I 
116TH CONGRESS 
2D SESSION 
H. R. 7774 
To preserve Indian Tribes’ and Native Hawaiian organizations’ autonomy 
of access to spectrum over Tribal lands and expedite immediate deploy-
ment of telecommunications services for critical government services, 
including national emergencies, natural disasters, public health and bio-
hazard 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 HOUSE OF REPRESENTATIVES 
JULY 24, 2020 
Ms. HAALAND introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Natural Resources, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To preserve Indian Tribes’ and Native Hawaiian organiza-
tions’ autonomy of access to spectrum over Tribal lands 
and expedite immediate deployment of telecommuni-
cations services for critical government services, including 
national emergencies, natural disasters, public health and 
biohazard threats, safety, education, opportunity to par-
ticipate in the broadband economy, self-governance, ac-
cess to Federal, State, and Tribal voting and elections, 
and the Federal census count, for the protection of life 
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and property in furtherance of the Federal trust respon-
sibility, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 re-
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source development and management of assets, in-
cluding spectrum over Tribal lands. 
(2) This longstanding precedent established ter-
ritorial sovereignty through distinct and separate ju-
risdictions in which Indian Tribes retain their sov-
ereign 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 Gov-
ernment significantly narrowed the control and 
rights of Indian Tribes through the unilateral acqui-
sition of Tribal lands and resources, then subse-
quently gave the rights to this property to non-In-
dian settlers. 
(4) Under the General Allotment Act of 1887, 
Tribal members were forced to surrender their pre-
viously undivided interest in Tribally owned trust es-
tate for individually assigned land interests creating 
permanently divided land allotments on Tribal lands, 
and further coercing Native Americans into assimila-
tion and dependency on the Federal Government, 
thus depriving them of their traditional economies. 
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(5) Congress has acknowledged that this Res-
ervation 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 Ha-
waiians to promote their self-determination and sov-
ereignty 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 recog-
nized as plenary; constitutionally vested congres-
sional 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 responsi-
bility with Indian Tribes extends to all governmental 
branches requiring the United States to uphold its 
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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 Of-
fice (GAO) report noted that numerous Tribal enti-
ties, associations, and academic groups consider 
spectrum as a natural resource that should be man-
aged by Tribes. FCC officials responded that, ‘‘spec-
trum is not considered a reserved right under trea-
ties 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 
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adoption of the existing regime for licensing and reg-
ulating 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 appli-
cants 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 oppor-
tunity to secure spectrum over their Tribal lands be-
fore the August 3, 2020, expiration date amidst the 
pandemic. 
(14) To date, the Commission has failed to im-
plement nationwide spectrum opportunities or uni-
form licensing for Indian Tribes and Native Hawai-
ian 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. 
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(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 regula-
tions for licensed and unlicensed spectrum over Trib-
al lands, and by conducting oversight over secondary 
market transactions, including leasing spectrum li-
censes 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 In-
dian Tribes’ economic development and legal juris-
dictional complications on Tribal lands that continue 
to disadvantage Tribal communities today. 
(17) Indian Tribes and Native Hawaiian orga-
nizations 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 de-
crease the alarming rates of violent crimes, suicides, 
and additional unnecessary loss of lives that Native 
Americans disproportionately experience, especially 
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through the lack of access to telehealth services and 
digital emergency resources as demonstrated during 
the COVID–19 pandemic that disproportionately im-
pacted Indian Country. 
(18) Further, the 2018 Broken Promises Re-
port published by the United States Commission on 
Civil Rights found Native Americans rank near the 
bottom of all Americans in terms of health, edu-
cation, and employment due to the unique challenges 
and harsh living conditions as a result of the Res-
ervation Era when the Federal Government relo-
cated Indian Tribes to geographically isolated res-
ervations where ‘‘persistent discrimination has ren-
dered their reality often invisible to other Ameri-
cans’’. 
(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 Trib-
al lands further behind in the digital divide by global 
benchmarks. 
(20) In 2018, the Broadband Commission for 
Sustainable Development reported that wireless net-
work coverage in Sub-Saharan Africa increased to 
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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 serv-
ices, and 98 percent of American households have 
telephone services. However, only 65 percent of 
American Indians, Alaska Natives, and Native Ha-
waiians 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 pan-
demic 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 de-
pend on outdated circuit connections based on one 
or two T1 circuit lines (3 Mbps), creating slower re-
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sponse times than any other health facility system in 
the country. 
(23) A 2018 National Congress of American In-
dians and National Indian Health Board health re-
form comment filed with the Federal Communica-
tions 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 surveil-
lance 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 
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Bureau school locations and data cap limitations be-
fore and during the pandemic. 
