49 U.S.C. § 5116 - Planning and training grants, monitoring, and review
|Cite as:||49 U.S.C. § 5116|
|Currency:||Current through P.L. 116-21 (6/12/2019)|
(a) PLANNING AND TRAINING GRANTS.-
(1) The Secretary shall make grants to States and Indian tribes-
(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 on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe;
(B) to decide on the need for regional hazardous material emergency response teams; and
(C) to train public sector employees to respond to accidents and incidents involving hazardous material.
(2) To the extent that a grant is used to train emergency responders under paragraph (1)(C), the State or Indian tribe shall provide written certification to the Secretary that the emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.
(3) The Secretary may make a grant to a State or Indian tribe under paragraph (1) of this subsection only if-
(A) the State or Indian tribe certifies that the total amount the State or Indian tribe expends (except amounts of the Federal Government) for the purpose of the grant will at least equal the average level of expenditure for the last 5 years; and
(B) any emergency response training provided under the grant shall consist of-
(i) a course developed or identified under section 5115 of this title; or
(ii) any other course the Secretary determines is consistent with the objectives of this section.
(4) A State or Indian tribe receiving a grant under this subsection shall ensure that planning and emergency response training under the grant is coordinated with adjacent States and Indian tribes.
(5) A training grant under paragraph (1)(C) 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 with a person (including an authority of a State, a political subdivision of a State or Indian tribe, or a local jurisdiction), subject to approval by the Secretary, to provide the training if-
(i) the agreement allows the Secretary and the State or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice;
(ii) the person agrees to have an auditable accounting system; and
(iii) the State or Indian tribe conducts at least one on-site observation of the training each year.
(6) The Secretary shall allocate amounts made available for grants under this subsection among eligible States and Indian tribes based on the needs of the States and Indian tribes for emergency response planning and 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 Indian tribe;
(B) the types and amounts of hazardous material transported in the State or on such land;
(C) whether the State or Indian tribe imposes and collects a fee for transporting hazardous material;
(D) whether such fee is used only to carry out a purpose related to transporting hazardous material;
(E) the past record of the State or Indian tribe in effectively managing planning and training grants; and
(F) any other factors the Secretary determines are appropriate to carry out this subsection.
(b) COMPLIANCE WITH CERTAIN LAW.-The Secretary 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 ).
(c) APPLICATIONS.-A State or Indian tribe interested in receiving a grant under this section shall submit an application to the Secretary. The application must be submitted at the time, and contain information, the Secretary requires by regulation to carry out the objectives of this section.
(d) 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 subsection (a)(3)(A) of this section are not part of the non-Government share under this subsection.
(e) 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 Administrator 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, Administrators, and Director 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.
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