H. R. 797
One Hundred Ninth Congress
of the
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the fourth day of January, two thousand and five 
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 manage-
ment 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 pref-
erence 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 assist-
ance 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 subpara-
graph (A) by granting an exemption from title VI of the Civil
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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 Afford-
able 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
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fiscal year 1998 and fiscal years thereafter’’ and inserting ‘‘for 
fiscal years 1998 through 2005’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.