Planning and training grants, monitoring, and review Indians.

§ 5116. Planning and training grants, monitoring, and review Indians. (a) Planning Grants.—(1) The Secretary of Transportation shall make grants to States— (A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining flow patterns of hazardous material in a State and between States; and (B) to decide on the need for a regional hazardous material emergency response team. (2) The Secretary of Transportation may make a grant to a State under paragraph (1) of this subsection in a fiscal year only if the State— (A) certifies that the total amount the State expends (except amounts of the United States Government) to develop, improve, 108 STAT. 774and carry out emergency plans under the Act will at least equal the average level of expenditure for the last 2 fiscal years; and (B) agrees to make available at least 75 percent of the amount of the grant under paragraph (1) of this subsection in the fiscal year to local emergency planning committees established under section 301(c) of the Act (42 U.S.C. 11001(c)) to develop emergency plans under the Act. (b) Training grants.—(1) The Secretary of Transportation shall make grants to States and Indian tribes to train public sector employees to respond to accidents and incidents involving hazardous material. (2) The Secretary of Transportation may make a grant under paragraph (1) of this subsection in a fiscal year— (A) to a State or Indian tribe only if the State or tribe certifies that the total amount the State or tribe expends (except amounts of the Government) to train public sector employees to respond to an accident or incident involving hazardous material will at least equal the average level of expenditure for the last 2 fiscal years; (B) to a State or Indian tribe only if the State or tribe makes an agreement with the Secretary that the State or tribe will use in that fiscal year, for training public sector employees to respond to an accident or incident involving hazardous material— (i) a course developed or identified under section 5115 of this title; or (ii) another course the Secretary decides is consistent with the objectives of this section; and (C) to a State only if the State agrees to make available at least 75 percent of the amount of the grant under paragraph (1) of this subsection in the fiscal year for training public sector employees a political subdivision of the State employs or uses. (3) A grant under this subsection may be used— (A) to pay— (i) the tuition costs of public sector employees being trained; (ii) travel expenses of those employees to and from the training facility; (iii) room and board of those employees when at the training facility; and (iv) travel expenses of individuals providing the training; (B) by the State, political subdivision, or Indian tribe to provide the training; and (C) to make an agreement the Secretary of Transportation approves authorizing a person (including an authority of a State or political subdivision of a State or Indian tribe) to provide the training— (i) if the agreement allows the Secretary and the State or tribe to conduct random examinations, inspections, and audits of the training without prior notice; and (ii) if the State or tribe conducts at least one onsite observation of the training each year. (4) The Secretary of Transportation shall allocate amounts made available for grants under this subsection for a fiscal year 108 STAT. 775among eligible States and Indian tribes based on the needs of the States and tribes for emergency response training. In making a decision about those needs, the Secretary shall consider— (A) the number of hazardous material facilities in the State or on land under the jurisdiction of the tribe; (B) the types and amounts of hazardous material transported in the State or on that land; (C) whether the State or tribe imposes and collects a fee on transporting hazardous material; (D) whether the fee is used only to carry out a purpose related to transporting hazardous material; and (E) other factors the Secretary decides are appropriate to carry out this subsection. (c) Compliance With Certain Law.—The Secretary of Transportation may make a grant to a State under this section in a fiscal year only if the State certifies that the State complies with sections 301 and 303 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003). (d) Applications.—A State or Indian tribe interested in receiving a grant under this section shall submit an application to the Secretary of Transportation. The application must be submitted at the time, and contain information, the Secretary requires by regulation to carry out the objectives of this section. (e) Government’s Share of Costs.—A grant under this section is for 80 percent of the cost the State or Indian tribe incurs in the fiscal year to carry out the activity for which the grant is made. Amounts of the State or tribe under subsections (a)(2)(A) and (b)(2)(A) of this section are not part of the non-Government share under this subsection. (f) Monitoring and Technical Assistance.—In coordination with the Secretaries of Transportation and Energy, Administrator of the Environmental Protection Agency, and Director of the National Institute of Environmental Health Sciences, the Director of the Federal Emergency Management Agency shall monitor public sector emergency response planning and training for an accident or incident involving hazardous material. Considering the results of the monitoring, the Secretaries, Administrator, and Directors each shall provide technical assistance to a State, political subdivision of a State, or Indian tribe for carrying out emergency response training and planning for an accident or incident involving hazardous material and shall coordinate the assistance using the existing coordinating mechanisms of the national response team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee. (g) Delegation of Authority.—To minimize administrative costs and to coordinate Government grant programs for emergency response training and planning, the Secretary of Transportation may delegate to the Directors of the Federal Emergency Management Agency and National Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency, and Secretaries of Labor and Energy any of the following: (1) authority to receive applications for grants under this section. (2) authority to review applications for technical compliance with this section. 108 STAT. 776 (3) authority to review applications to recommend approval or disapproval. (4) any other ministerial duty associated with grants under this section. (h) Minimizing Duplication of Effort and Expenses.—The Secretaries of Transportation, Labor, and Energy, Directors of the Federal Emergency Management Agency and National Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission, and Administrator of the Environmental Protection Agency shall review periodically, with the head of each department, agency, or instrumentality of the Government, all emergency response and preparedness training programs of that department, agency, or instrumentality to minimize duplication of effort and expense of the department, agency, or instrumentality in carrying out the programs and shall take necessary action to minimize duplication. (i) Annual Registration Fee Account and Its Uses.—The Secretary of the Treasury shall establish an account in the Treasury into which the Secretary of the Treasury shall deposit amounts the Secretary of Transportation collects under section 5108(g)(2)(A) of this title and transfers to the Secretary of the Treasury under section 5108(g)(2)(C) of this title. Without further appropriation, amounts in the account are available— (1) to make grants under this section and section 5107(e) of this title; (2) to monitor and provide technical assistance under subsection (f) of this section; and (3) to pay administrative costs of carrying out this section and sections 5107(e), 5108(g)(2), and 5115 of this title, except that not more than 10 percent of the amounts made available from the account in a fiscal year may be used to pay those costs.