(26) As an additional barrier, no dedicated 
Federal funding streams exist for Indian Tribes or 
Native Hawaiian organizations to deploy tele-
communications 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 serv-
ices and infrastructure; however, from 2010 to 2017, 
only 0.7 percent was allocated to Tribal tele-
communications deployment. 
(27) It is estimated that only 0.3 percent of the 
13,000 radio facilities in the country belong to feder-
ally recognized Indian Tribes, indicating a severe 
lack of Tribal ownership of telecommunications serv-
ices generally. 
(28) Indian Tribes’ and Native Hawaiian orga-
nizations’ longstanding funding and administrative 
barriers to access spectrum over Tribal lands and 
Hawaiian Home Lands prohibits their self-govern-
ance and further exacerbate rates of unemployment, 
systemic poverty, health disparities, connection to 
the global market, educational and economic oppor-
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tunities, unnecessary loss of lives, and unknown fu-
ture disparities resulting from the absence of indige-
nous representation in the modernization of the dig-
ital sector, coding, general advancement of techno-
logical 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 Hawai-
ian organizations’ inherent ownership of, and pre-
serve, Indian Tribes’ spectrum licenses and spectrum 
over Tribal lands and Hawaiian Home Lands in fur-
therance of the trust responsibility and acknowledg-
ment 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 leas-
ing of spectrum over Tribal lands; ensure the Com-
mission’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 Ha-
waiian Home Lands; 
(3) to ensure the Commission requires all un-
used and unassigned spectrum licenses over Tribal 
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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 spec-
trum over Tribal lands and Hawaiian Home Lands 
as part of their inherent self-governance, and expe-
dite the immediate deployment of wireless services 
for critical government services, including national 
emergencies, 
natural 
disasters, 
and 
biohazard 
threats, access to health, public safety services, edu-
cational 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-gov-
ernance 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 Hawai-
ian 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 tele-
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communications services, including all commercial, 
noncommercial, mobile, radio, television, broadcast, 
‘‘middle mile’’ and long haul fiber, and future spec-
trum licenses, infrastructure, and interconnectivity 
services that are within the jurisdiction of their re-
spective Tribal lands and Hawaiian Home Lands; 
(6) to encourage Indian Tribes and Native Ha-
waiian organizations to immediately develop and de-
ploy spectrum services over their lands, especially 
broadband and wireless services, to bridge the in-
creasing digital divide over Tribal lands for the real-
ization 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, inter-
active, pre-decisional, informative, and transparent 
consultation with Indian Tribes and Native Hawai-
ian organizations in order for them to obtain free, 
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prior, and informed consent before the approval and 
adoption of administrative measures or agency ac-
tion that affects Tribal lands, or other associated 
Tribal resources, especially where telecommuni-
cations processes and associated information are un-
clear, 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 net-
works 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 allot-
ment of spectrum rights over Tribal lands and Ha-
waiian 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 ORGANIZA-
TIONS’ EXCLUSIVE RIGHT TO ALL AVAILABLE 
OR UNLICENSED ELECTROMAGNETIC SPEC-
TRUM 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. 
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SEC. 5. ACCESS TO SPECTRUM OVER TRIBAL LANDS. 
(a) ELIMINATION OF ALL AUCTIONS, TRIBAL PRI-
ORITY FILING WINDOWS, SECONDARY MARKET OPPOR-
TUNITIES, 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 pur-
pose shall not be subject to any Tribal auctions exe-
cuted by the Commission. 
(2) TRIBAL PRIORITY FILING WINDOWS.—No li-
censes over any Tribal lands for the use of spectrum 
over Tribal lands shall be subject to any Tribal pri-
ority 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-mar-
ket 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. 
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(b) 
ESTABLISHMENT
OF
NEW
CONTRACTUAL 
AGREEMENTS FOR TRIBAL SPECTRUM.— 
(1) IN GENERAL.—At the discretion of an In-
dian Tribe or Native Hawaiian organization, after 
the date of the enactment of this Act, new contracts 
may be established with third-party licensees, quali-
fying Tribal entities, or other Indian Tribes or Na-
tive Hawaiian organizations to assign or lease spec-
trum over the Indian Tribe’s or Native Hawaiian or-
ganization’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 en-
sure 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 organi-
zation’s spectrum to a qualifying Tribal entity, 
third-party licensee, or other Indian Tribe or Native 
Hawaiian organization must meet the following min-
imum requirements and conditions to implement a 
valid contract for spectrum use over Tribal lands: 
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(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 li-
cense or deployment of telecommunications or 
wireless services must be negotiated in good 
faith. 
