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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 FY 1997 LIHEAP Plan Amendments to include leveraging resources or activities and Leveraging Reports on FY 1997 leveraging activities, in order to qualify for FY 1998 leveraging incentive fund grant awards


To LIHEAP Home Page | To LIHEAP Memoranda/Transmittals Page


NOTE: The attachments are not included in this file. However, the Leveraging Report Form and Instructions are available for downloading as WordPerfect 5.1 files (with soft fonts) on the LIHEAP web site at: http//www.acf.dhhs.gov/programs/liheap/ta.htm#FORMS

THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR CHILDREN AND
FAMILIES IN LIHEAP ACTION TRANSMITTAL NO. LIHEAP-AT-97-5, DATED 9/10/97


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

SUBJECT:         Submission of FY 1997 LIHEAP Plan Amendments to include
                 leveraging resources or activities and Leveraging Reports
                 on FY 1997 leveraging activities, in order to qualify for
                 FY 1998 leveraging incentive fund grant awards

DUE DATES:       (1)  September 30, 1997 for amendments to FY 1997 plans
                 for leveraging activities carried out during FY 1997; and

                 (2)  November 30, 1997 for applications for FY 1998
                 leveraging awards based on FY 1997 leveraging activities.

RELATED          Low Income Home Energy Assistance Act of 1981
REFERENCES:      (title XXVI of the Omnibus Budget Reconciliation Act of
                 1981, Public Law 97-35, as amended); 45 CFR Part 96,
                 Block Grant Programs--Final Rule, published in the
                 Federal Register on May 1, 1995 (60 FR 21322 et seq.)
                 (included in LIHEAP-IM-95-20)

PURPOSE:         To inform LIHEAP grantees that they must submit LIHEAP
                 plan amendments including and/or revising descriptions of
                 leveraging activities that took place in fiscal year (FY)
                 1997 by September 30, 1997.  Grantees must also submit
                 Leveraging Reports covering leveraging activities that
                 took place in FY 1997 to the Office of Community Services
                 (OCS) by November 30, 1997, in order to qualify for FY
                 1998 leveraging incentive fund awards.  The required
                 Leveraging Report forms and instructions for their
                 completion are attached.

BACKGROUND:      The LIHEAP leveraging incentive program rewards  LIHEAP
                 state, tribal, and territorial grantees who 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 leveraging
                 incentive program on May 1, 1995 (60 FR 21332).  The May
                 1995 leveraging final rule replaced the interim final
                 rule published in 1992, and became effective on October
                 1, 1995, the first day of FY 1996.  It therefore applies
                 to the leveraging activities that grantees report to HHS
                 for FY 1996 and following years.  Leveraging requirements
                 in the regulations 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 1998 incentive awards will be
                 allocated to grantees based on countable leveraged
                 resources that were provided to low income households in
                 FY 1997.

                 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:         Amendments to FY 1997 Plans

                 Grantees must submit FY 1997 LIHEAP plan amendments
                 containing description of leveraging activities or
                 revised descriptions of existing leveraging activities to
                 OCS by September 30, 1997.  These amendments should
                 address questions raised by LIHEAP staff during our
                 review of FY 1996 leveraging reports.  Grantees may wish
                 to amend their FY 1997 LIHEAP plans to make revisions in
                 the description of leveraged resources to meet
                 requirements of section 96.87(d)(2)(iii)(A-H) for those
                 resources that were integrated and coordinated with the
                 LIHEAP.  Please remember that, under these criteria, the
                 plan must include a description of each resource, its
                 source, and a description of how it is integrated and
                 coordinated with LIHEAP.


                 Applications for FY 1998 Leveraging Incentive Awards

                 Grantees that wish to apply for LIHEAP leveraging
                 incentive funds to be awarded in FY 1998 must submit a
                 LIHEAP Leveraging Report on their FY 1997 leveraging
                 activities to OCS by November 30, 1997.  The reports must
                 be postmarked or hand-delivered to OCS by this date, or
                 they will not be accepted.  (Note:  Because November 30
                 is on a Sunday, we will accept leveraging reports
                 postmarked
                 December 1, 1997).

                 The reports should cover only leveraged
                 resources/benefits that were provided to low income
                 households in FY 1997.  FY 1997 leveraging activities
                 were to be carried out under 45 CFR 96.87 of the final
                 rule published May 1, 1995.

                 The attached Leveraging Report form is the same one that
                 was used for FY 1996 reports.
                 The FY 1998 HHS appropriations law includes funding of
                 $25,000,000 for the LIHEAP leveraging incentive program
                 and Residential Energy Assistance Challenge (REACH)
                 program.  The LIHEAP statute directs that REACH funding
                 be "not more than 25 percent" of the amount appropriated
                 for the leveraging incentive program.  We expect that FY
                 1998 leveraging incentive awards will total $18,750,000
                 (75% of $25,000,000) and FY 1998 REACH awards will total
                 $6,250,000 (25% of $25,000,000).

                    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, 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 for grantees who have WordPerfect
                 5.1 and soft fonts.

                 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 and the part of
                 the final rule's preamble that deals with the leveraging
                 incentive program.

                 We ask that grantees 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.  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, 1996, and September 30, 1997.
                 Re-check the mathematical calculations.  Enter the
                 numbers (other than 0) in items 1B, 1C, 1D, and 1E of the
                 Resource/Benefit Description Pages, and 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) in 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 vendors through  negotiation, regulation, and/or
                 competitive bid.  Only resources obtained from energy
                 vendors, e.g., utility companies or delivered fuel
                 vendors, may be counted under criterion (i).

                 To meet criterion (ii) of section 96.87(d)(2), the
                 grantee must appropriate or mandate the resource/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.  In other words, 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.  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.  Benefits that
                 supplement LIHEAP benefits that were inadequate 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 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.

                 To be countable under criterion (ii) of section
                 96.87(d)(2), resources/benefits provided to low income
                 households in FY 1997 must be covered under the grantee's
                 FY 1997 LIHEAP plan, although they do not necessarily
                 have to be mentioned by name in the plan.  For
                 resources/benefits to be countable under criterion (iii)
                 of section 96.87(d)(2), the grantee's FY 1997 LIHEAP plan
                 must identify and describe the resources/benefits, their
                 source(s), and their integration/coordination with the
                 LIHEAP program.  Any amendments to FY 1997 LIHEAP plans
                 to incorporate leveraged resources/benefits that were
                 provided to low income households in FY 1997 must be made
                 by September 30, 1997, the last day of the base period;
                 these amendments must be post-marked or hand-delivered to
                 OCS by this date.

                    Submission of Leveraging Reports

                 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:

                   Janet M. Fox, 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
                 that is the case, your LIHEAP program analyst will
                 contact you during the review of the leveraging reports
                 to request that information.

INQUIRIES:       Jan Fox (202-401-9351), Linda Hill (202-401-9356), Ann
                 Bowker (202-401-5308), or your LIHEAP program analyst.

ATTACHMENTS:     LIHEAP Leveraging Report Form, Parts 1 and 2 (Form No.
                 ACF-119, OMB Clearance No. 0970-0121, expiration date
                 February 28, 2000);

                 a Sample Leveraging Summary Worksheet; and

                 Instructions for Completing LIHEAP Leveraging Report
                 Forms.



                                       _______________/s____________
                                       Janet M. Fox
                                       Director
                                       Division of Energy Assistance
                                       Office of Community Services

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