I 

108TH CONGRESS 

2D SESSION H. R. 5221

To amend the Native American Housing Assistance and Self- Determination 

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

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 5, 2004

Mr. RENZI (for himself and Mr. MATHESON) introduced the following bill; 

which was referred to the Committee on Financial Services 

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 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that—

8 (1) there exist—
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1 (A) a unique relationship between the Gov2 ernment of the United States and the govern3 ments of Indian tribes; and 

4 (B) a unique Federal trust responsibility 

5 to Indian people; 

6 (2) Native Americans experience some of the 

7 worst housing conditions in the country, with—

8 (A) 32.6 percent of Native homes being 

9 overcrowded; 

10 (B) 33 percent lacking adequate solid 

11 waste management systems; 

12 (C) 8 percent lacking a safe indoor water 

13 supply; and 

14 (D) approximately 90,000 Native families 

15 who are homeless or underhoused; 

16 (3) the poverty rate for Native Americans is 

17 twice that of the rest of the population of the United 

18 States; 

19 (4) the population growth of Native Americans 

20 that began in the latter part of the 20th century in21 creased the need for Federal housing services; 

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

23 American Housing Assistance and Self-Determina24 tion Act of 1996 (25 U.S.C. 4101 et seq.), members 
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1 of Indian tribes are given preference for housing 

2 programs; 

3 (B) a primary purpose of the Act is to allow In4 dian tribes to leverage funds with other Federal and 

5 private funds; 

6 (C) the Department of Agriculture has been a 

7 significant funding source for housing for Indian 

8 tribes; and 

9 (D) to allow assistance provided under the Act 

10 and assistance provided by the Secretary of Agri11 culture under other law to be combined to meet the 

12 severe housing needs of Indian tribes, the Housing 

13 Act of 1949 (42 U.S.C. 1471 et seq.) should be 

14 amended to allow for the preference referred to in 

15 subparagraph (A) by granting an exemption from 

16 title VI of the Civil Rights Act of 1964 (42 U.S.C. 

17 2000d et seq.) and title VIII of the Civil Rights Act 

18 of 1968 (42 U.S.C. 3601 et seq.) to tribes who com19 ply with the Indian Civil Rights Act (title II of the 

20 Civil Rights Act of 1968; 25 U.S.C. 1301–1303), or 

21 who are acting under the Native American Housing 

22 Assistance and Self-Determination Act of 1996 (25 

23 U.S.C. 4131(b)); and 

24 (6) section 457 of the Cranston-Gonzales Na25 tional Affordable Housing Act (42 U.S.C. 12899f) 
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1 should be amended to include Indian tribes, tribally 

2 designated housing entities, or other agencies that 

3 primarily serve Indians as eligible applicants for 

4 YouthBuild grants. 

5 SEC. 3. TREATMENT OF PROGRAM INCOME. 

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

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

8 4114(a)(2)) is amended by inserting ‘‘restrict access to 

9 or’’ after ‘‘not’’. 

10 SEC. 4. CIVIL RIGHTS COMPLIANCE. 

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

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

13 ‘‘SEC. 544. INDIAN TRIBES. 

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

15 Tribes who exercise powers of self-government (or their 

16 instrumentalities) shall comply with the Indian Civil 

17 Rights Act (title II of the Civil Rights Act of 1968; 25 

18 U.S.C. 1301–1303) when receiving assistance under this 

19 title. 

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

21 of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the 

22 Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall 

23 not apply to—
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1 ‘‘(1) tribes covered by the Indian Civil Rights 

2 Act (title II of the Civil Rights Act of 1968; 25 

3 U.S.C. 1301–1303); or 

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

5 Native American Housing Assistance and Self-De6 termination Act of 1996 (25 U.S.C. 4131(b)).’’. 

7 SEC. 5. ELIGIBILITY OF INDIAN TRIBES FOR YOUTHBUILD 

8 GRANTS. 

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

10 Affordable Housing Act (42 U.S.C. 12899f(2)) is amend11 ed—

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

13 the end; 

14 (2) by redesignating subparagraph (G) as sub15 paragraph (H); and 

16 (3) by inserting after subparagraph (F) the fol17 lowing: 

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

19 housing entity (as defined in section 4 of the 

20 Native American Housing Assistance and Self21 Determination Act of 1996 (25 U.S.C. 4103)), 

22 or other agency primarily serving Indians; 

23 and’’. 
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1 SEC. 6. FEDERAL GUARANTEES FOR FINANCING FOR TRIB2 AL HOUSING ACTIVITIES. 

3 Section 601 of the Native American Housing Assist4 ance and Self-Determination Act of 1996 (25 U.S.C. 

5 4191) is amended by adding at the end the following new 

6 subsection: 

7 ‘‘(d) LIMITATION ON PERCENTAGE.—A guarantee 

8 made under this title shall guarantee repayment of 95 per9 cent of the unpaid principal and interest due on the notes 

10 or other obligations guaranteed.’’.

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