Maintenance of Expenditures (MOE) certification by the entity or State must meet the conditions for grant approval. The State must agree that the total expenditure of the amounts of the State and political subdivisions of the State, exclusive of amounts from the United States, for carrying out border commercial vehicle safety programs and related enforcement activities and projects. The State must agree that the total expenditures will be maintained at a level at least equal to the average level of that expenditure by the State and political subdivisions of the State for the last 2 State or Federal fiscal years ending before October 1, 2005, whichever the State designates.

The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) defines the requirement for MOE.