,,ii #aagth ,,congress #b;d ,session ,s4 #ecba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #bj1 #bjbb,ms4 ,warren introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to preserve ,indian ,tribes' and ,native ,hawaiian organizations' autonomy of access to spectrum over ,tribal lands and expedite immediate deployment of telecommunications services for critical government services1 including national emergencies1 natural disasters1 public health and biohazard threats1 safety1 education1 opportunity to participate in the broadband economy1 self-governance1 access to ,federal1 ,state1 and ,tribal voting and elections1 and the ,federal census count1 for the protection of life and property in furtherance of the ,federal trust responsibility1 and for other purposes4 #a4 ,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 ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,findings and purposes4,sec4 #d4 ,indian ,tribes' and ,native ,hawaiian organizations' exclusive right to all available or unlicensed electromagnetic spectrum over ,tribal lands4,sec4 #e4 ,access to spectrum over ,tribal lands4,sec4 #f4 ,existing spectrum licenses and spectrum over ,tribal lands4,sec4 #g4 ,tribal ,broadband ,fund4,sec4 #h4 ,directing the ,commission to engage in rulemaking proceedings for broadband development on ,tribal lands4,sec4 #i4 ,technical assistance for spectrum management1 contractual agreements1 and procedural requirements4,sec4 #aj4 ,annual reporting requirements4,sec4 #aa4 ,definitions4 #c4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,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 resource development and management of assets1 including spectrum over ,tribal lands4 7#b7 ,this longstanding precedent established territorial sovereignty through distinct and separate jurisdictions in which ,indian ,tribes retain their sovereign power to control their internal relations and protect ,tribal self-governance within designated ,tribal lands or reservations4 7#c7 ,tribal lands were established during the ,allotment or ,reservation era of ,federal ,indian law and policy 7#ahga-aibh7 when the ,federal ,government significantly narrowed the control and rights of ,indian ,tribes through the unilateral acquisition of ,tribal lands and resources1 then subsequently gave the rights to this property to non-,indian settlers4 7#d7 ,under the ,general ,allotment ,act of #ahhg1 ,tribal members were forced to surrender their previously undivided interest in ,tribally owned trust estate for individually assigned land interests creating permanently divided land allotments on ,tribal lands1 and further coercing ,native ,americans into assimilation and dependency on the ,federal ,government1 thus depriving them of their traditional economies4 7#e7 ,congress has acknowledged that this ,reservation ,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 today4 7#f7 ,in response to these failed1 paternalistic ,federal assimilation policies1 forced acquisition of indigenous lands1 and genocide of ,native ,americans1 the ,united ,states has recognized the unique legal relationship and trust responsibility it has with ,american ,indians1 ,alaska ,natives1 and ,native ,hawaiians to promote their self-determination and sovereignty in furtherance of its treaty obligations and longstanding government-to-government relationship4 7#g7 ,congressional authority to manage this unique government-to-government relationship with ,native nations and ,indian affairs generally is recognized as plenary2 constitutionally vested congressional authority to regulate commerce and govern activities with ,indian ,tribes1 which is distinct and separate from executive and judicial branch powers4 7#h7 ,the ,federal ,government's trust responsibility with ,indian ,tribes extends to all governmental branches requiring the ,united ,states to uphold its fiduciary duties of care and loyalty1 to make trust property income productive1 to enforce reasonable claims on behalf of ,native ,americans1 and to take affirmative action to preserve trust property1 for the benefit of ,american ,indians and ,alaska ,natives1 and ,native ,hawaiians as part of this ,federal-,tribal relationship and ,tribal self-governance4 7#i7 ,the ,federal ,communications ,commission 7,,fcc7 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 lands4 7#aj7 ,in #bjah1 a ,government ,accountability ,office 7,,gao7 report noted that numerous ,tribal entities1 associations1 and academic groups consider spectrum as a natural resource that should be managed by ,tribes4 ,,fcc officials responded that1 spectrum is not considered a reserved right under treaties with ,indian tribes1 as it is not explicitly stated4 7#aa7 ,the first ,united ,states treaty with an ,american ,indian ,tribe was ratified in #aggh1 over #bdj years ago1 and ,indian treaty-making ended in #ahga1 prior to the development of spectrum1 and adoption of the existing regime for licensing and regulating spectrum access4 7#ab7 ,further1 a #bjbj ,,gao report repeatedly stated that spectrum is a finite natural resource used to provide a variety of communication services to governmental entities4 7#ac7 ,however1 with the exception of the ,,fcc's efforts to allocate a severely limited bandwidth of temporary spectrum authority to select ,tribal applicants during the ,,covid-#ai crisis1 it failed to grant numerous emergency requests from ,congress1 ,indian ,tribes1 and ,native ,hawaiian organizations to extend the #b4e ,g,hz ,rural ,tribal ,priority ,window timeline by #ahj days to give ,native nations a fair opportunity to secure spectrum over their ,tribal lands before the ,september #b1 #bjbj1 expiration date amidst the pandemic4 7#ad7 ,to date1 the ,commission has failed to implement nationwide spectrum opportunities or uniform licensing for ,indian ,tribes and ,native ,hawaiian organizations to make spectrum available over their ,tribal lands or account for the unmet needs of native ,nations in compliance with the ,federal trust responsibility4 7#ae7 ,to the contrary1 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 auctions1 by promulgating regulations for licensed and unlicensed spectrum over ,tribal lands1 and by conducting oversight over secondary market transactions1 including leasing spectrum licenses over ,tribal lands and ,hawaiian ,home ,lands to private companies without ,tribal consultation or consent4 7#af7 ,the ,commission's actions parallel failed ,federal ,reservation ,era policy that divided ,indian land holdings and created systemic barriers to ,indian ,tribes' economic development and legal jurisdictional complications on ,tribal lands that continue to disadvantage ,tribal communities today4 7#ag7 ,indian ,tribes and ,native ,hawaiian organizations 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 decrease the alarming rates of violent crimes1 suicides1 and additional unnecessary loss of lives that ,native ,americans disproportionately experience1 especially through the lack of access to telehealth services and digital emergency resources as demonstrated during the ,,covid-#ai pandemic that disproportionately impacted ,indian ,country4 7#ah7 ,further1 the #bjah ,broken ,promises ,report published by the ,united ,states ,commission on ,civil ,rights found ,native ,americans rank near the bottom of all ,americans in terms of health1 education1 and employment due to the unique challenges and harsh living conditions as a result of the ,reservation ,era when the ,federal ,government relocated ,indian ,tribes to geographically isolated reservations where persistent discrimination has rendered their reality often invisible to other ,americans4 7#ai7 ,today1 ,tribal lands are some of the most digitally disconnected areas in the ,united ,states1 where #a4e million people lack basic broadband and wireless services at rates comparable to1 and in some cases lower than1 developing countries1 leaving ,tribal lands further behind in the digital divide by global benchmarks4 7#bj7 ,in #bjah1 the ,broadband ,commission for ,sustainable ,development reported that wireless network coverage in ,sub-,saharan ,africa increased to #gj percent1 surpassing the network coverage rates on ,tribal lands and ,hawaiian ,home ,lands in the ,united ,states4 7#ba7 ,in #bjah1 the ,government ,accountability ,office 7,,gao7 and the ,federal ,communications ,commission 7,,fcc7 reported that over #ib percent of people living outside of ,tribal lands and ,hawaiian ,home ,lands have access to fixed broadband services1 and #ih