(a) The State must maintain the average aggregate expenditure of the State and its political subdivisions, exclusive of Federal funds and State matching funds, for CMV safety programs eligible for funding under this part at a level at least equal to the average level of expenditure for the 3 full fiscal years beginning after October 1 of the year 5 years prior to the beginning of each Government fiscal year.

(b) Determination of a State’s level of effort must not include the following three things:

(b)(1) Federal funds received for support of motor carrier and hazardous materials safety enforcement.

(b)(2) State matching funds.

(b)(3) State funds used for federally sponsored demonstration or pilot CMV safety programs.

(c) The State must include costs associated with activities performed during the base period by State or local agencies currently receiving or projected to receive funds under this part. It must include only those activities which meet the current requirements for funding eligibility under the grant program.

[65 FR 15105, Mar. 21, 2000; 72 FR 36770, July 5, 2007]