Introduction

The Rural Utilities Service (RUS) in the U.S. Department of Agriculture's (USDA's) Rural Development (RD) mission area administers a range of programs that help offset the costs of building and repairing utility systems in rural areas. Utility systems provide broadband, drinking water, electricity, telephone service, and waste disposal services. Providing utilities to rural homes and other facilities, which are often remote and geographically spread out, can be expensive compared with providing utilities to urban and suburban communities, where homes and other facilities tend to be clustered together. In many cases, utility companies will not extend utility systems to remote rural homes because the utility companies cannot recoup their costs through subscriber fees and generate a profit. As a result, many rural communities lack access to broadband, drinking water, electricity, telephone service, and waste disposal services.

RUS helps utility companies better serve rural communities, including tribal communities. Eighteen RUS utility programs have governing statutes or regulations stating that certain federally recognized Tribes (hereinafter, Tribes) and other Indigenous entities are eligible to apply for RUS programs. A Tribe is an entity formally recognized under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. §5130) as having a government-to-government relationship with the United States.¹ As used in this report, other Indigenous entities refers to (1) entities that are affiliated with Tribes (such as tribal organizations or utility companies) or (2) descendants of groups who inhabited the North American continent when people of different cultures or ethnic origins arrived but who are not currently federally recognized.² For more information about these terms, see the "Terminology" section.

Many Tribes and other Indigenous entities provide broadband, drinking water, electricity, telephone service, and waste disposal services in areas within their jurisdiction.³ Some Tribes and other Indigenous entities partner with non-tribal companies to provide these utilities.⁴ Tribes also establish tribal organizations such as tribally owned utility companies, tribal health organizations, and tribal development corporations to provide utilities.⁵

This report provides an overview of RUS utility programs as well as the types of tribal and other Indigenous entities that are eligible to apply for RUS programs. The report also describes two RD authorities that may help Tribes and other Indigenous entities access RUS programs. The report ends with a discussion of policy issues for Congress.

Terminology

This report uses the following terms and phrases:

• Alaska Native. This term refers to citizens of the United States who are "one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives."⁶ It also includes any citizen of the United States who is considered an Alaska Native "by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group."⁷
• Alaska Native Corporation. The Alaska Native Claims Settlement Act (ANCSA; 43 U.S.C. §§1601 et. seq) divided the state of Alaska into 12 geographic regions and allowed Alaska Native Tribes to form village and regional Alaska Native Corporations (ANCs), which are for-profit corporations that may own and manage tribal resources for the benefit of their shareholders (tribal members).⁸ ANCs themselves are not Tribes, although Tribes are located within ANC boundaries.⁹ They are considered a type of other Indigenous entity for purposes of this report.
• Alaska Native Village. This term refers to "any Tribe, band, clan, group, village, community, or association in Alaska" that the Secretary of the Interior determines was composed of 25 or more Alaska Natives according to the 1970 census or "other evidence satisfactory to the Secretary."¹⁰ There are 228 Tribes in Alaska, many of which are Alaska Native Villages.¹¹
• Tribe. This term refers to an entity formally recognized under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. §5130) as having a government-to-government relationship with the United States. This recognition entails special rights, immunities, and privileges as well as eligibility for certain federal programs and services.¹² As of January 8, 2024, there were 574 Tribes located within the 48 contiguous states and Alaska.¹³
• Other Indigenous Entities. For purposes of this report, this term refers to the following entities:
• Entities that are affiliated with Tribes (e.g., tribal organizations) or
• Descendants of groups who inhabited the North American continent when people of different cultures or ethnic origins arrived but who are not currently federally recognized.¹⁴ For purposes of this report, this term includes Native Hawaiians, ANCs, and state-recognized tribes. Although ANCs did not exist as Alaska Native entities until passage of ANCSA in 1971, their membership generally comprises Alaska Natives. Thus, ANCs fit within other Indigenous entities to the extent they lack a government-to-government relationship with the United States.
• Native Hawaiian. This term refers to any individual who is a descendant of the Indigenous people who, prior to 1778, "occupied and exercised sovereignty in the area that now constitutes the State of Hawaii."¹⁵ Native Hawaiian communities are considered a type of other Indigenous entity for purposes of this report.
• Native Hawaiian Organization (NHO). This term refers to any organization that (1) "serves and represents the interests of Native Hawaiians," (2) has "as a primary and stated purpose the provision of services to Native Hawaiians," and (3) has "demonstrated expertise in aspects of historic preservation that are significant to Native Hawaiians."¹⁶ NHOs are considered a type of other Indigenous entity for purposes of this report.
• State-Recognized Tribe. This term refers to groups that have been acknowledged by state law and sometimes reside on state-recognized reservations.¹⁷ State-recognized tribes are considered a type of other Indigenous entity for purposes of this report.
• Tribal Organization. This term refers to a recognized governing body of a 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."¹⁸

