Notices. Notice of public comment
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/register/2023/09/26/2023-20788·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families [CFDA Number: 93.568] Proposed Reallotment of Fiscal Year 2022 Funds for the Low Income Home Energy Assistance Program AGENCY: Office of Community Services, Administration for Children and Families, Department of Health and Human Services. ACTION: Notice of public comment. SUMMARY: The Administration for Children and Families (ACF), Office of Community Service (OCS), Division of Energy Assistance announces a preliminary determination that funds from the Federal fiscal year
(FFY)2022 Low Income Home Energy Assistance Program (LIHEAP) are available for reallotment to States, Territories, Tribes, and Tribal organizations that received FFY 2023 direct LIHEAP grants. The purpose of this award is to redistribute FFY 2022 annual LIHEAP funds that grant recipients were unable to obligate or carry over to FFY 2023. No sub-recipients of these grant recipients or other entities may apply for these funds. DATES: Comments are due by: October 26, 2023. 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)and Carryover and Reallotment Reports
(CRRs)from FFY 2022 LIHEAP recipients, ACF has determined that $21,985,238 in FFY 2022 LIHEAP funds were available for reallotment for FFY 2023. This determination was based on the reports of 73 recipients, the total obligations of 3 recipients, and minor corrections to certain amounts available for carryover. LIHEAP recipients submitted the FFY 2022 CRRs to OCS, as required by regulations applicable to LIHEAP at 45 CFR 96.81(b). The LIHEAP statute allows grant recipients who have funds unobligated at the end of the FFY 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 FFY (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). FFY 2022 funds appropriated under the American Rescue Plan Act of 2022 (Pub. L. 117-2) were not subject to 42 U.S.C. 8626(b)(2)(B), which caps carryover at 10 percent. Therefore, these funds were not included in the reallotment calculation. In accordance with 42 U.S.C. 8626(b)(3), ACF notified each of the 76 recipients that reported or, in the absence of reporting, had potentially $21,985,238 of unobligated funds above their carryover caps. In these notices, ACF told each about the amount it returned for de-obligation and the amount that will be redistributed to FFY 2023 grant recipients as part of the reallotment. It also gave each recipient 30 calendar days to provide comments directly to ACF. If funds are reallotted, then they will be allocated in accordance with 42 U.S.C. 8623 and must be treated by LIHEAP grant recipients that receive them as an amount appropriated for FFY 2023. As FFY 2023 funds, they will be subject to all requirements of the LIHEAP statute, including 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, 2023. All LIHEAP grant recipients that receive a portion of these funds will be notified of the final reallotment amount redistributed to them for obligation in FFY 2023. 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 FFY 2022 LIHEAP funds that ACF preliminarily expects to become available for reallotment determination come from the following grant recipients in the following amounts: Name of grant recipient that has funds to be returned for reallotment Preliminary amount available for reallotment 1 Alabama $2,378,088 Alaska 2,431,911 American Samoa 2,828 Delaware 199,360 Idaho 6,505,338 Michigan 2,087,677 Wyoming 81,133 Absentee Shawnee Tribe of Indians of Oklahoma 20,409 Berry Creek Rancheria 747 Big Valley Band of Pomo Indians 1,759 Bishop Paiute Tribe 13,779 Blackfeet Tribe 264,815 Catawba Indian Nation 10,164 Cherokee Nation 134,641 Cheyenne and Arapaho Tribes 18,097 Cocopah Indian Tribe 11,011 Colorado River Indian Tribes 6,166 Comanche Nation 26,315 Confederated Salish and Kootenai Tribes 212,244 Confederated Tribes and Bands of the Yakama Nation 551,163 Confederated Tribes of Siletz Indians of Oregon 79,365 Confederated Tribes of the Colville Indian Reservation 12,018 Confederated Tribes of the Grand Ronde Community of Oregon 28,859 Confederated Tribes of Warm Springs 11,141 Delaware Nation 275 Eastern Band of Cherokee Indians 6,466 Eastern Shoshone Tribe 45,858 Fort Belknap Indian Community 109,264 Fort Peck Assiniboine and Sioux Tribes 66,553 Gila River Indian Community 17,267 Hoh Tribe 4,404 Hoopa Valley Tribe 45,051 Indian Township Tribal Government 309,325 Inter-Tribal Council of MI, Inc 1,363 Jicarilla Apache Nation 15,384 Kalispel Tribe of Indians 657 Kaw Nation 3,441 Kialegee Tribal Town 50 Kickapoo Tribe of Oklahoma 25,505 Kiowa Tribe of Oklahoma 64,055 Little River Band of Ottawa Indians 159,939 Lower Elwha Klallam Tribe 1,928 Makah Tribe 1,890 Modoc Nation 2,078 Mowa Band of Choctaw Indians 49,621 Nanticoke Lenni-Lenape Indians of New Jersey 56,056 Narragansett Indian Tribe 2,927 Navajo Nation 1,153,394 Nooksack Indian Tribe 18,243 Northern Arapaho Tribe 12,853 Northern Cheyenne Tribe 12,378 Oglala Sioux Tribe 867,529 Osage Nation 22,894 Otoe-Missouria Tribe of Indians 3,960 Ottawa Tribe of Oklahoma 4,457 Pawnee Nation of Oklahoma 5,866 Penobscot Indian Nation 6,885 Poarch Band of Creek Indians 81,075 Pueblo of Jemez 7,428 Pueblo of Zuni 28,762 Quapaw Nation 13,244 Quileute Tribe 5,009 Quinault Indian Nation 3,026 Round Valley Indian Tribes 28,912 Sac and Fox Nation of Oklahoma 2,123 Seldovia Village Tribe 11,278 Seneca—Cayuga Nation 8,961 Seneca Nation of Indians 20,244 South Puget Intertribal Planning Agency 739 Spirit Lake Nation 287,077 Standing Rock Sioux Tribe 396,242 Thlopthlocco Tribal Town 9,446 Turtle Mountain Band of Chippewa Indians 2,376,042 United Keetoowah Band of Cherokee Indians 272,128 Ute Indian Tribe 1,672 Yankton Sioux Tribe 244,986 Total 21,985,238 1 Preliminary funds for reallotment consist of the funds in excess of LIHEAP's 10 percent carryover cap that
(1)73 recipients indicated on the FFRs or reported on the CRRs as unobligated; or
(2)amounted to 100 percent of regular funds or IIJA funds for the 3 recipients that failed to submit the associated FFRs and their CRRs. If funds are reallotted, then grant recipients may use them for any purpose authorized under LIHEAP and must add these funds to their total LIHEAP funds payable for FFY 2023 for purposes of calculating statutory caps on administrative costs, carryover, Assurance 16 activities, and weatherization assistance. Additionally, all recipients of these funds must
(1)ensure that they are included in the amounts on Lines 1.1 of their FFY 2023 CRRs;
(2)reconcile these funds, to the extent that they received them, on a separate FFR; and
(3)record, on their FFY 2023 Household Reports, households that receive benefits at least partly from these funds. State recipients must also ensure that these funds are included in the Grantee Survey sections of their FFY 2023 LIHEAP Performance Data Forms. *Statutory Authority:* 42 U.S.C. 8626(b). Karen D. Shields, Senior Grants Policy Specialist, Office of Grants Policy, Office of Administration. [FR Doc. 2023-20788 Filed 9-25-23; 8:45 am]
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- 45 CFR 96.81(b)
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