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Nonsupplanting Requirement

State, local, or tribal funds budgeted to pay for sworn officer positions irrespective of the receipt of CHRP grant funds may not be reallocated to other purposes or refunded as a result of a CHRP grant being awarded. Non-federal funds must remain available for and devoted to that purpose, with CHRP funds supplementing those non-federal funds. Funding awarded cannot be obligated until after the grant award start date. This means that CHRP funds cannot be applied to any agency cost prior to the award start date. In addition, your agency must take active and timely steps pursuant to its standard procedures to fully fund law enforcement costs already budgeted as well as fill all locally-funded vacancies resulting from attrition during the life of the grant.

Why This Condition:

The COPS statute nonsupplanting requirement mandates that grant funds may not be used to replace state or local funds (or, for tribal grantees, Bureau of Indian Affairs funds) that would, in the absence of federal aid, be made available for the grant purposes. Instead, CHRP grant funds must be used to increase the total amount of funds that would otherwise be made available for hiring and/or rehiring law enforcement officers.

What You Should Do:

Documentation that may be used to prove that scheduled lay-offs or budget cuts are occurring for local economic reasons that are unrelated to the availability of CHRP grant funds may include (but are not limited to) council or departmental meeting minutes, memoranda, notices, or orders discussing the lay-offs; notices provided to the individual officers regarding the date(s) of the lay-offs; and/or budget documents ordering departmental and/or jurisdiction-wide budget cuts. These records must be maintained with your agency’s CHRP grant records during the grant period and for three years following the official closeout of the CHRP grant in the event of an audit, monitoring, or other evaluation of your grant compliance.

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