Sec. 535. E-rate
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Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ) is amended— in subsection (h)(4), by inserting , except as provided in subsection (m), before is a library or library consortium ; and by adding at the end the following: In this subsection— the term E-rate program means the universal service program for schools and libraries authorized under subsection (h)(1)(B), the rules of which are set forth under subpart F of part 54 of title 47, Code of Federal Regulations (or any successor regulation), as authorized under subsection (h)(2)(A); the term E-rate support means universal service discounts on eligible services in accordance with subpart F of part 54 of title 47, Code of Federal Regulations (or any successor regulation), as authorized under subsection (h)(2)(A); the term Indian tribe has the meaning given the term in section 5 of the Honoring Promises to Native Nations Act ; and the term qualifying anchor institution means a facility owned by an Indian tribe, including a Tribal Government building, chapter house, longhouse, community center, senior center, or other similar public building.
An Indian tribe that is eligible for support under section 261 of the Library Services and Technology Act ( 20 U.S.C. 9161 ) may designate a Tribal library or Tribal library consortium as a library or consortium that is eligible for E-rate support, without regard to whether the library or library consortium is eligible for assistance from a State Library Administrative Agency under the Library Services and Technology Act ( 20 U.S.C. 9121 et seq. ), if the library or library consortium is eligible for support from an Indian tribe under such section 261.
Nothing in clause
(i)shall be construed to exempt a Tribal library from any requirement under the E-rate program not described in that clause, including the other requirements relating to eligible recipients under section 54.501 of title 47, Code of Federal Regulations (or any successor regulation). The Commission, in consultation with the Institute of Museum and Library Services and any other agency with relevant responsibilities, shall establish a program to be known as the Tribal Anchor Institution Program , under which the Commission shall provide E-rate support to Indian tribes for qualifying anchor institutions designated by the Indian tribes. To be eligible to obtain E-rate support under this subparagraph, a Tribal Government may not have a Tribal library eligible for the E-rate program within the Tribal community. E-rate support obtained under this subparagraph shall only be available for an Indian tribe if— the proposed qualifying anchor institution is exclusively owned by the Indian tribe; and the proposed qualifying anchor institution intends to deliver publicly available internet access to students, teachers, librarians, and members of the community for educational purposes. Nothing in this clause shall be construed to provide the Commission with the authority to modify the eligibility requirements described in this clause. Of the amount made available for the E-rate program in any fiscal year beginning after the date of enactment of this subsection, 5 percent shall be used for E-rate support for Tribal elementary and secondary schools (as defined in subsection (h)(7)), Tribal libraries and Tribal library consortia, and qualifying anchor institutions. .
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