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 Department of Health and Human Services Administration for Children and Families [CFDA Number: 93.568]
 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 
                    ( print page 66006)
                    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 1Alabama
$2,378,088Alaska
2,431,911American Samoa
2,828Delaware
199,360Idaho
6,505,338Michigan
2,087,677Wyoming
81,133Absentee Shawnee Tribe of Indians of Oklahoma
20,409Berry Creek Rancheria
747Big Valley Band of Pomo Indians
1,759Bishop Paiute Tribe
13,779Blackfeet Tribe
264,815Catawba Indian Nation
10,164Cherokee Nation
134,641Cheyenne and Arapaho Tribes
18,097Cocopah Indian Tribe
11,011Colorado River Indian Tribes
6,166Comanche Nation
26,315Confederated Salish and Kootenai Tribes
212,244Confederated Tribes and Bands of the Yakama Nation
551,163Confederated Tribes of Siletz Indians of Oregon
79,365Confederated Tribes of the Colville Indian Reservation
12,018Confederated Tribes of the Grand Ronde Community of Oregon
28,859Confederated Tribes of Warm Springs
11,141Delaware Nation
275Eastern Band of Cherokee Indians
6,466Eastern Shoshone Tribe
45,858Fort Belknap Indian Community
109,264Fort Peck Assiniboine and Sioux Tribes
66,553Gila River Indian Community
17,267Hoh Tribe
4,404Hoopa Valley Tribe
45,051Indian Township Tribal Government
309,325Inter-Tribal Council of MI, Inc
1,363Jicarilla Apache Nation
15,384Kalispel Tribe of Indians
657Kaw Nation
3,441Kialegee Tribal Town
50Kickapoo Tribe of Oklahoma
25,505Kiowa Tribe of Oklahoma
64,055Little River Band of Ottawa Indians
159,939Lower Elwha Klallam Tribe
1,928Makah Tribe
1,890Modoc Nation
2,078Mowa Band of Choctaw Indians
49,621Nanticoke Lenni-Lenape Indians of New Jersey
56,056Narragansett Indian Tribe
2,927Navajo Nation
1,153,394Nooksack Indian Tribe
18,243Northern Arapaho Tribe
12,853Northern Cheyenne Tribe
12,378Oglala Sioux Tribe
867,529Osage Nation
22,894Otoe-Missouria Tribe of Indians
3,960Ottawa Tribe of Oklahoma
4,457Pawnee Nation of Oklahoma
5,866Penobscot Indian Nation
6,885Poarch Band of Creek Indians
81,075Pueblo of Jemez
7,428Pueblo of Zuni
28,762Quapaw Nation
13,244Quileute Tribe
5,009Quinault Indian Nation
3,026Round Valley Indian Tribes
28,912Sac and Fox Nation of Oklahoma
2,123Seldovia Village Tribe
11,278Seneca—Cayuga Nation
8,961( print page 66007)Seneca Nation of Indians
20,244South Puget Intertribal Planning Agency
739Spirit Lake Nation
287,077Standing Rock Sioux Tribe
396,242Thlopthlocco Tribal Town
9,446Turtle Mountain Band of Chippewa Indians
2,376,042United Keetoowah Band of Cherokee Indians
272,128Ute Indian Tribe
1,672Yankton Sioux Tribe
244,986Total
21,985,2381
                         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] BILLING CODE 4184-80-P