,,ii #aafth ,,congress #b;d ,session ,s4 #cfff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjbj,mr4 ,heinrich introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to fund grants for the immediate deployment of temporary wireless broadband service on ,tribal lands and ,hawaiian ,home ,lands1 to provide emergency special temporary authority to use electromagnetic spectrum for the provision of wireless broadband service on ,tribal lands and ,hawaiian ,home ,lands1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,covid-#ai ,designation of ,immediate ,special ,authority of ,spectrum for ,tribes' ,emergency ,response in ,indian ,country ,act or the ,,covid-#ai ,,disaster in ,indian ,country ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the immediate grant of emergency special temporary authority of available spectrum that will efficiently support temporary wireless broadband networks and allow ,indian ,tribes to provide ,tribal members with wireless broadband service over ,tribal lands or ,hawaiian ,home ,lands during the ,,covid-#ai crisis due to the increased demand for telecommunications and disproportionate impacts of the ,,covid-#ai pandemic in ,indian ,country is essential4 7#b7 ,reservations are the most digitally disconnected areas in the ,united ,states that lack basic access to broadband and wireless services at rates comparable to1 and in some cases lower than1 third-world countries4 7#c7 ,in #bjah1 the ,government ,accountability ,office and the ,federal ,communications ,commission reported that only #fe percent of ,american ,indian and ,alaska ,natives 7,,ai_/,a,ns7 living on ,tribal lands had access to fixed broadband services1 and only #fh percent of ,,ai_/,,an households on rural ,tribal lands had telephone services4 ,this is a stark comparison to only #h percent of the national average that lacks access to fixed broadband services4 7#d7 ,indian ,tribes have previously encountered substantial barriers to accessing broadband and other communications services on ,tribal lands to deploy telecommunication services for the safety and well-being of ,tribal members and to decrease the alarming rates of unnecessary loss of lives that ,,ai_/,a,ns disproportionately experience1 especially through the lack of access to health care services and emergency resources1 as demonstrated during the ,,covid-#ai pandemic that continues to disproportionately impact ,indian ,country4 7#e7 ,indian ,tribes' lack of access to broadband services on ,tribal lands and ,hawaiian ,home ,lands during the ,,covid-#ai pandemic further highlights the digital divide in ,indian ,country4 7#f7 ,the ,government ,accountability ,office found that health information technology systems at the ,indian ,health ,service rank as the ,federal ,government's third-highest need for agency system modernization1 since #ej percent of ,indian ,health ,service facilities depend on outdated circuit connections based on one or two ,,ti circuit lines 7#c ,mbps71 creating slower response times than any other health facility system in the ,united ,states4 7#g7 ,a #bjah ,tribal health reform comment filed with the ,federal ,communications ,commission has further stated that approximately #a4e million people living on ,tribal lands lack access to broadband and1 of the #ge percent of rural ,indian ,health ,service facilities1 many still lack reliable broadband networks for ,american ,indians and ,alaska ,natives 7,,ai_/,a,ns7 to access telehealth or clinical health care services1 which is a critical need in the most geographically isolated areas of the country with some of the highest poverty rates1 and lack of access to reliable transportation4 7#h7 ,the ,bureau of ,indian ,education has stated that recent estimates from #adb out of #agd schools have indicated that approximately #ae to #ie percent of students do not have access to internet services at home depending on ,bureau school location and limitations on data caps during the ,,covid-#ai crisis4 #c4 ,deployment of wireless broadband service on ,tribal lands and ,hawaiian ,home ,lands 7a7 ,funding of grants for immediate deployment of wireless broadband service on ,tribal lands and ,hawaiian ,home ,lands ,in addition to any other amounts made available1 out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated-- 7#a7 #big1ejj1jjj for grants under the community facilities grant program under section #cjf7;a77#ai7 of the ,consolidated ,farm and ,rural ,development ,act to ,indian ,tribes1 qualifying ,tribal entities1 and the ,director of the ,department of ,hawaiian ,home ,lands1 for the immediate deployment of wireless broadband service on ,tribal lands and ,hawaiian ,home ,lands1 respectively1 through the use of emergency special temporary authority granted under subsection 7b7 of this section1 including backhaul costs1 repairs to damaged infrastructure1 the cost of the repairs to which would be less expensive than the cost of new infrastructure and would support the emergency special temporary use1 and the ,federal share applicable to grants from such amount shall be #ajj percent1 which amount shall remain available for one year from the enactment of this ,act2 and 7#b7 #c1jjj1jjj for grants under the community facilities technical assistance and training grant program under section #cjf7;a77#bf7 of such ,act1 without regard to sections #cjf7;a77#bf77;,b7 and #cjf7;a77#bf77;,c7 of such ,act1 to assist ,indian ,tribes1 qualifying ,tribal entities1 and the ,director of the ,department of ,hawaiian ,home ,lands in preparing applications for the grants referred to in paragraph 7#a7 of this subsection1 which amount shall remain available for one year from the enactment of this ,act4 ,grants referred to under this paragraph 7#b7 shall be available to ,indian ,tribes1 qualifying ,tribal entities and shall also be available to inter-,tribal government organizations1 