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Tribes Likely Have to Challenge RDOF And Other “Enforceable Commitments” on State BEAD Maps

As debate continues about the “collision course” between the Rural Digital Opportunity Fund (RDOF) and Broadband Equity, Access, and Deployment (BEAD) programs, it is worth highlighting the unique leverage Tribal nations have to resolve these concerns on Tribal lands as well as the challenges they may face in navigating the process.

Existing state and federal grant/loan programs are considered “enforceable commitments” under BEAD rules, making locations funded through those programs, including RDOF, ineligible for BEAD grants (unless those awards are declared to be in default). This rule prevents “duplication” of federal or state funding for broadband infrastructure build-outs.

The debate has emerged because some communities are concerned that RDOF-funded building has not yet begun and, in some cases, may never be built-out. In the meantime those locations remain ineligible for BEAD because of these enforceable commitments.

However, the rules about enforceable commitments and duplication are different on Tribal lands. When issuing its BEAD guidance, the National Telecommunications and Information Administration (NTIA) determined that federal and state grant funding for buildout on Tribal lands – like RDOF – that do not carry Tribal Government Resolutions of consent are not considered to be enforceable commitments.

Tribes Likely Have to Challenge RDOF And Other “Enforceable Commitments” on State BEAD Maps

As debate continues about the “collision course” between the Rural Digital Opportunity Fund (RDOF) and Broadband Equity, Access, and Deployment (BEAD) programs, it is worth highlighting the unique leverage Tribal nations have to resolve these concerns on Tribal lands as well as the challenges they may face in navigating the process.

Existing state and federal grant/loan programs are considered “enforceable commitments” under BEAD rules, making locations funded through those programs, including RDOF, ineligible for BEAD grants (unless those awards are declared to be in default). This rule prevents “duplication” of federal or state funding for broadband infrastructure build-outs.

The debate has emerged because some communities are concerned that RDOF-funded building has not yet begun and, in some cases, may never be built-out. In the meantime those locations remain ineligible for BEAD because of these enforceable commitments.

However, the rules about enforceable commitments and duplication are different on Tribal lands. When issuing its BEAD guidance, the National Telecommunications and Information Administration (NTIA) determined that federal and state grant funding for buildout on Tribal lands – like RDOF – that do not carry Tribal Government Resolutions of consent are not considered to be enforceable commitments.

Tribes Likely Have to Challenge RDOF And Other “Enforceable Commitments” on State BEAD Maps

As debate continues about the “collision course” between the Rural Digital Opportunity Fund (RDOF) and Broadband Equity, Access, and Deployment (BEAD) programs, it is worth highlighting the unique leverage Tribal nations have to resolve these concerns on Tribal lands as well as the challenges they may face in navigating the process.

Existing state and federal grant/loan programs are considered “enforceable commitments” under BEAD rules, making locations funded through those programs, including RDOF, ineligible for BEAD grants (unless those awards are declared to be in default). This rule prevents “duplication” of federal or state funding for broadband infrastructure build-outs.

The debate has emerged because some communities are concerned that RDOF-funded building has not yet begun and, in some cases, may never be built-out. In the meantime those locations remain ineligible for BEAD because of these enforceable commitments.

However, the rules about enforceable commitments and duplication are different on Tribal lands. When issuing its BEAD guidance, the National Telecommunications and Information Administration (NTIA) determined that federal and state grant funding for buildout on Tribal lands – like RDOF – that do not carry Tribal Government Resolutions of consent are not considered to be enforceable commitments.

Tribes Likely Have to Challenge RDOF And Other “Enforceable Commitments” on State BEAD Maps

As debate continues about the “collision course” between the Rural Digital Opportunity Fund (RDOF) and Broadband Equity, Access, and Deployment (BEAD) programs, it is worth highlighting the unique leverage Tribal nations have to resolve these concerns on Tribal lands as well as the challenges they may face in navigating the process.

Existing state and federal grant/loan programs are considered “enforceable commitments” under BEAD rules, making locations funded through those programs, including RDOF, ineligible for BEAD grants (unless those awards are declared to be in default). This rule prevents “duplication” of federal or state funding for broadband infrastructure build-outs.

