108 STAT. 774 PUBLIC LAW 103-272—JULY 5, 1994 and 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 Indiaix 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
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