Sections 4101 and 4107 of SAFETEA-LU authorize the Motor Carrier Safety Grants funding for FY 2005 through FY 2009. MCSAP Basic and Incentive grants are governed by 49 USC 31102-31104 and 49 CFR Part 350. Under the Basic and Incentive grant programs, a State lead MCSAP agency, as designated by its Governor, is eligible to apply for Basic and Incentive grant funding by submitting a commercial vehicle safety plan (CVSP), in accordance with the provisions of 49 CFR 350.201 and 205. Pursuant to 49 CFR 350.303, FMCSA will reimburse each State's lead MCSAP agency 80 percent of eligible costs incurred in a fiscal year. Each lead agency will provide a 20 percent match of funds to qualify for the program. No match is required for the territories with the exception of Puerto Rico. In accordance with 49 CFR 350.323, the Basic grant funds will be distributed proportionally to each State's lead MCSAP agency using the following four, equally weighted (25 percent) factors:

1. 1997 road miles (all highways) as defined by the FMCSA;
2. All vehicle miles traveled (VMT) as defined by the FMCSA;
3. Population — annual census estimates as issued by the U.S. Census Bureau; and
4. Special fuel consumption (net after reciprocity adjustment) as defined by the FMCSA.

A State lead MCSAP agency may qualify for Incentive Funds if it can demonstrate that its CMV safety program has shown improvement in any or all of the following five categories:

1. Reduction in the number of large truck-involved fatal accidents;
2. Reduction in the rate of large-truck-involved fatal accidents or maintenance of a large- truck-involved fatal accident rate that is among the lowest 10 percent of such rates for MCSAP recipients and is not higher than the rate most recently achieved;
3. Upload of CMV accident reports in accordance with current FMCSA policy guidelines;
4. Verification of Commercial Driver's Licenses during all roadside inspections; and
5. Upload of CMV inspection data in accordance with current FMCSA policy guidelines.

Incentive funds will be distributed in accordance with 49 CFR 350.327(b).

Prior to the start of each fiscal year, FMCSA calculates the amount of Basic and Incentive Funding each State is expected to receive. This information is provided to the States and is made available on the Agency's website. The FY 2009 information is available on the Estimated FY 2009 MCSAP Funding Planning Distribution form www.fmcsa.dot.gov/documents/safety-security/ATTCHMNT3-Est-09-Funding-Planning-Dist.pdf.

It should be noted that Basic and Incentive grants are awarded based on the State's submission of the Commercial Vehicle Safety Plan. Submission of applications to grants.gov is not necessary.