,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ehej ,,in ,,the ,,house ,,of ,,representatives ,february #aa1 #bjbj,mr4 ,gallego 7for himself1 ,ms4 ,haaland1 ,mr4 ,cole1 ,mr4 ,huffman1 ,ms4 ,moore1 ,mr4 ,kilmer1 ,mr4 ,lujn1 and ,mr4 ,case7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,agriculture1 and ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to expedite and streamline the deployment of affordable broadband service on ,tribal land1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,bridging the ,tribal ,digital ,divide ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,title ,i--,interagency ,coordination ,program,sec4 #aja4 ,purpose4,sec4 #ajb4 ,interagency working group4,sec4 #ajc4 ,tribal broadband deployment plan4,sec4 #ajd4 ,streamlined applications for support4,sec4 #aje4 ,tribal ,broadband ,deployment ,advisory ,committee4,title ,,ii--,tribal ,set-,aside,sec4 #bja4 ,rural ,utilities ,service4,sec4 #bjb4 ,universal ,service ,fund4,title ,,iii--,universal ,service on ,tribal ,land,sec4 #cja4 ,universal service on ,tribal land4,title ,,iv--,tribal ,broadband ,factor,sec4 #dja4 ,tribal broadband factor4,title ,v--,broadband ,rights-of-,way,sec4 #eja4 ,pilot program for ,tribal grant of rights-of-way for broadband facilities4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,rural ,utilities ,service4 7#b7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#c7 ,broadband2 broadband service ,the term broadband or broadband service has the meaning given the term broadband internet access service in section #h4a of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#d7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec71 as amended by section #cja of this ,act4 7#f7 ,tribal broadband benchmark ,the term ,tribal broadband benchmark means the minimum acceptable level of broadband service on ,tribal land1 which shall consist of-- 7,a7 speed that is not slower than the speed required for the service to qualify as an advanced telecommunications capability1 as that term is defined in section #gjf7;d7 of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7;d771 as of the date on which that speed is measured2 and 7,b7 network round trip latency that is at or below #ajj milliseconds for not less than #ie percent of all peak period measurements of network round trip latency4 7#g7 ,tribal entity ,the term ,tribal entity has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec71 as amended by section #cja of this ,act4 7#h7 ,tribal government ,the term ,tribal government means the governing body of a ,tribal entity4 7#i7 ,tribal land ,the term ,tribal land has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec71 as amended by section #cja of this ,act4 7#aj7 ,underserved ,tribal entity 7,a7 ,in general ,the term underserved ,tribal entity means a ,tribal entity1 the ,tribal land of which-- 7i7 lacks affordable broadband service2 or 7ii7 has subscription rates for broadband service that are below #hj percent1 as determined by the ,commission4 7,b7 ,associated definition ,in this paragraph1 the term affordable broadband service means broadband service on ,tribal land1 the rates for which are not more than the average rates charged for broadband service in the #e nearest municipalities to that ,tribal land that have a population of more than #aj1jjj individuals1 as determined by the ,commission4 7#aa7 ,working ,group ,the term ,working ,group means the ,tribal ,broadband ,interagency ,working ,group established under section #ajb4 ,i ,interagency ,coordination ,program #aja4 ,purpose ,the purpose of this title is to-- 7#a7 expedite and streamline the deployment of affordable broadband service on ,tribal land through the coordination of grants or other financial assistance2 7#b7 improve the effectiveness of ,federal assistance in meeting the obligation of the ,commission to ensure universal availability of broadband networks to all people of the ,united ,states1 including individuals living on ,tribal land2 and 7#c7 ensure the preservation and protection of self-governance1 economic opportunity1 health1 education1 public safety1 and welfare of ,tribal entities4 #ajb4 ,interagency working group 7a7 ,establishment ,the ,assistant ,secretary and the ,secretary of ,agriculture shall jointly establish a working group to be known as the ,tribal ,broadband ,interagency ,working ,group to carry out the duties described in subsection 7c74 7b7 ,administration 7#a7 ,chairs ,the ,assistant ,secretary and the ,administrator shall serve as co-chairs of the ,working ,group4 7#b7 ,membership2 staffing ,the ,assistant ,secretary and the ,administrator1 in consultation with the ,tribal ,broadband ,deployment ,advisory ,committee established under section #aje1 shall determine the membership and staffing of the ,working ,group4 7c7 ,duties ,the ,working ,group shall-- 7#a7 7,a7 serve as a forum for improving coordination across ,federal broadband programs that are available to ,tribal entities2 7,b7 reduce regulatory barriers to broadband deployment on ,tribal land2 7,c7 promote awareness of the value and availability of ,federal support for broadband deployment on ,tribal land2 and 7,d7 develop common ,federal goals1 performance measures1 and plans to deploy affordable broadband to ,tribal land2 7#b7 not later than #a year after the date of enactment of this ,act1 and biennially thereafter1 issue a strategic plan regarding ,tribal broadband deployment activities1 priorities1 and objectives2 7#c7 promote coordination of the activities of ,federal agencies on ,tribal broadband deployment activities1 including the activities of-- 7,a7 the ,department of ,agriculture2 7,b7 the ,department of ,commerce2 7,c7 the ,department of ,education2 7,d7 the ,department of ,health and ,human ,services2 7,e7 the ,department of ,housing and ,urban ,development2 7,f7 the ,department of the ,interior2 7,g7 the ,department of ,labor2 7,h7 the ,commission2 7,i7 the ,institute of ,museum and ,library ,services2 and 7,j7 any other ,federal agency that the ,working ,group considers appropriate2 7#d7 provide technical assistance for the development of ,tribal broadband deployment plans to meet the ,tribal broadband benchmark2 7#e7 under section #ajd1 develop a streamlined and standardized application process for grants and other financial assistance to advance the deployment of broadband on ,tribal land2 7#f7 promote information exchange between ,federal agencies-- 7,a7 to identify and document ,federal and non-,federal programs and funding opportunities that support ,tribal broadband deployment2 and 7,b7 if practicable1 to leverage existing programs by encouraging joint solicitations1 block grants1 and matching programs with non-,federal entities2 and 7#g7 develop a standardized form that identifies all applicable ,federal statutory provisions1 regulations1 policies1 or procedures that the ,working ,group determines are necessary to adhere to in order to implement a ,tribal broadband deployment plan4 #ajc4 ,tribal broadband deployment plan 7a7 ,identification of underserved ,tribal entities ,not later than #ahj days after the date of enactment of this ,act1 the ,chairman of the ,commission1 in coordination with the ,secretary of the ,interior1 shall identify each underserved ,tribal entity and publish a list of such entities in the ,federal ,register4 7b7 ,notice to underserved ,tribal entities ,not later than #cj days after the date on which the list is published in the ,federal ,register under subsection 7a71 the ,working ,group shall send notice to each underserved ,tribal entity on the list inviting the entity to request technical assistance for the development of a ,tribal broadband deployment plan under this section4 7c7 ,technical assistance ,at the request of an underserved ,tribal entity1 the ,working ,group shall provide the entity with technical assistance to facilitate the development1 adoption1 and deployment of a ,tribal broadband development plan detailing the current and projected efforts of the entity to meet the ,tribal broadband benchmark4 7d7 ,plan elements ,each ,tribal broadband deployment plan developed under this section shall-- 7#a7 describe a comprehensive strategy identifying the full range of options to meet the ,tribal broadband benchmark2 7#b7 describe all available ,federal programs that are available to assist the applicable underserved ,tribal entity in meeting the ,tribal broadband benchmark2 7#c7 describe the way in which ,federal program activities and funds shall be integrated1 consolidated1 and delivered to the applicable underserved ,tribal entity to meet the ,tribal broadband benchmark2 7#d7 describe the results expected from implementing the plan1 including the expected number of additional households or participants that would be served due to the implementation of the plan2 7#e7 identify the projected non-,federal expenditures under the plan2 7#f7 identify any agency of the applicable underserved ,tribal entity that will be involved in the delivery of the services integrated under the plan2 7#g7 identify all applicable ,federal1 ,state1 and ,tribal statutory provisions1 regulations1 policies1 or