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Administration for Children and Families US Department of Health and Human Services

Low Income Home Energy Assistance Program
Division of Energy Assistance/OCS/ACF

Submission of leveraging reports on FY 2002 leveraging activities, in order to qualify for FY 2003 leveraging incentive fund grant awards, and amendment of FY 2002 LIHEAP plans as necessary to add information on leveraging carried out in FY 2002.


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THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN LIHEAP ACTION TRANSMITTAL NO. LIHEAP-
AT-2002-5, DATED 8/2/02


TO:            LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)
               GRANTEES AND OTHER INTERESTED PARTIES

SUBJECT:       Submission of leveraging reports on FY 2002
               leveraging activities, in order to qualify for FY
               2003 leveraging incentive fund grant awards, and
               amendment of FY 2002 LIHEAP plans as necessary to
               add information on leveraging carried out in FY
               2002.

RELATED        Low Income Home Energy Assistance Act, title
REFERENCES:    XXVI of the Omnibus Budget Reconciliation Act of
               1981, Public Law 97-35, as amended; final rule
               published in the Federal Register on May 1, 1995
               (60 FR 21322 et seq.) (See LIHEAP-IM-95-20);
               45 CFR 96.87 in the Department of Health and
               Human Services block grant regulations
               (see LIHEAP-IM-99-19).

DUE DATES:     (1) September 30, 2002, for amendments to FY 2002
               LIHEAP plans to add information on leveraging
               activities carried out during FY 2002; and

               (2) November 30, 2002, for applications for FY
               2003 leveraging incentive fund grant awards based
               on FY 2002 leveraging activities.

PURPOSE:       (1) To remind LIHEAP grantees that they must
               submit LIHEAP plan amendments adding and/or
               revising descriptions of certain leveraging
               activities that took place in fiscal year (FY) 2002
               to the Office of Community Services (OCS) by
               September 30, 2002, in order to have them qualify
               for FY 2003 leveraging incentive funds.

               (2) To remind LIHEAP grantees that they must
               submit reports covering leveraging activities that
               took place in FY 2002 to OCS by November 30, 2002,
               in order to qualify for FY 2003 leveraging
               incentive fund awards.  The required Leveraging
               Report forms and the instructions for their
               completion are attached.

BACKGROUND:    The LIHEAP leveraging incentive program rewards
               LIHEAP state, tribal, and territorial grantees
               that have acquired nonfederal home energy resources
               for low income households, expanding the effect of
               their federal LIHEAP funding.

               The Department of Health and Human Services (HHS)
               issued final implementing regulations for the
               LIHEAP leveraging incentive program on May 1, 1995
               (60 FR 21322 et seq.).  These leveraging
               regulations are included in the HHS block grant
               regulations at 45 CFR 96.87.  They are based
               closely on the leveraging requirements in section
               2607A of the Low Income Home Energy Assistance
               Act.

               Under the leveraging incentive program, leveraging
               incentive awards in a fiscal year (the award
               period) are based on countable leveraged
               resources/benefits that were provided to low
               income households during the previous fiscal year
               (the base period).  For example, FY 2003
               leveraging incentive awards will be allocated to
               grantees based on countable leveraged resources
               that were provided to low income households in FY
               2002.

               Grantees desiring leveraging incentive funds must
               submit an application-the LIHEAP Leveraging
               Report-that describes and quantifies the
               leveraging activities they carried out during the
               base period.  HHS then determines whether the
               reported activities meet the requirements of the
               LIHEAP statute and regulations, and therefore are
               countable under the program.  Leveraging incentive
               funds are allocated using a formula that takes
               into account the value of each applicant's
               countable leveraged resources compared to its
               regular LIHEAP allotment and to the total amount
               leveraged by all applicants.

CONTENT:       Applications for FY 2001 Leveraging Incentive Awards

               Grantees that wish to apply for LIHEAP leveraging
               incentive funds to be awarded in FY 2003 must
               submit a LIHEAP Leveraging Report on their FY 2002
               leveraging activities to OCS by November 30, 2002.
               The reports must be postmarked or hand-delivered
               to OCS by this date, or they will not be accepted.
               The reports should cover only countable leveraged
               resources/benefits that were provided to low
               income households in FY 2002.  FY 2002 leveraging
               activities must be carried out under 45 CFR 96.87,
               consistent with the final rule published May 1,
               1995.