(C) Rates must be calculated subject to in-
flation costs for the time duration specified 
under the agreement. 
(D) Negotiations must be entered into and 
conducted in good faith, requiring that an In-
dian Tribe, Native Hawaiian organization, 
qualifying Tribal entity, or third-party licensee 
responding to an offer proposed by the request-
ing party must provide reasons for each rejec-
tion of a negotiated offer in writing. 
(E) The party entering into contract nego-
tiations with the Indian Tribe or Native Hawai-
ian organization must have the financial capac-
ity to fulfill its requirement to deploy trans-
actional services on the Tribal lands where the 
spectrum licenses are located and the ability to 
meet its construction requirements. 
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(3) LIMITATIONS.— 
(A) SUBLEASING.—Any qualifying Tribal 
entity, Native Hawaiian organization, other In-
dian 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 auto-
matically revert to the Indian Tribe or Native 
Hawaiian organization for new negotiations and 
the existing contract shall be deemed termi-
nated. 
(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 ei-
ther— 
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(i) terminate the contract or assign-
ment 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 con-
tract with respect to such spectrum li-
censes over Tribal lands; or 
(iii) extend the existing contractual 
terms of such spectrum licenses over Trib-
al lands for an additional 5 years, or a fair 
and reasonable amount of time. 
(C) TERMINATION.— 
(i) REVERSION.—In the event of pre-
mature termination of a contract for as-
signment or lease of spectrum over Tribal 
lands, the spectrum licenses shall auto-
matically revert to the Indian Tribe or Na-
tive Hawaiian organization for new nego-
tiations 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 
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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 In-
dian Tribes’ or Native Hawaiian organiza-
tions’ 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 Ha-
waiian community. 
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(4) ADDITIONAL REQUIREMENTS.—This section 
is subject to additional requirements or other terms 
and conditions as the Commission determines nec-
essary 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 SPEC-
TRUM LICENSES AND SPECTRUM OVER TRIBAL LANDS.— 
(1) INITIATION.—An Indian Tribe, Native Ha-
waiian 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. 
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fying 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 organiza-
tion in perpetuity where the Tribal lands are lo-
cated; 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 spec-
trum license to the Commission, which shall 
subsequently relicense the spectrum licenses 
over the Tribal lands in perpetuity to the In-
dian Tribe, Native Hawaiian organization, or 
qualifying Tribal entity, pursuant to this Act 
and the requirements pursuant to the Commu-
nications Act of 1934 (47 U.S.C. 151 et seq.). 
(3) CONSTRUCTION REQUIREMENT.—If the ex-
isting third-party licensee has not satisfied the appli-
cable construction requirements for the spectrum for 
which it holds licenses over Tribal lands on the date 
on which the Indian Tribe, Native Hawaiian organi-
zation, or qualifying Tribal entity files the Notice of 
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Intent, the spectrum license rights over Tribal lands 
where the spectrum is located will automatically be 
made available to the Indian Tribe or Native Hawai-
ian 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 imme-
diately expire, including all rights to the spectrum li-
censes. The Commission shall then immediately reas-
sign the spectrum licenses for the Tribal lands so 
that the licenses shall immediately revert to the In-
dian Tribe or Native Hawaiian organization where 
the spectrum is geographically located. 
(5) 
ADDITIONAL
CONSTRUCTION
REQUIRE-
MENTS.—The applicable construction requirements 
above are subject to any additional construction re-
quirements determined by the Commission applicable 
to Tribal lands after the date of the enactment of 
this Act. 
(6) ADDITIONAL CONSIDERATIONS.— 
(A) EXPEDITED PROCESS.— 
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(i) IN
GENERAL.—The Commission 
may make additional considerations to ex-
pedite the build or divest process prior to 
the 1-year expiration period where the geo-
graphic coverage area of the spectrum li-
cense on Tribal lands is under duress to 
deploy broadband or telecommunications 
services or for the purpose of access to life- 
saving services, critical government serv-
ices, national or State emergencies, natural 
disasters, or in other circumstances where 
deemed appropriate. 
(ii) CRITICAL
GOVERNMENT
SERV-
ICES, NATIONAL EMERGENCIES, AND NAT-
URAL 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 con-
siderations to expedite the build or divest 
process on Tribal lands where the coverage 
area of the spectrum license is under du-
ress to expedite deployment of services. 
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(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 ex-
isting threat to human life, the Federal 
Government or State government has de-
clared 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 organiza-
tion 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 organiza-
tion over the Tribal lands of which the third- 
party licensee possesses a valid spectrum li-
cense. Considerations of any modified timelines 
must be made with the written consent of the 
Indian Tribe or Native Hawaiian organization. 
