NTIA Tribal Broadband Connectivity Program_Round 2_NOFO.Final (1).pdf

Notice of Funding Opportunity – 1

NOTICE OF FUNDING OPPORTUNITY

TRIBAL BROADBAND CONNECTIVITY PROGRAM

EXECUTIVE SUMMARY

A. Federal Agency Name

National Telecommunications and Information Administration (NTIA), U.S. Department of Commerce

B. Funding Opportunity Title

Tribal Broadband Connectivity Program

C. Announcement Type

Initial

D. Funding Opportunity Number

NTIA-ICG-TBCPO-2023-2008098

E. Assistance Listing (CFDA Number)

11.029, Tribal Broadband Connectivity Program

F. Key Dates

• Applications submitted online through the Grants.gov system must be received no later than 11:59 p.m. Eastern Time (ET) on January 23, 2024.

• Applications submitted by postal mail or by courier service must be postmarked (for postal mail) or show clear evidence of mailing (for courier submissions) no later than 11:59 p.m. Eastern Time (ET) on January 23, 2024.

• Applications submitted by electronic mail must be received no later than 11:59 p.m.

Eastern Time (ET) on January 23, 2024.

• See Section D in the Full Announcement Text of this Notice of Funding Opportunity (NOFO) for detailed information concerning application submission requirements.

Eligible Entities must submit a single application by the application deadline to be eligible for program funding. The Tribal Broadband Connectivity Program (TBCP) is not a formula or block grant program and a single application for funding must be timely submitted by an Eligible Entity to receive funding consideration from NTIA.

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G. Application Submission Address

Complete application packages may be submitted: (i) electronically through www.grants.gov; (ii) through electronic mail; or (iii) by postal mail or courier. NTIA prefers that applicants use Grants.gov to submit their applications; however, applicants must submit complete application packages using only one of these methods and may not submit partial or duplicate applications using multiple methods of transmission. See Section D of this NOFO for detailed information concerning application submission requirements.

Eligible Entities may only submit a single application for funding pursuant to this program.

Accordingly, an Eligible Entity’s single application must include the total amount of funding being requested and must account for all projects that will utilize the requested funding. See Section C.3.a of this NOFO for additional information on the single application requirement.

H. Funding Opportunity Description

NTIA issues this NOFO to describe the requirements under which it will award grants for the second round of the TBCP, authorized by the Consolidated Appropriations Act, 2021, Division N, Title IX, Section 905(c), Public Law 116-260, 134 Stat. 1182 (Dec. 27, 2020) (Act), as amended by the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, Division F, Title II, Section 60201, Public Law 117-58, 135 Stat. 429 (Nov. 15, 2021) (IIJA). The TBCP provides new federal funding for grants to Eligible Entities to expand access to and adoption of: (i) broadband service on Tribal Land;

or (ii) programs that promote the use of broadband to access remote learning, telework, or telehealth resources. See Section A of this NOFO for the full description of this program.

I. Funding Instrument

Grant.

J. Eligibility

Section 905(a)(8) of the Act specifies the following entities as eligible to receive grants pursuant to the TBCP: (i) a Tribal Government; (ii) a Tribal College or University; (iii) the Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community, including Native Hawaiian Education Programs; (iv) a Tribal organization; or (v) an Alaska Native Corporation.

There are several instances where applicants will need to obtain a Tribal Government Resolution.

Each Eligible Entity must coordinate internally (which includes all departments, subsidiaries, etc.) in submitting its single application. In an instance where one Eligible Entity is a subsidiary of another (e.g., a Tribal Government and a subsidiary Tribal College or University), this shall not affect the subsidiary’s eligibility to submit its own application, so long as it includes the requisite Tribal Government Resolution. Eligible Entities that previously received TBCP grant funding may apply for additional grant funding pursuant to this NOFO. See Section C of this NOFO for additional information concerning the eligibility requirements for this program.

http://www.grants.gov/

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K. Anticipated Amounts

NTIA will make approximately $980,000,000 available in this NOFO for federal assistance under the TBCP.1 Section 905(c)(3)(A) of the Act directs NTIA to make available not less than 3 percent of the amounts appropriated under subsection (b)(1) for the benefit of Native Hawaiians. Accordingly, NTIA allocated not less than $30,000,000 to the Department of Hawaiian Home Lands (DHHL) on behalf of the Native Hawaiian Community in the June 3, 2021 TBCP NOFO (i.e., the first round of funding). IIJA appropriated an additional $2 billion in new funding for grants under this program; thus, NTIA will allocate 3 percent of this amount, or $60,000,000, to DHHL on behalf of the Native Hawaiian Community. Thus, the total TBCP allocation for DHHL – between the first and second rounds of funding – is $90,000,000. In determining the funding amount available to DHHL in this second round of funding, NTIA has accounted for amounts awarded during the first round and subtracted those from the $90,000,000 total.2 Accordingly, this second NOFO makes $72,715,237.15 available to DHHL for eligible activities.3

