I 
116TH CONGRESS 
2D SESSION 
H. R. 5850 
To expedite and streamline the deployment of affordable broadband service 
on Tribal land, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2020 
Mr. GALLEGO (for himself, Ms. HAALAND, Mr. COLE, Mr. HUFFMAN, Ms. 
MOORE, Mr. KILMER, Mr. LUJA´N, and Mr. CASE) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Agriculture, and Natural 
Resources, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To expedite and streamline the deployment of affordable 
broadband service on Tribal land, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Bridging the Tribal Digital Divide Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
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TITLE I—INTERAGENCY COORDINATION PROGRAM 
Sec. 101. Purpose. 
Sec. 102. Interagency working group. 
Sec. 103. Tribal broadband deployment plan. 
Sec. 104. Streamlined applications for support. 
Sec. 105. Tribal Broadband Deployment Advisory Committee. 
TITLE II—TRIBAL SET-ASIDE 
Sec. 201. Rural Utilities Service. 
Sec. 202. Universal Service Fund. 
TITLE III—UNIVERSAL SERVICE ON TRIBAL LAND 
Sec. 301. Universal service on Tribal land. 
TITLE IV—TRIBAL BROADBAND FACTOR 
Sec. 401. Tribal broadband factor. 
TITLE V—BROADBAND RIGHTS-OF-WAY 
Sec. 501. Pilot program for Tribal grant of rights-of-way for broadband facili-
ties. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Rural Utili-
ties Service. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(3) BROADBAND; BROADBAND
SERVICE.—The 
term ‘‘broadband’’ or ‘‘broadband service’’ has the 
meaning given the term ‘‘broadband internet access 
service’’ in section 8.1 of title 47, Code of Federal 
Regulations, or any successor regulation. 
(4) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
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(5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 3 of the 
Communications Act of 1934 (47 U.S.C. 153), as 
amended by section 301 of this Act. 
(6) TRIBAL
BROADBAND
BENCHMARK.—The 
term ‘‘Tribal broadband benchmark’’ means the 
minimum acceptable level of broadband service on 
Tribal land, which shall consist of— 
(A) speed that is not slower than the speed 
required for the service to qualify as an ad-
vanced telecommunications capability, as that 
term is defined in section 706(d) of the Tele-
communications Act of 1996 (47 U.S.C. 
1302(d)), as of the date on which that speed is 
measured; and 
(B) network round trip latency that is at 
or below 100 milliseconds for not less than 95 
percent of all peak period measurements of net-
work round trip latency. 
(7) TRIBAL ENTITY.—The term ‘‘Tribal entity’’ 
has the meaning given the term in section 3 of the 
Communications Act of 1934 (47 U.S.C. 153), as 
amended by section 301 of this Act. 
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(8) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the governing body of a Tribal 
entity. 
(9) TRIBAL
LAND.—The term ‘‘Tribal land’’ 
has the meaning given the term in section 3 of the 
Communications Act of 1934 (47 U.S.C. 153), as 
amended by section 301 of this Act. 
(10) UNDERSERVED TRIBAL ENTITY.— 
(A) IN GENERAL.—The term ‘‘underserved 
Tribal entity’’ means a Tribal entity, the Tribal 
land of which— 
(i) lacks affordable broadband service; 
or 
(ii) 
has 
subscription 
rates 
for 
broadband service that are below 80 per-
cent, as determined by the Commission. 
(B) ASSOCIATED
DEFINITION.—In this 
paragraph, the term ‘‘affordable broadband 
service’’ means broadband service on Tribal 
land, the rates for which are not more than the 
average rates charged for broadband service in 
the 5 nearest municipalities to that Tribal land 
that have a population of more than 10,000 in-
dividuals, as determined by the Commission. 
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(11) WORKING
GROUP.—The term ‘‘Working 
Group’’ means the Tribal Broadband Interagency 
Working Group established under section 102. 
TITLE I—INTERAGENCY 
COORDINATION PROGRAM 
SEC. 101. PURPOSE. 
The purpose of this title is to— 
(1) expedite and streamline the deployment of 
affordable broadband service on Tribal land through 
the coordination of grants or other financial assist-
ance; 
(2) improve the effectiveness of Federal assist-
ance in meeting the obligation of the Commission to 
ensure universal availability of broadband networks 
to all people of the United States, including individ-
uals living on Tribal land; and 
(3) ensure the preservation and protection of 
self-governance, economic opportunity, health, edu-
cation, public safety, and welfare of Tribal entities. 
