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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 1Alaska
$4,917,545Idaho
4,896,940Michigan
55,139Commonwealth of the Northern Mariana Islands
47,429Absentee Shawnee Tribe of Indians of Oklahoma
14,595Alabama-Quassarte Tribal Town
18,204Aniak Traditional Council
49,847Berry Creek Rancheria
11,727Big Valley Band of Pomo Indians
3,150Bishop Paiute Tribe
17,447Blackfeet Tribe
66,242Catawba Indian Nation
14,656Cheyenne and Arapaho Tribes
7,692Choctaw Nation of Oklahoma
80,195Chuathbaluk Traditional Council
34,383Cocopah Indian Tribe
20,605Coeur d'Alene Tribe
18,278Comanche Nation
4,726Confederated Salish and Kootenai Tribes
360,718Confederated Tribes of Siletz Indians of Oregon
42,360Confederated Tribes of the Grand Ronde Community of Oregon
15,524Cow Creek Band of Umpqua Tribe of Indians
511Dena'Nena'Henash—Tanana Chiefs Conference
26,018Eastern Shoshone Tribe
135,825Fort Peck Assiniboine and Sioux Tribes
584,537Gila River Indian Community
73,461Hoh Tribe
2,212Hoopa Valley Tribe
12,878Hopland Band of Pomo Indians
2,852Houlton Band of Maliseet Indians
201,488Indian Township Tribal Government
528,130( print page 76845)Inter-Tribal Council of MI, Inc
129,655Jicarilla Apache Nation
42,275Karuk Tribe
1,746Kaw Nation
5,017Kiowa Tribe of Oklahoma
89,127Little River Band of Ottawa Indians
10,074Lower Elwha Klallam Tribe
7,986Lummi Nation
19,363Makah Tribe
25,257Mashpee Wampanoag Tribe
171,286Mi'kmaq Nation
44,858Mississippi Band of Choctaw Indians
8,426Modoc Nation
1,426Muckleshoot Indian Tribe
1,110Navajo Nation
800,838Nooksack Indian Tribe
36,196Northern Arapaho Tribe
19,950Northern California Indian Development Council, Inc
846Northern Cheyenne Tribe
25,583Oglala Sioux Tribe
28,490Orutsararmiut Native Council
276,283Otoe-Missouria Tribe of Indians
6,087Paiute Indian Tribe of Utah
140,249Pawnee Nation of Oklahoma
6,740Pleasant Point Tribal Government
50,685Poarch Band of Creek Indians
146,887Pueblo of Jemez
12,562Pueblo of Zuni
28,337Quapaw Nation
22,161Quileute Tribe
69,502Quinault Indian Nation
17,503Riverside-San Bernardino County Indian Health, Inc
6,645Sac and Fox Nation of Oklahoma
6,573Samish Indian Nation
14,590San Carlos Apache Tribe
8,904Sault Ste. Marie Tribe of Chippewa Indians
1,064Sitka Tribe of Alaska
53,222Spirit Lake Nation
101,127Spokane Tribe of Indians
23,773Standing Rock Sioux Tribe
2,896,833Swinomish Indian Tribal Community
39,631The Delaware Tribe of Indians
4,501The Klamath Tribes
162,427Tonkawa Tribe of Oklahoma
3,374Turtle Mountain Band of Chippewa Indians
69,032United Cherokee Ani-Yun-Wiya Nation
55,932Ute Indian Tribe
8,647Yankton Sioux Tribe
395,886Total
18,363,9801
                         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.
                    ( print page 76846) *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] BILLING CODE 4184-80-P