
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234 
SEC. 537. USDA OFFICE OF TRIBAL RELATIONS. 
(a) APPROPRIATION.—Subject to subsection (b), 
there is authorized to be appropriated, and there is appro-
priated, out of any monies in the Treasury not otherwise 
appropriated, to the Secretary of Agriculture $2,500,000 
for each of fiscal years 2023 through 2031— 
(1) for the provision to Indian tribes, qualifying 
Tribal entities, and the Department of Hawaiian 
Home Lands of services, technical assistance, and 
expansion of programs for the deployment and build- 
out of wireless broadband services on Tribal lands; 
and 
(2) to ensure that services, technical assistance, 
and programs described in paragraph (1) and re-
lated policies are efficient, easy to understand, acces-
sible, and developed in consultation with affected In-
dian tribes and the Department of Hawaiian Home 
Lands. 
(b) ADJUSTMENT
FOR INFLATION.—The amount 
made available under subsection (a) for each of fiscal 
years 2024 through 2031 shall be adjusted annually to 
reflect the change in the Consumer Price Index for All 
Urban Consumers published by the Bureau of Labor Sta-
tistics. 
SEC. 538. ANNUAL REPORTING REQUIREMENTS. 
(a) ANNUAL REPORT.— 
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235 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, and annually 
thereafter, the Commission shall make publicly avail-
able and submit to the entities described in sub-
section (b)— 
(A) a report on the deployment of 
broadband on Tribal lands; 
(B) a household-level mapping of actual 
broadband speeds adopted by Tribal residents; 
and 
(C) an inventory of Tribal spectrum li-
censes. 
(2) CONTENTS.— 
(A) COLLABORATION
WITH
TRIBES
AND 
TRIBAL
ENTITIES.—The report under para-
graph (1) shall include the following informa-
tion: 
(i)(I) The work of the Commission 
with Indian tribes, the Department of Ha-
waiian Homelands, qualifying Tribal enti-
ties, and associated tribal organizations on 
spectrum-related matters. 
(II) The efforts of the Commission to 
bolster Tribal outreach through individual 
consultation, funding access, expansion of 
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236 
access to broadband or other full use of 
spectrum over Tribal lands, activities exe-
cuted through the Office of Native Affairs 
and Policy, rulemakings that have been ex-
ecuted related to such matters under this 
Act. 
(III) General updates. 
(B) APPLICANTS
AND
LICENSE
HOLD-
ERS.— 
(i) IN GENERAL.—The report under 
paragraph (1) shall include data collected 
by the Commission on whether applicants 
for licenses, and holders of licenses, for 
spectrum over Tribal lands are— 
(I) Indian tribes; 
(II) the Department of Hawaiian 
Homelands; 
(III) qualifying Tribal entities; or 
(IV) third-party licensees. 
(ii) RECORDING REQUIREMENT.—The 
Commission shall require an Indian tribe, 
the Department of Hawaiian Home Lands, 
or a qualifying Tribal entity to record the 
ownership classification of all licenses or 
other agreements for the use of spectrum 
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237 
over Tribal lands that take effect on or 
after the date of enactment of this Act. 
(C) NOTIFICATION OF RELEVANT INDIAN 
TRIBE OR QUALIFYING TRIBAL ENTITY, OR THE 
DEPARTMENT
OF
HAWAIIAN
HOME
LANDS.— 
The Commission shall include in the report sub-
mitted under paragraph (1) a verification that 
the Commission has provided information about 
assigned and unassigned licenses and license 
holders to the Indian tribe, the Department of 
Hawaiian Home Lands, or the qualifying Tribal 
entity where the licenses are geographically lo-
cated, including a detailed description of the li-
censes, the license holders, and the entity to 
which the information was provided. 
(D) 
ACCESSIBLE
CONTACT
INFORMA-
TION.—The Commission shall include in the re-
port 
submitted 
under 
paragraph 
(1) 
a 
verification that the Commission has made con-
tact information easily accessible for Indian 
tribes, the Department of Hawaiian Home 
Lands, and qualifying Tribal entities to learn 
about participation in any opportunities to ob-
tain licenses for spectrum over Tribal lands or 
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238 
secondary market opportunities, including the 
respective processes. 
(E) UNSERVED
LOCATIONS.—The Com-
mission shall include in the report submitted 
under paragraph (1) geographic locations on 
Tribal lands where wireline broadband or wire-
less telecommunications services have not been 
built out or deployed. 
