II 

108TH CONGRESS 

2D SESSION S. 2382

To establish grant programs for the development of telecommunications 

capacities in Indian country. 

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2004

Mr. INOUYE 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Native American 

5 Connectivity Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1)(A) disparities exist in the areas of edu9 cation, health care, workforce training, commerce, 
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1 and economic activity of Indians due to the rural na2 ture of most Indian reservations; and 

3 (B) access to basic and advanced telecommuni4 cations infrastructure is critical in eliminating those 

5 disparities; 

6 (2) currently, only 67.9 percent of Indian 

7 homes have telephone service, compared with the na8 tional average of 95.1 percent; 

9 (3) the telephone service penetration rate on 

10 some reservations is as low as 39 percent; 

11 (4) even on reservations and trust land, non-In12 dian homes are more likely to have telephone service 

13 than Indian homes; 

14 (5) only 10 percent of Indian households on 

15 tribal land have Internet access; 

16 (6) only 17 percent of Indian tribes have devel17 oped comprehensive technology plans; 

18 (7) training and technical assistance have been 

19 identified as the most significant needs for the devel20 opment and effective use of telecommunications and 

21 information technology in Indian country; 

22 (8) funding for telecommunications and infor23 mation technology projects in Indian country re24 mains inadequate to address the needs of Indian 

25 communities; 
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1 (9) many Indian tribes are located on or adja2 cent to Indian land in which unemployment rates ex3 ceed 50 percent; 

4 (10) the lack of telecommunications infrastruc5 ture and low telephone and Internet penetration 

6 rates adversely affects the ability of Indian tribes to 

7 pursue economic development opportunities; and 

8 (11) health care, disease prevention education, 

9 and cultural preservation are greatly enhanced with 

10 access to and use of telecommunications technology 

11 and electronic information. 

12 SEC. 3. PURPOSES. 

13 The purposes of this Act are— 

14 (1) to promote affordable and universal access 

15 among Indian tribal governments, tribal entities, and 

16 Indian households to telecommunications and infor17 mation technology in Indian country; 

18 (2) to encourage and promote tribal economic 

19 development, self-sufficiency, and strong tribal gov20 ernments; 

21 (3) to enhance the health of Indian tribal mem22 bers through the availability and use of telemedicine 

23 and telehealth; and 

24 (4) to assist in the retention and preservation 

25 of native languages and cultural traditions. 
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1 SEC. 4. DEFINITIONS. 

2 In this Act: 

3 (1) BLOCK GRANT.—The term ‘‘block grant’’ 

4 means a grant provided under section 5. 

5 (2) ELIGIBLE ACTIVITY.—The term ‘‘eligible 

6 activity’’ means an activity carried out— 

7 (A) to acquire or lease real property (in8 cluding licensed spectrum, water rights, dark 

9 fiber, exchanges, and other related interests) to 

10 provide telecommunications services, facilities, 

11 and improvements; 

12 (B) to acquire, construct, reconstruct, or 

13 install telecommunications facilities, sites, or 

14 improvements (including design features), or 

15 utilities; 

16 (C) to retain any real property acquired 

17 under this Act for tribal communications pur18 poses; 

19 (D) to pay the non-Federal share required 

20 by a Federal grant program undertaken as part 

21 of activities funded under this Act; 

22 (E) to carry out activities necessary— 

23 (i) to develop a comprehensive tele24 communications development plan; and 

25 (ii) to develop a policy, planning, and 

26 management capacity so that an eligible 
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1 entity may more rationally and effec2 tively— 

3 (I) determine the needs of the 

4 entity; 

5 (II) set long term and short term 

6 goals; 

7 (III) devise programs and activi8 ties to meet the goals of the entity, in9 cluding, if appropriate, telehealth; 

10 (IV) evaluate the progress of the 

11 programs and activities in meeting the 

12 goals; and 

13 (V) carry out management, co14 ordination, and monitoring of activi15 ties necessary for effective planning 

