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Low Income Home Energy Assistance Program assistance with heating and cooling costs

Submission of leveraging reports on FY 2007 leveraging activities, in order to qualify for FY 2008 leveraging incentive fund grant awards, and amendment of FY 2007 LIHEAP plan as necessary to add information on leveraging carried out in FY 2007

THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN LIHEAP ACTION TRANSMITTAL NO. LIHEAP-
AT-2007-8, DATED 7/30/07                      
                              

TO:            LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) 
               GRANTEES AND OTHER INTERESTED PARTIES

SUBJECT:       Submission of leveraging reports on FY 2007
               leveraging activities, in order to qualify for FY
               2008 leveraging incentive fund grant awards, and
               amendment of FY 2007 LIHEAP plans as necessary to
               add information on leveraging carried out in FY
               2007

RELATED        Low Income Home Energy Assistance Act, title XXVI
REFERENCES:    of the Omnibus Budget Reconciliation Act of 1981, 
               Public Law 97-35, as amended; final rule published
               in the Federal Register on May 1, 1995 (60 FR 
               21322 et seq.) (See LIHEAP-IM-95-20); 45 CFR 96.87
               in the Department of Health and Human Services 
               block grant regulations (see LIHEAP-IM-99-19).

DUE DATES:     (1) September 30, 2007, for amendments to FY 2007
               LIHEAP plans to add information on leveraging
               activities carried out during FY 2007; and

               (2) November 30, 2007, for applications for FY
               2008 leveraging incentive fund grant awards based
               on FY 2007 leveraging activities.

PURPOSE:       (1) To remind LIHEAP grantees that they must 
               submit LIHEAP plan amendments adding and/or 
               revising descriptions of certain leveraging 
               activities that took place in fiscal year (FY) 
               2007 to the Office of Community Services (OCS) by 
               September 30, 2007, in order to have them qualify 
               for FY 2008 leveraging incentive funds.

               (2) To remind LIHEAP grantees that they must
               submit reports covering leveraging activities that
               took place in FY 2007 to OCS by November 30, 2007,
               in order to qualify for FY 2008 leveraging
               incentive fund awards.  The required Leveraging
               Report forms and the instructions for their
               completion are attached.

BACKGROUND:    The LIHEAP leveraging incentive program rewards
               LIHEAP state, tribal, and territorial grantees 
               that have acquired nonfederal home energy 
               resources for low income households, expanding the 
               effect of their federal LIHEAP funding.

               The Department of Health and Human Services (HHS)
               issued final implementing regulations for the
               LIHEAP leveraging incentive program on May 1, 1995
               (60 FR 21322 et seq.).  These leveraging
               regulations are included in the HHS block grant
               regulations at 45 CFR 96.87.  They are based
               closely on the leveraging requirements in section
               2607A of the Low Income Home Energy Assistance
               Act.

               Under the leveraging incentive program, leveraging
               incentive awards in a fiscal year (the award
               period) are based on countable leveraged
               resources/ benefits that were provided to low
               income households during the previous fiscal year
               (the base period).  For example, FY 2008
               leveraging incentive awards will be allocated to
               grantees based on countable leveraged resources
               that were provided to low income households in FY
               2007.

               Grantees desiring leveraging incentive funds must
               submit an application—the LIHEAP Leveraging
               Report—that describes and quantifies the
               leveraging activities they carried out during the
               base period.  HHS then determines whether the
               reported activities meet the requirements of the
               LIHEAP statute and regulations, and therefore are
               countable under the program.  Leveraging incentive
               funds are allocated using a formula that takes
               into account the value of each applicant's
               countable leveraged resources compared to its
               regular LIHEAP allotment and to the total amount
               leveraged by all applicants.

CONTENT:       Applications for FY 2008 Leveraging Incentive
               Awards  

               Grantees that wish to apply for LIHEAP 
               leveraging incentive funds to be awarded in FY 
               2008 must submit a LIHEAP Leveraging Report on 
               their FY 2007 leveraging activities to OCS by 
               November 30, 2007. The reports must be postmarked 
               or hand-delivered to OCS by this date, or they 
               will not be accepted. The reports should cover 
               only countable leveraged resources/benefits that 
               were provided to low income households in FY 2007. 
               FY 2007 leveraging activities must be carried out 
               under 45 CFR 96.87, consistent with the final rule 
               published May 1, 1995.
               
