104 STAT. 3264 PUBLIC LAW 101-615—NOV. 16, 1990 at least 75 percent of the funds granted to the State under this subsection in the fiscal year for the purposes of training public sector employees employed or used by the political subdivisions. "(4) USE OF TRAINING COURSES. —The Secretary may only make a grant to a State or Indian tribe under this subsection in a fiscal year if the State or Indian tribe enters into an agreement with the Secretary to use in such fiscal year— "(A) a course or courses developed or identified under subsection (g); or "(B) other courses which the Secretary determines are consistent with the objectives of this section; for training public sector employees to respond to accidents and incidents involving hazardous materials. "(5) USE OF TRAINING FUNDS.— Funds granted to a State or Indian tribe for training public sector employees under this subsection may be used to pay tuition costs of such employees for such training, travel expenses of such employees to and from the training facility, room and board of such employees while they are at the training facility, and travel expenses of persons who are to provide such training. "(6) TRAINING BY OTHERS.— Funds granted to a State or Indian tribe for training public sector employees under this subsection— "(A) may be used by the State or a political subdivision thereof or the Indian tribe to provide such training; or "(B) may be used to enter into an agreement, approved by the Secretary, to authorize a person (including a department, agency, or instrumentality of a State or political subdivision thereof or an Indian tribe) to provide such training— (i) if the agreement allows the Secretary and the State or Indian tribe to conduct random examinations, inspections, and audits of such training without prior notification; and "(ii) if the State or Indian tribe conducts at least annually 1 on-site observation of such training. "(7) ALLOCATION OF TRAINING FUNDS.— The Secretary shall allocate funds made available for grants under this subsection for a fiscal year among States and Indian tribes which are eligible to receive such grants in such fiscal year based upon the needs of such States and Indian tribes for emergency response training. In determining such needs, the Secretary shall consider the number of hazardous materials facilities in the State or on lands under the jurisdiction of the Indian tribe, the types and amounts of hazardous materials transported in the State or on such lands, whether or not the State or Indian tribe assesses and collects fees on the transportation of hazardous materials, whether or not such fees are used solely to carry out purposes related to the transportation of hazardous materials, and such other factors as the Secretary determines are appropriate to carry out the objectives of this subsection. "(c) ADOPTION OF FEDERAL STANDARDS AND COMPUANCE WITH EMERGENCY PLANNING REQUIREMENTS.—The Secretary may only make a grant to a State under this section in a fiscal year if the State certifies that the State is complying with sections 301 and 303 of the Emergency Planning and Community Right-To-Know Act of 1986, including compliance with such sections with respect to ac-
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