percent of ,american households have telephone services4 ,however1 only #fe percent of ,american ,indians1 ,alaska ,natives1 and ,native ,hawaiians living on ,tribal lands and ,hawaiian ,home ,lands have access to fixed broadband services1 and only #fi percent of households on ,tribal lands have telephone services4 7#bb7 ,lack of ,indian ,tribes' access to spectrum over their ,tribal lands during the ,,covid-#ai pandemic also highlighted ,indian ,country's expanding digital divide1 as supported by the ,,gao's finding that health information technology systems at the ,indian ,health ,service 7,,ihs7 rank as the ,federal ,government's third-highest need for agency system modernization since #ej percent of ,,ihs facilities depend on outdated circuit connections based on one or two ,t#a circuit lines 7#c ,mbps71 creating slower response times than any other health facility system in the country4 7#bc7 ,a #bjah ,national ,congress of ,american ,indians and ,national ,indian ,health ,board health reform comment filed with the ,federal ,communications ,commission has further stated that #ge percent of rural ,indian ,health ,service 7,,ihs7 facilities do not have reliable broadband networks for ,american ,indians and ,alaska ,natives to access telehealth-based services1 which is a critical need in the most geographically isolated areas of the ,united ,states with some of the highest poverty rates1 and lack of access to reliable transportation4 7#bd7 ,additionally1 ,,ihs officials reported during the ,,covid-#ai pandemic that deficiencies within their health ,,it system inhibited the agency's ability to adequately conduct coronavirus disease surveillance and record accurate data contributing to the disproportional rates of coronavirus transmissions on reservations4 7#be7 ,the ,bureau of ,indian ,education 7,,bie7 estimated from a survey of #adb out of #agd schools1 that up to #ie percent of their students do not have access to residential internet services depending on ,bureau school locations and data cap limitations before and during the pandemic4 7#bf7 ,as an additional barrier1 no dedicated ,federal funding streams exist for ,indian ,tribes or ,native ,hawaiian organizations to deploy telecommunications or broadband services1 both wireline and wireless1 on ,tribal lands and ,hawaiian ,home ,lands4 ,in #bjah1 the ,,gao found that the ,,fcc and ,department of ,agriculture's combined total of #cd1fjj1jjj1jjj was available for broadband services and infrastructure2 however1 from #bjaj to #bjag1 only #j4g percent was allocated to ,tribal telecommunications deployment4 7#bg7 ,it is estimated that only #j4c percent of the #ac1jjj radio facilities in the country belong to federally recognized ,indian ,tribes1 indicating a severe lack of ,tribal ownership of telecommunications services generally4 7#bh7 ,indian ,tribes' and ,native ,hawaiian organizations' longstanding funding and administrative barriers to access spectrum over ,tribal lands and ,hawaiian ,home ,lands prohibits their self-governance and further exacerbate rates of unemployment1 systemic poverty1 health disparities1 connection to the global market1 educational and economic opportunities1 unnecessary loss of lives1 and unknown future disparities resulting from the absence of indigenous representation in the modernization of the digital sector1 coding1 general advancement of technological services and platforms1 and ,native ownership in the telecommunications industry4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to clarify ,indian ,tribes' and ,native ,hawaiian organizations' inherent ownership of1 and preserve1 ,indian ,tribes' spectrum licenses and spectrum over ,tribal lands and ,hawaiian ,home ,lands in furtherance of the trust responsibility and acknowledgment of sovereign status in the ,united ,states2 7#b7 to diminish the effect of the ,commission's ,tribal priority filing windows1 auctions for spectrum licenses over ,tribal lands1 and assignment and leasing of spectrum over ,tribal lands2 ensure the ,commission's competitive bidding authority does not apply to licenses or construction permits issued by the ,commission over ,tribal lands and ,hawaiian ,home ,lands2 and permanently eliminate the public availability of spectrum over ,tribal lands and ,hawaiian ,home ,lands2 7#c7 to ensure the ,commission requires all unused and unassigned spectrum licenses over ,tribal 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 spectrum over ,tribal lands and ,hawaiian ,home ,lands as part of their inherent self-governance1 and expedite the immediate deployment of wireless services for critical government services1 including national emergencies1 natural disasters1 and biohazard threats1 access to health1 public safety services1 educational opportunities1 ability to participate in the broadband economy1 access to ,federal1 ,state1 and ,tribal voting and elections1 and the ,federal census count2 7#d7 to promote ,indian ,tribes' inherent self-governance 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 responsibility2 7#e7 to ensure ,indian ,tribes and ,native ,hawaiian 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 telecommunications services1 including all commercial1 noncommercial1 mobile1 radio1 television1 broadcast1 middle mile and long haul fiber1 and future spectrum licenses1 infrastructure1 and interconnectivity services that are within the jurisdiction of their respective ,tribal lands and ,hawaiian ,home ,lands2 7#f7 to encourage ,indian ,tribes and ,native ,hawaiian organizations to immediately develop and deploy spectrum services over their lands1 especially broadband and wireless services1 to bridge the increasing digital divide over ,tribal lands for the realization of full self-governance and autonomy through access to critical government services1 resources for national emergencies1 economic development1 and management of resources2 7#g7 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 autonomy2 7#h7 to require the ,commission to initiate and complete the rulemaking process with robust1 interactive1 pre-decisional1 informative1 and transparent consultation with ,indian ,tribes and ,native ,hawaiian organizations in order for them to obtain free1 prior1 and informed consent before the approval and adoption of administrative measures or agency action that affects ,tribal lands1 or other associated ,tribal resources1 especially where telecommunications processes and associated information are unclear1 unreported1 or inadequate to meet the needs of ,indian ,tribes and ,native ,hawaiian organizations to preserve spectrum rights over ,tribal lands and ,hawaiian ,home ,lands1 establish the ,tribal ,broadband ,fund1 and build out robust digital networks on ,tribal lands so their members can access digital services at rates proportional to non-,indians living off ,tribal lands2 and 7#i7 to ensure the ,commission ceases the allotment of spectrum rights over ,tribal lands and ,hawaiian ,home ,lands to private telecommunication companies to protect life and property in furtherance of the ,federal trust responsibility4 #d4 ,indian ,tribes' and ,native ,hawaiian organizations' exclusive right to all available or unlicensed electromagnetic spectrum 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 lands4 #e4 ,access to spectrum over ,tribal lands 7a7 ,elimination of all auctions1 ,tribal priority filing windows1 secondary market opportunities1 and competitive bidding for spectrum over ,tribal lands 7#a7 ,auctions of ,indian ,tribes' spectrum licenses and spectrum over ,tribal lands ,any spectrum licenses over ,tribal lands for any purpose shall not be subject to any ,tribal auctions executed by the ,commission4 7#b7 ,tribal priority filing windows ,no licenses over any ,tribal lands for the use of spectrum over ,tribal lands shall be subject to any ,tribal priority filing windows or auctions executed by the ,commission4 7#c7 ,secondary market opportunities ,no spectrum licenses over ,tribal lands shall be subject to any secondary market opportunities or post-market opportunities1 including license partitioning1 spectrum leasing1 or assignment to any third party or other entity4 7#d7 ,competitive bidding ,spectrum licenses over ,tribal lands shall not be subject to competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 from the date of the enactment of this ,act4 7b7 ,establishment of new contractual agreements for ,tribal spectrum 7#a7 ,in general ,at the discretion of an ,indian ,tribe or ,native ,hawaiian organization1 