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[109th Congress Public Law 136]
[From the U.S. Government Printing Office]

[DOCID: f:publ136.109]

[[Page 119 STAT. 2643]]

Public Law 109-136
109th Congress

                                 An Act

 
 To amend the Native American Housing Assistance and Self-Determination 
       Act of 1996 and other Acts to improve housing programs for 
             Indians. <<NOTE: Dec. 22, 2005 -  [H.R. 797]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Native American 
Housing Enhancement Act of 2005.>> 

SECTION 1. <<NOTE: 25 USC 4101 note.>> SHORT TITLE.

    This Act may be cited as the ``Native American Housing Enhancement 
Act of 2005''.

SEC. 2. <<NOTE: 25 USC 4101 note.>> FINDINGS.

    Congress finds that--
            (1) there exist--
                    (A) a unique relationship between the Government of 
                the United States and the governments of Indian tribes; 
                and
                    (B) a unique Federal trust responsibility to Indian 
                people;
            (2) Native Americans experience some of the worst housing 
        conditions in the country, with--
                    (A) 32.6 percent of Native homes being overcrowded;
                    (B) 33 percent lacking adequate solid waste 
                management systems;
                    (C) 8 percent lacking a safe indoor water supply; 
                and
                    (D) approximately 90,000 Native families who are 
                homeless or underhoused;
            (3) the poverty rate for Native Americans is twice that of 
        the rest of the population of the United States;
            (4) the population growth of Native Americans that began in 
        the latter part of the 20th century increased the need for 
        Federal housing services;
            (5)(A) under the requirements of the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et 
        seq.), members of Indian tribes are given preference for housing 
        programs;
            (B) a primary purpose of the Act is to allow Indian tribes 
        to leverage funds with other Federal and private funds;
            (C) the Department of Agriculture has been a significant 
        funding source for housing for Indian tribes;
            (D) to allow assistance provided under the Act and 
        assistance provided by the Secretary of Agriculture under other 
        law to be combined to meet the severe housing needs of Indian 
        tribes, the Housing Act of 1949 (42 U.S.C. 1471 et seq.) should 
        be amended to allow for the preference referred to in 
        subparagraph (A) by granting an exemption from title VI of the 
        Civil

[[Page 119 STAT. 2644]]

        Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of 
        the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.); and
            (E) federally recognized Indian tribes exercising powers of 
        self-government are governed by the Indian Civil Rights Act (25 
        U.S.C. 1301 et seq.); and
            (6) section 457 of the Cranston-Gonzales National Affordable 
        Housing Act (42 U.S.C. 12899f) should be amended to include 
        Indian tribes, tribally designated housing entities, or other 
        agencies that primarily serve Indians as eligible applicants for 
        YouthBuild grants.

SEC. 3. TREATMENT OF PROGRAM INCOME.

    Section 104(a)(2) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4114(a)(2)) is amended by 
inserting ``restrict access to or'' after ``not''.

SEC. 4. CIVIL RIGHTS COMPLIANCE.

    Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is 
amended by adding at the end the following:

``SEC. 544. <<NOTE: 42 USC 1490t.>> INDIAN TRIBES.

    ``Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) 
shall not apply to actions by federally recognized Indian tribes 
(including instrumentalities of such Indian tribes) under this Act.''.

SEC. 5. ELIGIBILITY OF INDIAN TRIBES FOR YOUTHBUILD GRANTS.

    Section 457(2) of the Cranston-Gonzales National Affordable Housing 
Act (42 U.S.C. 12899f(2)) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) an Indian tribe, tribally designated housing 
                entity (as defined in section 4 of the Native American 
                Housing Assistance and Self- Determination Act of 1996 
                (25 U.S.C. 4103)), or other agency primarily serving 
                Indians; and''.

SEC. 6. YOUTHBUILD ELIGIBILITY.

    Section 460 of the Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 12899h-1) is amended by striking ``for

[[Page 119 STAT. 2645]]

fiscal year 1998 and fiscal years thereafter'' and inserting ``for 
fiscal years 1998 through 2005''.

    Approved December 22, 2005.

LEGISLATIVE HISTORY--H.R. 797:
---------------------------------------------------------------------------

SENATE REPORTS: No. 109-160 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 151 (2005):
            Apr. 6, considered and passed House.
            Nov. 8, considered and passed Senate, amended.
            Dec. 18, House concurred in Senate amendments.

                                  <all>
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