On Tuesday, August 10, 2021, the Senate passed H.R. 3684. This historic legislation includes an extraordinary investment in Indian Country infrastructure and is the latest in a series of momentous legislation affecting Native communities. The CARES Act, Consolidated Appropriations Act 2021, and the American Rescue Plan Act of 2021 provided significant investments into Indian Country to address the challenges of the COVID-19 pandemic. H.R. 3684 continues in such a direction by maintaining focus on existing adversities that circumstances brought on by the pandemic has magnified.
Policy Solution
Key federal legislation over the last two years created many funding opportunities for Tribes to expand broadband access in their communities. This list of funding programs has an estimated $15.2 billion 1 available to Tribes for broadband projects, however much of the same funding is meant for other significant needs like COVID-19 mitigation. Some programs also consider Tribes as one eligible entity among many with no guarantee that Tribes will be awarded. Therefore it is difficult to say how much of the funding available for broadband will ultimately be used for that purpose.
Tribal Nations have been at the forefront of connecting their communities to broadband internet because carriers often do not choose to service remote Tribal areas. The COVID-19 pandemic exacerbated digital inequities facing Indian Country that have long existed. Broadband is infrastructure and is an essential service with its importance of accessibility similar to other necessary resources such as water or electricity.
On November 9, 2022, the Supreme Court of the United States (SCOTUS) will hear the alarming case, Haaland v. Brackeen. The questions of the case are (1) whether the Indian Child Welfare Act (ICWA) interferes with a State’s power over adoptions and foster care and (2) whether the ICWA unfairly limits adoptions by parents who are not members of the Native child’s tribe.
The Biden-Harris Administration completed another year in which it continued its work to strengthen the nation-to-nation relationship between Tribal Nations and the Federal Government.