16 implementation; 

17 (F) to pay reasonable administrative costs 

18 and carrying charges relating to the planning 

19 and execution of telecommunications develop20 ment activities, including the provision of infor21 mation and resources about the planning and 

22 execution of the activities to residents of areas 

23 in which telecommunications development ac24 tivities are to be concentrated;
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1 (G) to increase the capacity of an eligible 

2 entity to carry out telecommunications activi3 ties; 

4 (H) to provide assistance to institutions of 

5 higher education that have a demonstrated ca6 pacity to carry out eligible activities; 

7 (I) to enable an eligible entity to facilitate 

8 telecommunications development by— 

9 (i) providing technical assistance, ad10 vice, and business support services (includ11 ing services for developing business plans, 

12 securing funding, and conducting mar13 keting); and 

14 (ii) providing general support (includ15 ing peer support programs and mentoring 

16 programs) to Indian tribes in developing 

17 telecommunications projects; 

18 (J) to evaluate eligible activities to ascer19 tain and promote effective telecommunications 

20 and information technology deployment prac21 tices and usages among Indian tribes; or 

22 (K) to provide research, analysis, data col23 lection, data organization, and dissemination of 

24 information relevant to telecommunications and 

25 information technology in Indian country for 
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1 the purpose of promoting effective telecommuni2 cations and information technology deployment 

3 practices and usages among tribes. 

4 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’ means— 

6 (A) an Indian tribe; 

7 (B) an Indian organization; 

8 (C) a tribal college or university; 

9 (D) an intertribal organization; or 

10 (E) a private or public institution of higher 

11 education acting jointly with an Indian tribe. 

12 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

13 has the meaning given the term in section 4 of the 

14 Indian Self-Determination and Education Assistance 

15 Act (25 U.S.C. 450b). 

16 (5) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Commerce. 

18 (6) TECHNICAL ASSISTANCE.—The term ‘‘tech19 nical assistance’’ means the facilitation of skills and 

20 knowledge in planning, developing, assessing, and 

21 administering eligible activities. 

22 (7) TRAINING AND TECHNICAL ASSISTANCE

23 GRANT.—The term ‘‘training and technical assist24 ance grant’’ means a grant provided under section 

25 6. 
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1 (8) TRIBAL COLLEGE OR UNIVERSITY.—The 

2 term ‘‘tribal college or university’’ has the meaning 

3 given the term ‘‘tribally controlled college or univer4 sity’’ in section 2 of the Tribally Controlled Commu5 nity College Assistance Act of 1978 (25 U.S.C. 

6 1801), except that the term also includes an institu7 tion listed in the Equity in Educational Land-Grant 

8 Status Act of 1994 (7 U.S.C. 301 note). 

9 (9) TELEHEALTH.—The term ‘‘telehealth’’ 

10 means the use of electronic information and tele11 communications technologies to support long-dis12 tance clinical health care, patient and professional 

13 health-related education, public health, and health 

14 administration. 

15 SEC. 5. BLOCK GRANT PROGRAM. 

16 (a) ESTABLISHMENT.—There is established within 

17 the National Telecommunications and Information Ad18 ministration a Native American telecommunications block 

19 grant program to provide grants on a competitive basis 

20 to eligible entities to carry out eligible activities under sub21 section (c). 

22 (b) BLOCK GRANTS.—The Secretary may provide a 

23 block grant to an eligible entity that submits a block grant 

24 application to the Secretary for approval. 
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1 (c) ELIGIBLE ACTIVITIES.—A grant under this sec2 tion may only be used for an eligible activity. 

3 (d) REGULATIONS.—Not later than 180 days after 

4 the date of enactment of this Act, the Secretary shall pro5 mulgate regulations establishing specific criteria for the 

6 competition conducted to select eligible entities to receive 

7 grants under this section for each fiscal year. 

