II 

Calendar No. 691 

108TH CONGRESS 

2D SESSION S. 2382 

[Report No. 108–335] 

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 (for himself, Mr. CAMPBELL, Mrs. MURRAY, and Mr. DASCHLE) 

introduced the following bill; which was read twice and referred to the 

Committee on Indian Affairs 

SEPTEMBER 7, 2004 

Reported by Mr. CAMPBELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 
2 

•S 2382 RS 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1)(A) disparities exist in the areas of edu4 cation, health care, workforce training, commerce, 

5 and economic activity of Indians due to the rural na6 ture of most Indian reservations; and 

7 (B) access to basic and advanced telecommuni8 cations infrastructure is critical in eliminating those 

9 disparities; 

10 (2) currently, only 67.9 percent of Indian 

11 homes have telephone service, compared with the na12 tional average of 95.1 percent; 

13 (3) the telephone service penetration rate on 

14 some reservations is as low as 39 percent; 

15 (4) even on reservations and trust land, non-In16 dian homes are more likely to have telephone service 

17 than Indian homes; 

18 (5) only 10 percent of Indian households on 

19 tribal land have Internet access; 

20 (6) only 17 percent of Indian tribes have devel21 oped comprehensive technology plans; 

22 (7) training and technical assistance have been 

23 identified as the most significant needs for the devel24 opment and effective use of telecommunications and 

25 information technology in Indian country; 
3 

•S 2382 RS 

1 (8) funding for telecommunications and infor2 mation technology projects in Indian country re3 mains inadequate to address the needs of Indian 

4 communities; 

5 (9) many Indian tribes are located on or adja6 cent to Indian land in which unemployment rates ex7 ceed 50 percent; 

8 (10) the lack of telecommunications infrastruc9 ture and low telephone and Internet penetration 

10 rates adversely affects the ability of Indian tribes to 

11 pursue economic development opportunities; and 

12 (11) health care, disease prevention education, 

13 and cultural preservation are greatly enhanced with 

14 access to and use of telecommunications technology 

15 and electronic information. 

16 SEC. 3. PURPOSES. 

17 The purposes of this Act are— 

18 (1) to promote affordable and universal access 

19 among Indian tribal governments, tribal entities, and 

20 Indian households to telecommunications and infor21 mation technology in Indian country; 

22 (2) to encourage and promote tribal economic 

23 development, self-sufficiency, and strong tribal gov24 ernments; 
4 

•S 2382 RS 

1 (3) to enhance the health of Indian tribal mem2 bers through the availability and use of telemedicine 

3 and telehealth; and 

4 (4) to assist in the retention and preservation 

5 of native languages and cultural traditions. 

6 SEC. 4. DEFINITIONS. 

7 In this Act: 

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

9 means a grant provided under section 5. 

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

11 activity’’ means an activity carried out— 

12 (A) to acquire or lease real property (in13 cluding licensed spectrum, water rights, dark 

14 fiber, exchanges, and other related interests) to 

15 provide telecommunications services, facilities, 

16 and improvements; 

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

18 install telecommunications facilities, sites, or 

19 improvements (including design features), or 

20 utilities; 

21 (C) to retain any real property acquired 

22 under this Act for tribal communications pur23 poses; 
5 

•S 2382 RS 

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

2 by a Federal grant program undertaken as part 

3 of activities funded under this Act; 

4 (E) to carry out activities necessary— 

5 (i) to develop a comprehensive tele6 communications development plan; and 

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

8 management capacity so that an eligible 

9 entity may more rationally and effec10 tively— 

11 (I) determine the needs of the 

12 entity; 

13 (II) set long term and short term 

14 goals; 

15 (III) devise programs and activi16 ties to meet the goals of the entity, in17 cluding, if appropriate, telehealth; 

18 (IV) evaluate the progress of the 

19 programs and activities in meeting the 

20 goals; and 

21 (V) carry out management, co22 ordination, and monitoring of activi23 ties necessary for effective planning 