SEC. 102. INTERAGENCY WORKING GROUP. 
(a) ESTABLISHMENT.—The Assistant Secretary and 
the Secretary of Agriculture shall jointly establish a work-
ing group to be known as the ‘‘Tribal Broadband Inter-
agency Working Group’’ to carry out the duties described 
in subsection (c). 
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(b) ADMINISTRATION.— 
(1) CHAIRS.—The Assistant Secretary and the 
Administrator shall serve as co-chairs of the Work-
ing Group. 
(2) MEMBERSHIP; STAFFING.—The Assistant 
Secretary and the Administrator, in consultation 
with the Tribal Broadband Deployment Advisory 
Committee established under section 105, shall de-
termine the membership and staffing of the Working 
Group. 
(c) DUTIES.—The Working Group shall— 
(1)(A) serve as a forum for improving coordina-
tion across Federal broadband programs that are 
available to Tribal entities; 
(B) reduce regulatory barriers to broadband de-
ployment on Tribal land; 
(C) promote awareness of the value and avail-
ability of Federal support for broadband deployment 
on Tribal land; and 
(D) develop common Federal goals, perform-
ance measures, and plans to deploy affordable 
broadband to Tribal land; 
(2) not later than 1 year after the date of en-
actment of this Act, and biennially thereafter, issue 
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a strategic plan regarding Tribal broadband deploy-
ment activities, priorities, and objectives; 
(3) promote coordination of the activities of 
Federal agencies on Tribal broadband deployment 
activities, including the activities of— 
(A) the Department of Agriculture; 
(B) the Department of Commerce; 
(C) the Department of Education; 
(D) the Department of Health and Human 
Services; 
(E) the Department of Housing and Urban 
Development; 
(F) the Department of the Interior; 
(G) the Department of Labor; 
(H) the Commission; 
(I) the Institute of Museum and Library 
Services; and 
(J) any other Federal agency that the 
Working Group considers appropriate; 
(4) provide technical assistance for the develop-
ment of Tribal broadband deployment plans to meet 
the Tribal broadband benchmark; 
(5) under section 104, develop a streamlined 
and standardized application process for grants and 
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other financial assistance to advance the deployment 
of broadband on Tribal land; 
(6) promote information exchange between Fed-
eral agencies— 
(A) to identify and document Federal and 
non-Federal programs and funding opportuni-
ties that support Tribal broadband deployment; 
and 
(B) if practicable, to leverage existing pro-
grams by encouraging joint solicitations, block 
grants, and matching programs with non-Fed-
eral entities; and 
(7) develop a standardized form that identifies 
all applicable Federal statutory provisions, regula-
tions, policies, or procedures that the Working 
Group determines are necessary to adhere to in 
order to implement a Tribal broadband deployment 
plan. 
SEC. 103. TRIBAL BROADBAND DEPLOYMENT PLAN. 
(a) IDENTIFICATION OF UNDERSERVED TRIBAL EN-
TITIES.—Not later than 180 days after the date of enact-
ment of this Act, the Chairman of the Commission, in co-
ordination with the Secretary of the Interior, shall identify 
each underserved Tribal entity and publish a list of such 
entities in the Federal Register. 
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(b) NOTICE TO UNDERSERVED TRIBAL ENTITIES.— 
Not later than 30 days after the date on which the list 
is published in the Federal Register under subsection (a), 
the Working Group shall send notice to each underserved 
Tribal entity on the list inviting the entity to request tech-
nical assistance for the development of a Tribal broadband 
deployment plan under this section. 
(c) TECHNICAL ASSISTANCE.—At the request of an 
underserved Tribal entity, the Working Group shall pro-
vide the entity with technical assistance to facilitate the 
development, adoption, and deployment of a Tribal broad-
band development plan detailing the current and projected 
efforts of the entity to meet the Tribal broadband bench-
mark. 