8 SEC. 6. TRAINING AND TECHNICAL ASSISTANCE GRANTS. 

9 (a) NOTIFICATION AND CRITERIA.—The Secretary— 

10 (1) shall provide notice of the availability of 

11 training and technical assistance grants; and 

12 (2) publish criteria for selecting recipients. 

13 (b) GRANTS.—The Secretary may provide training 

14 and technical assistance grants to eligible entities with a 

15 demonstrated capacity to carry out eligible activities. 

16 (c) USE OF FUNDS.—A training and technical assist17 ance grant shall be used— 

18 (1) to develop a training program for tele19 communications employees; or 

20 (2) to provide assistance to students who— 

21 (A) participate in telecommunications or 

22 information technology work study programs; 

23 and 

24 (B) are enrolled in a full-time graduate or 

25 undergraduate program in telecommunications-
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1 related education, development, planning, or 

2 management. 

3 (d) SETASIDE.— 

4 (1) IN GENERAL.—For each fiscal year, the 

5 Secretary shall set aside $2,000,000 of the amount 

6 made available under section 12 for training and 

7 technical assistance grants, to remain available until 

8 expended. 

9 (2) TREATMENT.—A training and technical as10 sistance grant to an entity shall be in addition to 

11 any block grant provided to the entity. 

12 (e) PROVISION OF TECHNICAL ASSISTANCE BY THE

13 SECRETARY.—The Secretary may provide technical assist14 ance, directly or through contracts, to— 

15 (1) tribal governments; and 

16 (2) persons or entities that assist tribal govern17 ments. 

18 SEC. 7. COMPLIANCE. 

19 (a) AUDIT BY THE COMPTROLLER GENERAL.— 

20 (1) IN GENERAL.—The Comptroller General of 

21 the United States may audit any financial trans22 action involving grant funds that is carried out by 

23 a block grant recipient or training and technical as24 sistance grant recipient.
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1 (2) SCOPE OF AUTHORITY.—In conducting an 

2 audit under paragraph (1), the Comptroller General 

3 shall have access to all books, accounts, records, re4 ports, files, and other papers, things, or property be5 longing to or in use by the grant recipient that re6 late to the financial transaction and are necessary to 

7 facilitate the audit. 

8 (3) REGULATIONS.—The Comptroller General 

9 shall promulgate regulations to carry out this sub10 section. 

11 (b) ENVIRONMENTAL PROTECTION.— 

12 (1) IN GENERAL.—After consultation with In13 dian tribes, the Secretary may promulgate regula14 tions to carry out this subsection that— 

15 (A) ensure that the policies of the National 

16 Environmental Policy Act of 1969 (42 U.S.C. 

17 4321 et seq.), and other laws that further the 

18 purposes of that Act (as specified by the regula19 tions), are most effectively implemented in con20 nection with the expenditure of funds under 

21 this Act; and 

22 (B) assure the public of undiminished pro23 tection of the environment. 

24 (2) SUBSTITUTE MEASURES.—Subject to para25 graph (3), the Secretary may provide for the release 
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1 of funds under this Act for eligible activities to grant 

2 recipients that assume all of the responsibilities for 

3 environmental review, decisionmaking, and related 

4 action under the National Environmental Policy Act 

5 of 1969 (42 U.S.C. 4321 et seq.), and other laws 

6 that further the purposes of that Act (as specified 

7 by the regulations promulgated under paragraph 

8 (1)), that would apply to the Secretary if the Sec9 retary carried out the eligible activities as Federal 

10 projects. 

11 (3) RELEASE.— 

12 (A) IN GENERAL.—The Secretary shall ap13 prove the release of funds under paragraph (2) 

14 only if, at least 15 days prior to approval, the 

15 grant recipient submits to the Secretary a re16 quest for release accompanied by a certification 

17 that meets the requirements of paragraph (4). 