after the date of the enactment of this ,act1 new contracts may be established with third-party licensees1 qualifying ,tribal entities1 or other ,indian ,tribes or ,native ,hawaiian organizations to assign or lease spectrum over the ,indian ,tribe's or ,native ,hawaiian organization's respective ,tribal lands4 7#b7 ,terms and conditions ,at the request of an ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity1 the ,commission shall ensure 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 located4 ,the associated terms and duration of any contract to assign or lease an ,indian ,tribe's or ,native ,hawaiian organization's spectrum to a qualifying ,tribal entity1 third-party licensee1 or other ,indian ,tribe or ,native ,hawaiian organization must meet the following minimum requirements and conditions to implement a valid contract for spectrum use over ,tribal lands3 7,a7 ,if an agreement is reached1 all parties involved must execute a written agreement that sets forth the terms and conditions of the agreement4 7,b7 ,fair market value of the spectrum license or deployment of telecommunications or wireless services must be negotiated in good faith4 7,c7 ,rates must be calculated subject to inflation costs for the time duration specified under the agreement4 7,d7 ,negotiations must be entered into and conducted in good faith1 requiring that an ,indian ,tribe1 ,native ,hawaiian organization1 qualifying ,tribal entity1 or third-party licensee responding to an offer proposed by the requesting party must provide reasons for each rejection of a negotiated offer in writing4 7,e7 ,the party entering into contract negotiations with the ,indian ,tribe or ,native ,hawaiian organization must have the financial capacity to fulfill its requirement to deploy transactional services on the ,tribal lands where the spectrum licenses are located and the ability to meet its construction requirements4 7#c7 ,limitations 7,a7 ,subleasing ,any qualifying ,tribal entity1 ,native ,hawaiian organization1 other ,indian ,tribe1 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 subleasing1 assigning1 or subcontracting the spectrum licenses over ,tribal lands4 ,if this is breached1 such spectrum licenses shall automatically revert to the ,indian ,tribe or ,native ,hawaiian organization for new negotiations and the existing contract shall be deemed terminated4 7,b7 ,duration ,a contract to assign or lease spectrum licenses to be operated over ,tribal lands between the ,indian ,tribe1 ,native ,hawaiian organization1 qualifying ,tribal entity1 or third-party licensee may not extend past a #e-year time period1 after which the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity may review the negotiated terms with the third-party licensee and choose to either-- 7i7 terminate the contract or assignment of such spectrum licenses1 which shall automatically revert to the ,indian ,tribe where such spectrum licenses are geographically located2 7ii7 renegotiate the terms of such contract with respect to such spectrum licenses over ,tribal lands2 or 7iii7 extend the existing contractual terms of such spectrum licenses over ,tribal lands for an additional #e years1 or a fair and reasonable amount of time4 7,c7 ,termination 7i7 ,reversion ,in the event of premature termination of a contract for assignment or lease of spectrum over ,tribal lands1 the spectrum licenses shall automatically revert to the ,indian ,tribe or ,native ,hawaiian organization for new negotiations and the existing contract shall be deemed terminated4 7ii7 ,penalties ,penalties for breach of contractual agreements or premature termination of a contract shall be enforced by imposing a fine of #e percent of the gross amount incurred1 or projected amount to be incurred1 from the negotiated rate of the spectrum licenses by the breaching party1 to be assessed by the ,commission and available as a source of funds for the ,tribal ,broadband ,fund4 7iii7 ,egregious behavior or lack of good faith ,if the breaching party participates in egregious behavior1 or a clear showing is made that a party failed to negotiate contractual terms in good faith1 it shall be subject to a #e-year penalty prohibiting the party from participating in any contract for spectrum licenses over ,tribal lands1 participation in the ,tribal ,spectrum ,market1 or additional penalties that the ,commission sees fit to protect ,indian ,tribes' or ,native ,hawaiian organizations' telecommunications resources4 ,in the case of a breaching party that is an ,indian ,tribe or ,native ,hawaiian organization1 the penalty under this clause shall not apply with respect to spectrum over its ,tribal lands of such ,indian ,tribe or ,native ,hawaiian community4 7#d7 ,additional requirements ,this section is subject to additional requirements or other terms and conditions as the ,commission determines necessary to protect the interests of the ,indian ,tribe and ,native ,hawaiian community1 or as determined necessary through subsequent rulemaking subject to the ,tribal consultation requirements under section #h7;c74 #f4 ,existing spectrum licenses and spectrum over ,tribal lands 7a7 ,build or divest process for existing spectrum licenses and spectrum over ,tribal lands 7#a7 ,initiation ,an ,indian ,tribe1 ,native ,hawaiian organization1 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 lands1 yet has not built out to the undeveloped1 unserved1 or underserved ,tribal lands within its license area as of the date of the enactment of this ,act4 7#b7 ,process ,the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity where the spectrum over ,tribal lands is located may file a ,notice of ,intent with the ,commission to initiate the build or divest process to expedite reversion of the third-party licensee spectrum license rights over the aforementioned ,tribal lands to make available the unused or unneeded license rights to the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity4 ,the ,notice of ,intent requires the ,commission-- 7,a7 to include written notification to the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity of the date on which third-party licensee's notice of construction permit fulfillment was filed with the ,commission demonstrating that the third-party licensee satisfied its final construction requirement for the license where the underserved ,tribal lands are located2 7,b7 if the third-party licensee has met applicable construction requirements but ,tribal lands within the spectrum license remain unserved or underdeveloped after the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity files the ,notice of ,intent1 to terminate the third-party licensee's rights over such ,tribal lands after a #a-year time period1 with such spectrum licenses reverting back to the ,indian ,tribe or ,native ,hawaiian organization in perpetuity where the ,tribal lands are located2 and 7,c7 to permit the third-party licensee to opt out of the build or divest process1 after the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity has filed the ,notice of ,intent1 by partitioning or relinquishing its spectrum license to the ,commission1 which shall subsequently relicense the spectrum licenses over the ,tribal lands in perpetuity to the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity1 pursuant to this ,act and the requirements pursuant to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq474 7#c7 ,construction requirement ,if the existing third-party licensee has not satisfied the applicable construction requirements for the spectrum for which it holds licenses over ,tribal lands on the date on which the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity files the ,notice of ,intent1 the spectrum license rights over ,tribal lands where the spectrum is located will automatically be made available to the ,indian ,tribe or ,native ,hawaiian organization4 7#d7 ,expiration ,the license of any third-party licensee that has failed to extend coverage on the underserved ,tribal lands from #a 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 immediately expire1 including all rights to the spectrum licenses4 ,the ,commission shall then immediately reassign the spectrum licenses for the ,tribal lands so that the licenses shall immediately revert to the ,indian ,tribe or ,native ,hawaiian organization where the spectrum is geographically located4 7#e7 ,additional construction requirements ,the applicable construction requirements above are subject to any additional construction requirements