In order to be eligible to receive MCSAP grant funding, the State MCSAP lead agency must maintain a certain level of expenditure, in addition to the required 15% matching share of a MCSAP grant award as provided in 49 CFR 350.301. This requirement is known as Maintenance of Effort (MOE). The purpose of the MOE is to ensure that MCSAP lead agencies are committed to maintaining their own State funded CMV safety programs, notwithstanding Federal funding.
A MCSAP lead agency must maintain within each federal fiscal year a MOE that is at least equal to the average expenditure of the MCSAP lead agency for MCSAP eligible activities in Fiscal Years (FY) 2004 and 2005. Expenditures of other State agencies, local agencies, or sub-grantees (whether supported by MCSAP grant funds or not), other Federal funds, and MCSAP lead agency matching funds are not included in the MOE calculation.
MCSAP lead agencies must self-certify (per 49 CFR §§ 350.211(h) and 350.213(n)) that the calculated MOE will be met each fiscal year and reflect their MOE in their CVSP. The State must annually submit its MOE substantiation document to FMCSA to support the actual expenditures during the fiscal year. A MCSAP lead agency must also maintain documentation of the actual MOE expenditures on MCSAP-eligible activities for verification by FMCSA.
A MCSAP lead agency may request an adjustment to the required level of effort. FMCSA (upon request from the MCSAP lead agency) may waive or make reasonable adjustments to the MOE requirements for a total of one fiscal year per request, if FMCSA determines that the waiver or modification is reasonable based on extraordinary circumstances described and documented by the MCSAP lead agency. This reasonable adjustment or waiver is valid for only one fiscal year, and a State must reapply each fiscal year.
See the MCSAP Comprehensive Policy (MCP) for additional information regarding funding MOE.