24 implementation; 
6 

•S 2382 RS 

1 (F) to pay reasonable administrative costs 

2 and carrying charges relating to the planning 

3 and execution of telecommunications develop4 ment activities, including the provision of infor5 mation and resources about the planning and 

6 execution of the activities to residents of areas 

7 in which telecommunications development ac8 tivities are to be concentrated; 

9 (G) to increase the capacity of an eligible 

10 entity to carry out telecommunications activi11 ties; 

12 (H) to provide assistance to institutions of 

13 higher education that have a demonstrated ca14 pacity to carry out eligible activities; 

15 (I) to enable an eligible entity to facilitate 

16 telecommunications development by— 

17 (i) providing technical assistance, ad18 vice, and business support services (includ19 ing services for developing business plans, 

20 securing funding, and conducting mar21 keting); and 

22 (ii) providing general support (includ23 ing peer support programs and mentoring 

24 programs) to Indian tribes in developing 

25 telecommunications projects; 
7 

•S 2382 RS 

1 (J) to evaluate eligible activities to ascer2 tain and promote effective telecommunications 

3 and information technology deployment prac4 tices and usages among Indian tribes; or 

5 (K) to provide research, analysis, data col6 lection, data organization, and dissemination of 

7 information relevant to telecommunications and 

8 information technology in Indian country for 

9 the purpose of promoting effective telecommuni10 cations and information technology deployment 

11 practices and usages among tribes. 

12 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti13 ty’’ means— 

14 (A) an Indian tribe; 

15 (B) an Indian organization; 

16 (C) a tribal college or university; 

17 (D) an intertribal organization; or 

18 (E) a private or public institution of higher 

19 education acting jointly with an Indian tribe. 

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

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

22 Indian Self-Determination and Education Assistance 

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

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

25 the Secretary of Commerce. 
8 

•S 2382 RS 

1 (6) TECHNICAL ASSISTANCE.—The term ‘‘tech2 nical assistance’’ means the facilitation of skills and 

3 knowledge in planning, developing, assessing, and 

4 administering eligible activities. 

5 (7) TRAINING AND TECHNICAL ASSISTANCE

6 GRANT.—The term ‘‘training and technical assist7 ance grant’’ means a grant provided under section 

8 6. 

9 (8) TRIBAL COLLEGE OR UNIVERSITY.—The 

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

11 given the term ‘‘tribally controlled college or univer12 sity’’ in section 2 of the Tribally Controlled Commu13 nity College Assistance Act of 1978 (25 U.S.C. 

14 1801), except that the term also includes an institu15 tion listed in the Equity in Educational Land-Grant 

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

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

18 means the use of electronic information and tele19 communications technologies to support long-dis20 tance clinical health care, patient and professional 

21 health-related education, public health, and health 

22 administration. 

23 SEC. 5. BLOCK GRANT PROGRAM. 

24 (a) ESTABLISHMENT.—There is established within 

25 the National Telecommunications and Information Ad-
9 

•S 2382 RS 

1 ministration a Native American telecommunications block 

2 grant program to provide grants on a competitive basis 

3 to eligible entities to carry out eligible activities under sub4 section (c). 

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

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

7 application to the Secretary for approval. 

8 (c) ELIGIBLE ACTIVITIES.—A grant under this sec9 tion may only be used for an eligible activity. 

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

11 the date of enactment of this Act, the Secretary shall pro12 mulgate regulations establishing specific criteria for the 

13 competition conducted to select eligible entities to receive 

14 grants under this section for each fiscal year. 

15 SEC. 6. TRAINING AND TECHNICAL ASSISTANCE GRANTS. 

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

17 (1) shall provide notice of the availability of 

18 training and technical assistance grants; and 

19 (2) publish criteria for selecting recipients. 

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

21 and technical assistance grants to eligible entities with a 

22 demonstrated capacity to carry out eligible activities. 

