Notices. Notice for public comment
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/register/2024/09/19/2024-21390·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families [CFDA Number: 93.568] Proposed Reallotment of Fiscal Year 2023 Funds for the Low Income Home Energy Assistance Program 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 1 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 1 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. If funds are reallotted, then they will be allocated in accordance with 42 U.S.C. 8623 and must be treated by LIHEAP recipients that receive them as funds appropriated for FY24. As FY24 funds, they will be subject to all requirements of the LIHEAP statute, including 42 U.S.C. 8626(b)(2), which requires that a recipient 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, 2024. Furthermore, recipients that receive these funds may use these funds for any purpose authorized under LIHEAP and must add them to their total LIHEAP funds payable for FY24 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 these funds are included in the amounts on Lines 1.1 of their FY24 CRRs;
(2)reconcile these funds, to the extent that they received them, on their corresponding FFRs; and
(3)record, on their FY24 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 FY24 LIHEAP Performance Data Forms. *Statutory Authority:* 42 U.S.C. 8626(b). Anthony Petruccelli, Senior Grants Policy Specialist, Office of Grants Policy, Office of Administration. [FR Doc. 2024-21390 Filed 9-18-24; 8:45 am]
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- 45 CFR 96.81(b)
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