determined by the ,commission applicable to ,tribal lands after the date of the enactment of this ,act4 7#f7 ,additional considerations 7,a7 ,expedited process 7i7 ,in general ,the ,commission may make additional considerations to expedite the build or divest process prior to the #a-year expiration period where the geographic coverage area of the spectrum license on ,tribal lands is under duress to deploy broadband or telecommunications services or for the purpose of access to life-saving services1 critical government services1 national or ,state emergencies1 natural disasters1 or in other circumstances where deemed appropriate4 7ii7 ,critical government services1 national emergencies1 and natural disasters ,congress1 ,secretary of the ,interior1 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 considerations to expedite the build or divest process on ,tribal lands where the coverage area of the spectrum license is under duress to expedite deployment of services4 7iii7 ,duress ,for purposes of this subparagraph1 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 existing threat to human life1 the ,federal ,government or ,state government has declared an emergency1 a natural disaster has occurred or will occur1 or there is a need for critical government services4 7,b7 ,longer timelines ,other timelines shall be considered to elongate the timeline to the #a-year expiration period with the consent of the ,indian ,tribe or ,native ,hawaiian organization where a longer time period is needed for special geographic or population needs4 ,the ,commission shall consider additional timelines on an ad hoc basis through consultation with the ,indian ,tribe or ,native ,hawaiian organization over the ,tribal lands of which the third-party licensee possesses a valid spectrum license4 ,considerations of any modified timelines must be made with the written consent of the ,indian ,tribe or ,native ,hawaiian organization4 7,c7 ,other additional considerations ,additional considerations may be made by the ,commission where existing technical rules are insufficient or circumstances are present to unnecessarily restrict types of services that may be deployed within the ,tribal lands with the consent of the ,indian ,tribe or ,native ,hawaiian organization4 7,d7 ,additional rulemaking proceedings ,the ,commission shall1 at the request of ,indian ,tribes or ,native ,hawaiian organizations1 conduct specific rulemaking proceedings where service-specific technical issues arise under this subsection4 7b7 ,failure ,to negotiate in good faith for existing spectrum licenses and spectrum over ,tribal lands 7#a7 ,opportunity to secure access ,where third-party spectrum licenses have been authorized and the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity can show that the third-party licensee entered into negotiations or auctions or secured assignment of an existing spectrum license over ,tribal lands in bad faith1 the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity shall have an opportunity to secure the ,indian ,tribe's or ,native ,hawaiian organization's access to such spectrum licenses4 7#b7 ,process ,the ,indian ,tribe1 ,native ,hawaiian organization1 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 license rights over ,tribal lands and make available the spectrum license rights to the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity over the ,tribal lands or ,hawaiian ,homelands where it is located such spectrum license rights to such ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity4 7#c7 ,timing ,the ,notice of ,intent can be filed at any time during the license term1 provided that the filing ,indian ,tribe1 ,native ,hawaiian organization1 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 ,intent4 7#d7 ,standard ,an ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity may 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 ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity to the ,commission4 ,in demonstrating that the third-party licensee negotiated in bad faith1 the ,commission shall evaluate whether the negotiations were made in good faith through the totality of the circumstances standard4 7#e7 ,good faith negotiation requirement factors ,the relevant factors to determine whether the third-party licensee failed to negotiate in good faith are to include the following objective elements of negotiation standards3 7,a7 ,the third-party licensee must have appointed a negotiating representative with authority to bargain on partitioning and spectrum licensing issues4 7,b7 ,the third-party licensee must have agreed to meet at reasonable times and locations with adequate notice4 7,c7 ,the third-party licensee must not have acted in a manner that would unduly delay the course of negotiations4 7,d7 ,the third-party licensee must not have put forth an unreasonable1 unilateral proposal or further demonstrated an unwillingness to consider alternative reasonable terms or counterproposals4 ,bargaining without consideration of reasonable alternatives is inconsistent with an affirmative obligation to negotiate in good faith4 7,e7 ,the third-party licensee must have showed good faith in negotiations through implementing or concluding action within a reasonable time period with reasonable notice and forum requests that are standard for negotiating practices4 ,this standard is also applicable to any proposed forum requests by either party4 ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities availing themselves of this process can also make a showing that the third-party licensee had reasonable notice or understanding that the ,indian ,tribe1 ,native ,hawaiian organization1 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 extenuating circumstances existed that prohibited reasonable conduct to execute negotiations4 7,f7 ,the ,indian ,tribe1 ,native ,hawaiian organization1 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 writing4 7#f7 ,additional considerations ,the ,commission may make additional considerations for unreasonable behavior or egregious behavior for the totality of the circumstances standard under this subsection to determine whether a party negotiated in bad faith4 7c7 ,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 #f7;a77#e71 a safe harbor exemption may apply to the third-party licensee1 if such licensee has deployed coverage to at least #ij percent of the geographic area over the ,tribal lands within its license coverage area4 #g4 ,tribal ,broadband ,fund 7a7 ,in general ,the ,commission shall establish1 as an additional universal service support mechanism under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed71 a mechanism to be known as the ,tribal ,broadband ,fund4 ,the ,tribal ,broadband ,fund shall provide a source of funds for networks and infrastructure buildout over ,tribal lands1 including support for infrastructure deployment1 middle mile and long haul fiber buildout1 adoption of digital literacy on ,tribal lands1 and other related activities to ensure ,tribal lands have full access to high-speed wireless broadband services and telecommunications services and other spectrum use4 7b7 ,sources of funding ,in addition to universal service contributions under section #bed7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;d771 the ,tribal ,broadband ,fund shall be funded through proceeds from systems of competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 7notwithstanding paragraph 7#h7 of such section7 and any other accounts or reserve funds available to the ,commission1 in amounts to be determined under subsection 7e74 ,should the ,commission find that the ,commission cannot robustly fund the ,tribal ,broadband ,fund from these existing sources1 the ,commission shall undertake a rulemaking proceeding to determine whether the imposition of additional universal service contributions is necessary to ensure a ,tribal ,broadband ,fund commensurate with the funding need1 purposes1 and implementation determined pursuant to subsection 7e74 7c7 ,prioritization ,funding allocations shall be prioritized under the ,tribal ,broadband ,fund where telecommunications or wireless broadband services have been either not deployed or inadequately deployed over ,tribal lands4 ,this includes middle mile fiber1 backhaul costs1 and repairs to damaged infrastructure1 the cost of the repairs to which would be less expensive than the cost of new infrastructure4 7d7 ,technical assistance ,the ,commission shall provide requested technical assistance1 