procedures that the ,working ,group determines are necessary to adhere to in order to implement the plan2 7#h7 identify opportunities for the applicable underserved ,tribal entity to purchase spectrum2 and 7#i7 identify-- 7,a7 deployment obstacles2 and 7,b7 activities that are necessary to ensure access to affordable broadband1 including digital literacy training1 technical support1 privacy and cybersecurity expertise1 or other end-user technology needs4 7e7 ,promoting broadband availability ,the ,working ,group shall work in partnership with ,state1 local1 and ,tribal governments1 and consumer and industry groups1 to promote broadband availability to each underserved ,tribal entity1 including consumers in rural and high-cost areas that are adjacent to ,tribal land4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,working ,group to carry out section #ajb and this section #e1jjj1jjj for each of fiscal years #bjbj through #bjbe1 to remain available until expended4 #ajd4 ,streamlined applications for support 7a7 ,agency consultation ,the ,assistant ,secretary 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 program4 7b7 ,agency streamlining ,a ,federal agency that offers a ,federal broadband support program to ,tribal entities shall amend the application for broadband support from the program1 to the extent practicable and as necessary1 in order to streamline and standardize applications for ,federal broadband support programs across the ,federal ,government4 7c7 ,single application ,to the greatest extent practicable1 the ,assistant ,secretary shall seek to create #a application that may be submitted to apply for support from all ,federal broadband support programs4 7d7 ,central website ,not later than #ahj days after the date of enactment of this ,act1 the ,assistant ,secretary shall create a central website through which a potential applicant can learn about and apply for support from any ,federal broadband support program4 #aje4 ,tribal ,broadband ,deployment ,advisory ,committee 7a7 ,establishment ,there is established the ,tribal ,broadband ,deployment ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,purposes2 scope of activities 7#a7 ,purposes ,the purposes of the ,committee are-- 7,a7 to make recommendations to ,congress regarding how to accelerate the deployment of broadband service on ,tribal land by-- 7i7 reducing or removing statutory and regulatory barriers to investment in broadband infrastructure2 and 7ii7 strengthening existing broadband networks on ,tribal land2 and 7,b7 to provide an effective means for ,tribal entities to engage with governmental entities and professionals with expertise and backgrounds in broadband1 telecommunications1 information technology1 and infrastructure deployment and adoption in the areas covered by the ,committee to exchange ideas and develop recommendations to ,congress regarding the deployment of broadband on ,tribal land4 7#b7 ,consideration of issues ,the ,committee may consider issues that include-- 7,a7 measures to prepare for1 respond to1 and recover from disasters that impact broadband networks2 7,b7 new ways of encouraging deployment of broadband infrastructure and services on ,tribal land2 and 7,c7 other ways to accelerate the deployment of broadband infrastructure to ,tribal land4 7c7 ,duties ,the ,committee shall provide recommendations to ,congress on issues relating to the deployment of broadband on ,tribal land4 7d7 ,membership 7#a7 ,in general ,the ,committee shall consist of #af voluntary representatives as follows3 7,a7 ,twelve authorized representatives of ,tribal governments1 each of whom shall represent a different ,bureau of ,indian ,affairs region4 7,b7 ,four authorized representatives of ,tribal governments1 each of whom shall serve as an at-large representative4 7#b7 ,qualifications ,each member of the ,committee described in paragraph 7#a7 shall-- 7,a7 be an elected ,tribal official or authorized representative of an elected ,tribal official2 7,b7 act in the official capacity of the member as an elected official of the entity2 7,c7 have the authority to participate on behalf of the ,tribe2 and 7,d7 be qualified to represent the views of all ,tribal entities located in the region of the ,bureau of ,indian ,affairs represented by the member4 7#c7 ,chair ,the ,assistant ,secretary shall appoint a ,chair of the ,committee1 who shall-- 7,a7 approve or call all of the meetings of the ,committee and subcommittees of the ,committee2 7,b7 prepare and approve all meeting agendas2 7,c7 attend all ,committee and subcommittee meetings2 7,d7 adjourn