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B-209872-O.M. 1 (1984-03-23)

handle is hein.gao/gaobadprk0001 and id is 1 raw text is: UNITED STATES GOVERNMENT GENERAL ACCOUNTING OFFICE Memorandum March 23, 1984 TO Senior Group Director, RCED - Sam A. Mad ia THRU: Senior Attorney, OGC - Gary L. Kepplinier' FROM Attorney-Adviser, OGC - een S. iol nb e. SUBJECT: State Maintenance of Effort Requirements and Carry- over of Federal Grant Funds Under Section 105(b) of the Clean Air Act (File B-209872; Code 089242) At the request of the Chairman, Subcommittee on Over- sight and Investigations, House Committee on Energy and Com- merce, you are reviewing the Environmental Protection Agency's (EPA's) actions in monitoring State funding and expenditures under section 105(b) of the Clean Air Act (CAA), 42 U.S.C. S 7405(b). You asked for our views on two areas of concern: (1) maintenance of effort (MOE) requirements for State and local grantees and (2) carryover of unexpended grant funds to subsequent fiscal years. We discuss these issues below in the order presented. I. Maintenance of Effort Requirements Section 105 of the Clean Air Act, 42 U.S.C. S 7405, authorizes the EPA Administrator to make grants to State and local air pollution agencies to assist them in carrying out programs for the prevention and control of air pollution. EPA awards section 105 grants annually. In order to receive grant funds in subsequent years, State and local governments must maintain their level of spending on air pollution pro- grams for prior fiscal years (MOE requirement). In this regard, section 105(b) of the CAA provides in pertinent part as follows: No agency shall receive any grant under this section during any fiscal year when its expenditures of non-Federal funds for other than nonrecurrent expenditures for air pollution control programs will be less than its expenditures were for such pro- grams during the preceding fiscal year, unless the Administrator, after notice and