(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 fiscal years 2004 and 2005.
(b) Determination of a State's level of effort must not include the following three things:
(1) Federal funds received for support of motor carrier and hazardous materials safety enforcement.
(2) State matching funds.
(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 the lead agency responsible for implementing the CVSP that receives funds under this part. It must include only those activities which meet the current requirements for funding eligibility under the grant program. [65 FR 15102, Mar. 21, 2000, as amended at 72 FR 36770, July 5, 2007; 78 FR 60231, Oct. 1, 2013]