               The amount of LIHEAP funds that will be available
               for leveraging awards in FY 2003 is uncertain.
               The amount that will be available will be
               indicated in the FY 2003 LIHEAP appropriation.  We
               expect to set aside for Residential Energy
               Assistance Challenge option program (REACH)  the
               full 25% allowable out of these funds earmarked
               for leveraging.

               Leveraging Report Forms

               The LIHEAP Leveraging Report consists of two
               parts.  Part 1, the Resource/Benefit Description
               Pages, is a two-page form that is to be completed
               for each separate leveraged resource that a
               grantee proposes to count for this base period.
               It requests information that will enable HHS to
               determine whether each resource meets the
               requirements of the LIHEAP statute and the May
               1995 final rule and is therefore countable.  Part
               2 of the Leveraging Report, the Summary Page, is
               to show the grand totals for all of the grantee's
               proposed leveraged resources; it also is to
               include a certifying signature by the grantee's
               chief executive officer or designee.  (If a
               designee signs, the grantee should be sure that
               OCS has a copy of the delegation of authority.)

               Grantees may use their own versions of Part 1 if
               they use the same format and wording as the pre-
               printed form.  They must use HHS's version of Part
               2.  The forms are available on diskette upon
               request, and on our LIHEAP web site at
               http://www.acf.hhs.gov/programs/liheap.
               Grantees also may wish to use the Sample
               Leveraging Summary Worksheet, to record the
               financial information from item 1 of the
               Resource/Benefit Description Pages for each
               resource and to calculate the grand totals to be
               entered on the Summary Page.  Completing this
               worksheet would help ensure that no amounts are
               omitted or double-counted and that the
               calculations are correct.

               Applicants for leveraging incentive funds should
               carefully read and follow the Instructions for
               Completing LIHEAP Leveraging Report Forms.  They
               also should consult section 96.87 of the May 1995
               final rule (45 CFR 96.87 in the HHS block grant
               regulations) and the part of the final rule's
               preamble that deals with the leveraging incentive
               program.

               Grantees should ensure that their Leveraging
               Reports are complete and accurate before they
               submit them, in order to speed up the review and
               award process for everyone.  Grantees should be
               sure that all submitted resources/benefits meet
               the requirements of the LIHEAP statute and
               regulations and were provided to low income
               households between October 1, 2001, and September
               30, 2002.  They should re-check their mathematical
               calculations, and enter the numbers in items 1B,
               1C, 1D, and 1E of the Resource/Benefit Description
               Pages, and the numbers on the Summary Page, as
               whole numbers rounded to the nearest whole dollar,
               or rounded to the nearest multiple of 10 or 100.

               In some of the Leveraging Reports for prior fiscal
               years, states' local administering agencies
               completed the Resource/Benefit Description Pages
               for activities taking place in their areas.  The
               quality of the reporting varied significantly
               among the local agencies.  If a state uses this
               process, it should review the forms before
               submitting them to OCS and ensure that all items
               are complete and accurate, that the activities
               took place during the proper base period and meet
               the requirements of the statute and regulations,
               and that the state (not the local agency) is shown
               as the LIHEAP grantee.  The resources should be
               numbered sequentially for the state as a whole,
               rather than starting over with #1 for each local
               agency.

               Leveraging Requirements

               In order to count under the leveraging incentive
               program, a resource/ benefit must meet all of the
               requirements of 45 CFR 96.87(d)(1) and at least
               one of the three criteria/requirements of 45 CFR
               96.87(d)(2), consistent with the May 1995 final
               rule.

               To meet criterion (i) of section 96.87(d)(2), the
               grantee's LIHEAP program, at the central and/or
               local agency level, must have a substantive role
               in developing and/or acquiring the
               resource/benefits from energy vendor(s) through
               negotiation, regulation, and/or competitive bid.
               Only resources obtained from energy vendors (for
               example, utility companies and delivered fuel
               vendors) may be counted under criterion (i).
               Resources counted under criterion (i) do not need
               to be described/covered in grantees' LIHEAP plans.

               To meet criterion (ii) of section 96.87(d)(2), the
               grantee must appropriate or mandate the
               resources/benefits for distribution to low income
               households through (within or as a part of) its
               LIHEAP program, in accordance with the LIHEAP
               statute and regulations and the grantee's LIHEAP
               plan and program policies that were in effect
               during this base period.  The benefit from the
               resource is a part of a household's LIHEAP
               benefit, not an additional benefit that is not
               part of the LIHEAP program.  The plan must include
               the type of assistance/benefits that are provided
               by the resource, although the leveraged
               resources/benefits do not necessarily have to be
               mentioned by name in the plan.  Under this
               criterion, for example, a grantee could not count
               assistance with cooling costs or purchase of fans
               if the plan did not include these activities for
               the regular LIHEAP program.  (Leveraged benefits
               that supplement LIHEAP benefits that were
               inadequate, but that are distributed outside the
               LIHEAP program, would not count under criterion
               (ii).  Grantees should look to criterion (iii) for
               such resources.)