23 (c) USE OF FUNDS.—A training and technical assist24 ance grant shall be used— 
10 

•S 2382 RS 

1 (1) to develop a training program for tele2 communications employees; or 

3 (2) to provide assistance to students who— 

4 (A) participate in telecommunications or 

5 information technology work study programs; 

6 and 

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

8 undergraduate program in telecommunications9 related education, development, planning, or 

10 management. 

11 (d) SETASIDE.— 

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

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

14 made available under section 12 for training and 

15 technical assistance grants, to remain available until 

16 expended. 

17 (2) TREATMENT.—A training and technical as18 sistance grant to an entity shall be in addition to 

19 any block grant provided to the entity. 

20 (e) PROVISION OF TECHNICAL ASSISTANCE BY THE

21 SECRETARY.—The Secretary may provide technical assist22 ance, directly or through contracts, to— 

23 (1) tribal governments; and 

24 (2) persons or entities that assist tribal govern25 ments. 
11 

•S 2382 RS 

1 SEC. 7. COMPLIANCE. 

2 (a) AUDIT BY THE COMPTROLLER GENERAL.— 

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

4 the United States may audit any financial trans5 action involving grant funds that is carried out by 

6 a block grant recipient or training and technical as7 sistance grant recipient. 

8 (2) SCOPE OF AUTHORITY.—In conducting an 

9 audit under paragraph (1), the Comptroller General 

10 shall have access to all books, accounts, records, re11 ports, files, and other papers, things, or property be12 longing to or in use by the grant recipient that re13 late to the financial transaction and are necessary to 

14 facilitate the audit. 

15 (3) REGULATIONS.—The Comptroller General 

16 shall promulgate regulations to carry out this sub17 section. 

18 (b) ENVIRONMENTAL PROTECTION.— 

19 (1) IN GENERAL.—After consultation with In20 dian tribes, the Secretary may promulgate regula21 tions to carry out this subsection that— 

22 (A) ensure that the policies of the National 

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

24 4321 et seq.), and other laws that further the 

25 purposes of that Act (as specified by the regula26 tions), are most effectively implemented in con-
12 

•S 2382 RS 

1 nection with the expenditure of funds under 

2 this Act; and 

3 (B) assure the public of undiminished pro4 tection of the environment. 

5 (2) SUBSTITUTE MEASURES.—Subject to para6 graph (3), the Secretary may provide for the release 

7 of funds under this Act for eligible activities to grant 

8 recipients that assume all of the responsibilities for 

9 environmental review, decisionmaking, and related 

10 action under the National Environmental Policy Act 

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

12 that further the purposes of that Act (as specified 

13 by the regulations promulgated under paragraph 

14 (1)), that would apply to the Secretary if the Sec15 retary carried out the eligible activities as Federal 

16 projects. 

17 (3) RELEASE.— 

18 (A) IN GENERAL.—The Secretary shall ap19 prove the release of funds under paragraph (2) 

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

21 grant recipient submits to the Secretary a re22 quest for release accompanied by a certification 

23 that meets the requirements of paragraph (4). 

24 (B) APPROVAL.—The approval by the Sec25 retary of a certification shall be deemed to sat-
13 

•S 2382 RS 

1 isfy the responsibilities of the Secretary under 

2 the National Environmental Policy Act of 1969 

3 (42 U.S.C. 4321 et seq.) and the laws specified 

4 by the regulations promulgated under para5 graph (1), to the extent that those responsibil6 ities relate to the release of funds for projects 

7 described in the certification. 

8 (4) CERTIFICATION.—A certification shall— 

9 (A) be in a form acceptable to the Sec10 retary; 

11 (B) be executed by the tribal government; 

12 (C) specify that the grant recipient has 

13 fully assumed the responsibilities described in 

14 paragraph (2); and 

15 (D) specify that the tribal officer— 

16 (i) assumes the status of a responsible 

17 Federal official under the National Envi18 ronmental Policy Act of 1969 (42 U.S.C. 

19 4321 et seq.) and each law specified by the 

20 regulations promulgated under paragraph 

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

22 that Act or law apply; and 

23 (ii) is authorized to consent, and con24 sents, on behalf of the grant recipient and 

25 on behalf of the tribal officer to accept the 
14 

•S 2382 RS 

1 jurisdiction of the Federal courts for en2 forcement of the responsibilities of the 

3 tribal officer as a responsible Federal offi4 cial. 