To meet the equitable distribution requirement of the Act, NTIA will allocate up to $500,000 to each of the Federally Recognized Tribes delineated by the Department of the Interior’s Bureau of Indian Affairs in accordance with Section B.3 of this NOFO. The $500,000 allocation is not a funding cap for Federally Recognized Tribes, but rather is intended to ensure that program funding is equitably distributed by NTIA to all Eligible Entities, including Federally Recognized Tribes. Equitable distributions of up to $500,000 will be awarded only to Tribal Governments that have not previously received a TBCP award (which includes equitable distribution awards) in the first round of funding from the TBCP. For consortium or regional applications that include Tribal Governments, equitable distribution amounts of up to $500,000 per participating Tribal Government (that has not previously received a TBCP award) within the consortium would be awarded to the consortium’s lead applicant on behalf of the eligible participating Tribal Governments.4 Lead consortium applicants that previously received TBCP funding may apply with a consortium, composed of new Tribes that did not receive funding in the first round of TBCP awards. Lead consortium applicants that received an award for a Planning, Engineering, Feasibility and Sustainability Studies project in the first round of TBCP funding may submit an application for a Broadband Infrastructure Deployment project in the second round of TBCP funding consisting of the same Tribes that participated in the first-round consortium.

NTIA expects to allocate not more than $100 million to standalone Broadband Use and Adoption projects.

NTIA expects to make awards under this program within the following funding ranges:

Broadband Infrastructure Deployment Projects proposed by a single applicant: $1,000,000 to $50,000,000.

1 This figure reflects the amount remaining from the funding appropriated for the TBCP, including the additional funding appropriated through IIJA’s Tribal Connectivity Technical Amendments, minus the two percent of that sum allocated for administrative purposes pursuant to section 905(c)(3)(B) of the Act.

2 On December 19, 2022, NTIA announced a TBCP award in the amount of $17,284,762.85 to DHHL.

3 The application for these funds must meet all NOFO requirements to qualify for funding.

4 The lead applicant will be required to submit a Tribal Government Resolution from each participating Tribal Government as part of its application package.

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Broadband Use and Adoption Projects (includes Digital Equity Planning): $100,000 to $2,500,000.

These funding ranges are not required minimums or maximums, but Eligible Entities requesting funding for projects outside of these ranges must provide a reasonable explanation for the variance in their project size. Consortium applications are encouraged. Additional funding level justification is not required for consortium applications for Broadband Use and Adoption projects that do not exceed $2,500,000 per consortium member or for consortium applications for Broadband Infrastructure Deployment projects that do not exceed $50,000,000 per consortium member.

The period of performance for Broadband Use and Adoption projects and for Broadband Infrastructure Deployment projects is up to four years; however, the Assistant Secretary may extend the period of performance beyond four years if certain conditions are met. See Section B of this NOFO for additional information pertaining to award amounts and to the period of performance for grants issued pursuant to this NOFO.

L. Cost Sharing/Matching

The Act does not contain a statutory cost sharing or matching funds requirement. NTIA will not require an Eligible Entity applying for a grant under the TBCP to provide a non-federal cost contribution. See Section C of this NOFO for more information pertaining to the cost sharing requirements for this program.

Table of Contents A. Program Description B. Federal Award Information C. Eligibility Information D. Application and Submission Information E. Application Review Information F. Federal Award Administration Information G. Federal Awarding Agency Contacts H. Other Information

FULL ANNOUNCEMENT TEXT

A. Program Description

NTIA issues this NOFO to describe the requirements under which it will award grants for the second round of funding for the TBCP, authorized by the Consolidated Appropriations Act, 2021, Division N, Title IX, Section 905(c), Public Law 116-260, 134 Stat. 1182 (Dec. 27, 2020) (Act), as amended by the Infrastructure Investment and Jobs Act, 2021, Division F, Title II, Section 60201, Public Law 117-58, 135 Stat. 429 (Nov. 15, 2021) (IIJA).

1. Background. The Internet plays a vital and increasingly central role in how Americans work, study, obtain health care, and take part in our democracy. The COVID-19

Notice of Funding Opportunity – 5 pandemic demonstrated the importance of ensuring that everyone in America has access to high-speed Internet service. Many Native American, Alaska Native, and Native Hawaiian communities have inadequate access to the Internet and the unique opportunities that it offers.

The causes of this inadequate access can involve living in areas that lack any high-speed Internet service, unreliable service speeds or quality, and service offerings that are prohibitively expensive.

