Title 42The Public Health and WelfareRelease 119-73

§3154g High-speed broadband deployment initiative

Title 42 › Chapter CHAPTER 38— - PUBLIC WORKS AND ECONOMIC DEVELOPMENT › Subchapter SUBCHAPTER II— - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT › § 3154g

Last updated Apr 6, 2026|Official source

Summary

The Secretary may give grants to eligible recipients to plan, build, extend, or improve high-speed broadband. Definitions: broadband project — planning, buying land, or building and improving facilities; eligible recipient — includes public-private partnerships and consortia formed between 1 or more eligible recipients and 1 or more for-profit organizations; high-speed broadband — 2-way data transmission with enough downstream and upstream speed as the Secretary decides. When people apply, the Secretary must consider geographic diversity and underserved markets and must ask the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, the Secretary of Agriculture, and the Appalachian Regional Commission for data on existing service in the area and service being built by other federal programs. If a project is done by a public-private partnership or consortium, property bought or improved with grant money must be held by a public partner or eligible nonprofit for the useful life of the project, and then title can transfer to a member under rules the Secretary creates. No one can be barred from competing to provide goods or services just because they helped design the project or write specs. The Secretary can allow a grantee to give a third party an option to buy project property, but the option can only be used after the Federal interest is released; giving or using that option is not a redistribution of grant funds under section 3154c. When counting the non-Federal share of project costs, the Secretary can credit the present value of approved contributions over the project’s useful life and may require proof of their value and commitment.

Full Legal Text

Title 42, §3154g

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:
(1)The term “broadband project” means, for the purposes of providing, extending, expanding, or improving high-speed broadband service to further the goals of this chapter—
(A)planning, technical assistance, or training;
(B)the acquisition or development of land; or
(C)the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of facilities, including related machinery, equipment, contractual rights, and intangible property.
(2)(A)The term “eligible recipient” means an eligible recipient.
(B)The term “eligible recipient” includes—
(i)a public-private partnership; and
(ii)a consortium formed for the purpose of providing, extending, expanding, or improving high-speed broadband service between 1 or more eligible recipients and 1 or more for-profit organizations.
(3)The term “high-speed broadband” means the provision of 2-way data transmission with sufficient downstream and upstream speeds to end users to permit effective participation in the economy and to support economic growth, as determined by the Secretary.
(b)(1)On the application of an eligible recipient, the Secretary may make grants under this subchapter for broadband projects, which shall be subject to the provisions of this section.
(2)In reviewing applications submitted under paragraph (1), the Secretary shall take into consideration geographic diversity of grants provided, including consideration of underserved markets, in addition to data requested in paragraph (3).
(3)In reviewing an application submitted under paragraph (1), the Secretary shall request from the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, the Secretary of Agriculture, and the Appalachian Regional Commission data on—
(A)the level and extent of broadband service that exists in the area proposed to be served; and
(B)the level and extent of broadband service that will be deployed in the area proposed to be served pursuant to another Federal program.
(4)For any broadband project carried out by an eligible recipient that is a public-private partnership or consortium, the Secretary shall require that title to any real or personal property acquired or improved with grant funds, or if the recipient will not acquire title, another possessory interest acceptable to the Secretary, be vested in a public partner or eligible nonprofit organization or association for the useful life of the project, after which title may be transferred to any member of the public-private partnership or consortium in accordance with regulations promulgated by the Secretary.
(5)Notwithstanding any other provision of law, no person or entity shall be disqualified from competing to provide goods or services related to a broadband project on the basis that the person or entity participated in the development of the broadband project or in the drafting of specifications, requirements, statements of work, or similar documents related to the goods or services to be provided.
(6)(A)The Secretary may permit a recipient of a grant for a broadband project to grant an option to acquire real or personal property (including contractual rights and intangible property) related to that project to a third party on such terms as the Secretary determines to be appropriate, subject to the condition that the option may only be exercised after the Secretary releases the Federal interest in the property.
(B)The grant or exercise of an option described in subparagraph (A) shall not constitute a redistribution of grant funds under section 3154c of this title.
(c)In determining the amount of the non-Federal share of the cost of a broadband project, the Secretary may provide credit toward the non-Federal share for the present value of allowable contributions over the useful life of the broadband project, subject to the condition that the Secretary may require such assurances of the value of the rights and of the commitment of the rights as the Secretary determines to be appropriate.

Reference

Citations & Metadata

Citation

42 U.S.C. § 3154g

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73