5 SEC. 8. REMEDIES FOR NONCOMPLIANCE. 

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

7 the record after opportunity for an agency hearing, that 

8 a block grant recipient or training and technical assistance 

9 grant recipient has failed to comply substantially with any 

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

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

12 (1) terminate payments to the grant recipient; 

13 (2) reduce payments to the grant recipient by 

14 an amount equal to the amount of payments that 

15 were not expended in accordance with this Act; 

16 (3) limit the availability of payments under this 

17 Act to programs, projects, or activities not affected 

18 by the failure to comply; or 

19 (4) refer the matter to the Attorney General 

20 with a recommendation that the Attorney General 

21 bring an appropriate civil action. 

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

23 referral by the Secretary under subsection (a)(4), the At24 torney General may bring a civil action in United States 

25 district court for appropriate relief (including mandatory 
15 

•S 2382 RS 

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

2 assistance provided under this Act that was not expended 

3 in accordance with this Act). 

4 SEC. 9. REPORTING REQUIREMENTS. 

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

6 180 days after the end of each fiscal year in which assist7 ance under this Act is provided, the Secretary shall submit 

8 to Congress a report that includes— 

9 (1) a description of the progress made in ac10 complishing the objectives of this Act; 

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

12 Act during the preceding fiscal year; and 

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

14 Internet, and personal computer penetration rates, 

15 by type of technology, among Indian households 

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

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

18 require grant recipients under this Act to submit reports 

19 and other information necessary for the Secretary to pre20 pare the report under subsection (a). 

21 SEC. 10. CONSULTATION. 

22 In carrying out this Act, the Secretary shall consult 

23 with other Federal agencies administering Federal grant 

24 programs. 
16 

•S 2382 RS 

1 SEC. 11. HISTORIC PRESERVATION REQUIREMENTS. 

2 A telecommunications project funded under this Act 

3 shall comply with the National Historic Preservation Act 

4 (16 U.S.C. 470 et seq.). 

5 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There are authorized to be appro7 priated to carry out this Act— 

8 (1) $20,000,000 for fiscal year 2005; and 

9 (2) such sums as are necessary for each subse10 quent fiscal year. 

11 (b) AVAILABILITY.—Funds made available under 

12 subsection (a) shall remain available until expended. 

13 SECTION 1. SHORT TITLE. 

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

15 Connectivity Act’’. 

16 SEC. 2. FINDINGS. 

17 Congress finds that— 

18 (1)(A) disparities exist in the areas of education, 

19 health care, workforce training, commerce, and eco20 nomic activity of Indians due to the rural nature of 

21 most Indian reservations; and 

22 (B) access to basic and advanced telecommuni23 cations infrastructure is critical in eliminating those 

24 disparities; 
17 

•S 2382 RS 

1 (2) currently, only 67.9 percent of Indian homes 

2 have telephone service, compared with the national 

3 average of 95.1 percent; 

4 (3) the telephone service penetration rate on 

5 some reservations is as low as 39 percent; 

6 (4) even on reservations and trust land, non-In7 dian homes are more likely to have telephone service 

8 than Indian homes; 

9 (5) only 10 percent of Indian households on trib10 al land have Internet access; 

11 (6) only 17 percent of Indian tribes have devel12 oped comprehensive technology plans; 

13 (7) training and technical assistance have been 

14 identified as the most significant needs for the devel15 opment and effective use of telecommunications and 

16 information technology in Indian country; 

17 (8) funding for telecommunications and informa18 tion technology projects in Indian country remains 

19 inadequate to address the needs of Indian commu20 nities; 

21 (9) many Indian tribes are located on or adja22 cent to Indian land in which unemployment rates ex23 ceed 50 percent; 

24 (10) the lack of telecommunications infrastruc25 ture and low telephone and Internet penetration rates 
18 

•S 2382 RS 

1 adversely affects the ability of Indian tribes to pursue 

2 economic development opportunities; and 

3 (11) primary, secondary, and postsecondary edu4 cation, job training, health care, disease prevention 

5 education, and cultural preservation are greatly en6 hanced with access to and use of telecommunications 

7 technology and electronic information. 