President Biden has established the goal of providing affordable, reliable, high-speed Internet service to Native communities, as well as for all Americans. It is estimated that over 30 million Americans, including many who live on Tribal Lands and in rural America, lack even minimally adequate Internet access. The Biden-Harris Administration is committed to addressing this challenge, in part through its implementation of the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (NTIA will use the IIJA reference for purposes of this NOFO), and the Consolidated Appropriations Act, 2021 (CAA). The efforts of the Biden-Harris Administration to improve connections between Native communities, provide laptops and other essential computer equipment to Tribal members, and promote high-speed Internet deployment projects to serve Tribal Lands reflect its commitment to fostering the resilience and greater prosperity of Native Nations.

The Act appropriated $1 billion for the TBCP. The IIJA, which Congress passed with bipartisan support, subsequently appropriated an additional $2 billion in new funding for TBCP, bringing the total amount of funding for the TBCP to $3 billion.5 Of this $3 billion total, and consistent with the Act and IIJA, NTIA has already approved the use of approximately $2 billion to award applications submitted pursuant to the first TBCP NOFO, released on June 3, 2021.

This second NOFO describes how NTIA will administer the remaining TBCP funds.

Consultation and coordination with Tribal Governments will continue to play a central role in the administration of the TBCP, reflecting the unique government-to-government relationship that exists between Federally Recognized Tribes and the U.S. Department of Commerce. NTIA conducted Tribal consultations on September 12, 14, and 16, 2022, to solicit input from Tribal leaders on the development of requirements for the second NOFO, which NTIA has incorporated into this document. Grant funds will be made available under this NOFO to eligible Native American, Alaska Native, and Native Hawaiian entities for broadband deployment on Tribal Lands, digital inclusion efforts (which may include digital equity planning and workforce development), telehealth, and distance learning.

NTIA will prioritize the funding of applications based on the prioritization criteria described in Section E.3 of this NOFO. All proposed projects that are submitted should be comprehensive and completely autonomous, and therefore not reliant on future funding or a future adjacent project.

2. Overview of the Tribal Broadband Connectivity Program. The TBCP makes grants available to Eligible Entities, which include a Tribal Government, a Tribal College or

5 IIJA authorized the Assistant Secretary to use a portion of the $2 billion appropriated by IIJA to fund applications received during the first round of TBCP funding. See Section 905(e)(6)(B)(i) of the Act, as amended by Section 60201 of IIJA.

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University, the Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community, including Native Hawaiian Education Programs, a Tribal organization, or an Alaskan Native Corporation, for the deployment and adoption of broadband service on Tribal Land and for programs that promote the use of broadband to access remote learning, telework, or telehealth resources. Grant funds available under this program may be used for the following purposes:

(A) Broadband infrastructure deployment projects, including support for the establishment of carrier-neutral submarine cable landing stations; and

(B) Affordable broadband programs, including—

(i) Providing free or reduced-cost broadband service and preventing disconnection of existing broadband service;

(ii) preventing disconnection of existing broadband service;

(C) distance learning;

(D) telehealth;

(E) digital inclusion efforts (including digital equity planning and workforce development activities); and

(F) broadband adoption activities.

The purpose of the TBCP is to improve the quality of life, spur economic development and commercial activity, and create opportunities for remote employment, online entrepreneurship, remote learning, and telehealth by expanding broadband access and by providing digital training and inclusion programs to Native American communities. In implementing and administering this grant program, NTIA will ensure that necessary investments are designed to provide an adequate minimum level of service and are unlikely to be made using private sources of funds.

a. Broadband Infrastructure Deployment. The TBCP invites project proposals for the deployment of broadband infrastructure on Tribal Lands, including support for the establishment of carrier-neutral submarine cable landing stations. Such infrastructure deployment projects may involve the construction of middle mile or last mile networks as well as interconnection.

Applicants may propose projects that deploy new broadband infrastructure, replace antiquated infrastructure, or upgrade or extend existing infrastructure. For example, applicants may propose projects that utilize 2.5 GHz licenses or other licensed spectrum received from the Federal Communications Commission (FCC). NTIA requires construction of networks that use commercial grade equipment that will meet current needs and be scalable to meet future needs.

Infrastructure may include, but is not limited to, cable, fiber, wireless, fixed wireless, and satellite (existing and operational), or a combination thereof. Applicants may propose the technology or technologies that best meets or meet Tribal needs; however, NTIA encourages the submission of project proposals that deploy future-proof infrastructure to the extent feasible, e.g., fiber. NTIA reserves the right not to fund project proposals that depend on the deployment or launch of new satellites. Proposals that include satellite internet or connections as part of their technology solution must meet minimum speed and latency standards as defined in this NOFO.

Section 905(c)(8) of the Act directs Eligible Entities to prioritize the construction of new broadband infrastructure proposals that will serve currently Unserved households. NTIA will permit Tribes to provide a Tribal Government Certification attesting to the Unserved status of

Notice of Funding Opportunity – 7 proposed service areas within Tribal Lands, and lands providing services to Tribal members, with a description of how the Tribe determined that the area is Unserved. If the Tribe is aware of the presence of facilities capable of delivering Qualifying Broadband Service, e.g., fiber facilities or other broadband technology, deployed on their Tribal Lands, they must disclose this information to NTIA. As part of the process described in Section E.3.c.ii, NTIA will conduct an analysis of these certifications and disclosures.

