Proposed Reallotment of Fiscal Year 2023 Funds for the Low Income Home Energy Assistance Program

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Federal RegisterSep 19, 2024
89 Fed. Reg. 76844 (Sep. 19, 2024)
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    Department of Health and Human Services Administration for Children and Families
  • [CFDA Number: 93.568]
  • AGENCY:

    Office of Community Services (OCS), Administration for Children and Families (ACF), Department of Health and Human Services (HHS).

    ACTION:

    Notice for public comment.

    SUMMARY:

    The ACF, OCS, Division of Energy Assistance announces a preliminary determination that funds from the federal fiscal year 2023 (FY23) Low Income Home Energy Assistance Program (LIHEAP) are available for reallotment to states, territories, tribes, and tribal organizations that received FY24 direct LIHEAP awards. The purpose of this award is to redistribute FY23 annual LIHEAP funds that recipients were unable to obligate or carry over to FY24. No sub-recipients of these recipients or other entities may apply for these funds.

    DATES:

    Comments are due by: October 21, 2024.

    ADDRESSES:

    Comments may be submitted to: Peter Edelman, Program Analyst, Office of Community Services, Administration for Children and Families, 330 C Street SW, 5th Floor; Mail Room 5425; Washington, DC 20201 or via email: peter.edelman@acf.hhs.gov. Comments may also be faxed to 202-401-5661.

    FOR FURTHER INFORMATION CONTACT:

    Akm Rahman, Program Operations Branch Chief, Division of Energy Assistance, Office of Community Services, 330 C Street SW, 5th Floor; Mail Room 5425; Washington, DC 20201. Telephone: 202-401-5306; email: Akm.Rahman@acf.hhs.gov.

    SUPPLEMENTARY INFORMATION:

    After receiving Federal Financial Reports (FFRs), Carryover and Reallotment Reports (CRRs), and fourth-quarter Quarterly Reports (QRs) from FY23 LIHEAP recipients, ACF has determined that $18,363,980 in FY23 LIHEAP funds may be available for reallotment for FY24. This determination was based on the reports of 75 recipients and the total obligations of 4 recipients. LIHEAP recipients submitted the FY23 CRRs to OCS, as required by regulations applicable to LIHEAP at 45 CFR 96.81(b).

    The LIHEAP statute allows recipients who have funds unobligated at the end of the FY 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 FY (42 U.S.C. 8626(b)(2)). Funds in excess of this amount must be returned to the U.S. Department of Health and Human Services and are subject to reallotment under 42 U.S.C. 8626(b)(1).

    In accordance with 42 U.S.C. 8626(b)(3), ACF notified each of the 79 recipients that reported or, in the absence of reporting, had potentially $18,363,980 of unobligated funds above their carryover caps. In these notices, ACF told each recipient about the amount that, according to the recipients' reports, it needed to return for de-obligation and redistribution to FY24 recipients as part of the reallotment. It also gave each recipient 30 calendar days to provide comments directly to ACF.

    All LIHEAP recipients that receive a portion of these funds will be notified of the final reallotment amount redistributed to them for FY24. This decision will also be published in the Federal Register and in a Dear Colleague Letter that is posted to ACF's website under LIHEAP Dear Colleague Letters.

    The FY23 LIHEAP funds that ACF preliminarily expects to become available for reallotment determination come from the following recipients in the following amounts:

    Name of recipient that has funds to be returned for reallotment Preliminary amount available for reallotment
    Alaska $4,917,545
    Idaho 4,896,940
    Michigan 55,139
    Commonwealth of the Northern Mariana Islands 47,429
    Absentee Shawnee Tribe of Indians of Oklahoma 14,595
    Alabama-Quassarte Tribal Town 18,204
    Aniak Traditional Council 49,847
    Berry Creek Rancheria 11,727
    Big Valley Band of Pomo Indians 3,150
    Bishop Paiute Tribe 17,447
    Blackfeet Tribe 66,242
    Catawba Indian Nation 14,656
    Cheyenne and Arapaho Tribes 7,692
    Choctaw Nation of Oklahoma 80,195
    Chuathbaluk Traditional Council 34,383
    Cocopah Indian Tribe 20,605
    Coeur d'Alene Tribe 18,278
    Comanche Nation 4,726
    Confederated Salish and Kootenai Tribes 360,718
    Confederated Tribes of Siletz Indians of Oregon 42,360
    Confederated Tribes of the Grand Ronde Community of Oregon 15,524
    Cow Creek Band of Umpqua Tribe of Indians 511
    Dena'Nena'Henash—Tanana Chiefs Conference 26,018
    Eastern Shoshone Tribe 135,825
    Fort Peck Assiniboine and Sioux Tribes 584,537
    Gila River Indian Community 73,461
    Hoh Tribe 2,212
    Hoopa Valley Tribe 12,878
    Hopland Band of Pomo Indians 2,852
    Houlton Band of Maliseet Indians 201,488
    Indian Township Tribal Government 528,130
    Inter-Tribal Council of MI, Inc 129,655
    Jicarilla Apache Nation 42,275
    Karuk Tribe 1,746
    Kaw Nation 5,017
    Kiowa Tribe of Oklahoma 89,127
    Little River Band of Ottawa Indians 10,074
    Lower Elwha Klallam Tribe 7,986
    Lummi Nation 19,363
    Makah Tribe 25,257
    Mashpee Wampanoag Tribe 171,286
    Mi'kmaq Nation 44,858
    Mississippi Band of Choctaw Indians 8,426
    Modoc Nation 1,426
    Muckleshoot Indian Tribe 1,110
    Navajo Nation 800,838
    Nooksack Indian Tribe 36,196
    Northern Arapaho Tribe 19,950
    Northern California Indian Development Council, Inc 846
    Northern Cheyenne Tribe 25,583
    Oglala Sioux Tribe 28,490
    Orutsararmiut Native Council 276,283
    Otoe-Missouria Tribe of Indians 6,087
    Paiute Indian Tribe of Utah 140,249
    Pawnee Nation of Oklahoma 6,740
    Pleasant Point Tribal Government 50,685
    Poarch Band of Creek Indians 146,887
    Pueblo of Jemez 12,562
    Pueblo of Zuni 28,337
    Quapaw Nation 22,161
    Quileute Tribe 69,502
    Quinault Indian Nation 17,503
    Riverside-San Bernardino County Indian Health, Inc 6,645
    Sac and Fox Nation of Oklahoma 6,573
    Samish Indian Nation 14,590
    San Carlos Apache Tribe 8,904
    Sault Ste. Marie Tribe of Chippewa Indians 1,064
    Sitka Tribe of Alaska 53,222
    Spirit Lake Nation 101,127
    Spokane Tribe of Indians 23,773
    Standing Rock Sioux Tribe 2,896,833
    Swinomish Indian Tribal Community 39,631
    The Delaware Tribe of Indians 4,501
    The Klamath Tribes 162,427
    Tonkawa Tribe of Oklahoma 3,374
    Turtle Mountain Band of Chippewa Indians 69,032
    United Cherokee Ani-Yun-Wiya Nation 55,932
    Ute Indian Tribe 8,647
    Yankton Sioux Tribe 395,886
    Total 18,363,980
    Preliminary funds for reallotment consist of the funds in excess of LIHEAP's 10 percent carryover cap that (1) 75 recipients indicated on the FFRs or reported on the CRRs or QRs as unobligated; or (2) amounted to 100 percent of regular funds or IIJA funds for the 4 recipients that failed to submit the associated FFRs and their CRRs or QRs.