Overview of RUS Programs

RUS utility programs provide grants, loans, and loan guarantees to support utilities for rural communities, focusing on the following three types of programs:

• Broadband and Telephone Programs. These programs help deploy broadband and telephone services to rural communities.¹⁹ They also help rural communities develop distance learning and telemedicine programs.
• Electricity Programs. These programs help construct, repair, and modernize electric infrastructure in rural communities. They also help lower the cost of energy for residents living in high-cost rural areas.²⁰
• Water and Waste Disposal (WWD) Programs. These programs help construct, repair, and modernize drinking water systems and waste disposal services, including managing landfill sites.

RUS programs are governed by various statutes and regulations that aim to fulfill RUS's mission of serving rural communities. For example, many statutes authorize RUS to provide funding for projects in rural areas, although the definition of rural varies across RUS programs.²¹ In addition, RUS statutes and regulations often require the RUS Administrator to make loans that are financially feasible (e.g., projects or enterprises that are able to meet operating expenses and financial performance metrics and that have the ability to repay debt and sustain continued operations through the life of the RUS loan or loan guarantee).²²

Program Eligibility

Many Tribes and other Indigenous entities are eligible to apply for RUS utility programs to help offset the costs to build and repair utility systems that serve tribal communities in rural areas. As outlined in the next section, 18 RUS utility programs have governing statutes or regulations that mention Tribes and other Indigenous entities as eligible applicants.²³

RUS Broadband and Telephone Programs

Five RUS broadband and telephone programs have governing statutes or regulations that mention Tribes or other Indigenous entities as eligible applicants, as shown in Table 1.

RUS broadband and telephone program statutes and regulations differ regarding tribal and other Indigenous entity eligibility. Statutes authorizing two of the five RUS broadband and telephone programs—the Community Connect Program and the Rural Broadband Loan and Guarantee Program—specify that Tribes or tribal organizations are eligible. Statutes for the other three RUS broadband and telephone programs are silent on eligibility. In contrast, all RUS broadband and telephone program regulations specify that Tribes are eligible, using the definition from the Indian Self-Determination and Education Assistance Act (ISDEAA; 25 U.S.C. §5304). The ISDEAA definition has been interpreted to include both federally recognized Tribes and ANCs.²⁴ In addition, regulations for three RUS broadband and telephone programs—the Community Connect Program, the Distance Learning and Telemedicine Program, and the Rural Broadband Loan and Guarantee program—allow for certain other Indigenous entities to apply. Specifically, those regulations include tribal organizations, as defined by ISDEAA (see the "Terminology" section above). See Table 2 for a summary of eligible Tribes and other Indigenous entities for RUS broadband and telephone programs.

RUS Electric Programs

Four RUS electric programs have governing statutes or regulations that mention Tribes or other Indigenous entities as eligible applicants, as shown in Table 3.

RUS electric program statutes and regulations differ regarding tribal and other Indigenous entity eligibility. All RUS electric statutory provisions are silent regarding tribal and other Indigenous entity eligibility for RUS electric programs. Nonetheless, all RUS electric program regulations include Tribes as eligible applicants, and some allow for other Indigenous entity applicants. Regulations for two programs—the Electric Infrastructure Loan and Loan Guarantee Program and the Rural Energy Savings Program—mention Tribes but do not define the term. Regulations for the other two electric programs, the Denali Commission High Energy Cost Grants Program and the High Energy Cost Grants Program, both define Tribes using the ISDEAA definition (which would include ANCs) and specifically mention ANCs.²⁵ The Denali Commission High Energy Cost Grants Program and the High Energy Cost Grants Program regulations also state that "other tribal entities" are eligible; however, because the regulations do not define this term, it is unclear which other Indigenous entities are eligible.²⁶ See Table 4 for a summary of eligible Tribes and other Indigenous entities for RUS electric programs.

RUS Water and Waste Disposal Programs

Eight RUS WWD programs have governing statutes or regulations that mention Tribes or other Indigenous entities as eligible applicants, as shown in Table 5.

