123STA T . 22 4PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9and502oftheH o usi n g and Urb an D e v e l o pm ent Ac tof 1974,$ 100,000,000, to remain available until S eptember 3 0, 2011
- Pro-vide
d ,T hat for purposes of environmental revie w , pursuant to the N ational E nvironmental P olic y Act of 19 6 9 ( 42U . S. C . 4321 et se q . ) and other provisions of law that further the purposes of such Act, a grant under the Healthy Homes I nitiative, O peration L ead Elimination Action Plan (LEAP), or the Lead Technical Studies program under this heading or under prior appropriations Acts for such purposes under this heading, shall be considered to be funds for a special pro j ect for purposes of section 305(e) of the M ultifamily Housing Property Disposition R eform Act of 1994: Provided fu r th er, That funds shall be awarded first to applicants which had applied under the Lead Ha z ard Reduction Program Notices of F unding Availability for fiscal year 200 8 , and were found in the application review to be qualified for award, but were not awarded because of funding limitations, and that any funds which remain after reservation of funds for such grants shall be added to the amount of funds to be awarded under the Lead Hazard Reduction Program Notices of Funding Availability for fiscal year 2009: Provided further, That each applicant for the Lead Hazard Program Notices of Funding Availability for fiscal year 2009 shall submit a detailed plan and strategy that dem - onstrates adequate capacity that is acceptable to the Secretary to carry out the proposed use of funds: Provided further, That recipients of funds under this heading shall e x pend at least 50 percent of such funds within 2 years of the date on which funds become available to such jurisdictions 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 expendi- ture requirement, the Secretary shall recapture all remaining funds awarded to the recipient and reallocate such funds to recipients that are in compliance with those requirements: Provided further, That if a recipient fails to comply with the 3-year expenditure requirement, the Secretary shall recapture the balance of the funds awarded to the recipient: 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 ‘ ‘Personnel Compensation and B enefits, Office of Lead Hazard Control and Healthy Homes ’ ’ and shall retain the terms and condi- tions of this account, including reprogramming provisions, except that the period of availability set forth in the previous proviso shall govern such transferred funds: Provided further, That any funds made available under this heading used by the Secretary for training or other administrative expenses shall be transferred Waiver a utho rit y.D ea dl i n e s . P lans. S trate g y.