(F) FEDERAL
FUNDING
AVAILABILITY.— 
The Commission shall include in the report sub-
mitted under paragraph (1) a description of 
available Federal funding across all agencies for 
which Indian tribes, the Department of Hawai-
ian Home Lands, and qualifying Tribal entities 
are eligible to apply to further support deploy-
ment of broadband and telecommunications 
services on Tribal lands. 
(b) SUBMISSION OF RECOMMENDATIONS.—The enti-
ties described in this subsection are— 
(1) Indian tribes, the Department of Hawaiian 
Home Lands, and Native Hawaiian organizations; 
(2) the Department of the Interior; 
(3) the Committee on Indian Affairs of the Sen-
ate; 
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239 
(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 Native Nations Communications Task 
Force of the Commission; 
(8) Tribal organizations with telecommuni-
cations expertise; and 
(9) requesting qualifying Tribal entities. 
SEC. 539. DEFINITIONS. 
In this subtitle: 
(1) 
BROADBAND
SERVICE.—The 
term 
‘‘broadband service’’ means internet access service 
that is delivered— 
(A) with— 
(i) except as provided in clause (ii)— 
(I) a download speed of not less 
than 100 megabits per second; and 
(II) an upload speed of not less 
than 20 megabits per second; or 
(ii) minimum download and upload 
speeds established by the Commission after 
the date of enactment of this Act, if those 
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240 
minimum speeds are higher than the min-
imum speeds required under clause (i); 
(B) without any data caps or other service 
limitations; 
(C) through— 
(i) mobile service; 
(ii) fixed point-to-point multipoint 
service; 
(iii) fixed point-to-point service; 
(iv) broadcast service; or 
(v) wireline service; and 
(D) meet the latency requirement set by 
the Commission to enable real-time video and 
other streaming services. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(3) DIGITAL LITERACY.—The term ‘‘digital lit-
eracy’’ 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, associ-
ated programs and funding opportunities of the 
Commission, and other related resources, to expedite 
the immediate deployment of, and full access to, 
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241 
telecommunications, broadband, spectrum, and wire-
less services available for effective and efficient use 
on Tribal lands. 
(4) ENTITY THAT IS MORE THAN 50 PERCENT 
OWNED AND CONTROLLED BY 1 OR MORE INDIAN 
TRIBES.— 
(A) IN GENERAL.—The term ‘‘entity that 
is more than 50 percent owned and controlled 
by 1 or more Indian tribes’’ means an entity of 
which 1 or more Indian tribes have both de 
facto and de jure control. 
(B) DE JURE CONTROL.—For purposes of 
subparagraph (A), de jure control of an entity 
shall be evidenced by ownership of greater than 
50 percent of the voting stock of a corporation, 
or in the case of a partnership, general partner-
ship interests. 
(C) DE FACTO CONTROL.— 
(i) IN
GENERAL.—For purposes of 
subparagraph (A), de facto control of an 
entity shall be determined on a case-by- 
case basis. 
(ii) INDICIA OF CONTROL.—For pur-
poses of clause (i), an Indian tribe or In-
dian tribes shall demonstrate indicia of 
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242 
control to establish that the Indian tribe or 
Indian tribes retain de facto control of the 
entity, including the following: 
(I) The Indian tribe or Indian 
tribes constitute or appoint more than 
50 percent of the board of directors or 
management committee of the entity. 
(II) The Indian tribe or Indian 
tribes have authority to appoint, pro-
mote, demote, and fire senior execu-
tives who control the day-to-day ac-
tivities of the entity. 
(III) The Indian tribe or Indian 
tribes play an integral role in the 
management decisions of the entity. 
(IV) The Indian tribe or Indian 
tribes have the authority to make de-
cisions or otherwise engage in prac-
tices or activities that determine or 
significantly influence— 
(aa) the nature or types of 
services offered by the entity; 
(bb) the terms upon which 
such services are offered; or 
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244 
Stat. 988, chapter 576; 25 U.S.C. 
5124); or 
(II) section 4 of the Act of June 
26, 1936 (commonly known as the 
‘‘Oklahoma Welfare Act’’) (49 Stat. 
1967, chapter 831; 25 U.S.C. 5204). 
(iv) An entity that is more than 50 
percent owned and controlled by 1 or more 
Indian tribes. 
(6) SPECTRUM
OVER
TRIBAL
LANDS.—The 
term ‘‘spectrum over Tribal lands’’ means all spec-
trum on Tribal lands, including wireless, radio, tele-
vision, broadcast, commercial and noncommercial 
uses, and current generation or better wireless 
broadband services. 
(7) TRIBAL
BROADBAND
FUND.—The term 
‘‘Tribal Broadband Fund’’ means the permanent 
Federal universal service support mechanism estab-
lished by the Commission under section 531. 
Æ 
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