As part of its Tribal Government Certification, the Tribe must consult the FCC’s National Broadband Map, using the most recently published version available at the time of application submission. If that map indicates that Qualifying Broadband Service is available at any location within the proposed service area(s), but the Tribe disagrees, then the Tribe shall submit a formal challenge to the FCC using the challenge process for its National Broadband Map, or indicate that it is participating in a state’s submission for the FCC’s challenge process, and provide documentation to NTIA of the challenge(s) submitted. The Tribe must also disclose to NTIA as part of its application whether it has an Enforceable Buildout Commitment as defined in Section A.3.k of the NOFO. Section D.2.c.iv. of this NOFO contains more information about the required disclosures related to the Tribal Government Certification process. Section D.8 of the NOFO discusses the consequences of providing any false, fictitious, or fraudulent statements (or concealment or omission of a material fact) with respect to the required certifications and disclosures.

NTIA encourages infrastructure projects that enhance economic development and provide a clear plan to build technological knowledge and capacity in their Tribal employee base by training existing employees and/or creating new jobs for Tribal members based on technological need and advancement to support equity in Tribal workforce development; expand education, telehealth, public safety and telework access; and support smart technologies for agriculture, manufacturing, utilities, and government operations and services on Tribal Lands. NTIA highly encourages all applicants to focus on providing a thoughtful and comprehensive model that includes the ongoing sustainability of their broadband infrastructure projects so that they can best serve Tribal communities for the long term.

It is important that necessary investments in broadband infrastructure be carried out in ways that produce high-quality infrastructure, avert disruptive and costly delays, and promote efficiency.

NTIA understands the importance of promoting workforce development and encourages recipients to ensure that broadband projects use strong labor standards, consistent with Tribal law, including project labor agreements and community benefit agreements that offer wages at or above the prevailing rate and include local hire provisions, not only to promote effective and efficient delivery of high-quality infrastructure projects, but also to support economic recovery through strong employment and capacity building opportunities for workers. Using these practices in construction projects may help to ensure a steady supply of skilled labor that would minimize disruptions, such as those associated with labor disputes or workplace injuries.

Moreover, Tribal Lands that lack broadband infrastructure are also often the most vulnerable to extreme weather and climate events. At present, weather- and climate-related risks to broadband networks include wildfires, extreme heat and cold, inland and coastal flooding, and the extreme winds produced by weather events such as tornadoes and hurricanes. NTIA encourages Eligible

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Entities to account for current and future weather- and climate-related risks to new broadband infrastructure projects. Because retrofitted and new infrastructure for broadband might be expected to have a lifetime of 20 years or more, NTIA encourages Eligible Entities to account not only for current risks but also for how the frequency, severity, and nature of these extreme events may plausibly evolve as our climate continues to change over the coming decades. Future projected climate change is expected to continue to result in higher seasonal temperatures and an increased likelihood of extreme heat events, higher risk of wildfires, more intense rainfall events, sea level rise and coastal flooding, permafrost thaw in Alaska, and the potential for stronger hurricanes when they do form, as well as other climate change-related impacts.

The Act requires Eligible Entities to complete their projects within four years of their receipt of grant funds. The Assistant Secretary, however, may extend the award period for broadband infrastructure construction projects if the Eligible Entity certifies that: (1) it has a plan for the use of the grant funds; (2) the construction project is underway; or (3) extenuating circumstances require an extension of time to allow the project to be completed.

Importantly, Broadband Infrastructure Deployment projects are subject to the Build America, Buy America domestic content procurement preference requirements set forth in the IIJA, which includes the Build America, Buy America Act, Pub. L. No. 117-58, §§ 70901-52 (BABA). See Section F.4. of this NOFO for detailed information on the BABA domestic content procurement preference requirements applicable to Broadband Infrastructure Deployment projects.

b. Broadband Use and Adoption. The TBCP invites project proposals that address the digital divide on Tribal Lands, including broadband and digital inclusion efforts (e.g., digital equity planning), training staff and Tribal community members, and providing technical support and capacity building for Tribal institutions. NTIA encourages efforts to develop programs and other resources that build the capacity of Tribes to use broadband to provide ongoing and sustainable benefits to Native American/Alaska Native/Native Hawaiian communities.

Additionally, NTIA encourages project proposals that include strategies to address affordability issues, including but not limited to, strategies to increase enrollment in the FCC’s Affordable Connectivity Program (ACP) by eligible households.6 The Act, as amended, requires eligible entities to expend their grant funds and complete their Broadband Use and Adoption projects within four years of receiving grant funds from NTIA. The Assistant Secretary may, for good cause, extend the award period for Broadband Use and Adoption projects based on a detailed showing by the Eligible Entity of the need for an extension, pursuant to Section 905(c)(4)(B)(iii) of the Act, as amended by IIJA.

