This document provides advice regarding the annual calculation of maintenance of effort (MOE) required of the states to qualify for three of the Section 405 grant programs. The Advisory is based upon the official NHTSA Guidance and includes examples from three states.
Each state is responsible for calculating their MOE in a manner which they believe meets the statutory requirement using their best available information.
*January 13, 2017: This Advisory was developed in 2014 to provide guidance for compliance with the MOE requirements contained in MAP-21. Annually on March 31, and until all MAP-21 Section 405B, C and D funds are spent, States are required to submit to their NHTSA Region the MOE information outlined in this Advisory.
Beginning March 31, 2018, States will be required to submit new MOE calculations based on the FAST Act regulations for FY2017 FAST Act Section 405B, C and D funds. The definition of “lead state agency” included in the Act is currently under consideration by NHTSA within the new Interim Final Regulations, 23 CFR Part 1300. When the regulation is finalized, GHSA will amend this Advisory accordingly.