               To meet criterion (iii) of section 96.87(d)(2),
               the grantee must appropriate or mandate the
               resource/benefits for distribution to low income
               households as described in its LIHEAP plan, as a
               supplement and/or alternative to its LIHEAP
               program, integrated and coordinated with its
               LIHEAP program, but outside (not through, within,
               or as a part of) its LIHEAP program.  Under this
               criterion, the resource must meet at least 1 of 8
               listed conditions (conditions (A) - (H)) to
               demonstrate that it is integrated and coordinated
               with the grantee's LIHEAP program.  (A single
               leveraged resource/benefit cannot be counted under
               both criterion (ii) and criterion (iii), because a
               single resource/benefit cannot be provided both
               through (criterion (ii)) and outside (criterion
               (iii)) the grantee's LIHEAP program.)  For
               resources/benefits to be countable under criterion
               (iii), the grantee's FY 2002 LIHEAP plan must
               identify and describe the resources/benefits,
               their sources(s), and their integration/coordination
               with the LIHEAP program.

               Submission of Leveraging Reports

               Grantees that wish to apply for FY 2003 leveraging
               incentive fund awards must submit Leveraging
               Reports on their FY 2002 leveraging by November
               30, 2002.  These Leveraging Reports must be
               postmarked or hand-delivered to OCS by this date.

               Grantees should submit the original of the
               completed LIHEAP Leveraging Report to OCS.  We do
               not need additional copies.  Grantees should be
               sure to keep copies for their own files.  The
               completed forms should be sent to:

                    Nick St. Angelo, Director
                    Division of Energy Assistance
                    Office of Community Services, ACF, HHS
                    370 L'Enfant Promenade, S.W.
                    Washington, D.C.  20447

               HHS may require additional documentation and/or
               clarification as it determines necessary to verify
               information in a grantee's Leveraging Report, to
               determine whether a leveraged resource is
               countable, and/or to determine the net valuation
               of a resource.  If this is the case, an OCS staff
               member will contact the grantee during the review
               of the leveraging reports to request the necessary
               information.

               Amendments to FY 2002 Plans

               Grantees must submit any FY 2002 LIHEAP plan
               amendments adding or revising descriptions of FY
               2002 leveraging activities by September 30, 2002.
               These amendments must be postmarked or hand-
               delivered to OCS by this date.

               For leveraged resources/benefits that are provided
               to low income households as part of the grantee's
               LIHEAP program and that are to be counted under
               criterion (ii) of 45 CFR 96.87(d)(2):  the
               grantee's LIHEAP plan must include the type of
               assistance/benefits that are provided by the
               resource.

               For leveraged resources/benefits that are provided
               to low income households as a supplement and/or
               alternative to the grantee's LIHEAP program,
               outside the LIHEAP program but integrated and
               coordinated with it, and that are to be counted
               under criterion (iii) of 45 CFR 96.87(d)(2):  the
               grantee's LIHEAP plan must identify and describe
               each resource, its source, and how it is
               integrated and coordinated with the grantee's
               LIHEAP program.  Grantees should be sure that each
               resource meets the integration/coordination
               requirements of at least one of conditions (A) -
               (H) in section 96.87(d)(2)(iii).

INQUIRIES TO:  Nick St. Angelo, Director
               Division of Energy Assistance
               Telephone:  (202) 401-5306
               Fax:  (202) 401-5661
               E-mail: nstangelo@acf.hhs.gov
               (See address above.)

ATTACHMENTS:   LIHEAP Leveraging Report Form, Parts 1 and 2, and
               Sample Leveraging Summary Worksheet (Form No. ACF-
               119, OMB Clearance No. 0970-0121, expiration date
               7/31/2003); and

               Instructions for Completing LIHEAP Leveraging
               Report Forms.



                          ________________/s_______________
                          Nick St. Angelo
                          Director
                          Division of Energy Assistance
                          Office of Community Services


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URL: http://www.acf.hhs.gov/programs/liheap
Posted on 8/1/02