(d) PLAN ELEMENTS.—Each Tribal broadband de-
ployment plan developed under this section shall— 
(1) describe a comprehensive strategy identi-
fying the full range of options to meet the Tribal 
broadband benchmark; 
(2) describe all available Federal programs that 
are available to assist the applicable underserved 
Tribal entity in meeting the Tribal broadband 
benchmark; 
(3) describe the way in which Federal program 
activities and funds shall be integrated, consolidated, 
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and delivered to the applicable underserved Tribal 
entity to meet the Tribal broadband benchmark; 
(4) describe the results expected from imple-
menting the plan, including the expected number of 
additional households or participants that would be 
served due to the implementation of the plan; 
(5) identify the projected non-Federal expendi-
tures under the plan; 
(6) identify any agency of the applicable under-
served Tribal entity that will be involved in the deliv-
ery of the services integrated under the plan; 
(7) identify all applicable Federal, State, and 
Tribal statutory provisions, regulations, policies, or 
procedures that the Working Group determines are 
necessary to adhere to in order to implement the 
plan; 
(8) identify opportunities for the applicable un-
derserved Tribal entity to purchase spectrum; and 
(9) identify— 
(A) deployment obstacles; and 
(B) activities that are necessary to ensure 
access to affordable broadband, including dig-
ital literacy training, technical support, privacy 
and cybersecurity expertise, or other end-user 
technology needs. 
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(e) PROMOTING BROADBAND AVAILABILITY.—The 
Working Group shall work in partnership with State, local, 
and Tribal governments, and consumer and industry 
groups, to promote broadband availability to each under-
served Tribal entity, including consumers in rural and 
high-cost areas that are adjacent to Tribal land. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Working Group to 
carry out section 102 and this section $5,000,000 for each 
of fiscal years 2020 through 2025, to remain available 
until expended. 
SEC. 104. STREAMLINED APPLICATIONS FOR SUPPORT. 
(a) AGENCY CONSULTATION.—The Assistant Sec-
retary shall consult with each Federal agency that offers 
a Federal broadband support program to Tribal entities 
to streamline and standardize the application process for 
grants or other financial assistance under the program. 
(b) AGENCY STREAMLINING.—A Federal agency that 
offers a Federal broadband support program to Tribal en-
tities shall amend the application for broadband support 
from the program, to the extent practicable and as nec-
essary, in order to streamline and standardize applications 
for Federal broadband support programs across the Fed-
eral Government. 
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(c) SINGLE APPLICATION.—To the greatest extent 
practicable, the Assistant Secretary shall seek to create 
1 application that may be submitted to apply for support 
from all Federal broadband support programs. 
(d) CENTRAL WEBSITE.—Not later than 180 days 
after the date of enactment of this Act, the Assistant Sec-
retary shall create a central website through which a po-
tential applicant can learn about and apply for support 
from any Federal broadband support program. 
SEC. 105. TRIBAL BROADBAND DEPLOYMENT ADVISORY 
COMMITTEE. 
(a) ESTABLISHMENT.—There is established the Trib-
al Broadband Deployment Advisory Committee (referred 
to in this section as the ‘‘Committee’’). 
(b) PURPOSES; SCOPE OF ACTIVITIES.— 
(1) PURPOSES.—The purposes of the Com-
mittee are— 
(A) to make recommendations to Congress 
regarding how to accelerate the deployment of 
broadband service on Tribal land by— 
(i) reducing or removing statutory and 
regulatory barriers to investment in broad-
band infrastructure; and 
(ii) strengthening existing broadband 
networks on Tribal land; and 
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(B) to provide an effective means for Trib-
al entities to engage with governmental entities 
and professionals with expertise and back-
grounds in broadband, telecommunications, in-
formation technology, and infrastructure de-
ployment and adoption in the areas covered by 
the Committee to exchange ideas and develop 
recommendations to Congress regarding the de-
ployment of broadband on Tribal land. 
(2) CONSIDERATION
OF
ISSUES.—The Com-
mittee may consider issues that include— 
(A) measures to prepare for, respond to, 
and recover from disasters that impact broad-
band networks; 
(B) new ways of encouraging deployment 
of broadband infrastructure and services on 
Tribal land; and 
(C) other ways to accelerate the deploy-
ment of broadband infrastructure to Tribal 
land. 
(c) DUTIES.—The Committee shall provide rec-
ommendations to Congress on issues relating to the de-
ployment of broadband on Tribal land. 