any meeting when the ,chair determines that adjournment to be in the public interest2 and 7,e7 chair meetings when directed to do so by the ,assistant ,secretary4 7e7 ,meetings 7#a7 ,frequency ,the ,committee shall meet not less frequently than #c times per year4 7#b7 ,transparency ,the meetings of the ,committee shall be open to the public and timely notice of each such meeting shall be published-- 7,a7 in the ,federal ,register2 and 7,b7 through other appropriate methods4 7f7 ,support 7#a7 ,facilities and staff ,the ,assistant ,secretary shall provide the facilities and support staff necessary to conduct meetings of the ,committee4 7#b7 ,compensation ,a member of the ,committee shall serve without any compensation from the ,federal ,government4 7#c7 ,travel expenses ,a member of the ,committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,committee4 ,,ii ,tribal ,set-,aside #bja4 ,rural ,utilities ,service 7a7 ,tribal set-,aside ,notwithstanding any other provision of law1 effective beginning in fiscal year #bjbj and for each fiscal year thereafter1 the ,secretary of ,agriculture 7referred to in this section as the ,secretary7 shall set aside for broadband adoption and deployment on ,tribal land not less than #bj percent of the amounts made available for that fiscal year for each of the following3 7#a7 ,the ,telecommunications ,infrastructure ,loan and ,loan ,guarantee ,program established under the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #ija et seq474 7#b7 ,the initiative under section #cjf;,f of that ,act 7#g ,u4,s4,c4 #icf;f74 7#c7 ,the ,community ,connect ,grant ,program established under section #fjd of that ,act 7#g ,u4,s4,c4 #iej;bb-#c74 7#d7 ,financial assistance under chapter #a of subtitle ,d of title ,,xxiii of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #iej;aaa et seq471 under section #bcce;,a of that ,act 7#g ,u4,s4,c4 #iej;aaa-#e74 7#e7 ,the broadband loan and grant pilot program described in section #ggi of division ,a of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada74 7b7 ,community ,connect ,grant ,program 7#a7 ,definition of eligible entity ,section #fjd7;a77#c7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb-#c7;a77#c77 is amended-- 7,a7 in subparagraph 7,a77i77,,ii71 by striking or ,tribal organization and inserting 1 ,tribal organization1 or ,indian-owned business 7as defined in section #c of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjb772 and 7,b7 in subparagraph 7,b77ii71 by inserting 1 unless the partnership is an ,indian-owned business 7as defined in section #c of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjb77 before the period at the end4 7#b7 ,exemption from matching funds requirement ,section #fjd7;e77#a7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb-#c7;e77#a77 is amended by inserting 7other than an underserved ,tribal entity 7as defined in section #b of the ,bridging the ,tribal ,digital ,divide ,act of #bjbj77 after eligible entity4 7#c7 ,exemption from application requirements ,section #fjd7;f7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb-#c7;f77 is amended by adding at the end the following3 7#c7 ,exemptions for ,tribal entities ,notwithstanding paragraphs 7#a7 and 7#b71 the ,secretary shall not require a ,tribal entity 7as defined in section #b of the ,bridging the ,tribal ,digital ,divide ,act of #bjbj7 to submit a system design described in subsection 7d7 of section #agci4ae of title #g1 ,code of ,federal ,regulations 7or successor regulations71 or financial information described in subsection 7h77#b7 of that section1 to be eligible to receive a grant under the ,program4 4 7c7 ,broadband loan and grant pilot program 7#a7 ,in general ,notwithstanding any other provision of law1 a ,tribal entity shall be considered to be eligible for funding under the broadband loan and grant pilot program described in section #ggi of division ,a of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada2 #acb ,stat4 #cii74 7#b7 ,exemptions ,the ,secretary of ,agriculture shall exempt underserved ,tribal entities from the application requirements under the pilot program described in paragraph 7#a7-- 7,a7 to submit a network design2 and 7,b7 to provide a matching contribution equal to #be percent of the overall cost of the project4 #bjb4 ,universal ,service ,fund 7a7 ,universal ,service generally ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall promulgate regulations under which the ,commission1 on and after the effective date of the regulations1 shall-- 7#a7 set aside #e percent of the amounts allocated for