training programs1 and grants to assist ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities1 the ,director of the ,department of ,hawaiian ,home ,lands1 inter-,tribal government organizations1 and universities and colleges with ,tribal serving institutions for the purpose of immediate deployment of telecommunications or wireless broadband services or infrastructure development over ,tribal lands4 7e7 ,rulemaking proceeding 7#a7 ,consultation ,not later than #fj days after the date of the enactment of this ,act1 the ,commission shall initiate and complete the rulemaking process with robust1 interactive1 pre-decisional1 informative1 and transparent consultation with ,indian ,tribes1 ,native ,hawaiian organizations1 and interested qualifying ,tribal entities in order for them to obtain free1 prior1 and informed consent to determine the appropriate funding for the ,tribal ,broadband ,fund from the sources described in subsection 7b7 7including annual set-asides from each such source for the ,tribal ,broadband ,fund71 uses and administration of the ,tribal ,broadband ,fund1 and any other issues related to the establishment and implementation of the ,tribal ,broadband ,fund4 ,this will omit any competitive bidding requirements and any unnecessary barriers or limitations on funding for ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities to expedite the immediate deployment of current generation or better terrestrial and wireless broadband services1 where none are available or need to be updated or built out for the use of critical government services1 national emergencies1 natural disasters1 or life-saving services4 7#b7 ,advisory agency memorandum ,not later than #f months after the date of the enactment of this ,act1 the ,commission shall provide ,indian ,tribes1 ,native ,hawaiian organizations1 and interested qualifying ,tribal entities with an advisory agency memorandum on the issues addressed in paragraph 7#a74 ,such memorandum shall clearly outline the comment process and timeline for responses4 7#c7 ,notice of proposed rulemaking ,not later than #ab months after the date of the enactment of this ,act1 the ,commission shall release a ,notice of ,proposed ,rulemaking1 as described in paragraph 7#b74 7#d7 ,final order ,not later than #ah months after the date of the enactment of this ,act1 the ,commission shall release a final order1 adopting rules and policies associated with the establishment1 implementation1 and administration of the ,commission's permanent ,tribal ,broadband ,fund4 7f7 ,rule of construction ,nothing in this section shall be construed to limit ,indian ,tribes1 ,native ,hawaiian organizations1 or qualifying ,tribal entities from accessing existing or additional funding through the ,commission or any other ,federal agency4 #h4 ,directing the ,commission to engage in rulemaking proceedings for broadband development on ,tribal lands 7a7 ,purpose ,the purpose of this section is to require the ,commission to initiate and complete separate rulemaking proceedings under subsections 7c71 7d71 and 7e7 to provide additional clarification for the deployment and buildout of telecommunications1 broadband1 and wireless services and other full use of spectrum over ,tribal lands and ,hawaiian ,homelands1 including existing reservations1 landless ,indian ,tribes1 noncontiguous land holdings1 uniquely situated ,indian ,tribes1 and ,hawaiian ,home ,lands4 7b7 ,timing ,for each of the rulemakings listed under subsections 7c71 7d71 and 7e71 the ,commission shall initiate or complete each step according to the following timeline3 7#a7 ,consultation ,consultation shall be initiated not later than #f months after the date of the enactment of this ,act4 7#b7 ,advisory agency memoranda ,advisory agency memoranda shall be issued not later than #ab months after the date of the enactment of this ,act4 7#c7 ,notices of ,proposed ,rulemaking ,notices of ,proposed ,rulemaking shall be issued not later than #ah months after the date of the enactment of this ,act4 7#d7 ,final rules ,orders promulgating final rules shall be issued not later than #bd months after the date of the enactment of this ,act4 7c7 ,tribal consultation and engagement 7#a7 ,in general ,the ,commission shall initiate and complete a rulemaking proceeding to best determine how to conduct robust1 interactive1 pre-decisional1 informative1 and transparent consultation with ,indian ,tribes and ,native ,hawaiian organizations in order to obtain free1 prior1 and informed consent prior to the approval of1 and before adopting administrative measures that affect ,tribal lands1 or other associated ,tribal resources4 ,prior to initiating such proceeding1 the ,commission shall also engage with the ,,fcc ,native ,nations ,communications ,task ,force1 qualifying ,tribal entities1 ,native-owned telecommunications providers1 and ,tribal organizations with telecommunications expertise4 7#b7 ,primary goal ,the primary goal of the rulemaking under paragraph 7#a7 shall be to determine how the ,commission can best establish a binding agency policy for ,tribal consultation for policy development and agency action to provide proper notice and guidance1 introduce mapping tools1 provide robust outreach1 and make government-to-government training accessible to ,indian ,tribes and ,native ,hawaiian organizations to preserve and develop spectrum rights and spectrum access over ,tribal lands1 and to expedite the immediate deployment of wireless broadband services1 other wireless services1 or other full use of spectrum over ,tribal lands for critical government services1 national emergencies1 natural disasters1 or life-saving services4 7#c7 ,additional consultation ,in conducting the rulemaking under paragraph 7#a71 the ,commission shall engage with ,native ,hawaiian organizations1 and appropriate authorities of the ,state of ,hawaii1 to identify and designate potential existing entities within the ,state government of ,hawaii1 and the ,native ,hawaiian organizations or the community1 for standing as licensable entities for the purpose of spectrum licensing rights and spectrum over the ,hawaiian ,home ,lands4 7#d7 ,notice ,the ,commission's ,tribal consultation meetings shall be made open to the public and subject to reasonable and timely notice published in the ,federal ,register1 and through other appropriate public methods1 not later than #cj days prior to the scheduled meeting4 ,the ,commission shall make additional considerations for adequate notification to ,indian ,tribes1 ,native ,hawaiian organizations1 and interested qualifying ,tribal entities1 that lack telecommunications services on ,tribal lands4 7#e7 ,additional consultation and notice ,open and public ,tribal consultation and appropriate notice and outreach to ,indian ,tribes1 ,native ,hawaiian organizations1 and interested qualifying ,tribal entities shall be presented during each of the additional rulemakings prescribed in this section4 ,the ,commission shall conduct each such additional rulemaking in accordance with the rules for consultation issued by the ,commission in the rulemaking under paragraph 7#a7 of this subsection4 7d7 ,tribal economic development 7#a7 ,available funding opportunities 7,a7 ,in general ,the ,commission shall initiate and complete a rulemaking proceeding to streamline applications to expedite funding 7including through the ,commission's funding opportunities and other funding opportunities that may be available through other agencies7 on ,tribal lands for buildout of telecommunications1 broadband1 and wireless services1 or other full use of spectrum or infrastructure development over ,tribal lands for critical government services and national emergencies4 7,b7 ,,onap ,federal ,funding ,director ,in the rulemaking under subparagraph 7,a71 the ,commission shall establish within the ,office of ,native ,affairs and ,policy 7,,onap7 of the ,commission the position of ,federal ,funding ,director4 ,the ,director shall have the following duties3 7i7 ,to coordinate with ,indian ,tribes1 ,native ,hawaiian organizations1 and interested qualifying ,tribal entities to access the ,commission's funding opportunities1 or other funding opportunities that may be available through other agencies1 and assist with the application processes for the ,tribal ,broadband ,fund and other universal service support mechanisms4 7ii7 ,to coordinate with other ,federal agencies that provide telecommunications and infrastructure funding to ,indian ,tribes1 ,native ,hawaiian organizations1 or interested