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(C) 
OTHER
ADDITIONAL
CONSIDER-
ATIONS.—Additional considerations may be 
made by the Commission where existing tech-
nical rules are insufficient or circumstances are 
present to unnecessarily restrict types of serv-
ices that may be deployed within the Tribal 
lands with the consent of the Indian Tribe or 
Native Hawaiian organization. 
(D) 
ADDITIONAL
RULEMAKING
PRO-
CEEDINGS.—The Commission shall, at the re-
quest of Indian Tribes or Native Hawaiian or-
ganizations, conduct specific rulemaking pro-
ceedings 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 li-
cense over Tribal lands in bad faith, the Indian 
Tribe, Native Hawaiian organization, or qualifying 
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Tribal entity shall have an opportunity to secure the 
Indian Tribe’s or Native Hawaiian organization’s ac-
cess to such spectrum licenses. 
(2) PROCESS.—The Indian Tribe, Native Ha-
waiian 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 li-
cense rights over Tribal lands and make available 
the spectrum license rights to the Indian Tribe, Na-
tive Hawaiian organization, or qualifying Tribal en-
tity 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 organiza-
tion, 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 Ha-
waiian organization, or qualifying Tribal entity may 
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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 orga-
nization, or qualifying Tribal entity to the Commis-
sion. In demonstrating that the third-party licensee 
negotiated in bad faith, the Commission shall evalu-
ate 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 wheth-
er 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 ap-
pointed a negotiating representative with au-
thority to bargain on partitioning and spectrum 
licensing issues. 
(B) The third-party licensee must have 
agreed to meet at reasonable times and loca-
tions with adequate notice. 
(C) The third-party licensee must not have 
acted in a manner that would unduly delay the 
course of negotiations. 
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(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 coun-
terproposals. 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 im-
plementing or concluding action within a rea-
sonable time period with reasonable notice and 
forum requests that are standard for negoti-
ating practices. This standard is also applicable 
to any proposed forum requests by either party. 
Indian Tribes, Native Hawaiian organizations, 
and qualifying Tribal entities availing them-
selves of this process can also make a showing 
that the third-party licensee had reasonable no-
tice 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 ex-
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tenuating circumstances existed that prohibited 
reasonable conduct to execute negotiations. 
(F) The Indian Tribe, Native Hawaiian or-
ganization, 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 Com-
mission may make additional considerations for un-
reasonable behavior or egregious behavior for the to-
tality of the circumstances standard under this sub-
section 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 li-
censee, if such licensee has deployed coverage to at least 
90 percent of the geographic area over the Tribal lands 
within its license coverage area. 
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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 pro-
vide a source of funds for networks and infrastructure 
buildout over Tribal lands, including support for infra-
structure 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 ac-
cess to high-speed wireless broadband services and tele-
communications services and other spectrum use. 
(b) SOURCES OF FUNDING.—In addition to universal 
service contributions under section 254(d) of the Commu-
nications 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)) (notwith-
standing paragraph (8) of such section) and any other ac-
counts 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 addi-
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tional universal service contributions is necessary to en-
sure 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 tele-
communications 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 re-
pairs 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 orga-
nizations, 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 imme-
diate 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 
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Commission shall initiate and complete the rule-
making 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 sub-
section (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 fund-
ing for Indian Tribes, Native Hawaiian organiza-
tions, and qualifying Tribal entities to expedite the 
immediate deployment of current generation or bet-
ter 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-sav-
ing services. 
(2) ADVISORY
AGENCY
MEMORANDUM.—Not 
later than 6 months after the date of the enactment 
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of this Act, the Commission shall provide Indian 
Tribes, Native Hawaiian organizations, and inter-
ested qualifying Tribal entities with an advisory 
agency memorandum on the issues addressed in 
paragraph (1). Such memorandum shall clearly out-
line the comment process and timeline for responses. 
(3) NOTICE OF PROPOSED RULEMAKING.—Not 
later than 12 months after the date of the enact-
ment of this Act, the Commission shall release a No-
tice of Proposed Rulemaking, as described in para-
graph (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 Commis-
sion’s permanent Tribal Broadband Fund. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit Indian Tribes, Native Ha-
waiian organizations, or qualifying Tribal entities from ac-
cessing existing or additional funding through the Com-
mission or any other Federal agency. 
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SEC. 8. DIRECTING THE COMMISSION TO ENGAGE IN RULE-
MAKING PROCEEDINGS FOR BROADBAND DE-
VELOPMENT ON TRIBAL LANDS. 