8 SEC. 3. PURPOSES. 

9 The purposes of this Act are— 

10 (1) to promote affordable and universal access 

11 among Indian tribal governments, tribal entities, res12 ervation-based schools, tribal colleges and universities, 

13 and Indian households to telecommunications and in14 formation technology in Indian country; 

15 (2) to encourage and promote tribal economic de16 velopment, self-sufficiency, and strong tribal govern17 ments; 

18 (3) to enhance the health of Indian tribal mem19 bers through the availability and use of telemedicine 

20 and telehealth; 

21 (4) to improve the quality of kindergarten, pri22 mary, secondary, postsecondary, and job-related 

23 training, through enhanced and sustained informa24 tion technology infrastructure; and 
19 

•S 2382 RS 

1 (5) to assist in the retention and preservation of 

2 native languages and cultural traditions. 

3 SEC. 4. DEFINITIONS. 

4 In this Act: 

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

6 means a grant provided under section 5. 

7 (2) ELIGIBLE ACTIVITY.—The term ‘‘eligible ac8 tivity’’ means an activity carried out— 

9 (A) to acquire or lease real property (in10 cluding licensed spectrum, water rights, dark 

11 fiber, exchanges, and other related interests) to 

12 provide telecommunications services, facilities, 

13 and improvements; 

14 (B) to acquire, construct, reconstruct, or in15 stall telecommunications facilities, sites, or im16 provements (including design features), or utili17 ties; 

18 (C) to retain any real property acquired 

19 under this Act for tribal communications pur20 poses; 

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

22 by a Federal grant program undertaken as part 

23 of activities funded under this Act; 

24 (E) to carry out activities necessary— 
20 

•S 2382 RS 

1 (i) to develop a comprehensive tele2 communications development plan; and 

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

4 management capacity so that an eligible en5 tity may more rationally and effectively— 

6 (I) determine the needs of the en7 tity; 

8 (II) set long term and short term 

9 goals; 

10 (III) devise programs and activi11 ties to meet the goals of the entity, in12 cluding, if appropriate, telehealth; 

13 (IV) evaluate the progress of the 

14 programs and activities in meeting the 

15 goals; and 

16 (V) carry out management, co17 ordination, and monitoring of activi18 ties necessary for effective planning 

19 implementation; 

20 (F) to pay reasonable administrative costs 

21 and carrying charges relating to the planning 

22 and execution of telecommunications develop23 ment activities, including the provision of infor24 mation and resources about the planning and 

25 execution of the activities to residents of areas in 
21 

•S 2382 RS 

1 which telecommunications development activities 

2 are to be concentrated; 

3 (G) to increase the capacity of an eligible 

4 entity to carry out telecommunications activities, 

5 including the development of telecommunications 

6 regulations and related regulatory matters; 

7 (H) to provide assistance to institutions of 

8 higher education (including tribal colleges and 

9 universities) that have a demonstrated capacity 

10 to carry out eligible activities; 

11 (I) to enable an eligible entity to facilitate 

12 telecommunications development by— 

13 (i) providing technical assistance, ad14 vice, and business support services (includ15 ing services for developing business plans, 

16 securing funding, and conducting mar17 keting); and 

18 (ii) providing general support (includ19 ing peer support programs and mentoring 

20 programs) to Indian tribes in developing 

21 telecommunications projects; 

22 (J) to evaluate eligible activities to ascer23 tain and promote effective telecommunications 

24 and information technology deployment practices 

25 and usages among Indian tribes; or 
22 

•S 2382 RS 

1 (K) to provide research, analysis, data col2 lection, data organization, and dissemination of 

3 information relevant to telecommunications and 

4 information technology in Indian country for the 

5 purpose of promoting effective telecommuni6 cations and information technology deployment 

7 practices and usages among tribes. 