(d) MEMBERSHIP.— 
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(1) IN GENERAL.—The Committee shall consist 
of 16 voluntary representatives as follows: 
(A) Twelve authorized representatives of 
Tribal governments, each of whom shall rep-
resent a different Bureau of Indian Affairs re-
gion. 
(B) Four authorized representatives of 
Tribal governments, each of whom shall serve 
as an at-large representative. 
(2) QUALIFICATIONS.—Each member of the 
Committee described in paragraph (1) shall— 
(A) be an elected Tribal official or author-
ized representative of an elected Tribal official; 
(B) act in the official capacity of the mem-
ber as an elected official of the entity; 
(C) have the authority to participate on be-
half of the Tribe; and 
(D) be qualified to represent the views of 
all Tribal entities located in the region of the 
Bureau of Indian Affairs represented by the 
member. 
(3) CHAIR.—The Assistant Secretary shall ap-
point a Chair of the Committee, who shall— 
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(A) approve or call all of the meetings of 
the Committee and subcommittees of the Com-
mittee; 
(B) prepare and approve all meeting agen-
das; 
(C) attend all Committee and subcommit-
tee meetings; 
(D) adjourn any meeting when the Chair 
determines that adjournment to be in the public 
interest; and 
(E) chair meetings when directed to do so 
by the Assistant Secretary. 
(e) MEETINGS.— 
(1) FREQUENCY.—The Committee shall meet 
not less frequently than 3 times per year. 
(2) TRANSPARENCY.—The meetings of the 
Committee shall be open to the public and timely no-
tice of each such meeting shall be published— 
(A) in the Federal Register; and 
(B) through other appropriate methods. 
(f) SUPPORT.— 
(1) FACILITIES
AND
STAFF.—The Assistant 
Secretary shall provide the facilities and support 
staff necessary to conduct meetings of the Com-
mittee. 
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(2) COMPENSATION.—A member of the Com-
mittee shall serve without any compensation from 
the Federal Government. 
(3) TRAVEL
EXPENSES.—A member of the 
Committee shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for an employee of an agency under subchapter 
I of chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Committee. 
TITLE II—TRIBAL SET-ASIDE 
SEC. 201. RURAL UTILITIES SERVICE. 
(a) TRIBAL SET-ASIDE.—Notwithstanding any other 
provision of law, effective beginning in fiscal year 2020 
and for each fiscal year thereafter, the Secretary of Agri-
culture (referred to in this section as the ‘‘Secretary’’) 
shall set aside for broadband adoption and deployment on 
Tribal land not less than 20 percent of the amounts made 
available for that fiscal year for each of the following: 
(1) The Telecommunications Infrastructure 
Loan and Loan Guarantee Program established 
under the Rural Electrification Act of 1936 (7 
U.S.C. 901 et seq.). 
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(2) The initiative under section 306F of that 
Act (7 U.S.C. 936f). 
(3) The Community Connect Grant Program 
established under section 604 of that Act (7 U.S.C. 
950bb–3). 
(4) Financial assistance under chapter 1 of sub-
title D of title XXIII of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 950aaa 
et seq.), under section 2335A of that Act (7 U.S.C. 
950aaa–5). 
(5) The broadband loan and grant pilot pro-
gram described in section 779 of division A of the 
Consolidated Appropriations Act, 2018 (Public Law 
115–141). 
(b) COMMUNITY CONNECT GRANT PROGRAM.— 
(1) DEFINITION OF ELIGIBLE ENTITY.—Section 
604(a)(3) of the Rural Electrification Act of 1936 
(7 U.S.C. 950bb–3(a)(3)) is amended— 
(A) in subparagraph (A)(i)(II), by striking 
‘‘or Tribal organization’’ and inserting ‘‘, Tribal 
organization, or Indian-owned business (as de-
fined in section 3 of the Native American Busi-
ness Development, Trade Promotion, and Tour-
ism Act of 2000 (25 U.S.C. 4302))’’; and 
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(B) in subparagraph (B)(ii), by inserting 
‘‘, unless the partnership is an Indian-owned 
business (as defined in section 3 of the Native 
American Business Development, Trade Pro-
motion, and Tourism Act of 2000 (25 U.S.C. 
4302))’’ before the period at the end. 