The debate has emerged because some communities are concerned that RDOF-funded building has not yet begun and, in some cases, may never be built-out. In the meantime those locations remain ineligible for BEAD because of these enforceable commitments.

However, the rules about enforceable commitments and duplication are different on Tribal lands. When issuing its BEAD guidance, the National Telecommunications and Information Administration (NTIA) determined that federal and state grant funding for buildout on Tribal lands – like RDOF – that do not carry Tribal Government Resolutions of consent are not considered to be enforceable commitments.

Tribes Likely Have to Challenge RDOF And Other “Enforceable Commitments” on State BEAD Maps

As debate continues about the “collision course” between the Rural Digital Opportunity Fund (RDOF) and Broadband Equity, Access, and Deployment (BEAD) programs, it is worth highlighting the unique leverage Tribal nations have to resolve these concerns on Tribal lands as well as the challenges they may face in navigating the process.

Existing state and federal grant/loan programs are considered “enforceable commitments” under BEAD rules, making locations funded through those programs, including RDOF, ineligible for BEAD grants (unless those awards are declared to be in default). This rule prevents “duplication” of federal or state funding for broadband infrastructure build-outs.

The debate has emerged because some communities are concerned that RDOF-funded building has not yet begun and, in some cases, may never be built-out. In the meantime those locations remain ineligible for BEAD because of these enforceable commitments.

However, the rules about enforceable commitments and duplication are different on Tribal lands. When issuing its BEAD guidance, the National Telecommunications and Information Administration (NTIA) determined that federal and state grant funding for buildout on Tribal lands – like RDOF – that do not carry Tribal Government Resolutions of consent are not considered to be enforceable commitments.

USDA ReConnect Amps Up Broadband Funding to Tribal Nations

When a $25 million broadband funding award for the Colorado River Indian Tribe (CRIT) was announced in July 2023, CRIT Chairwoman Amelia Flores celebrated it as a “game changer.”

“Broadband access is essential,” Flores’s statement read, making “remote learning, telecommuting, conducting business, and simplifying staying connected” possible.

Coming amid a rolling series of announcements from the Tribal Broadband Connectivity Program – each lauding millions of dollars in broadband funding for Tribes – it would have been easy to file away CRIT’s award as another from that pathbreaking broadband funding program for Tribes.

But this was not the TBCP. Rather, CRIT was among a handful of Tribes that received substantial funding awards from another federal source that has recently stepped up their grantmaking to Tribes – the U.S. Department of Agriculture’s (USDA) ReConnect Grant Program, administered by the department’s Rural Utilities Service (RUS).

Image
USDA ReConnect Awardees logo

CRIT’s award is a helpful reminder that TBCP is not the be-all-end-all of funding for Tribal broadband. With an award cycle now open, ReConnect offers powerful tools and incentives –  including dedicated Tribal funding, 100 percent grants, and consent for any new infrastructure on sovereign lands – for Tribes looking to expand or launch broadband service.

TBCP, ReConnect, and Federal Funding for Tribal Broadband Infrastructure

USDA ReConnect Amps Up Broadband Funding to Tribal Nations

When a $25 million broadband funding award for the Colorado River Indian Tribe (CRIT) was announced in July 2023, CRIT Chairwoman Amelia Flores celebrated it as a “game changer.”

“Broadband access is essential,” Flores’s statement read, making “remote learning, telecommuting, conducting business, and simplifying staying connected” possible.

Coming amid a rolling series of announcements from the Tribal Broadband Connectivity Program – each lauding millions of dollars in broadband funding for Tribes – it would have been easy to file away CRIT’s award as another from that pathbreaking broadband funding program for Tribes.

But this was not the TBCP. Rather, CRIT was among a handful of Tribes that received substantial funding awards from another federal source that has recently stepped up their grantmaking to Tribes – the U.S. Department of Agriculture’s (USDA) ReConnect Grant Program, administered by the department’s Rural Utilities Service (RUS).

Image
USDA ReConnect Awardees logo

CRIT’s award is a helpful reminder that TBCP is not the be-all-end-all of funding for Tribal broadband. With an award cycle now open, ReConnect offers powerful tools and incentives –  including dedicated Tribal funding, 100 percent grants, and consent for any new infrastructure on sovereign lands – for Tribes looking to expand or launch broadband service.