qualifying ,tribal entities to assist with expedited wireless broadband service and other telecommunications deployment over ,tribal lands4 7#b7 ,new ,tribal ,spectrum ,market 7,a7 ,in general ,the ,commission shall initiate and complete a rulemaking proceeding to establish a new ,tribal ,spectrum ,market4 ,such market shall be an optional forum solely for the participation of ,indian ,tribes1 qualifying ,tribal entities1 and ,native ,hawaiian organizations to engage with other ,indian ,tribes1 qualifying ,tribal entities1 and ,native ,hawaiian organizations for leasing and assignment opportunities for the purpose of economic and business development on ,tribal lands for participants who choose to participate4 ,participation in such market shall not disallow ,indian ,tribes1 ,native ,hawaiian organizations1 or qualifying ,tribal entities from participating in any other auction forum1 or hinder their participation in secondary markets4 7,b7 ,purpose ,in furtherance of the ,federal trust responsibility1 ,tribal self-governance1 and to develop robust economic resources on ,tribal lands1 the ,commission shall make all unwanted spectrum over ,tribal lands available to other ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities through the ,tribal ,spectrum ,market and notify other ,indian ,tribes1 ,native ,hawaiian organizations1 and interested qualifying ,tribal entities identified under subsection 7c7 through adequate notification processes established under this ,act4 ,participants identified under this subsection must provide written consent to the ,commission to make their unwanted spectrum over ,tribal lands available to other ,indian ,tribes1 ,native ,hawaiian organizations1 or qualifying ,tribal entities through the ,tribal ,spectrum ,market4 7,c7 ,limitations ,participants that are not identified under subsection 7d77#b77;,b7 above shall not be eligible to participate in the ,tribal ,spectrum ,market4 7e7 ,undefined areas for development and deployment of ,tribal broadband1 wireless services1 and spectrum 7#a7 ,areas of ,tribal interests and non-geographically defined areas ,the ,commission shall initiate and complete a rulemaking proceeding to address unique land status on ,tribal lands and associated undefined geographic areas of interest1 including-- 7,a7 spectrum that is not geographically defined due to spectrum propagation characteristics2 and 7,b7 with respect to the build or divest process under section #f7;a71 questions over control of meteorological spectrum licenses over ,tribal lands4 7#b7 ,primary ,tribal areas of interest ,the ,commission shall initiate and complete a rulemaking proceeding to create licensing areas for ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities to provide spectrum licenses covering areas that are primary ,tribal areas of interest1 including noncontiguous land holdings1 small or uniquely situated ,indian ,tribes1 and undefined ,tribal lands or undefined ,hawaiian ,home ,lands4 ,such proceeding shall also address deployment of digital services and other full use of spectrum over ,tribal lands1 including spectrum development1 infrastructure1 and deployment of wireless broadband service and other wireless services for landless ,indian ,tribes or ,native ,hawaiian communities4 7#c7 ,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 lands1 including-- 7,a7 ,indian ,tribes'1 ,native ,hawaiian organizations'1 and qualifying ,tribal entities' ability to make wireless services available to ,tribal members who reside in areas just outside the boundaries of ,tribal lands2 and 7,b7 interference issues with neighboring licenses4 7#d7 ,military1 national security1 and international laws for spectrum management and coordination ,the ,commission shall1 in consultation with the ,secretary of ,defense and the ,secretary of ,commerce1 initiate and complete a rulemaking proceeding to develop a nationwide framework for spectrum management and coordination that-- 7,a7 addresses-- 7i7 the relationship of spectrum over ,tribal lands to spectrum used by the ,federal ,government1 including the ,department of ,defense2 and 7ii7 the relationship of spectrum over ,tribal lands to international laws and negotiations relating to the use of spectrum1 including international exclusion zones2 and 7,b7 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 coordination4 7#e7 ,new buildout requirements for existing license holders ,in carrying out section #f7;a7 7relating to the build or divest process71 the ,commission shall do the following3 7,a7 ,additional construction requirements for large or remote ,tribal lands ,where an existing third-party licensee has satisfied the applicable construction requirements for a license over ,tribal lands1 yet the area that the license covers remains underserved1 the ,commission shall initiate and complete a rulemaking proceeding to determine an additional construction requirement for the ,tribal lands of large1 land-based ,indian ,tribes to expedite service and immediate broadband and telecommunications deployment or other full use of spectrum over ,tribal lands4 7,b7 ,additional timeline considerations ,subject to section #f7;a71 the ,commission 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 lands4 ,considerations of any modified timelines must be made with the adequate consent of the ,indian ,tribe or ,native ,hawaiian organization4 7#f7 ,specific bands of available spectrum over ,tribal lands 7,a7 ,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 services over ,tribal lands as defined under this ,act1 including existing reservations1 landless ,indian ,tribes1 noncontiguous land holdings1 uniquely situated ,indian ,tribes1 and the ,hawaiian ,home ,lands4 7,b7 ,requirements ,in carrying out subparagraph 7,a71 the ,commission shall-- 7i7 hold field hearings initiated with adequate notice2 7ii7 establish and make public specific processes to identify available spectrum bands over ,tribal lands2 and 7iii7 submit an analytical report to ,congress to be made available to ,indian ,tribes1 ,native ,hawaiian organizations1 and associated ,tribal entities identified under subsection 7c77#a74 7#g7 ,additional revision and buildout requirements to expedite deployment of wireless services 7,a7 ,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 lands4 ,these new buildout requirements shall preempt buildout requirements established before the date of the enactment of this ,act4 7,b7 ,purposes ,the purpose of the establishment of these new buildout requirements is not intended to revoke spectrum licenses from third-party licensees1 but to ensure that development of telecommunications networks or other full use of spectrum over ,tribal lands is expedited to deploy critical government services1 provide access to life-saving resources1 and establish 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 metropolitan area4 7#h7 ,development of rights-of-way and broadband deployment 7,a7 ,in general ,in strict compliance with ,tribal consultation and notice procedures established under subsection 7c71 the ,commission shall1 in conjunction with the ,secretary of the ,interior or the heads of other participating ,federal agencies1 initiate and complete a rulemaking proceeding to issue nonbinding1 model regulations for grants of rights-of-way over ,tribal lands for the potential development of telecommunications infrastructure4 ,if the ,commission1 the ,secretary of the ,interior1 or the head of another participating ,federal agency initiates and completes an aforementioned rulemaking proceeding without pre-decisional1 informative1 and transparent ,tribal consultation1 as specified under subsection 7c71 it shall be invalid guidance considered nonbinding precedent on any subsequent decisions4 7,b7 ,issue areas to be included ,any model regulations issued under subparagraph 7,a7 shall include analysis of right-of-way buildout proposals and broadband deployment generally as it relates to ,indian ,tribes1 ,native ,hawaiian organizations or communities1 and ,tribal lands1 including the following3 7i7 ,permitting and review process generally1 including land use permitting and facilities siting4 7ii7 ,review processes and robust1 interactive guidelines in compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including small-cell infrastructure4 7iii7 ,review processes and guidelines in compliance with division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7formerly known as the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq4771 