Page:United States Statutes at Large Volume 121.djvu/1268

 PUBLIC LAW 110–114—NOV. 8, 2007

121 STAT. 1247

financial status of the Funds during the preceding 12-month period. ‘‘(4) AUDITS.— ‘‘(A) IN GENERAL.—The activities of the Tribes in carrying out the plans of the Tribes for terrestrial wildlife habitat restoration under section 602(a) shall be audited as part of the annual audit that the Tribes are required to prepare under the Office of Management and Budget Circular A–133 (or a successor circulation). ‘‘(B) DETERMINATION BY AUDITORS.—An auditor that conducts an audit under subparagraph (A) shall— ‘‘(i) determine whether funds received by the Tribes under this section during the period covered by the audit were used to carry out the plan of the appropriate Tribe in accordance with this section; and ‘‘(ii) include the determination under clause (i) in the written findings of the audit. ‘‘(5) MODIFICATION OF INVESTMENT REQUIREMENTS.— ‘‘(A) IN GENERAL.—If the Secretary of the Treasury determines that meeting the requirements under paragraph (2) with respect to the investment of a Fund is not practicable, or would result in adverse consequences for the Fund, the Secretary shall modify the requirements, as the Secretary determines to be necessary. ‘‘(B) CONSULTATION.—Before modifying a requirement under subparagraph (A), the Secretary of the Treasury shall consult with the Tribes regarding the proposed modification.’’; and (2) by striking subsection (f) and inserting the following: ‘‘(f) ADMINISTRATIVE EXPENSES.—There are authorized to be appropriated to the Secretary of the Treasury to pay expenses associated with investing the Funds and auditing the uses of amounts withdrawn from the Funds— ‘‘(1) $500,000 for each of fiscal years 2006 and 2007; and ‘‘(2) such sums as are necessary for each subsequent fiscal year.’’. SEC. 5130. EAST TENNESSEE.

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(a) EAST TENNESSEE DEFINED.—In this section, the term ‘‘East Tennessee’’ means the counties of Blount, Knox, Loudon, McMinn, Monroe, and Sevier, Tennessee. (b) ESTABLISHMENT OF PROGRAM.—The Secretary may establish a program to provide environmental assistance to non-Federal interests in East Tennessee. (c) FORM OF ASSISTANCE.—Assistance provided under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in East Tennessee, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development. (d) OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project is publicly owned. (e) PARTNERSHIP AGREEMENTS.— (1) IN GENERAL.—Before providing assistance under this section, the Secretary shall enter into a partnership agreement

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