II 

109TH CONGRESS 

1ST SESSION S. 475 

To amend the Native American Housing Assistance and Self-Determination 

Act of 1996 and other Acts to improve housing programs for Indians. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2005 

Mr. JOHNSON (for himself and Mr. ENZI) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To amend the Native American Housing Assistance and SelfDetermination Act of 1996 and other Acts to improve 

housing programs for Indians. 

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 Housing Enhancement Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) there exists— 
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1 (A) a unique relationship between the Fed2 eral Government and the Indian tribal govern3 ments; and 

4 (B) a unique Federal trust responsibility 

5 to Indians; 

6 (2) Indians experience some of the worst hous7 ing conditions in the country, such that— 

8 (A) 32.6 percent of Indian homes are over9 crowded; 

10 (B) 33 percent of Indian homes lack ade11 quate solid waste management systems; 

12 (C) 8 percent of Indian homes lack a safe 

13 indoor water supply; and 

14 (D) approximately 90,000 Indian families 

15 are homeless or underhoused; 

16 (3) the poverty rate for Indians is twice that of 

17 the rest of the population of the United States; 

18 (4) the population growth of Indians that began 

19 in the latter part of the 20th century increased the 

20 need for Federal housing services; 

21 (5)(A) under the requirements of the Native 

22 American Housing Assistance and Self-Determina23 tion Act of 1996 (25 U.S.C. 4101 et seq.), members 

24 of Indian tribes are given preference for housing 

25 programs; 
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1 (B) a primary purpose of that Act is to allow 

2 Indian tribes to leverage funds with other Federal 

3 and private funds; 

4 (C) the Department of Agriculture has been a 

5 significant funding source for housing for Indian 

6 tribes; and 

7 (D) the Housing Act of 1949 (42 U.S.C. 1471 

8 et seq.) should be amended— 

9 (i) to allow assistance provided under that 

10 Act and assistance provided by the Secretary of 

11 Agriculture under other law to be combined to 

12 meet the severe housing needs of Indian tribes; 

13 and 

14 (ii) to allow for the preference referred to 

15 in subparagraph (A) by granting an exemption 

16 from title VI of the Civil Rights Act of 1964 

17 (42 U.S.C. 2000d et seq.) and title VIII of the 

18 Civil Rights Act of 1968 (42 U.S.C. 3601 et 

19 seq.) to Indian tribes that— 

20 (I) comply with title II of Public Law 

21 90–284 (25 U.S.C. 1301 et seq.) (com22 monly known as the ‘‘Indian Civil Rights 

23 Act’’); or 

24 (II) are acting under the Native 

25 American Housing Assistance and Self-De-
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1 termination Act of 1996 (25 U.S.C. 

2 4131(b)); and 

3 (6) section 457 of the Cranston-Gonzales Na4 tional Affordable Housing Act (42 U.S.C. 12899f) 

5 should be amended to include Indian tribes, tribally 

6 designated housing entities, or other agencies that 

7 primarily serve Indians as eligible applicants for 

8 YouthBuild grants. 

9 SEC. 3. TREATMENT OF PROGRAM INCOME. 

10 Section 104(a)(2) of the Native American Housing 

11 Assistance and Self-Determination Act of 1996 (25 U.S.C. 

12 4114(a)(2)) is amended by inserting ‘‘restrict access to a 

13 grant or’’ after ‘‘not’’. 

14 SEC. 4. CIVIL RIGHTS COMPLIANCE. 

15 Title V of the Housing Act of 1949 (42 U.S.C. 1471 

16 et seq.) is amended by adding at the end the following: 

17 ‘‘SEC. 544. INDIAN TRIBES. 

18 ‘‘(a) IN GENERAL.—Federally recognized Indian 

19 tribes (or the instrumentalities of the tribes) that exercise 

20 powers of self-government shall comply with title II of 

21 Public Law 90–284 (25 U.S.C. 1301 et seq.) (commonly 

22 known as the ‘‘Indian Civil Rights Act’’) when receiving 

23 assistance under this title. 

24 ‘‘(b) EXEMPTION.—Title VI of the Civil Rights Act 

25 of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the 
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1 Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall 

2 not apply to— 

3 ‘‘(1) tribes covered by title II of Public Law 

4 90–284 (25 U.S.C. 1301 et seq.) (commonly known 

5 as the ‘‘Indian Civil Rights Act’’); or 

6 ‘‘(2) tribes acting under section 201(b) of the 

7 Native American Housing Assistance and Self-De8 termination Act of 1996 (25 U.S.C. 4131(b)).’’. 

9 SEC. 5. ELIGIBILITY OF INDIAN TRIBES FOR YOUTHBUILD 

10 GRANTS. 

11 Section 457(2) of the Cranston-Gonzales National 

12 Affordable Housing Act (42 U.S.C. 12899f(2)) is amend13 ed— 

14 (1) in subparagraph (F), by striking ‘‘and’’ at 

15 the end; 

16 (2) by redesignating subparagraph (G) as sub17 paragraph (H); and 

18 (3) by inserting after subparagraph (F) the fol19 lowing: 

20 ‘‘(G) an Indian tribe, tribally designated 

21 housing entity (as defined in section 4 of the 

22 Native American Housing Assistance and Self23 Determination Act of 1996 (25 U.S.C. 4103)), 
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1 or other agency primarily serving Indians; 

2 and’’. 

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