[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 797 Referred in Senate (RFS)]
1st Session
H. R. 797
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 7, 2005
Received; read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
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; and
(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 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 comply 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 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.
``(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-Determination 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 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''.
Passed the House of Representatives April 6, 2005.
Attest:
JEFF TRANDAHL,
Clerk.