RUS WWD program statutes and regulations differ regarding tribal and other Indigenous entity eligibility. Statutes for five RUS water and wastewater programs—Grants for Rural and Native Alaskan Villages Program, Revolving Funds for Financing Water and Wastewater Projects, the Water and Waste Facility Loans and Grants to Alleviate Health Risks Program, the WWD Loan and Grant Program, and the WWD Loan Guarantee Program—include Tribes as eligible entities. Statutes for three RUS WWD programs—the Emergency Community Water Assistance Program, Special Evaluation Assistance for Rural Communities and Household (SEARCH), and the Solid Waste Management Grant Program—are silent on eligibility.

Nevertheless, regulations for all RUS WWD programs except the Grants for Rural and Native Alaskan Villages Program appear to include Tribes as eligible applicants. Five programs have regulations stating that Tribes "on federal and state reservations and other federally recognized Indian Tribes" are eligible applicants (these programs include the Emergency Community Water Assistance Program, Revolving Funds for Financing Water and Wastewater Projects, SEARCH, the WWD Loan and Grant Program, and the WWD Loan Guarantee Program).²⁷ The WWD Loan Guarantee Program regulations also adopt the ISDEAA definition of Tribe (which would include ANCs), but it is unclear whether the other programs would accept ANC applicants.²⁸ In addition, whether state-recognized tribes would be eligible for these programs is uncertain.

Regulations for several RUS WWD programs allow certain other Indigenous entities to apply. Regulations for the Grants for Rural and Native Alaskan Villages Program state that Alaska Native Villages and the Alaska Native Tribal Health Consortium are eligible applicants.²⁹ The Alaska Native Tribal Health Consortium is a nonprofit tribal organization that provides health services to Alaska Native and American Indian people living in Alaska.³⁰ Only the Solid Waste Management Program regulations explicitly include state-recognized tribes.³¹ In addition, the Water and Waste Facility Loans and Grants to Alleviate Health Risks Program regulations state that tribal organizations are eligible applicants.³² Regulations for this program also appear to allow other Indigenous entities to apply, if the applicant "provides acceptable documentation and certifies that more than 50 percent of the users in the project service area are members of Tribes."³³ For example, these applicants could conceivably be ANCs or state-recognized tribes but not Native Hawaiians, because there are no Tribes in Hawaii that could benefit from a proposed project. See Table 6 for a summary of Tribes and other Indigenous entities eligible for RUS water and waste disposal programs.

Access to RUS Programs

Congress authorized RUS to help Tribes and other Indigenous entities access RUS programs. The following RUS authorities and programs aim to increase RUS program access for Tribes and other Indigenous entities.

Substantially Underserved Trust Areas

The Substantially Underserved Trust Area (SUTA) authority allows RUS to adjust or waive program requirements for Tribes and certain other Indigenous entity applicants if they meet specific conditions. Section 6105 of the Food, Conservation, and Energy Act of 2008 (P.L. 110-246) provides the RUS Administrator with the authority to adjust or waive certain RUS program requirements for applications serving communities on trust areas with "high need for the benefits of an eligible program."³⁴ This SUTA authority defines trust areas as lands held in trust or restricted fee status (including Native Hawaiian homelands), lands owned by ANCs, and any land on islands that are communally owned (by cultural tradition) in the Pacific Ocean.³⁵

When the RUS Administrator designates an RUS application as potentially serving SUTAs, then the Administrator can apply any of the following waivers or program adjustments:³⁶

• Offer loan interest rates as low as 2%
• Extend the time period in which loans are repaid
• Waive documentation requirements and matching fund or credit support requirements for loans or grants facilitating the construction, acquisition, or improvement of infrastructure
• Provide the highest priority for funding to eligible applications that will serve trust areas

The SUTA authority is restricted to RUS programs authorized under the Rural Electrification Act of 1936 (P.L. 74-605), as amended, or the Consolidated Farm and Rural Development Act (P.L. 87-128), as amended.³⁷ The Secretary of Agriculture has the discretion to select which programs among the more than 30 RUS programs authorized by these two laws may use the SUTA authority.³⁸ RUS, on behalf of the Secretary of Agriculture, has selected the following programs as eligible for SUTA benefits:³⁹

• Electric Infrastructure Loan and Loan Guarantee Program
• High Energy Cost Grant Program
• Rural Broadband Loan and Loan Guarantee Program
• Telecommunications Infrastructure Loan and Loan Guarantee Program
• WWD Loan and Grant Program
• WWD Loan Guarantee Program

