THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION
FOR CHILDREN AND FAMILIES IN LIHEAP INFORMATION MEMORANDUM
TRANSMITTAL NO. LIHEAP-IM-2005-01, DATED 10/29/04
TO: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
(LIHEAP) STATE GRANTEES
SUBJECT: Request for comments on extension of Office
of Management and Budget (OMB) approval for
the Carryover and Reallotment Report
RELATED
REFERENCES: Low Income Home Energy Assistance Act, Title XXVI
of the Omnibus Budget Reconciliation Act of 1981,
Public Law 97-35, as amended; notice of request
for comments on the proposed Low Income Home
Energy Assistance Program (LIHEAP) Carryover and
Reallotment Report, as published in the Federal
Register on September 29 2004 (69 FR 28174-28175);
LIHEAP-AT-2004-2, dated June 17, 2004 (Carryover
and Reallotment Report for FY 2004); OMB Control
No. 0970-0106 (Expiration Date - 11/30/2004); and
Section 3506(c)(2)(A) of the Paperwork Reduction
Act of 1995.
PURPOSE: To request comments and suggestions on the
proposed Low Income Home Energy Assistance Program
Carryover and Reallotment Report.
BACKGROUND: Section 2607(b)(2)(B) of the Low Income Home
Energy Assistance Act of 1981, Public Law 97-35,
as amended, and 45 CFR 96.81 of the LIHEAP
regulations require grantees to report information
to HHS concerning funds to be carried forward and
funds subject to reallotment. The 1994
reauthorization of the LIHEAP statute, the Human
Services Amendments of 1994 (Public Law 103-252),
requires that the carryover and reallotment report
for one fiscal year be submitted to HHS by the
grantee before the allotment for the next fiscal
year may be awarded.
Consequently, HHS will not make a grant
award to a grantee for FY 2005 until we have
received that grantee's carryover and reallotment
report for FY 2004. Because the Carryover and
Reallotment Report was due August 1, before the
end of the fiscal year, grantees may find that
estimates later prove to be inaccurate. If this
occurs, they should submit a corrected report as
soon as possible.
If more than 10% of a grantee's funds payable
remains unobligated at the end of the
fiscal year for which they were allotted, these
excess funds must have been returned to HHS and
were subject to reallotment among all grantees in
the next fiscal year.
The 10% carryover limit applies to regular LIHEAP
block grant funds. It does not apply to
LIHEAP leveraging incentive award funds. The period
of obligation for the entire amount of
leveraging incentive funds awarded to a grantee
is the award period (the fiscal year in which these
funds were awarded) and the following fiscal year,
as explained in the LIHEAP regulations at 45 CFR
96.87(k).
For those States and territories that
received Petroleum Violation Escrow Funds under
the Public Law 97-377, Section 15 (Warner
Amendment), from the Exxon Oil Overcharge case or
from the Stripper Well settlement agreement for
use under LIHEAP, such funds are to be treated
like funds appropriated under LIHEAP with respect
to section 2607(b) of Public Law 97-35 and must be
reflected in the carryover and reallotment report.
Under the terms of the Paperwork Reduction Act of
1995, agencies must receive approval from OMB for
each information collection activity in which the
same question(s) is asked of 10 or more persons,
even though the activity may be required by statute.
Section 3506(c)(2)(A)of the 1995 Act also requires
that the public be given 60 days to comment on the
specific details of the information collection
activity. The current OMB approval for the LIHEAP
Carryover and Reallotment Report will expire on
November 30, 2004 (OMB Control No. 0970-0106).
We collect the required information through the
Carryover and Reallotment Report and propose to
continue collecting this information annually
using this format. Use of the form makes it clear
what information should be submitted and ensures
the provision of all of the required information.
The data covered by this approval are
grantees' requests to carry forward from one
fiscal year to the next up to 10% of the amount
payable to the grantee for the first fiscal year.
The funds that are carried over must be obligated
by the grantee by the end of the fiscal year
following the year in which they are appropriated.
We are requesting comments on the information
collection and on the Carryover and Reallotment
Report Form. Completion of the form is voluntary
but will clarify what information should be and is
being included in the report.
CONTENT: On September 29, 2004, an information
collection notice was published in the Federal
Register (66 FR 58174-58175) requesting comments
and suggestions about the Carryover and
Reallotment Report. The Carryover and Reallotment
Report is the same as those of previous years.
The form should clarify the information being
requested and ensure the submission of all the
required information. We do not expect use of the
report to increase the information collection
burden on grantees
A copy of the Federal Register notice, the
instructions and the report form are attached.
Comments and suggestions received by
November 29, 2004 (60 days after publication of
the notice) will be considered. At that time, the
Carryover and Reallotment Report Form For FY 20__
will be submitted to OMB for approval, along with
a summary of any comments received and action
taken on them.
The Department specifically requests comments
on: (a) whether the proposed collection
of information is necessary for the proper
perfof the functions of the agency,
including whether the information shall have
practical utility; (b) the accuracy of the
agency's estimate of the burden of the proposed
collection of information; (c) the quality,
utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of
the collection of information on respondents,
including through the use of automated collection
techniques or other forms of information
technology.
Please review the proposed instructions and
Carryover and Reallotment Report Form for FY
__. All comments and suggestions should be
identified by the title of the information
collection, i.e., Carryover and Reallotment
Report, and be sent in writing to:
Administration for Children and Families
Office of Information Services
370 L'Enfant Promenade, SW.
Washington, DC 20447
Attn: ACF Reports Clearance Officer
ATTACHMENT: (A) Federal Register Notice, Vol. 69, No. 188,
page 58174, published on September 29, 2004
(B) Simplified Instructions for Timely Obligation
of FY 2004 LIHEAP Funds and Reporting Funds
for Carryover and Reallotment
(C) Carryover and Reallotment Report
for FY 20__
_____________s/______________
Clarence H. Carter
Director
Office of Community Services
ATTACHMENT A
[Federal Register: September 29, 2004 (Volume 69, Number 188)]
[Notices]
[Page 58174-58175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se04-71]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Proposed Information Collection Activity; Comment Request
Proposed Projects
Title: Low Income Home Energy Assistance Program (LIHEAP) Carryover
and Reallotment Report.
