Improving Tribal participation in the Continuum of Care Program

Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.) is amended— (1) in section 401 (42 U.S.C. 11360)— (A) by redesignating paragraphs (32) through (35) as paragraphs (33) through (36) respectively; and (B) by inserting after paragraph (31) the following: (32) Tribally designated housing entity The term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).; (2) in section 423(g) (42 U.S.C. 11383(g)), by inserting Indian tribe, tribally designated housing entity, after private nonprofit organization,; and (3) in section 435 (42 U.S.C. 11389)— (A) by striking Notwithstanding and inserting (a) Eligible entities.—Notwithstanding; (B) in subsection (a), as so designated, by striking (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)); and (C) by adding at the end the following: (b) Civil rights exemptions (1) Definitions In this subsection: (A) Formula area The term formula area has the meaning given the term in section 1000.302 of title 24, Code of Federal Regulations, or any successor regulation. (B) Tribal project The term Tribal project means a project in which amounts provided under this Act shall be used specifically to benefit Tribal communities or Tribal members. (2) Exemptions With respect to grants awarded to carry out eligible activities under this subtitle, 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 applications or awards for— (A) projects to be carried out— (i) on or off reservation or trust lands for awards made to Indian Tribes or tribally designated housing entities; or (ii) on reservation or trust lands for awards made to eligible entities; or (B) Tribal projects located in Indian Housing Block Grant formula areas. (c) Certification Notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12706) and section 403 of this Act, with respect to applications for projects to be carried out on reservations or trust land using grants awarded under this subtitle— (1) the applications shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4112); and (2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land from such funds shall certify that they are following an approved housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4112). (d) Consolidated plan exemption A collaborative applicant for a continuum of care whose geographic area includes only reservation or trust land is not required to meet the requirement described in section 402(f)(2). (e) Waiver authority for tribal participation In administering the amounts made available under this subtitle, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these amounts (except for requirements related to labor standards and the environment), if the Secretary finds that— (1) good cause exists for the waiver or alternative requirement; and (2) such waiver or alternative requirement— (A) is necessary to modify any requirements preventing the participation of Indian tribes or tribally designated housing entities in the program under this subtitle; or (B) would expedite or facilitate the use of funds. (f) Environmental review Projects under this title shall be treated as assistance for special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547), and subject to the regulations issued by the Secretary to implement such section, and with respect to projects under this title, an Indian tribe shall be considered a State for purposes of section 305(c) of such Act..