8 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means— 

10 (A) an Indian tribe or consortium of In11 dian tribes; 

12 (B) a tribally chartered organization; or 

13 (C) an Indian organization, intertribal or14 ganization, tribal college or university, or a pri15 vate or public institution of higher education 

16 acting under an agreement with an Indian tribe. 

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

18 the meaning given the term in section 4 of the Indian 

19 Self-Determination and Education Assistance Act (25 

20 U.S.C. 450b). 

21 (5) INFORMATION TECHNOLOGY.— 

22 (A) IN GENERAL.—The term ‘‘information 

23 technology’’ means any equipment or inter24 connected system or subsystem of equipment that 

25 is used in the automatic acquisition, storage, 
23 

•S 2382 RS 

1 analysis, evaluation, manipulation, manage2 ment, movement, control, display, switching, 

3 interchange, transmission, or reception of data 

4 or information. 

5 (B) INCLUSIONS.—The term ‘‘information 

6 technology’’ includes computers, ancillary equip7 ment (including imaging peripherals, input, out8 put, and storage devices necessary for security 

9 and surveillance), peripheral equipment designed 

10 to be controlled by the central processing unit of 

11 a computer, software, firmware and similar pro12 cedures, services (including support services), 

13 and related resources. 

14 (6) PLANNING.—The term ‘‘planning’’ means 

15 community-based planning developed in consultation 

16 with the local community based on the needs of the 

17 local community. 

18 (7) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Commerce. 

20 (8) TECHNICAL ASSISTANCE.—The term ‘‘tech21 nical assistance’’ means the facilitation of skills and 

22 knowledge in planning, developing, assessing, and ad23 ministering eligible activities. 
24 

•S 2382 RS 

1 (9) TRAINING AND TECHNICAL ASSISTANCE

2 GRANT.—The term ‘‘training and technical assistance 

3 grant’’ means a grant provided under section 6. 

4 (10) TRIBAL COLLEGE OR UNIVERSITY.—The 

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

6 given the term ‘‘tribally controlled college or univer7 sity’’ in section 2 of the Tribally Controlled Commu8 nity College Assistance Act of 1978 (25 U.S.C. 1801), 

9 except that the term also includes an institution listed 

10 in the Equity in Educational Land-Grant Status Act 

11 of 1994 (7 U.S.C. 301 note). 

12 (11) TELEHEALTH.—The term ‘‘telehealth’’ 

13 means the use of electronic information and tele14 communications technologies to support long-distance 

15 clinical health care, patient and professional health16 related education, public health, and health adminis17 tration. 

18 SEC. 5. BLOCK GRANT PROGRAM. 

19 (a) ESTABLISHMENT.—There is established within the 

20 National Telecommunications and Information Adminis21 tration a Native American telecommunications block grant 

22 program to provide grants on a competitive basis to eligible 

23 entities to carry out eligible activities under subsection (c). 
25 

•S 2382 RS 

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

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

3 application to the Secretary for approval. 

4 (c) ELIGIBLE ACTIVITIES.—A grant under this section 

5 may only be used for an eligible activity. 

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

7 date of enactment of this Act, the Secretary shall promul8 gate regulations establishing specific criteria for the com9 petition conducted to select eligible entities to receive grants 

10 under this section for each fiscal year. 

11 SEC. 6. TRAINING AND TECHNICAL ASSISTANCE GRANTS. 

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

13 (1) shall provide notice of the availability of 

14 training and technical assistance grants; and 

15 (2) publish criteria for selecting recipients. 