NTIA expects to allocate not more than $100 million to standalone Broadband Use and Adoption projects.

Applicants may request funding for Broadband Use and Adoption projects that have at least one of the following purposes:

6 The ACP was established in IIJA as the successor to a previous program that has since been discontinued. The FCC issued the Affordable Connectivity Program Report and Order in 2022, which sets out details regarding the ACP’s operation. See Affordable Connectivity Program, Report and Order and Further Notice of Proposed Rulemaking, FCC 22-2 (Jan. 21, 2022).

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i. Provides broadband education, awareness, training, access, equipment, and support to Native American/Alaska Native/Native Hawaiian-serving anchor institutions including schools, libraries, medical and healthcare providers, Tribal colleges, public housing, workforce facilities, and other community support organizations serving Native American/Alaska Native/Native Hawaiian populations;

ii. Provides affordable broadband programs to Native American/Alaska Native/Native Hawaiian communities, including providing free or reduced-cost broadband service and preventing disconnection of existing broadband service;

iii. Improves access to, and use of, broadband services by Native American/Alaska Native/Native Hawaiian anchor institutions to deliver telehealth, remote learning, digital inclusion, and workforce development programs;

iv. Stimulates the adoption and use of broadband services by Native American/Alaska Native/Native Hawaiian communities for telehealth, remote learning, telework and entrepreneurship, economic growth, and job creation;

v. Conducts digital inclusion efforts, which may include planning activities to identify barriers to achieving digital equity in Native American/Alaska Native/Native Hawaiian communities and develop strategies to overcome those barriers;

vi. Builds digital skills and workforce capacity in Native American/Alaska Native/Native Hawaiian communities;

vii. Assesses Native American/Alaska Native/Native Hawaiian community needs and conducts planning related to online education, telehealth, digital inclusion, workforce and digital skills development; and/or

viii. Gathers data and conducts evaluation of the digital inclusion and broadband adoption programs funded by the grant to determine their effectiveness and develop best practices to facilitate digital inclusion and broadband adoption by Native American/Alaska Native/Native Hawaiian communities on Tribal Lands.

The definitions applicable to this NOFO are set forth below.

3. Definitions. The following definitions, including certain definitions set forth in section 905(a) of the Act, are applicable to the TBCP:

a) Assistant Secretary— means the Assistant Secretary of Commerce for Communications and Information.

b) Broadband or Broadband Service—has the meaning given the term “broadband Internet access service” in 47 C.F.R. § 8.1(b), or any successor regulation.

c) Commission—means the Federal Communications Commission.

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d) Commitment of Funds—recipients have 18 months to commit the funds received through a TBCP award, which means they have set aside funds in anticipation of expending them on eligible project activities. Recipients may meet this requirement through proof of procurement or the approved project budget.

e) Community Anchor Institutions—means schools, libraries, medical and healthcare providers, public safety entities, public housing authorities, institutes of higher education, and other community support organizations that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by the entire population and local governments.

f) Department—means the U.S. Department of Commerce.

g) Digital Equity – means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States.7

h) Digital Inclusion – means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communications technologies, such as reliable fixed and wireless broadband Internet service, Internet-enabled devices that meet the needs of the user, and applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration, and includes obtaining access to digital literacy training, the provision of quality technical support, and obtaining basic awareness of measures to ensure online privacy and cybersecurity.8

i) Digital Literacy – means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information.9

j) Eligible Entity or Eligible Entities— means—

(i) a Tribal Government;

(ii) a Tribal College or University;

(iii) the Department of Hawaiian Home Lands on behalf of the Native Hawaiian

Community, including Native Hawaiian Education Programs;

(iv) a Tribal organization; or

(v) a Native Corporation.

k) Enforceable Buildout Commitment—means, in the context of the definition of Unserved set forth in Section A.3.t of this NOFO, a legally binding agreement in which the Tribe provides a limited waiver of sovereign immunity in a Tribal Government Resolution and

7 NTIA adopts the definition for “digital equity” set forth in Title III of the IIJA and incorporated into the NOFO for the State Digital Equity Planning Grant Program. See Section 60302(10) of the IIJA.

8 NTIA adopts the definition for “digital inclusion” set forth in Title III of the IIJA and incorporated into the NOFO for the State Digital Equity Planning Grant Program. See Section 60302(11) of the IIJA.

9 NTIA adopts the definition for “digital literacy” set forth in Title III of the IIJA and incorporated into the NOFO for the State Digital Equity Planning Grant Program. See Section 60302(12) of the IIJA.

