[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2382 Reported in Senate (RS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Native American
Connectivity Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) access to basic and advanced
telecommunications infrastructure is critical in eliminating
those disparities;</DELETED>
<DELETED> (2) currently, only 67.9 percent of Indian homes
have telephone service, compared with the national average of
95.1 percent;</DELETED>
<DELETED> (3) the telephone service penetration rate on some
reservations is as low as 39 percent;</DELETED>
<DELETED> (4) even on reservations and trust land, non-
Indian homes are more likely to have telephone service than
Indian homes;</DELETED>
<DELETED> (5) only 10 percent of Indian households on tribal
land have Internet access;</DELETED>
<DELETED> (6) only 17 percent of Indian tribes have
developed comprehensive technology plans;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (8) funding for telecommunications and information
technology projects in Indian country remains inadequate to
address the needs of Indian communities;</DELETED>
<DELETED> (9) many Indian tribes are located on or adjacent
to Indian land in which unemployment rates exceed 50
percent;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (11) health care, disease prevention education,
and cultural preservation are greatly enhanced with access to
and use of telecommunications technology and electronic
information.</DELETED>
<DELETED>SEC. 3. PURPOSES.</DELETED>
<DELETED> The purposes of this Act are--</DELETED>
<DELETED> (1) to promote affordable and universal access
among Indian tribal governments, tribal entities, and Indian
households to telecommunications and information technology in
Indian country;</DELETED>
<DELETED> (2) to encourage and promote tribal economic
development, self-sufficiency, and strong tribal
governments;</DELETED>
<DELETED> (3) to enhance the health of Indian tribal members
through the availability and use of telemedicine and
telehealth; and</DELETED>
<DELETED> (4) to assist in the retention and preservation of
native languages and cultural traditions.</DELETED>
<DELETED>SEC. 4. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Block grant.--The term ``block grant'' means a
grant provided under section 5.</DELETED>
<DELETED> (2) Eligible activity.--The term ``eligible
activity'' means an activity carried out--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) to acquire, construct, reconstruct, or
install telecommunications facilities, sites, or
improvements (including design features), or
utilities;</DELETED>
<DELETED> (C) to retain any real property acquired
under this Act for tribal communications
purposes;</DELETED>
<DELETED> (D) to pay the non-Federal share required
by a Federal grant program undertaken as part of
activities funded under this Act;</DELETED>
<DELETED> (E) to carry out activities necessary--
</DELETED>
<DELETED> (i) to develop a comprehensive
telecommunications development plan;
and</DELETED>
<DELETED> (ii) to develop a policy,
planning, and management capacity so that an
eligible entity may more rationally and
effectively--</DELETED>
<DELETED> (I) determine the needs of
the entity;</DELETED>
<DELETED> (II) set long term and
short term goals;</DELETED>
<DELETED> (III) devise programs and
activities to meet the goals of the
entity, including, if appropriate,
telehealth;</DELETED>
<DELETED> (IV) evaluate the progress
of the programs and activities in
meeting the goals; and</DELETED>
<DELETED> (V) carry out management,
coordination, and monitoring of
activities necessary for effective
planning implementation;</DELETED>
<DELETED> (F) to pay reasonable administrative costs
and carrying charges relating 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;</DELETED>
<DELETED> (G) to increase the capacity of an
eligible entity to carry out telecommunications
activities;</DELETED>
<DELETED> (H) to provide assistance to institutions
of higher education that have a demonstrated capacity
to carry out eligible activities;</DELETED>
<DELETED> (I) to enable an eligible entity to
facilitate telecommunications development by--
</DELETED>
<DELETED> (i) providing technical
assistance, advice, and business support
services (including services for developing
business plans, securing funding, and
conducting marketing); and</DELETED>
<DELETED> (ii) providing general support
(including peer support programs and mentoring
programs) to Indian tribes in developing
telecommunications projects;</DELETED>
<DELETED> (J) to evaluate eligible activities to
ascertain and promote effective telecommunications and
information technology deployment practices and usages
among Indian tribes; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Eligible entity.--The term ``eligible entity''
means--</DELETED>
<DELETED> (A) an Indian tribe;</DELETED>
<DELETED> (B) an Indian organization;</DELETED>
<DELETED> (C) a tribal college or
university;</DELETED>
<DELETED> (D) an intertribal organization;
or</DELETED>
<DELETED> (E) a private or public institution of
higher education acting jointly with an Indian
tribe.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (5) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.</DELETED>
<DELETED> (6) Technical assistance.--The term ``technical
assistance'' means the facilitation of skills and knowledge in
planning, developing, assessing, and administering eligible
activities.</DELETED>
<DELETED> (7) Training and technical assistance grant.--The
term ``training and technical assistance grant'' means a grant
provided under section 6.</DELETED>
<DELETED> (8) 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 also includes an
institution listed in the Equity in Educational Land-Grant