During the Biden Administration, RUS staff asserted that the SUTA authority has increased access but noted that challenges remain. For example, the authority offers flexibility for RUS staff to allow tribal and other Indigenous entity applicants that otherwise would not meet program requirements to receive RUS grants.⁴⁰ At the same time, RUS staff are unable to use the authority for loan and loan guarantee programs, because doing so would incur a cost that could violate the Anti-deficiency Act (31 U.S.C. §1341).⁴¹ RUS cited the example of reducing the loan interest rate to 2% as an example of an action that could violate the Anti-deficiency Act, because it would require USDA to spend federal funds in excess of the amount appropriated by Congress for the loan programs. RUS also stated that it does not track how often it uses the SUTA authority; therefore, it is hard to measure the authority's impact.⁴²

Technical Assistance

Congress has authorized RD to increase technical assistance to Tribes through a technical assistance program but has not appropriated funding for the program. Section 6302 of the Agriculture Improvement Act of 2018 (2018 farm bill; P.L. 115-334) established a USDA RD technical assistance program to help tribal and certain other Indigenous entities apply to RUS and other RD programs.⁴³ Congress has not provided funding to develop the program.

Beyond the 2018 farm bill program, USDA RD provides technical assistance to Tribes and other Indigenous entities to increase access to RUS programs as follows.⁴⁴

• Provides RUS coordinators in each state with Tribes or state-recognized tribes to help them access programs and resources⁴⁵
• Provides planning assistance to implement tribal economic development plans through the Rural Economic Development Innovation Initiative⁴⁶
• Partners with Tribes, tribal members, and other Indigenous entities through the RD Tribal Relations Office to increase access to USDA RD programs; the Office conducts outreach webinars and listening sessions with Tribes and other Indigenous entities⁴⁷

Policy Issues

Congress may choose to constrict, maintain, or expand statutes governing tribal and other Indigenous entity access to RUS programs. If Congress chooses to change the statutes governing these programs, it may consider the following policy issues:

• Program eligibility
• Program financial flexibility
• Technical assistance
• Use of the SUTA authority

Program Eligibility

Currently, the eligibility of tribal and other Indigenous entity applicants varies across RUS programs. For example, in many cases, RUS statutes may include a few terms related to eligibility that the RUS regulations further define. In other cases, RUS statutes are silent on eligibility but regulations address it.⁴⁸ Although statutory provisions were not identified for all RUS programs, all regulations include Tribes as eligible applicants and some allow for other Indigenous entity applicants. For example, sometimes ANCs or tribal organizations are included as eligible entities. State-recognized tribes are explicitly eligible for one RUS program. Native Hawaiians were not identified as eligible for any RUS programs.

Congress may consider the potential impacts of broadening eligibility to more Indigenous entities and of creating consistent eligibility requirements within and across RUS programs.

Eligibility of Tribes vs. Other Indigenous Entities

Some Tribes have stressed that their unique government-to-government relationship with the United States grants them access to federal benefits and services that should not be made available to other Indigenous entities. For example, when the U.S. Department of the Treasury determined that ANCs were eligible for funding under Title V of the CARES Act (P.L. 116-136), even though ANCs are not Tribes, some Tribes sued the federal government.⁴⁹ Those Tribes argued that the United States has a federal trust responsibility, or legal obligation, only toward Tribes.⁵⁰ Similarly, some tribal associations have argued against the participation of Indigenous entities, including ANCs, in federal consultation and policymaking.⁵¹

By contrast, certain other Indigenous entities have argued that they should have similar access to federal programs and funding as Tribes. ANCs have asserted that many Tribes in Alaska lack the capacity to manage federal programs or funding compared with ANCs.⁵² Furthermore, ANCs have argued that they provide benefits and services to more than 100,000 Alaska Natives.⁵³ Others argue that all Indigenous peoples should be treated equitably. For example, some Native Hawaiians have asked for "funding and programming equity for all Native Americans, including American Indians, Alaska Natives, and Native Hawaiians."⁵⁴

Congress has recognized the unique status of certain other Indigenous entities, but not consistently.⁵⁵ For example, both statute and regulations make Alaska Native Villages and the Alaska Native Tribal Health Consortium eligible for the RUS Grants for Rural and Native Alaskan Villages Program.⁵⁶ Although RUS statutes do not mention ANCs, at times, Congress has required federal agencies to treat ANCs like Tribes for certain purposes.⁵⁷ In addition, Congress has authorized programs to benefit state-recognized tribes.⁵⁸ Further, Congress has enacted legislation to benefit Native Hawaiians.⁵⁹

Members of Congress may consider whether to constrict, maintain, or expand current RUS program eligibility requirements. Constricting eligibility for RUS programs may allow Congress to prioritize funding for specific tribal or other Indigenous entity applicants. Broadening eligibility for RUS programs to include more Indigenous entities may result in RUS programs serving a wider range of communities in need. At the same time, expanding eligibility could dilute the amount of funding all eligible parties could receive. In that case, Congress would be faced with the choice of whether to allocate additional funds to RUS programs to make up for less funding per eligible entity or to keep funding at current levels, resulting in more eligibility but fewer dollars per entity.