18 (B) APPROVAL.—The approval by the Sec19 retary of a certification shall be deemed to sat20 isfy the responsibilities of the Secretary under 

21 the National Environmental Policy Act of 1969 

22 (42 U.S.C. 4321 et seq.) and the laws specified 

23 by the regulations promulgated under para24 graph (1), to the extent that those responsibil-
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1 ities relate to the release of funds for projects 

2 described in the certification. 

3 (4) CERTIFICATION.—A certification shall— 

4 (A) be in a form acceptable to the Sec5 retary; 

6 (B) be executed by the tribal government; 

7 (C) specify that the grant recipient has 

8 fully assumed the responsibilities described in 

9 paragraph (2); and 

10 (D) specify that the tribal officer— 

11 (i) assumes the status of a responsible 

12 Federal official under the National Envi13 ronmental Policy Act of 1969 (42 U.S.C. 

14 4321 et seq.) and each law specified by the 

15 regulations promulgated under paragraph 

16 (1), to the extent that the provisions of 

17 that Act or law apply; and 

18 (ii) is authorized to consent, and con19 sents, on behalf of the grant recipient and 

20 on behalf of the tribal officer to accept the 

21 jurisdiction of the Federal courts for en22 forcement of the responsibilities of the 

23 tribal officer as a responsible Federal offi24 cial. 
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1 SEC. 8. REMEDIES FOR NONCOMPLIANCE. 

2 (a) FAILURE TO COMPLY.—If the Secretary finds, on 

3 the record after opportunity for an agency hearing, that 

4 a block grant recipient or training and technical assistance 

5 grant recipient has failed to comply substantially with any 

6 provision of this Act, the Secretary, until satisfied that 

7 there is no longer a failure to comply, shall— 

8 (1) terminate payments to the grant recipient; 

9 (2) reduce payments to the grant recipient by 

10 an amount equal to the amount of payments that 

11 were not expended in accordance with this Act; 

12 (3) limit the availability of payments under this 

13 Act to programs, projects, or activities not affected 

14 by the failure to comply; or 

15 (4) refer the matter to the Attorney General 

16 with a recommendation that the Attorney General 

17 bring an appropriate civil action. 

18 (b) ACTION BY THE ATTORNEY GENERAL.—After a 

19 referral by the Secretary under subsection (a)(4), the At20 torney General may bring a civil action in United States 

21 district court for appropriate relief (including mandatory 

22 relief, injunctive relief, and recovery of the amount of the 

23 assistance provided under this Act that was not expended 

24 in accordance with this Act). 
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1 SEC. 9. REPORTING REQUIREMENTS. 

2 (a) ANNUAL REPORT TO CONGRESS.—Not later than 

3 180 days after the end of each fiscal year in which assist4 ance under this Act is provided, the Secretary shall submit 

5 to Congress a report that includes— 

6 (1) a description of the progress made in ac7 complishing the objectives of this Act; 

8 (2) a summary of the use of funds under this 

9 Act during the preceding fiscal year; and 

10 (3) an evaluation of the status of telephone, 

11 Internet, and personal computer penetration rates, 

12 by type of technology, among Indian households 

13 throughout Indian country on a tribe-by-tribe basis. 

14 (b) REPORTS TO SECRETARY.—The Secretary may 

15 require grant recipients under this Act to submit reports 

16 and other information necessary for the Secretary to pre17 pare the report under subsection (a). 

18 SEC. 10. CONSULTATION. 

19 In carrying out this Act, the Secretary shall consult 

20 with other Federal agencies administering Federal grant 

21 programs. 

22 SEC. 11. HISTORIC PRESERVATION REQUIREMENTS. 

23 A telecommunications project funded under this Act 

24 shall comply with the National Historic Preservation Act 

25 (16 U.S.C. 470 et seq.). 
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1 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated to carry out this Act— 

4 (1) $20,000,000 for fiscal year 2005; and 

5 (2) such sums as are necessary for each subse6 quent fiscal year. 

7 (b) AVAILABILITY.—Funds made available under 

8 subsection (a) shall remain available until expended.

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