including small-cell infrastructure4 7iv7 ,potential damage to sacred sites and heritage sites on or near ,tribal lands4 7v7 ,additional considerations and analysis for ,indian ,tribes1 ,native ,hawaiian organizations1 and ,tribal lands with respect to the impacts of expedited permitting decisions and buildout requirements for broadband projects or other future development of telecommunications infrastructure or spectrum development over ,tribal lands and deployment of new generation networks1 with an emphasis on #e;,g networks generally4 7vi7 ,procedural proposals on how to best establish robust ,tribal consultation between ,indian ,tribes and ,native ,hawaiian organizations and the ,commission1 and other associated ,federal agencies1 for the development of optional rights-of-way for broadband deployment1 spectrum use or development1 or telecommunications infrastructure4 #i4 ,technical assistance for spectrum management1 contractual agreements1 and procedural requirements 7a7 ,spectrum management ,at the request of an ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity1 the ,commission1 acting through the ,office of ,native ,affairs and ,policy1 shall provide technical assistance and guidance for the most efficient and effective use of spectrum and spectrum management for the benefit of the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity that submitted the request1 including deployment of wireless services or other full use of spectrum over ,tribal lands4 ,this technical assistance and guidance shall include the following3 7#a7 ,best practices for ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities to secure access to spectrum and manage spectrum4 7#b7 ,how to best expedite the immediate deployment of broadband and telecommunications services or other full use of spectrum over ,tribal lands1 including support for-- 7,a7 infrastructure development1 fiber buildout1 adoption of digital literacy on ,tribal lands1 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 lands2 7,b7 assistance for procedures enumerated under sections #e1 #f1 and #g2 and 7,c7 participation in the ,tribal ,spectrum ,market and other spectrum programs managed by the ,commission4 7#c7 ,coordination with other ,federal agencies for activities related to ,tribal spectrum management1 deployment of wireless services1 infrastructure development1 or other full use of spectrum over ,tribal lands1 or related activities1 including coordinating with all applicable agencies with available ,federal funding opportunities for which ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities are eligible to apply to further support deployment of broadband on ,tribal lands4 7b7 ,contractual agreements and notice of intent requirements ,the ,commission1 acting through the ,office of ,native ,affairs and ,policy1 shall provide technical assistance and guidance to the ,indian ,tribe1 ,native ,hawaiian organization1 and qualifying ,tribal entity that submitted the request on the activities under this ,act1 including1 but not limited to-- 7#a7 contractual negotiations to assign or lease spectrum to other ,indian ,tribes1 ,native ,hawaiian organizations1 qualifying ,tribal entities1 or third-party licensees1 including general information relating to activities under section #e7;b7 7including the fair market value of spectrum licenses1 deployment of telecommunications services1 and penalties under paragraph 7#c77;,c77ii7 of such section7 and participation in the ,tribal ,spectrum ,market2 and 7#b7 filing a ,notice of ,intent and associated procedures and timelines specified under section #f4 7c7 ,wireless broadband deployment and adoption 7#a7 ,in general ,the ,commission shall1 acting through the ,office of ,native ,affairs and ,policy and at the request of an ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity1 provide technical assistance to apply for and participate in the ,tribal ,broadband ,fund1 other universal service support mechanisms1 and the ,tribal ,spectrum ,market4 ,requests under this paragraph from ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities shall receive priority where telecommunications or wireless broadband services on ,tribal lands have either not been deployed or have been inadequately deployed4 ,this includes assistance for associated backhaul1 repairs to damaged infrastructure1 or new infrastructure to deploy wireless broadband service4 7#b7 ,additional technical assistance ,in addition to the technical assistance provided under paragraph 7#a71 the ,commission shall provide further technical assistance that includes training programs and grant assistance to ,indian ,tribes1 ,native ,hawaiian organizations1 qualifying ,tribal entities1 the ,director of the ,department of ,hawaiian ,home ,lands1 inter-,tribal government organizations1 and universities and colleges with ,tribal serving institutions for the purpose of immediate deployment of telecommunications or wireless broadband services1 infrastructure development over ,tribal lands1 and related activities identified under this ,act4 7d7 ,department of the ,interior1 ,department of ,commerce1 and ,commission ,the ,secretary of the ,interior1 the ,secretary of ,commerce1 and the ,commission shall provide technical assistance to ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities 7and1 if located on ,tribal lands1 to schools1 libraries1 health care facilities1 public safety entities1 ,tribal chapter houses1 community centers1 government buildings of an ,indian ,tribe1 and locations where ,tribal1 ,state1 and ,federal elections and census activities are carried out7 to resolve barriers to the deployment and adoption of wireless broadband service and other services provided using spectrum1 including-- 7#a7 classes or other education related to computer literacy2 7#b7 acquisition of computers and related hardware and software2 7#c7 use of wireless broadband service and computers for public safety and emergency communications services and interoperability2 7#d7 use of spectrum and wireless broadband service and computers where ,tribal1 ,state1 and ,federal elections and census activities are carried out2 7#e7 use of spectrum and wireless broadband service and computers to respond to public emergencies1 including health and biohazard threats and natural disasters2 and 7#f7 such other areas as the ,commission1 or relevant ,federal agencies that have a role conducting activities on ,tribal lands1 determines to be advisable to increase the deployment and adoption of wireless broadband service and other services provided using spectrum on ,tribal lands1 or where an ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity holds a valid and active spectrum license4 7e7 ,additional requirements ,nothing under this section should limit or supersede the ,commission's1 or other ,federal agencies'1 existing responsibilities or engagement with ,indian ,tribes1 ,native ,hawaiian organizations or communities1 and qualifying ,tribal entities4 #aj4 ,annual reporting requirements 7a7 ,annual report ,not later than #ah months after the date of the enactment of this ,act1 and annually thereafter1 the ,commission shall submit to ,congress and the ,federal agencies specified in subsection 7b7 both a report on the deployment of broadband and a spectrum license inventory over ,tribal lands that include the following information3 7#a7 ,the ,commission's work with ,indian ,tribes1 ,native ,hawaiian organizations1 qualifying ,tribal entities1 and associated ,tribal organizations1 including spectrum-related matters1 and efforts to bolster ,tribal outreach through individual consultation1 funding access1 expansion of access to broadband or other full use of spectrum over ,tribal lands1 activities executed through the ,office of ,native ,affairs and ,policy1 rulemakings that have been executed related to such matters under this ,act1 and general updates4 7#b7 ,the ,commission's data collection on whether spectrum license and auction applicants and existing spectrum license holders over ,tribal lands are either ,indian ,tribes1 ,native ,hawaiian organizations1 qualifying ,tribal entities1 or third-party licensees4 ,the ,commission shall implement a requirement to record the ownership classification of all future spectrum licenses and new agreements established under section #e7;b74 7#c7 ,a verification that the ,commission has provided information about assigned and unassigned licenses and license holders to the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity