[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 535 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 535

 To establish grant programs for the development of telecommunications 
                     capacities in Indian country.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2005

  Mr. Inouye (for himself and Ms. Cantwell) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish grant programs for the development of telecommunications 
                     capacities in Indian country.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Connectivity Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1)(A) disparities exist in the areas of education, health 
        care, workforce training, commerce, and economic activity of 
        Indians due to the rural nature of most Indian reservations; 
        and
            (B) access to basic and advanced telecommunications 
        infrastructure is critical in eliminating those disparities;
            (2) currently, only 67.9 percent of Indian homes have 
        telephone service, compared with the national average of 95.1 
        percent;
            (3) the telephone service penetration rate on some 
        reservations is as low as 39 percent;
            (4) even on reservations and trust land, non-Indian homes 
        are more likely to have telephone service than Indian homes;
            (5) only 10 percent of Indian households on tribal land 
        have Internet access;
            (6) only 17 percent of Indian tribes have developed 
        comprehensive technology plans;
            (7) training and technical assistance have been identified 
        as the most significant needs for the development and effective 
        use of telecommunications and information technology in Indian 
        country;
            (8) funding for telecommunications and information 
        technology projects in Indian country remains inadequate to 
        address the needs of Indian communities;
            (9) many Indian tribes are located on or adjacent to Indian 
        land in which unemployment rates exceed 50 percent;
            (10) the lack of telecommunications infrastructure and low 
        telephone and Internet penetration rates adversely affects the 
        ability of Indian tribes to pursue economic development 
        opportunities; and
            (11) primary, secondary, and postsecondary education, job 
        training, health care, disease prevention education, and 
        cultural preservation are greatly enhanced with access to and 
        use of telecommunications technology and electronic 
        information.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to promote affordable and universal access among Indian 
        tribal governments, tribal entities, reservation-based schools, 
        tribal colleges and universities, and Indian households to 
        telecommunications and information technology in Indian 
        country;
            (2) to encourage and promote tribal economic development, 
        self-sufficiency, and strong tribal governments;
            (3) to enhance the health of Indian tribal members through 
        the availability and use of telemedicine and telehealth;
            (4) to improve the quality of kindergarten, primary, 
        secondary, postsecondary, and job-related training, through 
        enhanced and sustained information technology infrastructure; 
        and
            (5) to assist in the retention and preservation of native 
        languages and cultural traditions.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Block grant.--The term ``block grant'' means a grant 
        provided under section 5.
            (2) Eligible activity.--The term ``eligible activity'' 
        means an activity carried out--
                    (A) to acquire or lease real property (including 
                licensed spectrum, water rights, dark fiber, exchanges, 
                and other related interests) to provide 
                telecommunications services, facilities, and 
                improvements;
                    (B) to acquire, construct, reconstruct, or install 
                telecommunications facilities, sites, improvements 
                (including design features), or utilities;
                    (C) to retain any real property acquired under this 
                Act for tribal communications purposes;
                    (D) to pay the non-Federal share required by a 
                Federal grant program undertaken as part of activities 
                funded under this Act;
                    (E) to carry out activities necessary--
                            (i) to develop a comprehensive 
                        telecommunications development plan; and
                            (ii) to develop a policy, planning, and 
                        management capacity so that an eligible entity 
                        can more rationally and effectively--
                                    (I) determine the needs of the 
                                entity;
                                    (II) set long term and short term 
                                goals;
                                    (III) devise programs and 
                                activities to meet the goals of the 
                                entity, including, if appropriate, 
                                telehealth;
                                    (IV) evaluate the progress of the 
                                programs and activities in meeting the 
                                goals of the entity; and
                                    (V) carry out management, 
                                coordination, and monitoring of 
                                activities necessary for effective 
                                planning implementation;
                    (F) to pay reasonable administrative costs and 
                carrying charges related to the planning and execution 
                of telecommunications development activities, including 
                the provision of information and resources about the 
                planning and execution of the activities to residents 
                of areas in which telecommunications development 
                activities are to be concentrated;
                    (G) to increase the capacity of an eligible entity 
                to carry out telecommunications activities, including 
                the development of telecommunications regulations and 
                related regulatory matters;
                    (H) to provide assistance to institutions of higher 
                education (including tribal colleges and universities) 
                that have a demonstrated capacity to carry out eligible 
                activities;
                    (I) to enable an eligible entity to facilitate 
                telecommunications development by--
                            (i) providing technical assistance, advice, 
                        and business support services (including 
                        services for developing business plans, 
                        securing funding, and conducting marketing); 
                        and
                            (ii) providing general support (including 
                        peer support programs and mentoring programs) 
to Indian tribes in developing telecommunications projects;
                    (J) to evaluate eligible activities to ascertain 
                and promote effective telecommunications and 
                information technology deployment practices and usages 
                among Indian tribes; or
                    (K) to provide research, analysis, data collection, 
                data organization, and dissemination of information 
                relevant to telecommunications and information 
                technology in Indian country for the purpose of 
                promoting effective telecommunications and information 
                technology deployment practices and usages among 
                tribes.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) an Indian tribe or consortium of Indian tribes;
                    (B) a tribally chartered organization; or
                    (C) an Indian organization, intertribal 
                organization, tribal college or university, or a 
                private or public institution of higher education 
                acting under an agreement with an Indian tribe.
            (4) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (5) Information technology.--
                    (A) In general.--The term ``information 
                technology'' means any equipment or interconnected 
                system or subsystem of equipment that is used in the 
                automatic acquisition, storage, analysis, evaluation, 
                manipulation, management, movement, control, display, 
                switching, interchange, transmission, or reception of 
                data or information.
                    (B) Inclusions.--The term ``information 
                technology'' includes computers, ancillary equipment 
                (including imaging peripherals, input, output, and 
                storage devices necessary for security and 
                surveillance), peripheral equipment designed to be 
                controlled by the central processing unit of a 
                computer, software, firmware and similar procedures, 
                services (including support services), and related 
                resources.
            (6) Planning.--The term ``planning'' means community-based 
        planning developed in consultation with the local community 
        based on the needs of the local community.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (8) Technical assistance.--The term ``technical 
        assistance'' means the facilitation of skills and knowledge in 
        planning, developing, assessing, and administering eligible 
        activities.
            (9) Training and technical assistance grant.--The term 
        ``training and technical assistance grant'' means a grant 
        provided under section 6.
            (10) Tribal college or university.--The term ``tribal 
        college or university'' has the meaning given the term 
        ``tribally controlled college or university'' in section 2 of 
        the Tribally Controlled Community College Assistance Act of 
        1978 (25 U.S.C. 1801), except that the term includes an 
        institution listed in the Equity in Educational Land-Grant 
        Status Act of 1994 (7 U.S.C. 301 note).
            (11) Telehealth.--The term ``telehealth'' means the use of 
        electronic information and telecommunications technologies to 
        support long-distance clinical health care, patient and 
        professional health-related education, public health, and 
        health administration.

