(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 4111 of this title;

(2) that has complied with the requirements of section 4112(b)(6) 1 of this title; and

(3) that, during the preceding 3-fiscal-year period, has no unresolved significant and material audit findings or exceptions, as demonstrated in—

(A) the annual audits of that period completed under chapter 75 of title 31 (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 part, 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 part.

With respect to a fiscal year and a recipient, the amounts referred to in subsection (b) are amounts from any grant provided under section 4111 of this title 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.