(2) EXEMPTION FROM MATCHING FUNDS RE-
QUIREMENT.—Section 604(e)(1) of the Rural Elec-
trification Act of 1936 (7 U.S.C. 950bb–3(e)(1)) is 
amended by inserting ‘‘(other than an underserved 
Tribal entity (as defined in section 2 of the Bridging 
the Tribal Digital Divide Act of 2020))’’ after ‘‘eligi-
ble entity’’. 
(3) EXEMPTION FROM APPLICATION REQUIRE-
MENTS.—Section 604(f) of the Rural Electrification 
Act of 1936 (7 U.S.C. 950bb–3(f)) is amended by 
adding at the end the following: 
‘‘(3) EXEMPTIONS
FOR
TRIBAL
ENTITIES.— 
Notwithstanding paragraphs (1) and (2), the Sec-
retary shall not require a Tribal entity (as defined 
in section 2 of the Bridging the Tribal Digital Di-
vide Act of 2020) to submit a system design de-
scribed in subsection (d) of section 1739.15 of title 
7, Code of Federal Regulations (or successor regula-
tions), or financial information described in sub-
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section (h)(2) of that section, to be eligible to receive 
a grant under the Program.’’. 
(c) BROADBAND LOAN
AND GRANT PILOT PRO-
GRAM.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, a Tribal entity shall be considered 
to be eligible for funding under the broadband loan 
and grant pilot program described in section 779 of 
division A of the Consolidated Appropriations Act, 
2018 (Public Law 115–141; 132 Stat. 399). 
(2) EXEMPTIONS.—The Secretary of Agri-
culture shall exempt underserved Tribal entities 
from the application requirements under the pilot 
program described in paragraph (1)— 
(A) to submit a network design; and 
(B) to provide a matching contribution 
equal to 25 percent of the overall cost of the 
project. 
SEC. 202. UNIVERSAL SERVICE FUND. 
(a) UNIVERSAL SERVICE GENERALLY.—Not later 
than 180 days after the date of enactment of this Act, 
the Commission shall promulgate regulations under which 
the Commission, on and after the effective date of the reg-
ulations, shall— 
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(1) set aside 5 percent of the amounts allocated 
for each Federal universal service support program 
established under section 254 of the Communica-
tions Act of 1934 (47 U.S.C. 254), including each 
program carried out under subparts D through G 
and J through M of part 54 of title 47, Code of 
Federal Regulations, or any successor regulations; 
and 
(2) with respect to the amount set aside from 
each program under paragraph (1), distribute that 
amount for the purpose of expanding access to 
broadband service on Tribal land, in accordance with 
the otherwise applicable requirements of the pro-
gram. 
(b) LIFELINE PROGRAM.— 
(1) INITIAL INCREASE IN TRIBAL LAND SUP-
PORT AMOUNT.—For the first 12-month period be-
ginning 2 years after the date of enactment of this 
Act, in the case of Tribal land pertaining to a Tribal 
entity that has not met the Tribal broadband bench-
mark, the Commission shall increase the monthly 
cap on additional Federal lifeline support made 
available to an eligible telecommunications carrier 
providing Lifeline service to an eligible resident of 
that Tribal land under section 54.403(a)(3) of title 
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47, Code of Federal Regulations, or any successor 
regulation, by $10. 
(2) ANNUAL INCREASE.—For each subsequent 
12-month period after the 12-month period de-
scribed in paragraph (1), in the case of Tribal land 
pertaining to a Tribal entity that has not met the 
Tribal broadband benchmark, the Commission shall 
increase the monthly cap described in that para-
graph by an additional $10. 
TITLE III—UNIVERSAL SERVICE 
ON TRIBAL LAND 
SEC. 301. UNIVERSAL SERVICE ON TRIBAL LAND. 
(a) DEFINITIONS.—Section 3 of the Communications 
Act of 1934 (47 U.S.C. 153) is amended— 
(1) by redesignating paragraphs (58) and (59) 
as paragraphs (62) and (63), respectively; 
(2) by redesignating paragraphs (35) through 
(57) as paragraphs (37) through (59), respectively; 
(3) by redesignating paragraphs (24) through 
(34) as paragraphs (25) through (35), respectively; 
(4) by inserting after paragraph (23) the fol-
lowing: 
‘‘(24) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given the term ‘Indian tribe’ in sec-
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