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

Possible Reallotment of FY 1999 LIHEAP Funds in FY 2000

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THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN LIHEAP INFORMATION MEMORANDUM TRANSMITTAL
NO. LIHEAP-IM-2000-24, DATED 8/3/00


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

SUBJECT:       Possible Reallotment of FY 1999 LIHEAP Funds
               in FY 2000

RELATED
REFERENCES:    Low Income Home Energy Assistance Act, Title XXVI
               of the Omnibus Budget Reconciliation Act of 1981,
               Public Law 97-35, as amended; Federal Register
               notice dated July 19, 2000 (65 FR 44791).

PURPOSE:       To advise grantees and interested parties of
               a preliminary determination by HHS to reallot
               excess carryover funds from FY 1999 to grantees as
               part of their FY 2000 LIHEAP allotments.

CONTENT:       Section 2607(b) of the LIHEAP statute allows
               grantees that will not obligate all of their
               LIHEAP allotment by the close of a fiscal year to
               carry over up to 10 per cent of their allocation
               into the following fiscal year.  Any unobligated
               funds in excess of the 10 per cent carryover limit
               may not be used by the grantee, and must be
               returned to HHS for reallotment to LIHEAP grantees
               the following fiscal year.  Two LIHEAP grantees
               have reported to us that they have determined that
               they had a total of $496,085.78 in 1999 funds that
               were in excess of their carryover limits.

               In accordance with Section 2607(b) of
               the LIHEAP statute, as amended, a notice was
               published in the Federal Register on July 19, 2000
               (65 FR 44791) announcing the Secretary's
               preliminary determination that $496,085.78 in FY
               1999 LIHEAP funds from two grantees might be
               available for reallotment to other LIHEAP
               grantees.  A copy of that notice is attached to
               this memorandum.

               Also in accordance with the requirements of
               Section 2607(b) of the Act, we wrote the two
               grantees that reported the excess funds on July 20
               to report the Secretary's preliminary
               determination to reallot those funds and gave them
               30 days to comment.  At the end of the comment
               period, we will make a final determination on
               whether to reallot the funds.  Should funds be
               reallotted, they would be distributed to most
               current LIHEAP grantees based upon the allocation
               formula contained in section 2604 of the Act and
               under the terms of applicable State/Tribe
               agreements, except that HHS would not issue grants
               under $25 because the cost of issuing the grant
               for that amount is greater than the amount of the
               grant.  Grants under $25 that would have gone to
               Indian Tribes or Tribal organizations would be
               awarded instead to the State(s) in which they are
               located.  Grants under $25 that would have gone to
               insular areas would be allocated instead among the
               other insular areas.

               These reallotted funds would be distributed by the
               statutory formula used for the allocation of
               regular block grant funds to States, Indian Tribes
               and Tribal organizations, and insular areas that
               are currently grantees under the LIHEAP program
               for FY 2000.  No other entities may apply for or
               receive the funds from HHS.

               Any reallotted funds would have to be
               treated by LIHEAP grantees receiving them as an
               amount appropriated for FY 2000. As FY 2000 funds,
               they would be subject to all of the requirements
               of the Act, including section 2607(b)(2), which
               requires that a grantee must obligate at least 90%
               of its total block grant allocation for a fiscal
               year (including regular block grant funds,
               emergency contingency awards, and these reallotted
               funds) by the end of the fiscal year for which the
               funds are appropriated, that is, by September 30,
               2000.  For that reason, we are attaching draft
               allocation charts showing the amounts that States,
               Indian Tribes/Tribal organizations, and insular
               areas would receive if the total amount of
               $496,085 were reallotted.

               NOTE:  Grantees who have submitted the Carryover
               and Reallotment Reports for FY 2000
               (see LIHEAP-AT-97-2) must revise the
               reports to include any amount they receive
               under the reallotment process that will
               be carried over to FY 2000.

ATTACHMENTS:   (1) Federal Register notice dated July 19, 2000
                   (65 FR 44791)announcing the preliminary
                   determination to reallot funds.