universities and colleges with ,tribal serving institutions for the purposes stated herein4 7b7 ,emergency special temporary authority ,to use available and efficient spectrum on ,tribal lands and ,hawaiian ,home ,lands 7#a7 ,grant of authority ,not later than #aj days after receiving a request from an ,indian ,tribe1 a qualifying ,tribal entity1 or the ,director of the ,department of ,hawaiian ,home ,lands for emergency special temporary authority to use electromagnetic spectrum described in paragraph 7#c7 for the provision of wireless broadband service over the ,tribal lands over which the ,indian ,tribe or qualifying ,tribal entity has jurisdiction or 7in the case of a request from the ,director of the ,department of ,hawaiian ,home ,lands7 over the ,hawaiian ,home ,lands1 allowing unlicensed radio transmitters to operate for such provision on such spectrum at locations on such ,tribal lands or ,hawaiian ,home ,lands where such spectrum is not being used1 the ,commission shall grant such request on a secondary non-interference basis4 7#b7 ,duration ,a grant of emergency special temporary authority under paragraph 7#a7 shall be for a period of operation to begin not later than #f months after the date of the enactment of this ,act and to remain in operation for not longer than #f months1 absent extensions granted by the ,commission pursuant to the procedures of the ,commission relating to special temporary authority4 7#c7 ,electromagnetic spectrum described ,the electromagnetic spectrum described in this paragraph for utilization on the temporary basis is any portion of the electromagnetic spectrum-- 7,a7 that is-- 7i7 between the frequencies of #bdif megahertz and #bfij megahertz1 inclusive2 7ii7 in the white spaces of the television broadcast spectrum between the frequencies of #dgj megahertz and #gij megahertz1 inclusive1 excluding those frequencies utilized for other purposes under subpart ,h of part #ae of title #dg1 ,code of ,federal ,regulations2 7iii7 between the frequencies of #eibe megahertz and #gabe megahertz1 inclusive2 or 7iv7 between frequencies of #ceej megahertz and #cgjj megahertz1 inclusive2 and 7,b7 with respect to the ,tribal lands or ,hawaiian ,home ,lands over which authority to use such spectrum is requested under paragraph 7#a71 is not assigned to any licensee4 7c7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#b7 ,hawaiian ,home ,lands ,the term ,hawaiian ,home ,lands means lands held in trust for ,native ,hawaiians by ,hawaii pursuant to the ,hawaiian ,homes ,commission ,act1 #aibj4 7#c7 ,indian ,tribe ,the term ,indian ,tribe means any individually identified and federally recognized ,indian or ,alaska ,native ,tribe1 band1 nation1 pueblo1 village1 community1 affiliated tribal group1 or component reservation on the list published pursuant to the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj et seq474 7#d7 ,qualifying ,tribal entity ,the term qualifying ,tribal entity means an entity designated by the ,indian ,tribe with jurisdiction over particular ,tribal lands for which the spectrum access is sought4 ,the following may be designated as a qualifying ,tribal entity3 7,a7 ,indian ,tribes4 7,b7 ,tribal consortia which consists of two or more ,indian ,tribes1 or an ,indian ,tribe and an entity that is more than #ej percent owned and controlled by one or more ,indian ,tribes4 7,c7 ,federally chartered ,tribal corporations created under section #ag of the ,indian ,reorganization ,act 7#be ,u4,s4,c4 #eabd71 and created under section #d of the ,oklahoma ,indian ,welfare ,act 7#be ,u4,s4,c4 #ebjd74 7,d7 ,entities that are more than #ej percent owned and controlled by an ,indian ,tribe or ,indian ,tribes4 7#e7 ,entity that is more than #ej percent owned and controlled by one or more ,indian ,tribes ,the term entity that is more than #ej percent owned and controlled by one or more ,indian ,tribes means an entity over which one or more ,indian ,tribes have both de facto and de jure control of the entity4 ,de jure control of the entity is evidenced by ownership of greater than #ej percent of the voting stock of a corporation1 or in the case of a partnership1 general partnership interests4 ,de facto control of an entity is determined on a case-by-case basis4 ,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 entity1 including the following3 7,a7 ,the ,indian ,tribe or ,indian ,tribes constitute or appoint more than #ej percent of the board of directors or management committee of the entity4 7,b7 ,the ,indian ,tribe or ,indian ,tribes have authority to appoint1 promote1 demote1 and fire senior executives who control the day-to-day activities of the entity4 7,c7 ,the ,indian ,tribe or ,indian ,tribes play an integral role in the management decisions of the entity4 7,d7 ,the ,indian ,tribe or ,indian ,tribes have the authority to make decisions or otherwise engage in practices or activities that determine or significantly influence-- 7i7 the nature or types of services offered by such an entity2 7ii7 the terms upon which such services are offered2 or 7iii7 the prices charged for such services4 7#f7 ,tribal lands ,the term ,tribal lands has the meaning given that term in section #gc4gjjj of title #dg1 ,code of ,federal ,regulations1 as of ,april #af1 #bjbj1 and includes the definition ,indian ,country as defined in section #aaea of title #ah1 ,united ,states ,code1 and includes fee simple and restricted fee land held by an ,indian ,tribe4 7#g7 ,wireless broadband service ,the term wireless broadband service means wireless broadband internet access service that is delivered-- 7,a7 with a download speed of not less than #be megabits per second and an upload speed of not less than #c megabits per second2 and 7,b7 through-- 7i7 mobile service2 7ii7 fixed point-to-point multipoint service2 7iii7 fixed point-to-point service2 or 7iv7 broadcast service4