TBCP, ReConnect, and Federal Funding for Tribal Broadband Infrastructure

USDA ReConnect Amps Up Broadband Funding to Tribal Nations

When a $25 million broadband funding award for the Colorado River Indian Tribe (CRIT) was announced in July 2023, CRIT Chairwoman Amelia Flores celebrated it as a “game changer.”

“Broadband access is essential,” Flores’s statement read, making “remote learning, telecommuting, conducting business, and simplifying staying connected” possible.

Coming amid a rolling series of announcements from the Tribal Broadband Connectivity Program – each lauding millions of dollars in broadband funding for Tribes – it would have been easy to file away CRIT’s award as another from that pathbreaking broadband funding program for Tribes.

But this was not the TBCP. Rather, CRIT was among a handful of Tribes that received substantial funding awards from another federal source that has recently stepped up their grantmaking to Tribes – the U.S. Department of Agriculture’s (USDA) ReConnect Grant Program, administered by the department’s Rural Utilities Service (RUS).

Image
USDA ReConnect Awardees logo

CRIT’s award is a helpful reminder that TBCP is not the be-all-end-all of funding for Tribal broadband. With an award cycle now open, ReConnect offers powerful tools and incentives –  including dedicated Tribal funding, 100 percent grants, and consent for any new infrastructure on sovereign lands – for Tribes looking to expand or launch broadband service.

TBCP, ReConnect, and Federal Funding for Tribal Broadband Infrastructure

USDA ReConnect Amps Up Broadband Funding to Tribal Nations

When a $25 million broadband funding award for the Colorado River Indian Tribe (CRIT) was announced in July 2023, CRIT Chairwoman Amelia Flores celebrated it as a “game changer.”

“Broadband access is essential,” Flores’s statement read, making “remote learning, telecommuting, conducting business, and simplifying staying connected” possible.

Coming amid a rolling series of announcements from the Tribal Broadband Connectivity Program – each lauding millions of dollars in broadband funding for Tribes – it would have been easy to file away CRIT’s award as another from that pathbreaking broadband funding program for Tribes.

But this was not the TBCP. Rather, CRIT was among a handful of Tribes that received substantial funding awards from another federal source that has recently stepped up their grantmaking to Tribes – the U.S. Department of Agriculture’s (USDA) ReConnect Grant Program, administered by the department’s Rural Utilities Service (RUS).

Image
USDA ReConnect Awardees logo

CRIT’s award is a helpful reminder that TBCP is not the be-all-end-all of funding for Tribal broadband. With an award cycle now open, ReConnect offers powerful tools and incentives –  including dedicated Tribal funding, 100 percent grants, and consent for any new infrastructure on sovereign lands – for Tribes looking to expand or launch broadband service.

TBCP, ReConnect, and Federal Funding for Tribal Broadband Infrastructure

USDA ReConnect Amps Up Broadband Funding to Tribal Nations

When a $25 million broadband funding award for the Colorado River Indian Tribe (CRIT) was announced in July 2023, CRIT Chairwoman Amelia Flores celebrated it as a “game changer.”

“Broadband access is essential,” Flores’s statement read, making “remote learning, telecommuting, conducting business, and simplifying staying connected” possible.

Coming amid a rolling series of announcements from the Tribal Broadband Connectivity Program – each lauding millions of dollars in broadband funding for Tribes – it would have been easy to file away CRIT’s award as another from that pathbreaking broadband funding program for Tribes.

But this was not the TBCP. Rather, CRIT was among a handful of Tribes that received substantial funding awards from another federal source that has recently stepped up their grantmaking to Tribes – the U.S. Department of Agriculture’s (USDA) ReConnect Grant Program, administered by the department’s Rural Utilities Service (RUS).

Image
USDA ReConnect Awardees logo

CRIT’s award is a helpful reminder that TBCP is not the be-all-end-all of funding for Tribal broadband. With an award cycle now open, ReConnect offers powerful tools and incentives –  including dedicated Tribal funding, 100 percent grants, and consent for any new infrastructure on sovereign lands – for Tribes looking to expand or launch broadband service.

TBCP, ReConnect, and Federal Funding for Tribal Broadband Infrastructure