[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 797 Reported in Senate (RS)]







                                                       Calendar No. 261
109th CONGRESS
  1st Session
                                H. R. 797

                          [Report No. 109-160]

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

                             April 7, 2005

  Received; read twice and referred to the Committee on Indian Affairs

                            October 27, 2005

               Reported by Mr. McCain, without amendment

_______________________________________________________________________

                                 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''.
                                                       Calendar No. 261

109th CONGRESS

  1st Session

                                H. R. 797

                          [Report No. 109-160]

_______________________________________________________________________

                                 AN ACT

To amend the Native American Housing Assistance and Self-Determination 
  Act of 1996 and other Acts to improve housing programs for Indians.

_______________________________________________________________________

                            October 27, 2005

                       Reported without amendment