(a) PURPOSE.—The purpose of this section is to re-
quire 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 ini-
tiated 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.—No-
tices of Proposed Rulemaking shall be issued not 
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later than 18 months after the date of the enact-
ment 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 ini-
tiate 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 organiza-
tions 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 tele-
communications providers, and Tribal organizations 
with telecommunications expertise. 
(2) PRIMARY GOAL.—The primary goal of the 
rulemaking under paragraph (1) shall be to deter-
mine how the Commission can best establish a bind-
ing agency policy for Tribal consultation for policy 
development and agency action to provide proper no-
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tice and guidance, introduce mapping tools, provide 
robust outreach, and make government-to-govern-
ment 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 
con-
ducting the rulemaking under paragraph (1), the 
Commission shall engage with Native Hawaiian or-
ganizations, and appropriate authorities of the State 
of Hawaii, to identify and designate potential exist-
ing entities within the State government of Hawaii, 
and the Native Hawaiian organizations or the com-
munity, 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 con-
sultation meetings shall be made open to the public 
and subject to reasonable and timely notice pub-
lished in the Federal Register, and through other 
appropriate public methods, not later than 30 days 
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prior to the scheduled meeting. The Commission 
shall make additional considerations for adequate 
notification to Indian Tribes, Native Hawaiian orga-
nizations, and interested qualifying Tribal entities, 
that lack telecommunications services on Tribal 
lands. 
(5) ADDITIONAL
CONSULTATION
AND
NO-
TICE.—Open and public Tribal consultation and ap-
propriate notice and outreach to Indian Tribes, Na-
tive Hawaiian organizations, and interested quali-
fying Tribal entities shall be presented during each 
of the additional rulemakings prescribed in this sec-
tion. The Commission shall conduct each such addi-
tional rulemaking in accordance with the rules for 
consultation issued by the Commission in the rule-
making 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 telecommuni-
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cations, broadband, and wireless services, or 
other full use of spectrum or infrastructure de-
velopment over Tribal lands for critical govern-
ment services and national emergencies. 
(B) ONAP FEDERAL
FUNDING
DIREC-
TOR.—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 Fund-
ing Director. The Director shall have the fol-
lowing duties: 
(i) To coordinate with Indian Tribes, 
Native Hawaiian organizations, and inter-
ested qualifying Tribal entities to access 
the Commission’s funding opportunities, or 
other funding opportunities that may be 
available through other agencies, and as-
sist with the application processes for the 
Tribal Broadband Fund and other uni-
versal 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 as-
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sist with expedited wireless broadband 
service and other telecommunications de-
ployment 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, quali-
fying Tribal entities, and Native Hawaiian or-
ganizations to engage with other Indian Tribes, 
qualifying Tribal entities, and Native Hawaiian 
organizations for leasing and assignment oppor-
tunities for the purpose of economic and busi-
ness development on Tribal lands for partici-
pants 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 Fed-
eral trust responsibility, Tribal self-governance, 
and to develop robust economic resources on 
Tribal lands, the Commission shall make all un-
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wanted spectrum over Tribal lands available to 
other Indian Tribes, Native Hawaiian organiza-
tions, and qualifying Tribal entities through the 
Tribal Spectrum Market and notify other In-
dian Tribes, Native Hawaiian organizations, 
and interested qualifying Tribal entities identi-
fied under subsection (c) through adequate no-
tification processes established under this Act. 
Participants identified under this subsection 
must provide written consent to the Commis-
sion 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 DE-
PLOYMENT OF TRIBAL BROADBAND, WIRELESS SERV-
ICES, AND SPECTRUM.— 
(1) AREAS OF TRIBAL INTERESTS AND NON- 
GEOGRAPHICALLY DEFINED AREAS.—The Commis-
sion shall initiate and complete a rulemaking pro-
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ceeding to address unique land status on Tribal 
lands and associated undefined geographic areas of 
interest, including— 
(A) spectrum that is not geographically de-
fined due to spectrum propagation characteris-
tics; and 
(B) with respect to the build or divest 
process under section 6(a), questions over con-
trol of meteorological spectrum licenses over 
Tribal lands. 
(2) PRIMARY TRIBAL AREAS OF INTEREST.— 
The Commission shall initiate and complete a rule-
making proceeding to create licensing areas for In-
dian Tribes, Native Hawaiian organizations, and 
qualifying Tribal entities to provide spectrum li-
censes covering areas that are primary Tribal areas 
of interest, including noncontiguous land holdings, 
small or uniquely situated Indian Tribes, and unde-
fined Tribal lands or undefined Hawaiian Home 
Lands. Such proceeding shall also address deploy-
ment of digital services and other full use of spec-
trum over Tribal lands, including spectrum develop-
ment, infrastructure, and deployment of wireless 
broadband service and other wireless services for 
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landless Indian Tribes or Native Hawaiian commu-
nities. 