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

17 and technical assistance grants to eligible entities with a 

18 demonstrated capacity to carry out eligible activities. 

19 (c) USE OF FUNDS.—A training and technical assist20 ance grant shall be used— 

21 (1) to develop a training program to facilitate 

22 local use and maintenance of new telecommunications 

23 technologies; 

24 (2) to develop and implement— 
26 

•S 2382 RS 

1 (A) telecommunications and information 

2 technology work study programs; and 

3 (B) postsecondary telecommunications and 

4 information technology-related education, devel5 opment, planning, and management programs; 

6 (3) to develop a training program for tele7 communications employees; or 

8 (4) to provide assistance to students who— 

9 (A) participate in telecommunications or 

10 information technology work study programs; 

11 and 

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

13 undergraduate program in telecommunications14 related education, development, planning, or 

15 management. 

16 (d) SETASIDE.— 

17 (1) IN GENERAL.—For each fiscal year, the Sec18 retary shall set aside 10 percent of the amount made 

19 available under section 12 for training and technical 

20 assistance grants, to remain available until expended. 

21 (2) TREATMENT.—A training and technical as22 sistance grant to an entity shall be in addition to any 

23 block grant provided to the entity. 
27 

•S 2382 RS 

1 (e) PROVISION OF TECHNICAL ASSISTANCE BY THE

2 SECRETARY.—The Secretary may provide technical assist3 ance, directly or through contracts, to— 

4 (1) eligible entities; and 

5 (2) persons or entities that assist tribal govern6 ments. 

7 SEC. 7. COMPLIANCE. 

8 (a) AUDIT BY THE COMPTROLLER GENERAL.— 

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

10 the United States may audit any financial trans11 action involving grant funds that is carried out by a 

12 block grant recipient or training and technical assist13 ance grant recipient. 

14 (2) SCOPE OF AUTHORITY.—In conducting an 

15 audit under paragraph (1), the Comptroller General 

16 shall have access to all books, accounts, records, re17 ports, files, and other papers, things, or property be18 longing to or in use by the grant recipient that relate 

19 to the financial transaction and are necessary to fa20 cilitate the audit. 

21 (b) ENVIRONMENTAL PROTECTION.— 

22 (1) IN GENERAL.—After consultation with In23 dian tribes, the Secretary may promulgate regulations 

24 to carry out this subsection that— 
28 

•S 2382 RS 

1 (A) ensure that the policies of the National 

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

3 4321 et seq.), and other laws that further the 

4 purposes of that Act (as specified by the regula5 tions), are most effectively implemented in con6 nection with the expenditure of funds under this 

7 Act; and 

8 (B) assure the public of undiminished pro9 tection of the environment. 

10 (2) SUBSTITUTE MEASURES.—Subject to para11 graph (3), the Secretary may provide for the release 

12 of funds under this Act for eligible activities to grant 

13 recipients that assume all of the responsibilities for 

14 environmental review, decisionmaking, and related 

15 action under the National Environmental Policy Act 

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

17 further the purposes of that Act (as specified by the 

18 regulations promulgated under paragraph (1)), that 

19 would apply to the Secretary if the Secretary carried 

20 out the eligible activities as Federal projects. 

21 (3) RELEASE.— 

22 (A) IN GENERAL.—The Secretary shall ap23 prove the release of funds under paragraph (2) 

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

25 grant recipient submits to the Secretary a re-
29 

•S 2382 RS 

1 quest for release accompanied by a certification 

2 that meets the requirements of paragraph (4). 

3 (B) APPROVAL.—The approval by the Sec4 retary of a certification shall be deemed to sat5 isfy the responsibilities of the Secretary under 

6 the National Environmental Policy Act of 1969 

7 (42 U.S.C. 4321 et seq.) and the laws specified 

8 by the regulations promulgated under paragraph 

9 (1), to the extent that those responsibilities relate 

10 to the release of funds for projects described in 

11 the certification. 

