SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL COMMUNITIES PROGRAM.

SEC. 206. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL COMMUNITIES PROGRAM.(a) Establishment of Program.—Title II of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131 et seq.) is amended—(1) by inserting after the title designation and heading the following:“Subtitle A—General Block Grant Program”;and(2) by adding at the end the following:“Subtitle B—Self-Determined Housing Activities for Tribal Communities“SEC. 231. PURPOSE. “The purpose of this subtitle is to establish a program for self-determined housing activities for the tribal communities to provide Indian tribes with the flexibility to use a portion of the grant amounts under section 101 for the Indian tribe in manners that are wholly self-determined by the Indian tribe for housing activities involving construction, acquisition, rehabilitation, or infrastructure relating to housing activities or housing that will benefit the community served by the Indian tribe. “SEC. 232. PROGRAM AUTHORITY.“(a) Definition of Qualifying Indian Tribe.—In this section, the term ‘qualifying Indian tribe’ means, with respect to a fiscal year, an Indian tribe or tribally designated housing entity—“(1) to or on behalf of which a grant is made under section 101;“(2) that has complied with the requirements of section 102(b)(6); and“(3) that, during the preceding 3-fiscal-year period, has no unresolved significant and material audit findings or exceptions, as demonstrated in—122 STAT. 4327“(A) the annual audits of that period completed under chapter 75 of title 31, United States Code (commonly known as the ‘Single Audit Act’); or“(B) an independent financial audit prepared in accordance with generally accepted auditing principles.“(b) Authority.—Under the program under this subtitle, for each of fiscal years 2009 through 2013, the recipient for each qualifying Indian tribe may use the amounts specified in subsection (c) in accordance with this subtitle.“(c) Amounts.—With respect to a fiscal year and a recipient, the amounts referred to in subsection (b) are amounts from any grant provided under section 101 to the recipient for the fiscal year, as determined by the recipient, but in no case exceeding the lesser of—“(1) an amount equal to 20 percent of the total grant amount for the recipient for that fiscal year; and“(2) $2,000,000. “SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES.“(a) Eligible Housing Activities.—Any amounts made available for use under this subtitle by a recipient for an Indian tribe shall be used only for housing activities, as selected at the discretion of the recipient and described in the Indian housing plan for the Indian tribe pursuant to section 102(b)(6), for the construction, acquisition, or rehabilitation of housing or infrastructure in accordance with section 202 to provide a benefit to families described in section 201(b)(1).“(b) Prohibition on Certain Activities.—Amounts made available for use under this subtitle may not be used for commercial or economic development. “SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS.“(a) In General.—Except as otherwise specifically provided in this Act, title I, subtitle A of title II, and titles III through VIII shall not apply to—“(1) the program under this subtitle; or“(2) amounts made available in accordance with this subtitle.“(b) Applicable Provisions.—The following provisions of titles I through VIII shall apply to the program under this subtitle and amounts made available in accordance with this subtitle:“(1) Section 101(c) (relating to local cooperation agreements).“(2) Subsections (d) and (e) of section 101 (relating to tax exemption).“(3) Section 101(j) (relating to Federal supply sources).“(4) Section 101(k) (relating to tribal preference in employment and contracting).“(5) Section 102(b)(4) (relating to certification of compliance).“(6) Section 104 (relating to treatment of program income and labor standards).“(7) Section 105 (relating to environmental review).“(8) Section 201(b) (relating to eligible families).“(9) Section 203(c) (relating to insurance coverage).“(10) Section 203(g) (relating to a de minimis exemption for procurement of goods and services).“(11) Section 206 (relating to treatment of funds).122 STAT. 4328“(12) Section 209 (relating to noncompliance with affordable housing requirement).“(13) Section 401 (relating to remedies for noncompliance).“(14) Section 408 (relating to public availability of information).“(15) Section 702 (relating to 50-year leasehold interests in trust or restricted lands for housing purposes). “SEC. 235. REVIEW AND REPORT.“(a) Review.—During calendar year 2011, the Secretary shall conduct a review of the results achieved by the program under this subtitle to determine—“(1) the housing constructed, acquired, or rehabilitated under the program;“(2) the effects of the housing described in paragraph (1) on costs to low-income families of affordable housing;“(3) the effectiveness of each recipient in achieving the results intended to be achieved, as described in the Indian housing plan for the Indian tribe; and“(4) the need for, and effectiveness of, extending the duration of the program and increasing the amount of grants under section 101 that may be used under the program.“(b) Report.—Not later than December 31, 2011, the Secretary shall submit to Congress a report describing the information obtained pursuant to the review under subsection (a) (including any conclusions and recommendations of the Secretary with respect to the program under this subtitle), including—“(1) recommendations regarding extension of the program for subsequent fiscal years and increasing the amounts under section 232(c) that may be used under the program; and“(2) recommendations for—“(A)(i) specific Indian tribes or recipients that should be prohibited from participating in the program for failure to achieve results; and“(ii) the period for which such a prohibition should remain in effect; or“(B) standards and procedures by which Indian tribes or recipients may be prohibited from participating in the program for failure to achieve results.“(c) Provision of Information to Secretary.—Notwithstanding any other provision of this Act, recipients participating in the program under this subtitle shall provide such information to the Secretary as the Secretary may request, in sufficient detail and in a timely manner sufficient to ensure that the review and report required by this section is accomplished in a timely manner.” .(b) Technical Amendment.—The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 note) is amended—(1) by inserting after the item for title II the following: “Subtitle A— General Block Grant Program”; (2) by inserting after the item for section 205 the following: “Sec. 206. Treatment of funds.”; and(3) by inserting before the item for title III the following:122 STAT. 4329 “Subtitle B— Self-Determined Housing Activities for Tribal Communities “Sec. 231. Purposes. “Sec. 232. Program authority. “Sec. 233. Use of amounts for housing activities. “Sec. 234. Inapplicability of other provisions. “Sec. 235. Review and report.”.