Eligibility Requirements Within and Across RUS Programs

The differences in program eligibility across RUS utility programs raise several questions. First, there is a question of whether the current differences in program eligibility comport with congressional intent. For example, many statutes are silent regarding the eligibility of Tribes and other Indigenous entities, whereas regulations may address the matter of their eligibility. Alternatively, RUS may interpret the same statutory language differently depending on the program. For example, statutes or regulations for six programs state that Tribes "on federal and state reservations and other federally recognized Indian Tribes" are eligible applicants.⁶⁰ Tribes are eligible for all of these programs, but it is unclear whether state-recognized tribes are eligible. The Water and Waste Facility Loans and Grants to Alleviate Health Risks Program's regulations limit eligibility to Tribes (and tribal organizations).⁶¹ Alternatively, perhaps due to the statutory ambiguity, the Solid Waste Management Grant Program regulations also allow state-recognized tribes to apply.⁶²

Another issue is whether these differences in program eligibility impact program implementation. Program differences may make it challenging for RUS, Tribes, and other Indigenous entities to understand RUS eligibility requirements. For example, some RUS program statutes or regulations include ANCs explicitly, some include ANCs implicitly (by referencing the ISDEAA definition of Tribe), and others are silent on the eligibility of ANCs. In addition, some RUS electric program regulations state that "other tribal entities" are eligible but do not define the term; therefore, it is unclear which other Indigenous entities are eligible.⁶³

Congress has several options regarding programmatic eligibility. It may want to explore whether to make eligibility requirements consistent across RUS programs or within RUS program areas. Another option would be to amend statutes that currently are silent regarding eligibility to clarify congressional intent. Alternatively, Congress could not take action and continue to allow RUS discretion in determining eligibility.

Program Financial Flexibility

Some Tribes and other Indigenous entities have supported increasing RUS program financial flexibility, such as waiving matching fund requirements for grants, to potentially increase their access. For example, Native Hawaiian communities have asked RUS to consider the financial feasibility of a proposed project rather than the financial standing of the applicant to enable more applicants to get loans.⁶⁴ Some tribal associations have asked RUS to waive matching requirements for RUS programs, asserting that matching requirements can be "a significant barrier."⁶⁵

During the Biden Administration, RUS has expressed support for increasing tribal access through providing program flexibility. One example concerns the ReConnect Program, which provides grants and loans to deploy broadband to rural areas. In the 2022 ReConnect Program Notice of Funding Opportunity, RUS waived the matching requirements for tribal applicants proposing to provide service to tribal lands.⁶⁶ In addition, RD has stated that Tribes are "encouraged" to request flexibility and to explore waivers, although it also has acknowledged its limited statutory discretion regarding financial requirements.⁶⁷

Some people may oppose increasing program flexibility for various reasons. First, doing so may increase financial risks to the borrower and RUS. In addition, some people may claim that increased program flexibility would unfairly redistribute limited funding from non-Native communities with utility needs. Increasing program flexibility for issuing loans may have other consequences, including increased financial risk. If RUS programs waive certain fiscal requirements for applicants, then the risk of default increases. Applicants may receive loans that they are unable to pay back and may risk losing any property or equipment they put up for collateral. In addition, the loan subsidy amount for the RUS loan and loan guarantee programs may need to increase to account for a potentially higher rate of default, thereby increasing the cost of the programs to federal taxpayers.

Members of Congress may consider whether to constrict, maintain, or expand current RUS program financial flexibility requirements. Congress has waived matching requirements for ReConnect Program grants for applicants that are "Alaska Native Corporations or federally-recognized Tribes" on SUTAs, as defined by the statute governing the SUTA authority.⁶⁸ This waiver was limited to ReConnect Program grants funded through the Infrastructure Investment and Jobs Act (P.L. 117-58).