12 (4) CERTIFICATION.—A certification shall— 

13 (A) be in a form acceptable to the Secretary; 

14 (B) be executed by the tribal government; 

15 (C) specify that the grant recipient has 

16 fully assumed the responsibilities described in 

17 paragraph (2); and 

18 (D) specify that the tribal officer— 

19 (i) assumes the status of a responsible 

20 Federal official under the National Envi21 ronmental Policy Act of 1969 (42 U.S.C. 

22 4321 et seq.) and each law specified by the 

23 regulations promulgated under paragraph 

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

25 Act or law apply; and 
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1 (ii) is authorized to consent, and con2 sents, on behalf of the grant recipient and 

3 on behalf of the tribal officer to accept the 

4 jurisdiction of the Federal courts for en5 forcement of the responsibilities of the tribal 

6 officer as a responsible Federal official. 

7 SEC. 8. REMEDIES FOR NONCOMPLIANCE. 

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

9 the record after opportunity for an agency hearing, that 

10 a block grant recipient or training and technical assistance 

11 grant recipient has failed to comply substantially with any 

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

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

14 (1) terminate payments to the grant recipient; 

15 (2) reduce payments to the grant recipient by an 

16 amount equal to the amount of payments that were 

17 not expended in accordance with this Act; 

18 (3) limit the availability of payments under this 

19 Act to programs, projects, or activities not affected by 

20 the failure to comply; or 

21 (4) refer the matter to the Attorney General with 

22 a recommendation that the Attorney General bring an 

23 appropriate civil action. 

24 (b) ACTION BY THE ATTORNEY GENERAL.—After a re25 ferral by the Secretary under subsection (a)(4), the Attorney 
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1 General may bring a civil action in United States district 

2 court for appropriate relief (including mandatory relief, in3 junctive relief, and recovery of the amount of the assistance 

4 provided under this Act that was not expended in accord5 ance with this Act). 

6 SEC. 9. REPORTING REQUIREMENTS. 

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

8 180 days after the end of each fiscal year in which assist9 ance under this Act is provided, the Secretary shall submit 

10 to Congress a report that includes— 

11 (1) a description of the progress made in accom12 plishing the objectives of this Act; 

13 (2) a summary of the use of funds under this Act 

14 during the preceding fiscal year; and 

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

16 Internet, and personal computer penetration rates, by 

17 type of technology, among Indian households through18 out Indian country on a tribe-by-tribe basis. 

19 (b) REPORTS TO SECRETARY.—The Secretary may re20 quire grant recipients under this Act to submit reports and 

21 other information necessary for the Secretary to prepare the 

22 report under subsection (a). 

23 SEC. 10. CONSULTATION. 

24 In carrying out this Act, the Secretary shall consult 

25 with— 
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•S 2382 RS 

1 (1) other Federal agencies administering Federal 

2 grant programs relating to the development of tele3 communications capacities or infrastructure; and 

4 (2) the Government Accountability Office and 

5 Indian tribes to determine the proportion of grant 

6 funds necessary to address training and technical as7 sistance and eligible activity needs. 

8 SEC. 11. HISTORIC PRESERVATION REQUIREMENTS. 

9 A telecommunications project funded under this Act 

10 shall comply with the National Historic Preservation Act 

11 (16 U.S.C. 470 et seq.) and the Native American Graves 

12 Protection and Repatriation Act (25 U.S.C. 3001 et seq.). 

13 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) IN GENERAL.—There are authorized to be appro15 priated to carry out this Act— 

16 (1) $20,000,000 for fiscal year 2005; and 

17 (2) such sums as are necessary for each subse18 quent fiscal year. 

19 (b) AVAILABILITY.—Funds made available under sub20 section (a) shall remain available until expended. 

Calendar No. 691 

108TH CONGRESS 

2D SESSION S. 2382 

[Report No. 108–335] 

A BILL 

To establish grant programs for the development of 

telecommunications capacities in Indian country. 

SEPTEMBER 7, 2004 

Reported with an amendment