(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 orga-
nizations’, 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 li-
censes. 
(4) MILITARY, 
NATIONAL
SECURITY, 
AND 
INTERNATIONAL
LAWS
FOR
SPECTRUM
MANAGE-
MENT 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 coordina-
tion that— 
(A) addresses— 
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(i) the relationship of spectrum over 
Tribal lands to spectrum used by the Fed-
eral Government, including the Depart-
ment of Defense; and 
(ii) the relationship of spectrum over 
Tribal lands to international laws and ne-
gotiations 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 co-
ordination. 
(5) NEW BUILDOUT REQUIREMENTS FOR EX-
ISTING LICENSE HOLDERS.—In carrying out section 
6(a) (relating to the build or divest process), the 
Commission shall do the following: 
(A) ADDITIONAL CONSTRUCTION REQUIRE-
MENTS
FOR
LARGE
OR
REMOTE
TRIBAL 
LANDS.—Where an existing third-party licensee 
has satisfied the applicable construction re-
quirements for a license over Tribal lands, yet 
the area that the license covers remains under-
served, the Commission shall initiate and com-
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plete 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
CONSIDER-
ATIONS.—Subject to section 6(a), the Commis-
sion 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. Con-
siderations 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 serv-
ices over Tribal lands as defined under this Act, 
including existing reservations, landless Indian 
Tribes, noncontiguous land holdings, uniquely 
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situated Indian Tribes, and the Hawaiian Home 
Lands. 
(B) REQUIREMENTS.—In carrying out sub-
paragraph (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 RE-
QUIREMENTS TO EXPEDITE DEPLOYMENT OF WIRE-
LESS 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 require-
ments shall preempt buildout requirements es-
tablished before the date of the enactment of 
this Act. 
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(B) PURPOSES.—The purpose of the estab-
lishment of these new buildout requirements is 
not intended to revoke spectrum licenses from 
third-party licensees, but to ensure that devel-
opment 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 es-
tablish 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 met-
ropolitan 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 Commis-
sion shall, in conjunction with the Secretary of 
the Interior or the heads of other participating 
Federal agencies, initiate and complete a rule-
making proceeding to issue nonbinding, model 
regulations for grants of rights-of-way over 
Tribal lands for the potential development of 
telecommunications infrastructure. If the Com-
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mission, the Secretary of the Interior, or the 
head of another participating Federal agency 
initiates and completes an aforementioned rule-
making proceeding without pre-decisional, in-
formative, and transparent Tribal consultation, 
as specified under subsection (c), it shall be in-
valid 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 build-
out proposals and broadband deployment gen-
erally as it relates to Indian Tribes, Native Ha-
waiian organizations or communities, and Trib-
al lands, including the following: 
(i) Permitting and review process gen-
erally, 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 
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III of title 54, United States Code (for-
merly 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 Hawai-
ian organizations, and Tribal lands with 
respect to the impacts of expedited permit-
ting decisions and buildout requirements 
for broadband projects or other future de-
velopment of telecommunications infra-
structure or spectrum development over 
Tribal lands and deployment of new gen-
eration networks, with an emphasis on 5G 
networks generally. 
(vi) Procedural proposals on how to 
best establish robust Tribal consultation 
between Indian Tribes and Native Hawai-
ian organizations and the Commission, and 
other associated Federal agencies, for the 
development of optional rights-of-way for 
broadband deployment, spectrum use or 
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development, or telecommunications infra-
structure. 
SEC. 9. TECHNICAL ASSISTANCE FOR SPECTRUM MANAGE-
MENT, 
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 assist-
ance 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 quali-
fying Tribal entity that submitted the request, including 
deployment of wireless services or other full use of spec-
trum over Tribal lands. This technical assistance and 
guidance shall include the following: 
(1) Best practices for Indian Tribes, Native 
Hawaiian organizations, and qualifying Tribal enti-
ties to secure access to spectrum and manage spec-
trum. 
(2) How to best expedite the immediate deploy-
ment of broadband and telecommunications services 
or other full use of spectrum over Tribal lands, in-
cluding support for— 
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(A) infrastructure development, fiber build-
out, 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 manage-
ment, deployment of wireless services, infrastructure 
development, or other full use of spectrum over Trib-
al lands, or related activities, including coordinating 
with all applicable agencies with available Federal 
funding opportunities for which Indian Tribes, Na-
tive Hawaiian organizations, and qualifying Tribal 
entities are eligible to apply to further support de-
ployment of broadband on Tribal lands. 
