Sec. 501. Pilot program for Tribal grant of rights-of-way for broadband facilities

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In this section: The term program means the Tribal Broadband Right-of-Way Pilot Program established under subsection (b)(1). The term Secretary means the Secretary of the Interior. The Secretary shall establish a pilot program, to be known as the Tribal Broadband Right-of-Way Pilot Program , under which the Secretary shall delegate to the Indian Tribes selected under paragraph

(3)the authority under the first section of the Act of February 5, 1948 (62 Stat. 17, chapter 45; 25 U.S.C. 323 ) to grant rights-of-way described in paragraph

(2)over and across Tribal land. A right-of-way referred to in paragraph

(1)is a right-of-way for the construction, maintenance, and facilitation of broadband service, which may include— towers; cables; transmission lines; and any other equipment necessary for construction, maintenance, and facilitation of broadband service. Subject to subparagraph

(B)and in accordance with subsection (c), the Secretary shall select not fewer than 10 Indian Tribes to participate in the program. Of the Indian Tribes selected under subparagraph (A), not fewer than 5 shall be Indian Tribes the land of which is located within the State of Arizona or the State of New Mexico. Except as provided in subparagraph (B), an Indian Tribe participating in the program may grant a right-of-way described in paragraph

(2)over and across the land of the Indian Tribe without the approval of, or a grant by, the Secretary, if— the right-of-way is granted in accordance with the regulations of the Indian Tribe approved by the Secretary under subsection (c); and the term of the right-of-way does not exceed 25 years, except that a right-of-way may include an option to renew the right-of-way for not more than 2 additional terms, each of which may not exceed 25 years. An Indian Tribe may not grant a right-of-way under subparagraph

(A)over and across an individual Indian allotment under section 4 of the Act of February 8, 1887 (commonly known as the Indian General Allotment Act ) (24 Stat. 389, chapter 119; 25 U.S.C. 334 ). 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 (b)(2). The Secretary may only select for participation in the program Indian Tribes the proposed regulations of which are approved by the Secretary under this subsection. The Secretary may approve the proposed regulations of an Indian Tribe if the regulations— are consistent with any regulations issued by the Secretary under section 6 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 328 ); and provide for an environmental review process that includes— the identification and evaluation by the Indian Tribe of any significant impacts of the proposed right-of-way on the environment; and a process for ensuring that— the public is informed of, and has a reasonable opportunity to comment on, any impacts identified by the Indian Tribe under clause (i); and the Indian Tribe provides responses to relevant and substantive public comments received under subclause (I). On request of an Indian Tribe desiring to participate in the program, the Secretary shall provide technical assistance for development of proposed regulations to be submitted in the application of the Indian Tribe under paragraph (1), including technical assistance for development of a regulatory environmental review process that meets the requirements of paragraph (3)(B). Technical assistance provided by the Secretary under subparagraph

(A)may be made available to Indian Tribes described in clause

(ii)through contracts, grants, or agreements entered into in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 et seq.). An Indian Tribe referred to in clause

(i)is an Indian Tribe eligible for contracts, grants, or agreements under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 et seq.). Not later than 120 days after the date on which an application is submitted to the Secretary under paragraph (1), the Secretary shall review and approve or disapprove the proposed regulations contained in the application. If the Secretary disapproves the regulations under subparagraph (A), the Secretary shall— notify the Indian Tribe that the regulations have been disapproved; and include with the notification written documentation that describes the basis for the disapproval. After consultation with the Indian Tribe, the Secretary may extend the deadline described in subparagraph

(A)for an additional 120-day period. 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 agency, 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 (c)(3)(B). If an Indian Tribe participating in the program grants a right-of-way under the program, the Indian Tribe shall submit to the Secretary— a copy of the right-of-way, including any amendments or renewals to the right-of-way; and 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 Tribe, 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 (f)(2). 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 program. 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 (including regulations), the Secretary may, on request by, and after reasonable notice from, an Indian Tribe, enforce the provisions of, or cancel, any right-of-way granted by the Indian Tribe under the program. The Secretary shall enforce the provisions of, or cancel, any right-of-way under subparagraph

(A)in accordance with the regulations issued by the Secretary under section 6 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 328 ). A duly enrolled member of an Indian Tribe, after exhausting any applicable Tribal remedies, may submit to the Secretary, at such time and in such form as the Secretary determines to be appropriate, 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 (c). If, after carrying out a review under paragraph (1), the Secretary determines that the Indian Tribe violated the regulations, the Secretary, subject to paragraph (3)(B), may take any action the Secretary determines to be necessary to remedy the violation, including— rescinding the approval of the regulations; and reassuming the authority to grant rights-of-ways described in subsection (b)(2) delegated to the Indian Tribe under the program. If the Secretary determines that the Indian Tribe violated the regulations and a remedy is necessary, the Secretary shall— submit to the Indian Tribe a written notification of the regulations that have been violated; and prior to the exercise of any remedy under paragraph (2), provide the Indian Tribe with— a hearing that is on the record; and a reasonable opportunity to cure the alleged violation. The authority of the Secretary to carry this section shall terminate 10 years after the date of enactment of this Act.

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