SEC. 5. BLOCK GRANT PROGRAM.

    (a) Establishment.--There is established within the National 
Telecommunications and Information Administration a Native American 
telecommunications block grant program to provide grants on a 
competitive basis to eligible entities to carry out activities under 
subsection (c).
    (b) Block Grants.--The Secretary may provide a block grant to an 
eligible entity that submits a block grant application to the Secretary 
for approval.
    (c) Eligible Activities.--A grant under this section may only be 
used for an eligible activity.
    (d) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall promulgate regulations 
establishing specific criteria for the competition conducted to select 
eligible entities to receive grants under this section for each fiscal 
year.

SEC. 6. TRAINING AND TECHNICAL ASSISTANCE GRANTS.

    (a) Notification and Criteria.--The Secretary--
            (1) shall provide notice of the availability of training 
        and technical assistance grants; and
            (2) publish criteria for selecting recipients.
    (b) Grants.--The Secretary may provide training and technical 
assistance grants to eligible entities with a demonstrated capacity to 
carry out eligible activities.
    (c) Use of Funds.--A training and technical assistance grant shall 
be used--
            (1) to develop a training program to facilitate local use 
        and maintenance of new telecommunications technologies;
            (2) to develop and implement--
                    (A) telecommunications and information technology 
                work study programs; and
                    (B) postsecondary telecommunications and 
                information technology-related education, development, 
                planning, and management programs;
            (3) to develop a training program for telecommunications 
        employees; or
            (4) to provide assistance to students who--
                    (A) participate in telecommunications or 
                information technology work study programs; and
                    (B) are enrolled in a full-time graduate or 
                undergraduate program in telecommunications-related 
                education, development, planning, or management.
    (d) Setaside.--
            (1) In general.--For each fiscal year, the Secretary shall 
        set aside 10 percent of the amount made available under section 
        12 for training and technical assistance grants, to remain 
        available until expended.
            (2) Treatment.--A training and technical assistance grant 
        to an entity shall be in addition to any block grant provided 
        to the entity.
    (e) Provision of Technical Assistance by the Secretary.--The 
Secretary may provide technical assistance, directly or through 
contracts, to--
            (1) eligible entities; and
            (2) persons or entities that assist tribal governments.

SEC. 7. COMPLIANCE.