where the licenses are geographically located1 including a detailed description of the licenses1 license holders1 and the ,indian ,tribe1 ,native ,hawaiian organization1 or qualifying ,tribal entity to which the information was provided4 7#d7 ,verification that the ,commission has made contact information easily accessible for ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities about participation in any opportunities to operate spectrum licenses over ,tribal lands1 secondary market opportunities1 and the respective processes4 7#e7 ,geographic locations on ,tribal lands where broadband or wireless telecommunications services have not been built out or deployed4 7#f7 ,recommendations on how the ,commission will support ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities to obtain spectrum licenses and further deploy broadband connectivity and other wireless telecommunications services over ,tribal lands where networks have not been developed4 7#g7 ,publication of available ,federal funding across all agencies for which ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities are eligible to apply to further support deployment of broadband and telecommunications services on ,tribal lands4 7b7 ,submission of recommendations ,not later than #ah months after the date of the enactment of this ,act1 the ,commission shall make publicly available and submit all annual reporting and recommendations developed under subsection 7a7 to-- 7#a7 ,indian ,tribes1 ,department of ,hawaiian ,home ,lands1 and ,native ,hawaiian organizations2 7#b7 the ,department of the ,interior2 7#c7 the ,committee on ,indian ,affairs of the ,senate2 7#d7 the ,committee on ,natural ,resources of the ,house of ,representatives2 7#e7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#f7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7#g7 the ,,fcc ,native ,nations ,communications ,task ,force2 7#h7 ,tribal organizations with telecommunications expertise2 and 7#i7 requesting qualifying ,tribal entities4 #aa4 ,definitions ,in this ,act3 7#a7 ,advisory agency memorandum ,the term advisory agency memorandum means documentation to be produced by the ,commission after each ,tribal consultation1 prior to the development of ,commission policy1 or execution of ,commission action that impacts ,tribal interests or ,tribal lands4 ,the purpose of such documentation is to make available to the public documentation of the proactive measures of the ,commission to provide proper notice and guidance1 introduce policy proposals1 provide robust outreach1 and make government-to-government training and communication accessible to ,indian ,tribes1 ,department of ,hawaiian ,home ,lands1 and interested ,native ,hawaiian organizations to preserve existing ,tribal resources and further develop ,tribal interests on ,federal lands in furtherance of the trust responsibility4 ,such documentation shall establish the scope1 purpose1 timelines1 relevant ,bureaus and ,offices of the ,commission1 and relevant ,commission actor for each ,tribal consultation4 ,such documentation shall include the method for disseminating information to the public1 and the dates and method of outreach to the relevant ,indian ,tribes1 ,native ,hawaiian organizations1 and interested qualifying ,tribal entities4 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,critical government service ,the term critical government service means any service provided by an ,indian ,tribe or ,native ,hawaiian organization1 or ,department of ,hawaiian ,home ,lands1 or through an extension or qualifying ,tribal entity of an ,indian ,tribe1 that is used to-- 7,a7 preserve or protect ,tribal self-governance2 7,b7 control internal relations2 7,c7 create economic development and the opportunity for residents of ,tribal lands1 ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities to engage in the broadband economy1 telecommunications markets1 and future development of spectrum2 7,d7 regulate ,tribal lands and internal domestic relations2 or 7,e7 manage governmental services1 buildings1 or emergency response1 including-- 7i7 response to national emergencies or biohazard threats2 7ii7 public safety2 7iii7 education2 7iv7 healthcare services and data2 7v7 development of natural resources2 7vi7 postal services2 7vii7 ,tribal buildings 7including libraries1 ,tribal chapter houses1 long houses1 senior centers1 community centers1 and other similar government buildings of an ,indian ,tribe or ,native ,hawaiian organization with community purpose72 7viii7 cultural and language preservation2 7ix7 voting and services relating to voting in ,tribal1 ,state1 and ,federal elections2 7x7 services relating to the ,federal census count1 for the general welfare and sustainability of its ,tribal lands or membership1 and realization of full autonomy of resource management and economic development1 activity1 and opportunity2 or 7xi7 additional essential governmental services1 including infrastructure and economic development1 that provide support to an ,indian ,tribe's programs and services4 7#d7 ,digital literacy ,the term digital literacy means information and communications for the purpose of developing support for technological deployment and understanding of issues including infrastructure deployment1 fiber buildout1 network connectivity1 spectrum market opportunities1 associated ,commission programs and funding opportunities1 and other related resources to expedite the immediate deployment and full access to telecommunications1 broadband1 spectrum1 and wireless services available for effective and efficient use on ,tribal lands4 7#e7 ,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#f7 ,indian ,tribe ,the term ,indian ,tribe means the governing body of any individually identified and federally recognized ,indian or ,alaska ,native ,tribe1 band1 nation1 pueblo1 village1 community1 affiliated ,tribal group1 or component reservation in the list published pursuant to section #ajd7;a7 of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca7;a774 7#g7 ,native ,hawaiian ,organization ,the term ,native ,hawaiian organization-- 7,a7 means any organization-- 7i7 that serves the best interests of ,native ,hawaiians2 7ii7 in which ,native ,hawaiians serve in substantive and policymaking positions2 7iii7 that has as a primary and stated purpose the provision of services to ,native ,hawaiians2 7iv7 that is recognized for having expertise in ,native ,hawaiian affairs1 including digital connectivity and broadband access2 and 7v7 that administers land applicable under paragraph 7#ac72 and 7,b7 includes the ,department of ,hawaiian ,home ,lands4 7#h7 ,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 ,tribes2 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#i7 ,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#aj7 ,spectrum over ,tribal lands ,the term spectrum over ,tribal lands means all spectrum on ,tribal lands1 including wireless1 radio1 television1 broadcast1 commercial and noncommercial uses1 and current generation or better wireless broadband services4 7#aa7 ,third-party licensee ,the term third-party licensee means a third party or qualifying ,tribal entity that possesses valid spectrum license rights over ,tribal lands1 or an eligible third-party licensee that an ,indian ,tribe or ,native ,hawaiian organization chooses to negotiate spectrum licenses 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 requirements4 7#ab7 ,tribal ,broadband ,fund ,the term ,tribal ,broadband ,fund means the additional universal service support mechanism established by the ,commission under section #g to provide ,federal funding to ,indian ,tribes1 ,native ,hawaiian organizations1 and qualifying ,tribal entities from universal service contributions1 auctions proceeds1 or any other accounts or reserve funds available to the ,commission1 for the purpose of providing a source of support for infrastructure deployment1 middle mile and long haul fiber buildout1 adoption of digital literacy1 and other related resources to expedite the immediate deployment of and full access to telecommunications1 broadband1 spectrum use and future development1 wireless services 7including wireless broadband service71 and other purposes specified under section #g for effective and efficient use on ,tribal lands4 7#ac7 ,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 ,this term also includes the definition ,hawaiian ,home ,lands as defined under paragraph 7#e74 7#ad7 ,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