(b) CONTRACTUAL AGREEMENTS AND NOTICE OF IN-
TENT REQUIREMENTS.—The Commission, acting through 
the Office of Native Affairs and Policy, shall provide tech-
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nical assistance and guidance to the Indian Tribe, Native 
Hawaiian organization, and qualifying Tribal entity that 
submitted the request on the activities under this Act, in-
cluding, 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 relat-
ing 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 participa-
tion in the Tribal Spectrum Market; and 
(2) filing a Notice of Intent and associated pro-
cedures and timelines specified under section 6. 
(c) WIRELESS
BROADBAND
DEPLOYMENT
AND 
ADOPTION.— 
(1) IN GENERAL.—The Commission shall, act-
ing through the Office of Native Affairs and Policy 
and at the request of an Indian Tribe, Native Ha-
waiian organization, or qualifying Tribal entity, pro-
vide technical assistance to apply for and participate 
in the Tribal Broadband Fund, other universal serv-
ice support mechanisms, and the Tribal Spectrum 
Market. Requests under this paragraph from Indian 
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Tribes, Native Hawaiian organizations, and quali-
fying Tribal entities shall receive priority where tele-
communications 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 infra-
structure, 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 Ha-
waiian organizations, qualifying Tribal entities, the 
Director of the Department of Hawaiian Home 
Lands, inter-Tribal government organizations, and 
universities and colleges with Tribal serving institu-
tions 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 
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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 Fed-
eral elections and census activities are carried out) to re-
solve barriers to the deployment and adoption of wireless 
broadband service and other services provided using spec-
trum, including— 
(1) classes or other education related to com-
puter literacy; 
(2) acquisition of computers and related hard-
ware and software; 
(3) use of wireless broadband service and com-
puters for public safety and emergency communica-
tions services and interoperability; 
(4) use of spectrum and wireless broadband 
service and computers where Tribal, State, and Fed-
eral elections and census activities are carried out; 
(5) use of spectrum and wireless broadband 
service and computers to respond to public emer-
gencies, including health and biohazard threats and 
natural disasters; and 
(6) such other areas as the Commission, or rel-
evant Federal agencies that have a role conducting 
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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 en-
gagement with Indian Tribes, Native Hawaiian organiza-
tions 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 re-
port on the deployment of broadband and a spectrum li-
cense inventory over Tribal lands that include the fol-
lowing information: 
(1) The Commission’s work with Indian Tribes, 
Native Hawaiian organizations, qualifying Tribal en-
tities, 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 
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other full use of spectrum over Tribal lands, activi-
ties executed through the Office of Native Affairs 
and Policy, rulemakings that have been executed re-
lated to such matters under this Act, and general 
updates. 
(2) The Commission’s data collection on wheth-
er spectrum license and auction applicants and exist-
ing spectrum license holders over Tribal lands are ei-
ther 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 spec-
trum licenses and new agreements established under 
section 5(b). 
(3) A verification that the Commission has pro-
vided information about assigned and unassigned li-
censes and license holders to the Indian Tribe, Na-
tive Hawaiian organization, or qualifying Tribal en-
tity where the licenses are geographically located, in-
cluding a detailed description of the licenses, license 
holders, and the Indian Tribe, Native Hawaiian or-
ganization, or qualifying Tribal entity to which the 
information was provided. 
(4) Verification that the Commission has made 
contact information easily accessible for Indian 
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Tribes, Native Hawaiian organizations, and quali-
fying Tribal entities about participation in any op-
portunities to operate spectrum licenses over Tribal 
lands, secondary market opportunities, and the re-
spective 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 organi-
zations, and qualifying Tribal entities to obtain spec-
trum 
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 enti-
ties are eligible to apply to further support deploy-
ment 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 
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submit all annual reporting and recommendations devel-
oped 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 Sen-
ate; 
(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 telecommuni-
cations expertise; and 
(9) requesting qualifying Tribal entities. 
SEC. 11. DEFINITIONS. 
In this Act: 
(1) ADVISORY
AGENCY
MEMORANDUM.—The 
term ‘‘advisory agency memorandum’’ means docu-
mentation to be produced by the Commission after 
each Tribal consultation, prior to the development of 
Commission policy, or execution of Commission ac-
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tion that impacts Tribal interests or Tribal lands. 