Status Act of 1994 (7 U.S.C. 301 note).</DELETED>
<DELETED> (9) 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.</DELETED>
<DELETED>SEC. 5. BLOCK GRANT PROGRAM.</DELETED>
<DELETED> (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 eligible activities
under subsection (c).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Eligible Activities.--A grant under this section may
only be used for an eligible activity.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. TRAINING AND TECHNICAL ASSISTANCE GRANTS.</DELETED>
<DELETED> (a) Notification and Criteria.--The Secretary--</DELETED>
<DELETED> (1) shall provide notice of the availability of
training and technical assistance grants; and</DELETED>
<DELETED> (2) publish criteria for selecting
recipients.</DELETED>
<DELETED> (b) Grants.--The Secretary may provide training and
technical assistance grants to eligible entities with a demonstrated
capacity to carry out eligible activities.</DELETED>
<DELETED> (c) Use of Funds.--A training and technical assistance
grant shall be used--</DELETED>
<DELETED> (1) to develop a training program for
telecommunications employees; or</DELETED>
<DELETED> (2) to provide assistance to students who--
</DELETED>
<DELETED> (A) participate in telecommunications or
information technology work study programs;
and</DELETED>
<DELETED> (B) are enrolled in a full-time graduate
or undergraduate program in telecommunications-related
education, development, planning, or
management.</DELETED>
<DELETED> (d) Setaside.--</DELETED>
<DELETED> (1) In general.--For each fiscal year, the
Secretary shall set aside $2,000,000 of the amount made
available under section 12 for training and technical
assistance grants, to remain available until
expended.</DELETED>
<DELETED> (2) Treatment.--A training and technical
assistance grant to an entity shall be in addition to any block
grant provided to the entity.</DELETED>
<DELETED> (e) Provision of Technical Assistance by the Secretary.--
The Secretary may provide technical assistance, directly or through
contracts, to--</DELETED>
<DELETED> (1) tribal governments; and</DELETED>
<DELETED> (2) persons or entities that assist tribal
governments.</DELETED>
<DELETED>SEC. 7. COMPLIANCE.</DELETED>
<DELETED> (a) Audit by the Comptroller General.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Regulations.--The Comptroller General shall
promulgate regulations to carry out this subsection.</DELETED>
<DELETED> (b) Environmental Protection.--</DELETED>
<DELETED> (1) In general.--After consultation with Indian
tribes, the Secretary may promulgate regulations to carry out
this subsection that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) assure the public of undiminished
protection of the environment.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Release.--</DELETED>
<DELETED> (A) In general.--The Secretary shall
approve the release of funds under paragraph (2) only
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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Certification.--A certification shall--
</DELETED>
<DELETED> (A) be in a form acceptable to the
Secretary;</DELETED>
<DELETED> (B) be executed by the tribal
government;</DELETED>
<DELETED> (C) specify that the grant recipient has
fully assumed the responsibilities described in
paragraph (2); and</DELETED>
<DELETED> (D) specify that the tribal officer--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 8. REMEDIES FOR NONCOMPLIANCE.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) terminate payments to the grant
recipient;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) limit the availability of payments under this
Act to programs, projects, or activities not affected by the
failure to comply; or</DELETED>
<DELETED> (4) refer the matter to the Attorney General with
a recommendation that the Attorney General bring an appropriate
civil action.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 9. REPORTING REQUIREMENTS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) a description of the progress made in
accomplishing the objectives of this Act;</DELETED>
<DELETED> (2) a summary of the use of funds under this Act
during the preceding fiscal year; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 10. CONSULTATION.</DELETED>
<DELETED> In carrying out this Act, the Secretary shall consult with
other Federal agencies administering Federal grant programs.</DELETED>
<DELETED>SEC. 11. HISTORIC PRESERVATION REQUIREMENTS.</DELETED>
<DELETED> A telecommunications project funded under this Act shall
comply with the National Historic Preservation Act (16 U.S.C. 470 et
seq.).</DELETED>
<DELETED>SEC. 12. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) In General.--There are authorized to be appropriated
to carry out this Act--</DELETED>
<DELETED> (1) $20,000,000 for fiscal year 2005;
and</DELETED>
<DELETED> (2) such sums as are necessary for each subsequent
fiscal year.</DELETED>
<DELETED> (b) Availability.--Funds made available under subsection
(a) shall remain available until expended.</DELETED>
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, or 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
may 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; and
(V) carry out management,
coordination, and monitoring of
activities necessary for effective
planning implementation;
(F) to pay reasonable administrative costs and
carrying charges relating 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 also 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 eligible 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) only 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 2005; 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.
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