PUBLIC LAW 109–136—DEC. 22, 2005 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

Enhancement Act of 2005’’.

SEC. 2. 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

25 USC 4101

note.

25 USC 4101

note.

Native American

Housing

Enhancement

Act of 2005.

Dec. 22, 2005

[H.R. 797]

119 STAT. 2644 PUBLIC LAW 109–136—DEC. 22, 2005

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. 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

42 USC 1490t.

PUBLIC LAW 109–136—DEC. 22, 2005 119 STAT. 2645

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.

Æ

fiscal year 1998 and fiscal years thereafter’’ and inserting ‘‘for

fiscal years 1998 through 2005’’.

Approved December 22, 2005.