               (2) Draft FY 2000 allocations showing the
                   amount of reallotted funds from FY 1999
                   that LIHEAP grantees would receive
                   if funds were reallotted, based on $496,085.

INQUIRIES 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
               Telephone:  (202) 401-9351
               Fax:  (202) 401-5718
               E-mail:  jmfox@acf.dhhs.gov




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



[Federal Register: July 19, 2000 (Volume 65, Number 139)]
[Notices]
[Page 44791]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy00-90]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Reallotment of FY 1999 Funds for Low Income Home Energy
Assistance Program (LIHEAP)

AGENCY: Office of Community Services, ACF, DHHS.

ACTION: Notice of determination concerning funds available for
reallotment.

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SUMMARY: Notice is hereby given that a preliminary determination has
been made that fiscal year (FY) 1999 Low Income Home Energy Assistance
Program (LIHEAP) funds are available for reallotment to States,
territories, and Tribes and tribal organizations receiving FY 2000
direct LIHEAP funding. No subgrantees or other entities may apply for
the funds, Section 2607(b)(1) of the Low Income Home Energy Assistance
Act (the Act), Title XXVI of the Omnibus Budget Reconciliation Act of
1981 (42 U.S.C. 8621 et seq.), as amended, requires that if the
Secretary of the Department of Health and Human Services determines
that, as of September 1 of any fiscal year, an amount in excess of
certain levels allotted to a grantee for any fiscal year will not be
used by the grantee during the fiscal year, the Secretary must notify
the grantee and publish a notice in the Federal Register that such
funds may be realloted to LIHEAP grantees during the following fiscal
year. If reallotted, the LIHEAP block grant allocation formula will be
used to distribute the funds. (No funds may be reallotted to entities
that are not direct LIHEAP grantees during FY 2000). It has been
determined that $496,085.78 may be available for reallotment during FY
2000. This determination is based on revised reports from the State of
Wyoming and the Pala Band of Mission Indians, which were submitted to
the Office of Community Services as required by 45 CFR 96.82.
    The statute allows grantees who have funds unobligated at the end
of the fiscal year for which they are awarded to request that they be
allowed to carry over up to 10 percent of their allotments to the next
fiscal year. Funds in excess of this amount must be returned to DHHS
and are subject to reallotment under section 2607(b)(1) of the Act. The
amount described in this notice was reported as unobligated FY 1999
funds in excess of the amount that the State of Wyoming and the Pala
Band of Mission Indians could carry over to FY 2000.
    The State of Wyoming was notified by certified mail that
$493,063.78 of its FY 1999 funds may be allotted. Additionally, the
Pala Band of Mission Indians was notified by certified mail that $3,022
of its FY 1999 funds may be reallotted. In accordance with section
2607(b)(3), the Chief Executive Officers of the State of Wyoming and of
the Pala Band of Mission Indians have 30 days from the date of the
letter to submit comments to: Donald Sykes, Director, Office of
Community Services, 370 L'Enfant Promenade, SW., Washington, DC 20447.
The comment period expires August 18, 2000.
    After considering any comments submitted, the Chief Executive
Officers will be notified of the decision, and the decision also will
be published in the Federal Register. If funds are reallotted, they
will be allocated in accordance with section 2604 of the Act and must
be treated by LIHEAP grantees receiving them as an amount appropriated
for FY 2000. As FY 2000 funds, they will be subject to all requirements
of the Act, including section 2607(b)(2), which requires that a grantee
obligate at least 90% of its total block grant allocation for a fiscal
year by the end of the fiscal year for which the funds are
appropriated, that is, by September 30, 2000.

FOR FURTHER INFORMATION CONTACT: Janet Fox, Director, Division of
Energy Assistance, Office of Community Services, 370 L'Enfant
Promenade, SW., Washington, DC 20447; telephone (202) 401-9351.

    Dated: June 30, 2000
Donald Sykes,
Director, Office of Community Services.
[FR Doc. 00-18141 Filed 7-18-00; 8:45 am]
BILLING CODE 4184-01-M

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