each ,federal universal service support program established under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed71 including each program carried out under subparts ,d through ,g and ,j through ,m of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulations2 and 7#b7 with respect to the amount set aside from each program under paragraph 7#a71 distribute that amount for the purpose of expanding access to broadband service on ,tribal land1 in accordance with the otherwise applicable requirements of the program4 7b7 ,lifeline program 7#a7 ,initial increase in ,tribal land support amount ,for the first #ab-month period beginning #b years after the date of enactment of this ,act1 in the case of ,tribal land pertaining to a ,tribal entity that has not met the ,tribal broadband benchmark1 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 #ed4djc7;a77#c7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation1 by #aj4 7#b7 ,annual increase ,for each subsequent #ab-month period after the #ab-month period described in paragraph 7#a71 in the case of ,tribal land pertaining to a ,tribal entity that has not met the ,tribal broadband benchmark1 the ,commission shall increase the monthly cap described in that paragraph by an additional #aj4 ,,iii ,universal ,service on ,tribal ,land #cja4 ,universal service on ,tribal land 7a7 ,definitions ,section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec7 is amended-- 7#a7 by redesignating paragraphs 7#eh7 and 7#ei7 as paragraphs 7#fb7 and 7#fc71 respectively2 7#b7 by redesignating paragraphs 7#ce7 through 7#eg7 as paragraphs 7#cg7 through 7#ei71 respectively2 7#c7 by redesignating paragraphs 7#bd7 through 7#cd7 as paragraphs 7#be7 through 7#ce71 respectively2 7#d7 by inserting after paragraph 7#bc7 the following3 7#bd7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 2 7#e7 by inserting after paragraph 7#ce71 as so redesignated1 the following3 7#cf7 ,native ,hawaiian ,the term ,native ,hawaiian has the meaning given the term in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba74 2 and 7#f7 by inserting after paragraph 7#ei71 as so redesignated1 the following3 7#fj7 ,tribal entity ,the term ,tribal entity-- 7,a7 means an ,indian ,tribe2 and 7,b7 includes a ,native ,hawaiian community4 7#fa7 ,tribal land ,the term ,tribal land means-- 7,a7 any land located within the boundaries of-- 7i7 an ,indian reservation1 pueblo1 or rancheria2 or 7ii7 a former reservation within ,oklahoma2 7,b7 any land not located within the boundaries of an ,indian reservation1 pueblo1 or rancheria1 the title to which is held-- 7i7 in trust by the ,united ,states for the benefit of an ,indian ,tribe or an individual ,indian2 7ii7 by an ,indian ,tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7iii7 by a dependent ,indian community2 7,c7 any land located within a region established pursuant to section #g7;a7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf7;a772 7,d7 ,hawaiian ,home ,lands1 as defined in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba72 or 7,e7 those areas or communities designated by the ,assistant ,secretary of ,indian ,affairs of the ,department of the ,interior that are near1 adjacent1 or contiguous to reservations where financial assistance and social service programs are provided to ,indians because of their status as ,indians4 4 7b7 ,universal service ,section #bed7;b77#c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;b77#c77 is amended-- 7#a7 by striking and those and inserting 1 consumers2 and 7#b7 inserting after high cost areas1 the following3 and consumers on ,tribal land and in areas with high populations of ,indians 7as defined in section #ai of the ,act of ,june #ah1 #aicd 7commonly known as the ,indian ,reorganization ,act7 7#be ,u4,s4,c4 #eabi771 or ,native ,hawaiians 7as defined in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba7714 7c7 ,technical and conforming amendment ,section #bga7;c77#a77;,a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bga7;c77#a77;,a77 is amended1 in the first sentence1 by striking section #c7dg77;,a7 and inserting section #c7ef77;,a74 ,,iv ,tribal ,broadband ,factor #dja4 ,tribal broadband factor ,the ,commission shall conduct a rulemaking to-- 7#a7 increase ,connect ,america ,fund ,broadband ,loop ,support under subpart ,k of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 available to rate-of-return carriers serving ,tribal lands by reducing the funding threshold of #db per month per line by #be percent2 and 7#b7 increase ,high ,cost ,loop ,support under subpart ,m