Page:United States Statutes at Large Volume 108 Part 2.djvu/59

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 775 among 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. (0 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.

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