109TH CONGRESS
1ST SESSION
H. R. 797
AN ACT
To amend the Native American Housing Assistance
and Self-Determination Act of 1996 and other
Acts to improve housing programs for Indians.
109TH CONGRESS
1ST SESSION
H. R. 797
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 Representa-
tives 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 Gov-
ernment of the United States and the govern-
ments 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 in-
creased the need for Federal housing services;
(5)(A) under the requirements of the Native
American Housing Assistance and Self-Determina-
tion 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 In-
dian 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; and
(D) to allow assistance provided under the Act
and assistance provided by the Secretary of Agri-
culture 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 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.) to tribes who com-
ply with the Indian Civil Rights Act (title II of the
Civil Rights Act of 1968; 25 U.S.C. 1301–1303), or
who are acting under the Native American Housing
Assistance and Self-Determination Act of 1996 (25
U.S.C. 4131(b)); and
(6) section 457 of the Cranston-Gonzales Na-
tional 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.
‘‘(a) IN GENERAL.—Federally recognized Indian
Tribes who exercise powers of self-government (or their
instrumentalities) shall comply with the Indian Civil
Rights Act (title II of the Civil Rights Act of 1968; 25
U.S.C. 1301–1303) when receiving assistance under this
title.
‘‘(b) EXEMPTION.—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—
‘‘(1) tribes covered by the Indian Civil Rights
Act (title II of the Civil Rights Act of 1968; 25
U.S.C. 1301–1303); or
‘‘(2) tribes acting under section 201(b) of the
Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4131(b)).’’.
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 sub-
paragraph (H); and
(3) by inserting after subparagraph (F) the fol-
lowing:
‘‘(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’’.
Passed the House of Representatives April 6, 2005.
Attest:
Clerk.