article: 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''.
summary: Native American Housing Enhancement Act of 2005 - Amends the Native American Housing Assistance Act of 1996 to prohibit the Secretary of the Interior from restricting access to a Native American affordable housing grant based solely on one of four specified factors. Amends title V (Farm Housing) of the Housing Act of 1949 to state that 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) when receiving assistance under title V. States that title VI (Federally Assisted Programs) of the Civil Rights Act of 1964 and title VIII (Fair Housing) of the Civil Rights Act of 1968 shall not apply to tribes: (1) covered by Federal law commonly known as the Indian Civil Rights Act; or (2) tribes acting under affordable housing provisions of the Native American Housing Assistance and Self-Determination Act of 1996. Amends the Cranston-Gonzales National Affordable Housing Act to make Indian tribes, tribally designated housing entities, or other agencies primarily serving Indians eligible for Youthbuild grants.