Notice of Funding Opportunity – 11 in the contract vehicle, between the Tribal Government of the Tribal Lands in the proposed service area, or its authorized agent, and a service provider committing to deliver “Qualifying Broadband Service” to Unserved households on those Tribal Lands.

l) Native Corporation—has the meaning given the term in section 3 of the Alaska Native

Claims Settlement Act 11 (43 U.S.C. 1602).

m) Native Hawaiian—has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221).

n) Qualifying Broadband Service—means broadband service with— (i) a download speed of not less than 25 megabits per second; (ii) an upload speed of not less than 3 megabits per second; and (iii) a latency sufficient to support real time, interactive applications. For purposes of this program, NTIA will interpret the 25/3 standard to mean the ability to provide 25 Mbps downstream and 3 Mbps upstream simultaneously to every household in the eligible service area. NTIA will interpret eligible service area for purposes of this program to mean the Eligible Entities’ proposed service area, consistent with the definition of Tribal Land in Section A.3.r of the NOFO. NTIA will interpret latency to mean 95 percent or more of all peak period measurements of network round trip latency (i.e., the total round-trip latency between the customer premises and the closest designated Internet core peering interconnection point) are at or below 100 milliseconds.10

o) State—means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

p) Tribal Consortium—means a coalition of Eligible Entities, the participation of which is authorized by the governing body of each such Eligible Entity (the governing body of the Tribal Government if the entity is a subsidiary of a Tribe), as memorialized by a current resolution of consent or similar decree, authorizing the Tribal Consortium, on behalf of each Eligible Entity participant, to apply for and receive TBCP grant funding pursuant to this NOFO as a single entity (i.e., the consortium) based upon a single application encompassing the shared project proposal.

q) Tribal Government—means the governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually recognized (including parenthetically) in the list published most recently as

10 These standards are consistent with the manner in which other federal support programs apply these terms. See Rural Utilities Service, U.S. Department of Agriculture, Funding Opportunity Announcement and Solicitation of Application for Second Round of the Reconnect Program, 84 Fed. Reg. 67913, 67918 (Dec. 12, 2019); In the Matter of Rural Digital Opportunity Fund, Connect America Fund, 85 Fed. Reg. 13773, 13778 (Feb. 7, 2020). See also, Connect America Fund, Order, 34 FCC Rcd 6509, 6527-28 (July 6, 2018) (Performance Measures Order); Connect America Fund, Order on Reconsideration, 34 FCC Rcd 10109 (Oct. 31, 2019) (Performance Measures Reconsideration Order).

Notice of Funding Opportunity – 12 of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).11

r) Tribal Land—means— (A) any land located within the boundaries of— (i) an Indian reservation, pueblo, or rancheria; or (ii) a former reservation within Oklahoma; (B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community; (C) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a)); (D) Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); or (E) those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians.

s) Tribal Organization—is defined in 25 U.S.C. 5304(l) and means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities:

provided, that in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant.

t) Unserved—with respect to a household, means— (A) the household lacks access to

Qualifying Broadband Service; and (B) no broadband provider has been selected to receive, or is otherwise receiving, Federal or State funding subject to enforceable build out commitments to deploy Qualifying Broadband Service in the specific area where the household is located by dates certain, even if such service is not yet available, provided that the Federal or State agency providing the funding has not deemed the service provider to be in default of its buildout obligations under the applicable Federal or State program.

B. Federal Award Information

1. Funding Availability

NTIA will make approximately $980,000,000 available for federal assistance under the second round of the TBCP, which will be allocated to Eligible Entities as described in Section B.3 of this NOFO.

11 See U.S. Department of the Interior, Bureau of Indian Affairs, Indian Entities Recognized by and Eligible to Receive Services From the United States Bureau of Indian Affairs, 88 Fed. Reg. 2112 (Jan. 12, 2023), available at:

https://www.govinfo.gov/content/pkg/FR-2023-01-12/pdf/2023-00504.pdf.

https://www.govinfo.gov/content/pkg/FR-2023-01-12/pdf/2023-00504.pdf

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2. Project/Award Period

As established in section 905(c)(4)(B) of the Act, as amended, the award period for the TBCP is up to four years from the receipt of grant funds. Furthermore, Section 905(c)(4)(A)(i) of the Act, as amended by IIJA in section 60201(1)(B)(i)(I), requires a Commitment of Funds by an Eligible Entity, in accordance with its approved application, not later than 18 months after receiving an allocation of funds pursuant to a specific grant award. Any grant funds not committed by an Eligible Entity by this deadline will be made available to other Eligible Entities for the purposes provided in this subsection pursuant to Section 905(c)(4)(A)(ii) of the Act, as amended in IIJA section 60201(1)(B)(i)(II).

a. Extensions for Infrastructure Projects: The Assistant Secretary may extend the period required for the expenditure of funds under the TBCP for an Eligible Entity that proposes to use the grant funds for construction of broadband infrastructure if the Eligible Entity certifies that:

(I) the Eligible Entity has a plan for use of the grant funds;

(II) the construction project is underway; or (III) extenuating circumstances require an extension of time to allow the project to be completed.