               The amount of LIHEAP funds that will be available
               for leveraging awards in FY 2008 is uncertain.
               The amount that will be available will be 
               indicated in the FY 2008 LIHEAP appropriation. We
               may set aside funds for the Residential Energy
               Assistance Challenge Program (REACH) out of the
               funds earmarked for leveraging.

               
               Leveraging Report Forms

               The LIHEAP Leveraging Report consists of two
               parts.  Part 1, the Resource/Benefit Description
               Pages, is a two-page form that is to be completed
               for each separate leveraged resource that a
               grantee proposes to count for this base period.
               It requests information that will enable HHS to
               determine whether each resource meets the
               requirements of the LIHEAP statute and the May
               1995 final rule and is therefore countable.  Part
               2 of the Leveraging Report, the Summary Page, is
               to show the grand totals for all of the grantee's
               proposed leveraged resources; it also is to
               include a certifying signature by the grantee's
               chief executive officer or designee.  (If a
               designee signs, the grantee should be sure that
               OCS has a copy of the delegation of authority.)

               Grantees may use their own versions of Part 1 if
               they use the same format and wording as the pre-
               printed form.  They must use HHS's version of Part
               2.  The forms are available on our LIHEAP web site
               at
         
               http://www.acf.hhs.gov/programs/liheap/grantee_forms/funding_applications/levform.doc
              
               Grantees also may wish to use the Sample
               Leveraging Summary Worksheet, to record the
               financial information from item 1 of the
               Resource/Benefit Description Pages for each
               resource and to calculate the grand totals to be
               entered on the Summary Page.  Completing this
               worksheet would help ensure that no amounts are
               omitted or double-counted and that the
               calculations are correct.

               Applicants for leveraging incentive funds should
               carefully read and follow the Instructions for
               Completing LIHEAP Leveraging Report Forms.  They
               also should consult section 96.87 of the May 1995
               final rule (45 CFR 96.87 in the HHS block grant
               regulations) and the part of the final rule's
               preamble that deals with the leveraging incentive
               program.

               Grantees should ensure that their Leveraging
               Reports are complete and accurate before they
               submit them, in order to speed up the review and
               award process for everyone.  Grantees should be
               sure that all submitted resources/benefits meet
               the requirements of the LIHEAP statute and
               regulations and were provided to low income
               households between October 1, 2006 and September
               30, 2007.  Grantees should re-check their
               mathematical calculations, and enter the numbers
               in items 1B, 1C, 1D, and 1E of the Resource/ 
               Benefit Description Pages, and the numbers on the 
               Summary Page, as whole numbers rounded to the 
               nearest whole dollar, or rounded to the nearest 
               multiple of 10 or 100.

               In some of the Leveraging Reports for prior fiscal
               years, states' local administering agencies
               completed the Resource/Benefit Description Pages
               for activities taking place in their areas.  The
               quality of the reporting varied significantly
               among the local agencies.  If a state uses this
               process, it should review the forms before
               submitting them to OCS and ensure that all items
               are complete and accurate, that the activities
               took place during the proper base period and meet
               the requirements of the statute and regulations,
               and that the state (not the local agency) is shown
               as the LIHEAP grantee.  The resources should be
               numbered sequentially for the state as a whole,
               rather than starting over with #1 for each local
               agency.

               Leveraging Requirements
               
               In order to count under the leveraging incentive 
               program, a resource/benefit must meet all of the 
               requirements of 45 CFR 96.87(d)(1) and at least 
               one of the three criteria/requirements of 45 CFR 
               96.87(d)(2), consistent with the May 1995 final 
               rule.
               
               To meet criterion (i) of section 96.87(d)(2), the
               grantee's LIHEAP program, at the central and/or
               local agency level, must have a substantive role
               in developing and/or acquiring the resource/
               benefits from energy vendor(s) through 
               negotiation, regulation, and/or competitive bid.
               Only resources obtained from energy vendors (for
               example, utility companies and delivered fuel
               vendors) may be counted under criterion (i).
               Resources counted under criterion (i) do not need
               to be described/covered in grantees' LIHEAP plans.