    (a) Audit by the Comptroller General.--
            (1) In general.--The Comptroller General of the United 
        States may audit any financial transaction involving grant 
        funds that is carried out by a block grant recipient or 
        training and technical assistance grant recipient.
            (2) Scope of authority.--In conducting an audit under 
        paragraph (1), the Comptroller General shall have access to all 
        books, accounts, records, reports, files, and other papers, 
        things, or property belonging to or in use by the grant 
        recipient that relate to the financial transaction and are 
        necessary to facilitate the audit.
    (b) Environmental Protection.--
            (1) In general.--After consultation with Indian tribes, the 
        Secretary may promulgate regulations to carry out this 
        subsection that--
                    (A) ensure that the policies of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), and other laws that further the purposes of that 
                Act (as specified by the regulations), are most 
                effectively implemented in connection with the 
                expenditure of funds under this Act; and
                    (B) assure the public of undiminished protection of 
                the environment.
            (2) Substitute measures.--Subject to paragraph (3), the 
        Secretary may provide for the release of funds under this Act 
        for eligible activities to grant recipients that assume all of 
        the responsibilities for environmental review, decisionmaking, 
        and related action under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.), and other laws that further 
        the purposes of that Act (as specified by the regulations 
        promulgated under paragraph (1)), that would apply to the 
        Secretary if the Secretary carried out the eligible activities 
        as Federal projects.
            (3) Release.--
                    (A) In general.--The Secretary shall approve the 
                release of funds under paragraph (2) if, at least 15 
                days prior to approval, the grant recipient submits to 
                the Secretary a request for release accompanied by a 
                certification that meets the requirements of paragraph 
                (4).
                    (B) Approval.--The approval by the Secretary of a 
                certification shall be deemed to satisfy the 
                responsibilities of the Secretary under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and the laws specified by the regulations 
                promulgated under paragraph (1), to the extent that 
                those responsibilities relate to the release of funds 
                for projects described in the certification.
            (4) Certification.--A certification shall--
                    (A) be in a form acceptable to the Secretary;
                    (B) be executed by the tribal government;
                    (C) specify that the grant recipient has fully 
                assumed the responsibilities described in paragraph 
                (2); and
                    (D) specify that the tribal officer--
                            (i) assumes the status of a responsible 
                        Federal official under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) and each law specified by the 
                        regulations promulgated under paragraph (1), to 
                        the extent that the provisions of that Act or 
                        law apply; and
                            (ii) is authorized to consent, and 
                        consents, on behalf of the grant recipient and 
                        on behalf of the tribal officer to accept the 
                        jurisdiction of the Federal courts for 
                        enforcement of the responsibilities of the 
                        tribal officer as a responsible Federal 
                        official.

SEC. 8. REMEDIES FOR NONCOMPLIANCE.

    (a) Failure to Comply.--If the Secretary finds, on the record after 
opportunity for an agency hearing, that a block grant recipient or 
training and technical assistance grant recipient has failed to comply 
substantially with any provision of this Act, the Secretary, until 
satisfied that there is no longer a failure to comply, shall--
            (1) terminate payments to the grant recipient;
            (2) reduce payments to the grant recipient by an amount 
        equal to the amount of payments that were not expended in 
        accordance with this Act;
            (3) limit the availability of payments under this Act to 
        programs, projects, or activities not affected by the failure 
        to comply; or
            (4) refer the matter to the Attorney General with a 
        recommendation that the Attorney General bring an appropriate 
        civil action.
    (b) Action by the Attorney General.--After a referral by the 
Secretary under subsection (a)(4), the Attorney General may bring a 
civil action in United States district court for appropriate relief 
(including mandatory relief, injunctive relief, and recovery of the 
amount of the assistance provided under this Act that was not expended 
in accordance with this Act).

SEC. 9. REPORTING REQUIREMENTS.

    (a) Annual Report to Congress.--Not later than 180 days after the 
end of each fiscal year in which assistance under this Act is provided, 
the Secretary shall submit to Congress a report that includes--
            (1) a description of the progress made in accomplishing the 
        objectives of this Act;
            (2) a summary of the use of funds under this Act during the 
        preceding fiscal year; and
            (3) an evaluation of the status of telephone, Internet, and 
        personal computer penetration rates, by type of technology, 
        among Indian households throughout Indian country on a tribe-
        by-tribe basis.
    (b) Reports to Secretary.--The Secretary may require grant 
recipients under this Act to submit reports and other information 
necessary for the Secretary to prepare the report under subsection (a).

SEC. 10. CONSULTATION.

    In carrying out this Act, the Secretary shall consult with--
            (1) other Federal agencies administering Federal grant 
        programs relating to the development of telecommunications 
        capacities or infrastructure; and
            (2) the Government Accountability Office and Indian tribes 
        to determine the proportion of grant funds necessary to address 
        training and technical assistance and eligible activity needs.

SEC. 11. HISTORIC PRESERVATION REQUIREMENTS.

    A telecommunications project funded under this Act shall comply 
with the National Historic Preservation Act (16 U.S.C. 470 et seq.) and 
the Native American Graves Protection and Repatriation Act (25 U.S.C. 
3001 et seq.).

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act--
            (1) $20,000,000 for fiscal year 2006; and
            (2) such sums as are necessary for each subsequent fiscal 
        year.
    (b) Availability.--Funds made available under subsection (a) shall 
remain available until expended.
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