b. Extensions for Broadband Use and Adoption Projects: The Assistant Secretary may, for good cause, extend the award period for broadband use and adoption projects based on a detailed showing by the Eligible Entity of the need for an extension pursuant to Section 905(c)(4)(B)(iii) of the Act, as amended by IIJA.

c. Petition for Extension: An Eligible Entity may submit a request for an extension to the four-year award period with its application or not later than ninety (90) calendar days before the end of the award period.

d. Reversion of Funds: NTIA will make any grant funds not expended by an Eligible Entity by the end of the award period (as may be extended) available to other Eligible Entities for the purposes provided in the TBCP.

e. Treatment of Unallocated Funds: In accordance with section 905(e)(2)(F) of the Act, if an Eligible Entity does not submit an application by the deadline established under this NOFO, or the Assistant Secretary does not approve an application submitted by an Eligible Entity under this NOFO, the Assistant Secretary will make the amounts allocated for the Eligible Entity available to other Eligible Entities on an equitable basis through the publication of a subsequent notice.

3. Award Amount

In accordance with section 905(c)(3)(A) of the Act, NTIA will make the amounts appropriated under the TBCP available to Eligible Entities on an equitable basis. Section 905(c)(3)(A) of the Act directs NTIA to make available not less than 3 percent of the amounts appropriated under subsection (b)(1) for the benefit of Native Hawaiians. Accordingly, NTIA allocated not less than

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$30,000,000 to DHHL on behalf of the Native Hawaiian Community, as the Eligible Entity designated in section 905(a)(8) of the Act, in the first round of TBCP funding. IIJA appropriated an additional $2 billion in new funding for TBCP grants; thus, NTIA will allocate 3 percent of this amount, or $60,000,000, to DHHL on behalf of the Native Hawaiian Community. Thus, the total TBCP allocation for DHHL – between the first and second rounds of funding – is $90,000,000. In determining the funding amounts available to DHHL in this second round of TBCP funding, NTIA has accounted for amounts awarded during the first round and subtracted those from the $90,000,000 total.12 Accordingly, this second NOFO makes $72,715,237.15 available to DHHL for eligible activities.

To meet the equitable distribution requirement of the Act, NTIA will allocate up to $500,000 to each of the Federally Recognized Tribes delineated by the U.S. Department of the Interior’s Bureau of Indian Affairs (including those listed parenthetically). The $500,000 allocation is not a funding cap for Federally Recognized Tribes, but rather is intended to ensure that program funding is equitably distributed by NTIA to all Eligible Entities. Equitable distributions of up to $500,000 will be awarded only to Tribal Governments that have not previously received a TBCP award (which includes equitable distribution awards) in the first round of funding from the TBCP. For consortium or regional applications that include Tribal Governments, equitable distribution amounts of up to $500,000 per participating Tribal Government (that have not previously received a TBCP award) within the consortium would be awarded to the consortium’s lead applicant on behalf of the eligible participating Tribal Governments.13 Lead consortium applicants that previously received TBCP funding may apply with a consortium composed of new Tribes that did not receive funding in the first round of TBCP awards. Lead consortium applicants that received an award for a Planning, Engineering, Feasibility and Sustainability Studies project in the first round of TBCP funding may submit an application for a Broadband Infrastructure Deployment project in the second round of TBCP funding consisting of the same Tribes that participated in the first-round consortium.

Importantly, all Eligible Entities, including but not limited to, DHHL and Federally Recognized Tribes, must submit a single application by the application deadline to be eligible for program funding. The TBCP is not a formula or block grant program and an application for funding must be timely submitted by an Eligible Entity to receive funding consideration from NTIA. See Section C.3.a of this NOFO for more information on the single application requirement.

NTIA expects to make awards under this program within the following funding ranges:

Broadband Infrastructure Deployment Projects proposed by a single applicant: $1,000,000 to $50,000,000 Broadband Use and Adoption Projects: $100,000 to $2,500,000

These funding ranges are not required minimums and maximums, but eligible entities requesting funding for projects outside of these ranges must provide a reasonable explanation for the

12 On December 19, 2022, NTIA announced an award in the amount of $17,284,762.85 to DHHL.

13 The lead applicant will be required to submit a Tribal Government Resolution from each participating Tribal Government as part of its application package.

Notice of Funding Opportunity – 15 variance in their project size. An award recipient may use NTIA award funds for any of the eligible uses enumerated in Section D.7. of this NOFO.

Consortium applications are encouraged. Additional funding level justification is not required for consortium applications for Broadband Use and Adoption projects that do not exceed $2,500,000 per consortium member or for consortium applications for Broadband Infrastructure Deployment projects that do not exceed $50,000,000 per consortium member.

In addition, pursuant to section 905(c)(4)(B)(iii) of the Act, NTIA retains discretion to make supplemental awards (i.e., provide additional funding beyond the initial award) to an Eligible Entity to the extent that another Eligible Entity does not expend some or all of its grant funds during the other Eligible Entity’s period of performance.

