2018-11820. Reallotment of Fiscal Year 2017 Funds for the Low Income Home Energy Assistance Program (LIHEAP)

AGENCY:

Division of Energy Assistance, Office of Community Services (OCS), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS).

ACTION:

Notice of public comment on the determination concerning funds available for reallotment.

SUMMARY:

Notice is hereby given of a preliminary determination that funds from the fiscal year (FY) 2017 Low Income Home Energy Assistance Program (LIHEAP) are available for reallotment to States, Territories, Tribes, and Tribal Organizations that received FY 2018 direct LIHEAP grants. No subgrantees or other entities may apply for these funds.

Section 2607(b)(1) of the Low Income Home Energy Assistance Act (the Act), (42 U.S.C. 8626(b)(1)) requires that, if the Secretary of HHS determines that, as of September 1 of any fiscal year, an amount in excess of 10 percent of the amount awarded to a grantee for that fiscal year (excluding Leveraging and REACH funds) will not be used by the grantee during that fiscal year, then the Secretary must notify the grantee and publish a notice in the Federal Register that such funds may be reallotted 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 allotted to entities that are not direct LIHEAP grantees during FY 2018.

DATES:

Submit comments on or before July 2, 2018.

ADDRESSES:

Comments may be submitted to: J. Janelle George, Acting Director, Office of Community Services, Administration for Children and Families, U.S. Department of Health and Human Services, 330 C Street SW, 5th Floor, Mail Room 5425, Washington, DC 20201.

FOR FURTHER INFORMATION CONTACT:

Lauren Christopher, Director, Division of Energy Assistance, Office of Community Services, Administration for Children and Families, U.S. Department of Health and Human Services, 330 C Street SW, 5th Floor, Mail Room 5425, Washington, DC 20201. Telephone: [phone]. Email: [e-mail].

SUPPLEMENTARY INFORMATION:

It has been determined that $536,595 in LIHEAP funds may be available for reallotment during FY 2018. This determination is based on FY 2017 Carryover and Reallotment Reports which showed that fifteen grantees reported reallotment funds. These grantees were State of Alaska, Aniak Traditional Council, Association of Village Council Presidents, Bristol Bay Native Association, Colorado River Indian Tribes, Hoh Indian Tribe, Jicarilla Apache Nation, Kalispel Tribe of Indians, Little River Band of Ottawa Indians, Miami Tribe of Oklahoma, Navajo Nation, Sac and Fox Nation of Oklahoma, Samish Indian Nation, Three Affiliated Tribes, and Tyme Maidu Tribe Berry Creek Rancheria. Grantees submitted the FY 2017 Carryover and Reallotment Reports to the OCS, as required by regulations applicable to LIHEAP at 45 CFR 96.81(b).

The LIHEAP statute allows grantees who have funds unobligated at the end of the federal fiscal year for which they are awarded to request that they be allowed to carry over up to 10 percent of their full-year allotments to the next federal fiscal year. Funds in excess of this amount must be returned to HHS and are subject to reallotment under section 2607(b)(1) of the Act (42 U.S.C. 8626(b)(1)). The amount described in this notice was reported by grantees as unobligated FY 2017 funds in excess of the amount that these grantees could carry over to FY 2018.

In accordance with section 2607(b)(3) of the Act (42 U.S.C. 8626(b)(3)), comments will be accepted for a period of 30 days from the date of publication of this notice.

After considering any comments submitted, all current LIHEAP grantees will be notified of the final reallotment amount redistributed to them for obligation in FY 2018. This decision will be published in a Dear Colleague Letter that gets posted to ACF's website.

If funds are reallotted, they will be allocated in accordance with section 2604 of the Act (42 U.S.C. 8623) and must be treated by LIHEAP grantees receiving them as an amount appropriated for FY 2018. As FY 2018 funds, they will be subject to all requirements of the Act, including section 2607(b)(2) (42 U.S.C. 8626(b)(2)), which requires that a grantee obligate at least 90 percent 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, 2018.

Estimated Reallotment Amounts of FY 2017 LIHEAP Funds

Grantee name	Reallotment amount
State of Alaska	$10,552
Aniak Traditional Council	840
Association of Village Council Presidents	164,654
Bristol Bay Native Association	13,605
Colorado River Indian Tribes	3,878
Navajo Nation	28,901
Tyme Maidu Tribe Berry Creek Rancheria	3
Little River Band of Ottawa Indians	62,871
Jicarilla Apache Nation	9,317
Three Affiliated Tribes	194,213
Miami Tribe of Oklahoma	77
Sac and Fox Nation of Oklahoma	35,967
Hoh Indian Tribe	4,034
Kalispel Tribe of Indians	1,211
Samish Indian Nation	6,472
Total	536,595

Statutory Authority: 42 U.S.C. 8626.

Elizabeth Leo,

Grants Policy Specialist, Division of Grants Policy, Office of Administration.