               To meet criterion (ii) of section 96.87(d)(2), the
               grantee must appropriate or mandate the resources/
               benefits for distribution to low income households 
               through (within or as a part of) its LIHEAP 
               program, in accordance with the LIHEAP statute and 
               regulations and the grantee's LIHEAP plan and 
               program policies that were in effect during this 
               base period.  The benefit from the resource is a 
               part of a household's LIHEAP benefit, not an 
               additional benefit that is not part of the LIHEAP 
               program.  The plan must include the type of 
               assistance/benefits that are provided by the 
               resource, although the leveraged resources/
               benefits do not necessarily have to be mentioned 
               by name in the plan.  Under this criterion, for 
               example, a grantee could not count assistance with 
               cooling costs or purchase of fans if the plan did 
               not include these activities for the regular 
               LIHEAP program.  (Leveraged benefits that 
               supplement LIHEAP benefits that were inadequate, 
               but that are distributed outside the LIHEAP 
               program, would not count under criterion (ii).  
               Grantees should look to criterion (iii) for such 
               resources.)
               
               To meet criterion (iii) of section 96.87(d)(2),
               the grantee must appropriate or mandate the
               resource/benefits for distribution to low income
               households as described in its LIHEAP plan, as a
               supplement and/or alternative to its LIHEAP
               program, integrated and coordinated with its
               LIHEAP program, but outside (not through, within,
               or as a part of) its LIHEAP program.  Under this
               criterion, the resource must meet at least 1 of 8
               listed conditions (conditions (A) - (H)) to
               demonstrate that it is integrated and coordinated
               with the grantee's LIHEAP program.  (A single
               leveraged resource/benefit cannot be counted under
               both criterion (ii) and criterion (iii), because a
               single resource/benefit cannot be provided both
               through (criterion (ii)) and outside (criterion
               (iii)) the grantee's LIHEAP program.)  For
               resources/benefits to be countable under criterion
               (iii), the grantee's FY 2007 LIHEAP plan must
               identify and describe the resources/benefits,
               their sources(s), and their integration/
               coordination with the LIHEAP program.  

               Submission of Leveraging Reports

               Grantees that wish to apply for FY 2008 leveraging
               incentive fund awards must submit Leveraging 
               Reports on their FY 2007 leveraging by November 30, 
               2007.  These Leveraging Reports must be postmarked 
               or hand-delivered to OCS by this date.

               Grantees should submit the original of the
               completed LIHEAP Leveraging Report to OCS.  We do
               not need additional copies.  Grantees should be
               sure to keep copies for their own files.  The
               completed forms should be sent to:
               
                    Nick St. Angelo, Director
                    Division of Energy Assistance
                    Office of Community Services, ACF, HHS
                    370 L'Enfant Promenade, S.W.
                    Washington, D.C.  20447

               HHS may require additional documentation and/or
               clarification as it determines necessary to verify
               information in a grantee's Leveraging Report, to
               determine whether a leveraged resource is
               countable, and/or to determine the net valuation
               of a resource.  If this is the case, an OCS staff
               member will contact the grantee during the review
               of the leveraging reports to request the necessary
               information.

               Amendments to FY 2007 Plans

               Grantees must submit any FY 2007 LIHEAP plan
               amendments adding or revising descriptions of FY
               2007 leveraging activities by September 30, 2007.
               These amendments must be postmarked or hand-
               delivered to OCS by this date.

               For leveraged resources/benefits that are provided
               to low income households as part of the grantee's
               LIHEAP program and that are to be counted under
               criterion (ii) of 45 CFR 96.87(d)(2):  the
               grantee's LIHEAP plan must include the type of
               assistance/benefits that are provided by the
               resource.
              
               For leveraged resources/benefits that are provided
               to low income households as a supplement and/or
               alternative to the grantee's LIHEAP program,
               outside the LIHEAP program but integrated and
               coordinated with it, and that are to be counted
               under criterion (iii) of 45 CFR 96.87(d)(2):  the
               grantee's LIHEAP plan must identify and describe
               each resource, its source, and how it is
               integrated and coordinated with the grantee's
               LIHEAP program.  Grantees should be sure that each
               resource meets the integration/coordination
               requirements of at least one of conditions (A) -
               (H) in section 96.87(d)(2)(iii).

INQUIRIES TO:  Nick St. Angelo, Director
               Division of Energy Assistance
               Telephone:  (202) 401-5306
               Fax:  (202) 401-5661
               E-mail: nstangelo@acf.hhs.gov
               (See address above.)
               
ATTACHMENTS:   LIHEAP Leveraging Report Form, Parts 1 and 2 and
               Sample Leveraging Summary Worksheet (Form No. ACF-
               119, OMB Clearance No. 0970-0121, expiration date
               12/31/2009); and
               
               Instructions for Completing LIHEAP Leveraging Report Forms.
               
               


                              _______________/s____________
                              Nick St. Angelo
                              Director
                              Division of Energy Assistance
                              Office of Community Services