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Page 1 of 2 <br />Amber Grier - Federal Guidance - Program Income <br />From: "Herring, Petrina" <PetrinaHerring@fdle.state.fl.us> <br />To: "jbrown@ircgov.com" <jbrown@ircgov.com>, "croberts@ircgov.com" <croberts... <br />Date: 9/8/2015 4:17 PM <br />Subject: Federal Guidance - Program Income <br />CC: "Robinette, Tennille" <TennilleRobinette@fdle.state.fl.us>, "Smyth,Randa... <br />Per our conversation, below are some of the federal guidance excerpts on managing and reporting program income on <br />federal awards. I have contacted DOJ and will let you know as soon as we have a response. Additional information can <br />be located in the OJP Financial Guide here, and the OMB Uniform Grant Guidance can be found here. <br />Thank you, <br />Petrina Herring <br />FDLE Office of Criminal Justice Grants <br />(850) 617-1264 <br />OMB Uniform Grant Guidance (2 CFR Part 200) <br />§200.307 Program income. <br />(a) General. Non -Federal entities are encouraged to earn income to defray program costs where appropriate. <br />(b) Cost of generating program income. If authorized by Federal regulations or the Federal award, costs incidental to the <br />generation of program income may be deducted from gross income to determine program income, provided these costs have not <br />been charged to the Federal award. <br />(c) Governmental revenues. Taxes, special assessments, levies, fines, and other such revenues raised by a non -Federal entity <br />are not program income unless the revenues are specifically identified in the Federal award or Federal awarding agency regulations <br />as program income. <br />(d) Property. Proceeds from the sale of real property, equipment, or supplies are not program income; such proceeds will be <br />handled in accordance with the requirements of Subpart D—Post Federal Award Requirements of this part, Property Standards <br />§§200.311 Real property, 200.313 Equipment, and 200.314 Supplies, or as specifically identified in Federal statutes, regulations, or <br />the terms and conditions of the Federal award. <br />(e) Use of program income. If the Federal awarding agency does not specify in its regulations or the terms and conditions of <br />the Federal award, or give prior approval for how program income is to be used, paragraph (e)(1) of this section must apply. For <br />Federal awards made to IHEs and nonprofit research institutions, if the Federal awarding agency does not specify in its regulations or <br />the terms and conditions of the Federal award how program income is to be used, paragraph (e)(2) of this section must apply. In <br />specifying alternatives to paragraphs (e)(1) and (2) of this section, the Federal awarding agency may distinguish between income <br />earned by the recipient and income earned by subrecipients and between the sources, kinds, or amounts of income. When the <br />Federal awarding agency authorizes the approaches in paragraphs (e)(2) and (3) of this section, program income in excess of any <br />amounts specified must also be deducted from expenditures. <br />(1) Deduction. Ordinarily program income must be deducted from total allowable costs to determine the net allowable costs. <br />Program income must be used for current costs unless the Federal awarding agency authorizes otherwise. Program income that the <br />non -Federal entity did not anticipate at the time of the Federal award must be used to reduce the Federal award and non -Federal <br />entity contributions rather than to increase the funds committed to the project. <br />(2) Addition. With prior approval of the Federal awarding agency (except for IHEs and nonprofit research institutions, as <br />described in paragraph (e) of this section) program income may be added to the Federal award by the Federal agency and the non - <br />Federal entity. The program income must be used for the purposes and under the conditions of the Federal award. <br />(3) Cost sharing or matching. With prior approval of the Federal awarding agency, program income may be used to meet the <br />cost sharing or matching requirement of the Federal award. The amount of the Federal award remains the same. <br />(f) Income after the period of performance. There are no Federal requirements governing the disposition of income earned <br />after the end of the period of performance for the Federal award, unless the Federal awarding agency regulations or the terms and <br />conditions of the Federal award provide otherwise. The Federal awarding agency may negotiate agreements with recipients <br />regarding appropriate uses of income earned after the period of performance as part of the grant closeout process. See also <br />§200.343 Closeout. <br />(g) Unless the Federal statute, regulations, or terms and conditions for the Federal award provide otherwise, the non -Federal <br />entity has no obligation to the Federal awarding agency with respect to program income earned from license fees and royalties for <br />copyrighted material, patents, patent applications, trademarks, and inventions made under a Federal award to which 37 CFR part <br />401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Awards, Contracts and <br />34 <br />