of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 available to rate-of-return carriers serving ,tribal lands by increasing-- 7,a7 the eligible costs expense adjustment under section #ed4acaj7;a77#a7 of that title from #fe percent to #ha4be percent2 and 7,b7 the eligible costs expense adjustment under section #ed4acaj7;a77#b7 of that title from #ge percent to #ic4ge percent4 ,v ,broadband ,rights-of-,way #eja4 ,pilot program for ,tribal grant of rights-of-way for broadband facilities 7a7 ,definitions ,in this section3 7#a7 ,program ,the term program means the ,tribal ,broadband ,right-of-,way ,pilot ,program established under subsection 7b77#a74 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,pilot program 7#a7 ,in general ,the ,secretary shall establish a pilot program1 to be known as the ,tribal ,broadband ,right-of-,way ,pilot ,program1 under which the ,secretary shall delegate to the ,indian ,tribes selected under paragraph 7#c7 the authority under the first section of the ,act of ,february #e1 #aidh 7#fb ,stat4 #ag1 chapter #de2 #be ,u4,s4,c4 #cbc7 to grant rights-of-way described in paragraph 7#b7 over and across ,tribal land4 7#b7 ,right-of-way described ,a right-of-way referred to in paragraph 7#a7 is a right-of-way for the construction1 maintenance1 and facilitation of broadband service1 which may include-- 7,a7 towers2 7,b7 cables2 7,c7 transmission lines2 and 7,d7 any other equipment necessary for construction1 maintenance1 and facilitation of broadband service4 7#c7 ,participating ,indian ,tribes 7,a7 ,in general ,subject to subparagraph 7,b7 and in accordance with subsection 7c71 the ,secretary shall select not fewer than #aj ,indian ,tribes to participate in the program4 7,b7 ,location of ,indian ,tribes ,of the ,indian ,tribes selected under subparagraph 7,a71 not fewer than #e shall be ,indian ,tribes the land of which is located within the ,state of ,arizona or the ,state of ,new ,mexico4 7#d7 ,broadband right-of-way 7,a7 ,in general ,except as provided in subparagraph 7,b71 an ,indian ,tribe participating in the program may grant a right-of-way described in paragraph 7#b7 over and across the land of the ,indian ,tribe without the approval of1 or a grant by1 the ,secretary1 if-- 7i7 the right-of-way is granted in accordance with the regulations of the ,indian ,tribe approved by the ,secretary under subsection 7c72 and 7ii7 the term of the right-of-way does not exceed #be years1 except that a right-of-way may include an option to renew the right-of-way for not more than #b additional terms1 each of which may not exceed #be years4 7,b7 ,allotted land ,an ,indian ,tribe may not grant a right-of-way under subparagraph 7,a7 over and across an individual ,indian allotment under section #d of the ,act of ,february #h1 #ahhg 7commonly known as the ,indian ,general ,allotment ,act7 7#bd ,stat4 #chi1 chapter #aai2 #be ,u4,s4,c4 #ccd74 7c7 ,proposed regulations 7#a7 ,in general ,an ,indian ,tribe desiring to participate in the program shall submit to the ,secretary an application containing the proposed regulations of the ,indian ,tribe for the granting of rights-of-way described in subsection 7b77#b74 7#b7 ,selection ,the ,secretary may only select for participation in the program ,indian ,tribes the proposed regulations of which are approved by the ,secretary under this subsection4 7#c7 ,considerations for approval ,the ,secretary may approve the proposed regulations of an ,indian ,tribe if the regulations-- 7,a7 are consistent with any regulations issued by the ,secretary under section #f of the ,act of ,february #e1 #aidh 7#fb ,stat4 #ah1 chapter #de2 #be ,u4,s4,c4 #cbh72 and 7,b7 provide for an environmental review process that includes-- 7i7 the identification and evaluation by the ,indian ,tribe of any significant impacts of the proposed right-of-way on the environment2 and 7ii7 a process for ensuring that-- 7,i7 the public is informed of1 and has a reasonable opportunity to comment on1 any impacts identified by the ,indian ,tribe under clause 7i72 and 7,,ii7 the ,indian ,tribe provides responses to relevant and substantive public comments received under subclause 7,i74 7#d7 ,technical assistance 7,a7 ,in general ,on request of an ,indian ,tribe desiring to participate in the program1 the ,secretary shall provide technical assistance for development of proposed regulations to be submitted in the application of the ,indian ,tribe under paragraph 7#a71 including technical assistance for development of a regulatory environmental review process that meets the requirements of paragraph 7#c77;,b74 7,b7 ,,isdeaa 7i7 ,in general ,technical assistance provided by the ,secretary under subparagraph 7,a7 may be made available to ,indian ,tribes described in clause 7ii7 through contracts1 grants1 or agreements entered into in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd et seq474 7ii7 ,indian ,tribe described ,an ,indian ,tribe referred to in clause 7i7 is an ,indian ,tribe eligible for contracts1 grants1 or agreements under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd et seq474 7#e7 ,review process 7,a7 ,in general ,not later than #abj days after the date on which an application is submitted to the ,secretary under paragraph 7#a71 the ,secretary shall review and approve or disapprove the proposed regulations contained in the application4 7,b7 ,written documentation ,if the ,secretary disapproves the regulations under subparagraph 7,a71 the ,secretary shall-- 7i7 notify the ,indian ,tribe that the regulations have been disapproved2 and 7ii7 include with the notification written documentation that describes the basis for the disapproval4 7,c7 ,extension ,after consultation with the ,indian ,tribe1 the ,secretary may extend the deadline described in subparagraph 7,a7 for an additional #abj-;day period4 7d7 ,federal environmental review ,if an ,indian ,tribe participating in the program proposes to grant a right-of-way for a broadband service project or activity funded by a ,federal agency1 the ,indian ,tribe may rely on the environmental review process of the applicable ,federal agency rather than the environmental review process approved as part of the regulations of the ,indian ,tribe under subsection 7c77#c77;,b74 7e7 ,documentation ,if an ,indian ,tribe participating in the program grants a right-of-way under the program1 the ,indian ,tribe shall submit to the ,secretary-- 7#a7 a copy of the right-of-way1 including any amendments or renewals to the right-of-way2 and 7#b7 if the regulations of the ,indian ,tribe or the right-of-way allows for right-of-way payments to be made directly to the ,indian ,tribe1 documentation of the right-of-way payments that are sufficient to enable the ,secretary to discharge the trust responsibility of the ,united ,states under subsection 7f77#b74 7f7 ,trust responsibility 7#a7 ,in general ,the ,united ,states shall not be liable for any losses sustained by a party to a right-of-way granted by an ,indian ,tribe under the program4 7#b7 ,authority of secretary 7,a7 ,in general ,pursuant to the authority of the ,secretary to fulfill the trust obligation of the ,united ,states to ,indian ,tribes participating in the program under ,federal law 7including regulations71 the ,secretary may1 on request by1 and after reasonable notice from1 an ,indian ,tribe1 enforce the provisions of1 or cancel1 any right-of-way granted by the ,indian ,tribe under the program4 7,b7 ,procedures ,the ,secretary shall enforce the provisions of1 or cancel1 any right-of-way under subparagraph 7,a7 in accordance with the regulations issued by the ,secretary under section #f of the ,act of ,february #e1 #aidh 7#fb ,stat4 #ah1 chapter #de2 #be ,u4,s4,c4 #cbh74 7g7 ,compliance 7#a7 ,in general ,a duly enrolled member of an ,indian ,tribe1 after exhausting any applicable ,tribal remedies1 may submit to the ,secretary1 at such time and in such form as the ,secretary determines to be appropriate1 a petition to review the compliance of an ,indian ,tribe participating in the program with the regulations of the ,indian ,tribe approved by the ,secretary under subsection 7c74 7#b7 ,violations ,if1 after carrying out a review under paragraph 7#a71 the ,secretary determines that the ,indian ,tribe violated the regulations1 the ,secretary1 subject to paragraph 7#c77;,b71 may take any action the ,secretary determines to be necessary to remedy the violation1 including-- 7,a7 rescinding the approval of the regulations2 and 7,b7 reassuming the authority to grant rights-of-ways described in subsection 7b77#b7 delegated to the ,indian ,tribe under the program4 7#c7 ,documentation ,if the ,secretary determines that the ,indian ,tribe violated the regulations and a remedy is necessary1 the ,secretary shall-- 7,a7 submit to the ,indian ,tribe a written notification of the regulations that have been violated2 and 7,b7 prior to the exercise of any remedy under paragraph 7#b71 provide the ,indian ,tribe with-- 7i7 a hearing that is on the record2 and 7ii7 a reasonable opportunity to cure the alleged violation4 7h7 ,sunset ,the authority of the ,secretary to carry this section shall terminate #aj years after the date of enactment of this ,act4