The purpose of such documentation is to make avail-
able to the public documentation of the proactive 
measures of the Commission to provide proper notice 
and guidance, introduce policy proposals, provide ro-
bust 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 estab-
lish the scope, purpose, timelines, relevant Bureaus 
and Offices of the Commission, and relevant Com-
mission actor for each Tribal consultation. Such doc-
umentation shall include the method for dissemi-
nating information to the public, and the dates and 
method of outreach to the relevant Indian Tribes, 
Native Hawaiian organizations, and interested quali-
fying Tribal entities. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(3) CRITICAL
GOVERNMENT
SERVICE.—The 
term ‘‘critical government service’’ means any serv-
ice provided by an Indian Tribe or Native Hawaiian 
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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-govern-
ance; 
(B) control internal relations; 
(C) create economic development and the 
opportunity for residents of Tribal lands, In-
dian Tribes, Native Hawaiian organizations, 
and qualifying Tribal entities to engage in the 
broadband economy, telecommunications mar-
kets, and future development of spectrum; 
(D) regulate Tribal lands and internal do-
mestic relations; or 
(E) manage governmental services, build-
ings, 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 librar-
ies, Tribal chapter houses, long houses, 
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senior centers, community centers, and 
other similar government buildings of an 
Indian Tribe or Native Hawaiian organiza-
tion with community purpose); 
(viii) cultural and language preserva-
tion; 
(ix) voting and services relating to 
voting in Tribal, State, and Federal elec-
tions; 
(x) services relating to the Federal 
census count, for the general welfare and 
sustainability of its Tribal lands or mem-
bership, and realization of full autonomy of 
resource management and economic devel-
opment, activity, and opportunity; or 
(xi) additional essential governmental 
services, including infrastructure and eco-
nomic development, that provide support to 
an Indian Tribe’s programs and services. 
(4) 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-
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ated Commission programs and funding opportuni-
ties, and other related resources to expedite the im-
mediate deployment and full access to telecommuni-
cations, broadband, spectrum, and wireless services 
available for effective and efficient use on Tribal 
lands. 
(5) HAWAIIAN HOME LANDS.—The term ‘‘ Ha-
waiian Home Lands’’ means lands held in trust for 
Native Hawaiians by Hawaii pursuant to the Hawai-
ian Homes Commission Act, 1920. 
(6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means the governing body of any individually identi-
fied and federally recognized Indian or Alaska Na-
tive 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; 
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(iii) that has as a primary and stated 
purpose the provision of services to Native 
Hawaiians; 
(iv) that is recognized for having ex-
pertise in Native Hawaiian affairs, includ-
ing digital connectivity and broadband ac-
cess; 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 des-
ignated by the Indian Tribe with jurisdiction over 
particular Tribal lands for which the spectrum ac-
cess 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 corpora-
tions created under section 17 of the Indian Re-
organization Act (25 U.S.C. 5124), and created 
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under section 4 of the Oklahoma Indian Wel-
fare Act (25 U.S.C. 5204). 
(D) Entities that are more than 50 percent 
owned and controlled by an Indian Tribe or In-
dian 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 In-
dian Tribes have both de facto and de jure control 
of the entity. De jure control of the entity is evi-
denced 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 com-
mittee of the entity. 
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(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 deci-
sions of the entity. 
(D) The Indian Tribe or Indian Tribes 
have the authority to make decisions or other-
wise engage in practices or activities that deter-
mine or significantly influence— 
(i) the nature or types of services of-
fered by such an entity; 
(ii) the terms upon which such serv-
ices are offered; or 
(iii) the prices charged for such serv-
ices. 
(10) 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. 
(11) 
THIRD-PARTY
LICENSEE.—The 
term 
‘‘third-party licensee’’ means a third party or quali-
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fying Tribal entity that possesses valid spectrum li-
cense rights over Tribal lands, or an eligible third- 
party licensee that an Indian Tribe or Native Ha-
waiian organization chooses to negotiate spectrum li-
censes 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 require-
ments. 
(12) TRIBAL
BROADBAND
FUND.—The term 
‘‘Tribal Broadband Fund’’ means the additional uni-
versal service support mechanism established by the 
Commission under section 7 to provide Federal 
funding to Indian Tribes, Native Hawaiian organiza-
tions, and qualifying Tribal entities from universal 
service contributions, auctions proceeds, or any other 
accounts or reserve funds available to the Commis-
sion, for the purpose of providing a source of sup-
port for infrastructure deployment, ‘‘middle mile’’ 
and long haul fiber buildout, adoption of digital lit-
eracy, and other related resources to expedite the 
immediate deployment of and full access to tele-
communications, broadband, spectrum use and fu-
ture development, wireless services (including wire-
less broadband service), and other purposes specified 
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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 Coun-
try’’ 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 in-
cludes 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. 
Æ 
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