In the 118^th Congress, several bills would reduce the matching requirements for several RUS programs. For example, S. 1580, the MORE USDA Grants Act, would reduce the matching requirement by 50% for several programs, including RUS programs, in certain geographic areas.⁶⁹ In addition, S. 2385, the Tribal Access to Clean Water Act of 2023, would waive matching requirements for RUS grants for technical assistance.

Another option may be to provide financial flexibility in using the SUTA authority. Congress may consider whether to increase appropriations for RUS loan programs to cover increased costs associated with offering 2% interest rate loans for RUS programs for Tribes and Indigenous entities applying for funding. This approach could provide clarity and could address RUS's concern about violating the Anti-deficiency Act.

Tribal Technical Assistance

Some Members of Congress, Tribes, tribal associations, and other stakeholders have asserted that USDA RD should provide more technical assistance and outreach to help Tribes compete for RUS program funds.⁷⁰ Many Tribes and other Indigenous entities have asserted that USDA technical assistance is needed because they often lack the technical capacity or information to navigate USDA programs and services.⁷¹ For example, RUS's loan and grant programs may require architectural and engineering designs, contracting documents, tribal codes and ordinances, land leases, and loan and/or grant agreements.⁷² In addition, some claim that although tribal and other Indigenous entities are eligible for RUS broadband funding, they often compete against governmental, corporate, and nonprofit entities with more capacity.⁷³

Tribal associations and other stakeholders have made various suggestions for improving RUS's tribal technical assistance processes. For example, the Native Farm Bill Coalition recommended that USDA RD establish the Tribal Technical Assistance Office authorized in the 2018 farm bill.⁷⁴ Indigenous entities also have recommended that Congress appropriate funding for this office.⁷⁵ In addition, USDA could award funding to third-party organizations to provide technical assistance to Tribes and other Indigenous entities.⁷⁶

Some stakeholders have raised concerns about the possibility of USDA providing additional technical assistance to Tribes and other Indigenous entities. They note, for example, that capacity challenges are not unique to Tribes and other Indigenous entities. For example, remote rural communities with small populations may face similar challenges accessing adequate utilities as rural tribal communities. Providing more assistance to Tribes or other Indigenous entities could result in less assistance provided to other rural communities in need.

If Congress seeks to take action, it could consider whether to maintain or expand RUS's technical assistance to Tribes and other Indigenous entities. In the 118^th Congress, a hearing was held on S. 2385, the Tribal Access to Clean Water Act of 2023, which among other things would amend RUS's water and wastewater authority (7 U.S.C. §§1926c-1926d) to enable the agency to make or insure loans and make grants to eligible entities for technical assistance.⁷⁷ If Congress determines that technical assistance should be increased, it could consider whether to appropriate funding to the USDA RD Tribal Technical Assistance Office, which Congress authorized in 2018.

Use of the Substantially Unserved Trust Areas Authority

Tribal associations, such as the Native Farm Bill Coalition, have called on Congress to expand the SUTA authority to all USDA RD programs.⁷⁸ The coalition, RUS staff, and others have stated that the SUTA authority's flexibility has allowed more tribal and other Indigenous entities to access RUS programs.⁷⁹

Others may argue that more oversight is needed on current SUTA authority implementation before any potential expansion. In a 2019 report, the USDA Office of the Inspector General (OIG) reported that RUS did not efficiently and effectively track its SUTA-related loans and grants.⁸⁰ OIG recommended that RUS establish a new online application system to track (1) the number of loans and grants made specifically to Native American communities and (2) whether SUTA provisions were applied to these loans and grants. Evidence of RUS implementation of these recommendations was not identified.

If Congress seeks to take action, it could consider whether Congress could expand or eliminate the SUTA authority is a source of debate. Congress has highlighted potential uses of the SUTA authority. For example, the conference report for the 2018 farm bill (H.Rept. 115-102) stated that SUTA authority could be used to refinance loans issued through the Telecommunication Infrastructure Loan and Loan Guarantee Program for broadband loans. The report acknowledged that these loans are "serving the most difficult, and highest cost areas of the country, and allowing for the refinancing of higher interest loans will provide the ability for these telecommunications carriers to continue to build high-speed broadband networks."⁸¹ Also, Congress may want to consider directing RUS to collect and report data on its current implementation of SUTA authorities to help inform a decision on whether to expand authority to designate SUTAs to all USDA RD programs, as the 2019 OIG report suggested. This report could include information such as how often SUTA is used and for which RUS programs, as well as which tribal or other Indigenous entities benefit.