NTIA will allocate not more than $100 million to standalone Broadband Use and Adoption projects.

4. Type of Funding Instrument

The funding instrument for awards made pursuant to the NOFO will be a grant.

C. Eligibility Information

1. Eligible Applicants

Section 905(a)(8) of the Act defines the entities eligible to apply for a TBCP grant.

Specifically, Eligible Entities include: (i) a Tribal Government; (ii) a Tribal College or University; (iii) the Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community, including Native Hawaiian Education Programs; (iv) a Tribal organization; or

(v) an Alaska Native Corporation. Eligible Entities that previously received TBCP grant funding may apply for additional grant funding pursuant to this NOFO.

There are several instances where applicants will need to obtain a Tribal Government Resolution.

See Section C.3.c of this NOFO for more information about this requirement. Each Eligible Entity must coordinate internally (which includes all departments, subsidiaries, etc.) in submitting its single application. In an instance where one Eligible Entity is a subsidiary of another (e.g., a Tribal Government and a subsidiary Tribal College or University), this shall not affect the subsidiary’s eligibility to submit its own application, so long as it includes the requisite Tribal Government Resolution.

Consortium applications are encouraged. Note, the Applicant should take care to ensure they are either applying as a single entity, or as part of a single consortium application. Applicants may only be part of one application regardless of type. This requirement is consistent with Section 905(e)(2)(C) of the Act that limits an Eligible Entity to one single application submission for TBCP funding. If NTIA determines that an Eligible Entity is participating in multiple applications, this may significantly delay NTIA’s review of such applications and may result in NTIA removing that entity from consideration for funding for both their individual application and any consortium applications they are a party to.

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2. Cost Sharing or Matching

The Act does not contain a statutory cost sharing or matching funds requirement. Accordingly, NTIA will not require an Eligible Entity applying for a grant under the TBCP to provide non-federal cost share and will not give additional consideration during the evaluation process for applications containing non-federal cost share.

3. Other

a. Single Application. Section 905(e)(2)(C) of the Act provides that an Eligible Entity may submit only one application for the TBCP. Accordingly, each Eligible Entity must coordinate internally (which includes all departments, subsidiaries, etc.) in submitting its single application. An Eligible Entity’s single application must include the total amount of funding being requested and must account for all Broadband Infrastructure Deployment Projects and all Broadband Use and Adoption Projects that will utilize the requested funding. Applicants that submit a single application must not also be part of a consortium application.

b. Encouragement of Consortium Applications. NTIA encourages a regional approach to Broadband Infrastructure Deployment Projects through the submission of an application on behalf of a consortium of multiple Tribal partners (each of which must be an Eligible Entity) that cover regional infrastructure gaps or other eligible projects in the most cost-effective manner, while providing access to those communities that meet the definition of “Unserved” per the statute. Similarly, NTIA encourages Eligible Entities to collaborate or participate as part of a consortium for Broadband Use and Adoption Projects. Applicants are not permitted to submit both a single application and apply as part of a consortium application. In addition, Eligible Entities may only be part of one consortium application. If NTIA determines that an Eligible Entity is participating in multiple applications, this may significantly delay NTIA’s review of such applications and may result in NTIA removing that entity from consideration for funding for both their individual application and any consortium applications they are a party to.

c. Tribal Consent and Authorization.

i. Broadband Infrastructure Deployment. Each Eligible Entity applying for Broadband Infrastructure Deployment funds is required to submit a Resolution of Consent from each Tribal Government and/or from the Tribal Council of the appropriate governing body upon whose Tribal Lands the broadband infrastructure will be deployed. Consortium applications submitted without resolutions from each Tribe named in the application will be considered incomplete.

• For Tribal Organizations and Tribal Colleges, even when the Tribal Government is a founding member, a Resolution of Consent must still be obtained.

• In the case of consortiums, a Resolution of Consent is required from each Tribal Government participating in the project.

• For Broadband Infrastructure Deployment Projects on Tribal Lands in Hawaii, consent must be obtained from the Department of Hawaiian Home Lands.

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• For Broadband Infrastructure Deployment Projects on Tribal Lands in Alaska, all applicants must notify all Tribal Governments within their proposed service area. Any Tribal Government located in a proposed service area may choose to define the area for which it will require a Resolution of Consent. The area defined by the Tribal Government must include their local presence and Tribal Member Households and be submitted to NTIA. The Tribal Government may use information submitted in other proceedings, such as the FCC 2.5 GHz Tribal Priority Window. If there is overlap between more than one Tribal Governments’ definition of their area, the overlapping Tribal Governments will be given an opportunity to cure by working together to resolve this overlap.

NTIA will provide Eligible Entities with one opportunity to cure missing Resolutions of Consent during the Initial Administrative and Eligibility Review.