[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 475 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 475

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

                           February 28, 2005

 Mr. Johnson (for himself and Mr. Enzi) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
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 exists--
                    (A) a unique relationship between the Federal 
                Government and the Indian tribal governments; and
                    (B) a unique Federal trust responsibility to 
                Indians;
            (2) Indians experience some of the worst housing conditions 
        in the country, such that--
                    (A) 32.6 percent of Indian homes are overcrowded;
                    (B) 33 percent of Indian homes lack adequate solid 
                waste management systems;
                    (C) 8 percent of Indian homes lack a safe indoor 
                water supply; and
                    (D) approximately 90,000 Indian families are 
                homeless or underhoused;
            (3) the poverty rate for Indians is twice that of the rest 
        of the population of the United States;
            (4) the population growth of Indians 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 that 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) the Housing Act of 1949 (42 U.S.C. 1471 et seq.) should 
        be amended--
                    (i) to allow assistance provided under that Act and 
                assistance provided by the Secretary of Agriculture 
                under other law to be combined to meet the severe 
                housing needs of Indian tribes; and
                    (ii) 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 Indian tribes that--
                            (I) comply with title II of Public Law 90-
                        284 (25 U.S.C. 1301 et seq.) (commonly known as 
                        the ``Indian Civil Rights Act''); or
                            (II) 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 a grant 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 (or the 
instrumentalities of the tribes) that exercise powers of self-
government shall comply with title II of Public Law 90-284 (25 U.S.C. 
1301 et seq.) (commonly known as the ``Indian Civil Rights Act'') 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 title II of Public Law 90-284 (25 
        U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil 
        Rights Act''); 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 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''.
                                 <all>