OMB No.: 0970-0106.
Description: The LIHEAP statute and regulations require LIHEAP
grantees to report certain information to HHS concerning funds
forwarded and funds subject to reallotment. The 1993 reauthorization of
the LIHEAP statute, the Human Service Amendments of 1994 (Pub. L. 103-
252), requires that the Carryover and Reallotment Report for one fiscal
year be submitted to HHS by the grantee before the allotment for the
next fiscal year may be awarded.
We are requesting no changes in the collection of data with the
Carryover and Reallotment Report for FY 20----, a form for the
collection of data, and the Simplified Instructions for Timely
Obligations of FY 20---- LIHEAP Funds and Reporting Funds for Carryover
and Reallotment. The form clarifies the information being requested and
ensures the submission of all the required information. The form
facilitates our response to numerous queries each year concerning the
amounts of obligated funds. Use of the form is voluntary. Grantees have
the option to use another format.
Respondents: State, Local or Tribal Government.
[[Page 58175]]
Annual Burden Estimates
-----------------------------------------------------------------------------------
Number of Average burden
Instrument Number of responses per hours per Total burden
respondents respondent response hours
-----------------------------------------------------------------------------------
Carryover and Reallotment... 177 1 3 531
-----------------------------------------------------------------------------------
Estimated Total Annual Burden Hours: 531.
In compliance with the requirements of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the Administration for Children and
Families is soliciting public comment on the specific aspects of the
information collection described above. Copies of the proposed
collection of information can be obtained and comments may be forwarded
by writing to the Administration for Children and Families, Office of
Information Services, 370 L'Enfant Promenade, SW., Washington, DC
20447, Attn: ACF Reports Clearance Officer. e-mail:
grjohnson@acf.hhs.gov. All requests should be identified by the title
of the information collection.
The Department specifically requests comments on: (a) Whether the
proposed collection of information is necessary for the proper
perfof the functions of the agency, including whether the
information shall have practical utility; (b) the accuracy of the
agency's estimate of the burden of the proposed collection of
information; (c) the quality, utility, and clarity of the information
to be collected; and (d) ways to minimize the burden of the collection
of information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted
within 60 days of this publication.
Dated: September 23, 2004.
Robert Sargis,
Reports Clearance Officer.
[FR Doc. 04-21787 Filed 9-28-04; 8:45 am]
BILLING CODE 4184-01-M
ATTACHMENT B
SIMPLIFIED INSTRUCTIONS
FOR TIMELY OBLIGATION OF FY 2004 LIHEAP FUNDS
AND REPORTING FUNDS FOR CARRYOVER AND REALLOTMENT
1. Add together the funds you received from HHS in FY 2004 in
the form of LIHEAP block grant awards, any emergency
contingency funds that may have been awarded in FY 2004, and
any oil overcharge funds designated for use in LIHEAP for FY
2004. You may carry over up to 10% of this total for
obligation in FY 2005.
2. At least 90% of the total funds available to you in FY 2004,
as calculated in Paragraph #1, must be obligated by you for
use in LIHEAP no later than September 30, 2004, which is the
end of FY 2004. (Please note that this requirement applies
to obligation only, not expenditure of funds.)
3. No more than 10% of the funds available to you for FY 2004,
as calculated in Paragraph #1, may be carried over for
obligation in FY 2005. These carryover funds must be
obligated by you for use in LIHEAP no later than September
30, 2004, or they must be returned to HHS.
4. FY 2004 funds that were not obligated by you by September
30, 2004, and that exceed 10% of the total as calculated in
Paragraph #1, must have been returned to HHS, which will
reallocate them to LIHEAP grantees in FY 2005.
5. Submit a report to HHS on your estimated carryover and
reallotment by August 1, 2004. Include a brief explanation
of why you want to carry over the funds and how you will use
them. If you later find that your estimates are not
accurate, submit a corrected report as soon as possible. FY
2005 grant awards will not be issued to you until the
Carryover and Reallotment Report for FY 2004 is received by
HHS.
ATTACHMENT C
Carryover and Reallotment Report for FY 20___
Due August 1
Grantee ________________________ Date _____________________
Section 2607(b)(2)(B) of the LIHEAP statute requires that at
least 90% of funds available must be obligated in the year in
which they are appropriated. Not more than 10 percent of the
amount payable for a fiscal year may be held for obligation
in the succeeding fiscal year.
1) Current year amount payable (regular block grant $__________
funds, contingency funds, and oil overcharge funds)
2) 10 percent of amount payable $__________
3) Projected unobligated balance $__________
If line 3 is equal to or less than line 2, report the amount on
line 3 as your Carryover amount below. Report 0 funds for
reallotment.
If line 3 is larger than line 2, then report the amount on line 2
as your Carryover amount below. Report the difference between
line 2 and line 3 as the reallotment amount below.
Carryover amount $_____________
(Funds to be carried over for obligation in the
following fiscal year.)
Reallotment amount $____________
(Funds that exceed the 10% carryover amount and are
to be returned the Federal government.)
If you report a Carryover amount above, please provide the
following:
a) briefly state reasons that these funds will not be used in the
fiscal year for which they were allotted
b) briefly describe the types of assistance to be provided with
the amount held available for the following fiscal year:
________________________________ ___________________________
Signature and Title Telephone Number
