123STA T . 21 6PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9U.S . C . 41 11 ets e q . ),$5 1 0 ,000,000 t or e main a v ai l a b le u ntil Se p- tember 3 0, 2 011
- Provide
d ,Th at $255,000,000 o f the amount pro- vi d ed under this headin g shall be distributed a c cording to the same funding formula used in fiscal y ear 200 8
- Provided
fu r th er, That the Secretary shall obligate funds allocated by formula w ithin 30 days of enactment of this A ct: Provided further, That the amounts distributed through the formula shall be used for new construction, acquisition, rehabilitation including energy efficiency and conservation, and infrastructure development: Provided further, That in selecting pro j ects to be funded, recipients shall give priority to projects for which contracts can be awarded within 180 days from the date that funds are available to the recipients: Provided further, that the Secretary may obligate $255,000,000 of the amount provided under this heading for competitive grants to eligible enti- ties that apply for funds authori z ed under N A H AS D A: Provided further, That the Secretary shall obligate competitive funding by September 30, 200 9
- Provided further, That in awarding competitive
funds, the Secretary shall give priority to projects that will spur construction and rehabilitation and will create employment opportunities for low-income and unemployed persons: Provided further, That recipients of funds under this heading shall obligate 100 percent of such funds within 1 year of the date funds are made available to a recipient, e x pend at least 50 percent of such funds within 2 years of the date on which funds become available to such recipients for obligation and expend 100 percent of such funds within 3 years of such date: Provided further, That if a recipient fails to comply with the 2-year expenditure requirement, the Secretary shall recapture all remaining funds awarded to the recipient and reallocate such funds through the funding formula to recipients that are in compliance with these requirements: Pro - vided further, That if a recipient fails to comply with the 3-year expenditure requirement, the Secretary shall recapture the balance of the funds originally awarded to the recipient: Provided further, That notwithstanding any other provision of law, the Secretary may set aside up to 2 percent of funds made available under this paragraph for a housing entity eligible to receive funding under title VI II of NAHASDA ( 25 U.S.C. 4221 et seq.): Provided further, That in administering funds appropriated or otherwise made available under this heading, the Secretary may waive or specify alternative requirements for any provision of any statute or regulation in connection with the obligation by the Secretary or the use of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such a waiver is necessary to expedite or facilitate the use of such funds: Provided further, That of the funds made available under this heading, up to .5 percent shall be available for staffing, training, technical assistance, technology, monitoring, travel, enforcement, research and evaluation activities: Provided further, That funds set aside in the previous proviso shall remain available until September 30, 2012: Provided further, That any funds made available under this heading used by the Secretary for personnel expenses related to administering funding under this heading shall be transferred to ‘ ‘ P ersonnel Compensation and B enefits, O ffice of Public and Indian Housing ’ ’ and shall retain the terms and conditions of this account, including reprogramming provisions, except that the period of availability set forth in the Waiver a utho rit y.D ea dl i n e s . Deadline. Deadline.
