Carryover and Reallotment Report
THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN ACTION TRANSMITTAL NO. LIHEAP-AT-2010-8,
DATED 7/14/10
TO: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)
GRANTEES
GUIDANCE __X__STATESINTENDED
FOR: __X__TRIBES/TRIBAL ORGANIZATIONS
__X__TERRITORIES
SUBJECT: Carryover and Reallotment Report
RELATED: Section 2607 Low Income Home Energy Assistance Act,
REFERENCES: title XXVI of the Omnibus Budget Reconciliation Act
of 1981, Public Law 97-35, as amended; 45 CFR 96.81
in the Department of Health and Human Services block
grant regulations; and OMB approval 0970-0106,
expires 6/30/2011.
PURPOSE: To remind LIHEAP grantees of the required Carryover
and Reallotment Report due August 2, 2010, to
transmit the optional Carryover and Reallotment
Report form, and to advise grantees that FY 2011
grant awards will not be made until the Carryover
and Reallotment Report for FY 2010 is submitted to
HHS.
CONTENT: Section 2607(b)(2)(B) of the LIHEAP statute as
amended by Title III of the Augustus F. Hawkins
Human Services Reauthorization Act of 1990, Public
Law 101-501, states that:
No amount may be held available under this
paragraph for a State from a prior fiscal year to
the extent such amount exceeds 10 percent of the
amount payable to such State for such prior fiscal
year. For purposes of the preceding sentence, the
amount payable to a State for a fiscal year shall
be determined without regard to any amount held
available under this paragraph for such State for
such fiscal year from the prior fiscal year.
Grantees may request 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.
For example, at least 90% of the funds allocated to
you for FY 2010 must be obligated by September 30,
2010, the end of FY 2010. Up to 10% may be carried
over for use in FY 2011, but those funds must be
obligated no later than September 30, 2011.
(Please note that this requirement applies to
obligation only, not expenditure of funds.)
Any funds carried over are not to be included in
the base for calculating carryover in the following
year. 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 be returned to HHS and are
subject to reallotment among all grantees in the
next fiscal year.
The 10% carryover limit 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 our regulations at 45 CFR 96.87(k).
The LIHEAP statute and regulations require
LIHEAP 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 2011 until we have received that
grantee's Carryover and Reallotment Report for FY
2010. Attachment C includes tables showing FY 2010
block grant and contingency fund allotments,
excluding leveraging awards, and the allowable 10%
maximum carryover amounts for each grantee.
Note to States, Territories, and Tribes/Tribal
Organizations: The receipt of all FY 2010 block
grant funds and the contingency funds released in
January 2010 should be included in your carryover
calculations. Because the Carryover and
Reallotment Report is due August 1, before the end
of the fiscal year, you may find that your
estimates later prove to be inaccurate. If this
occurs, please submit a corrected report as soon
as possible.
Note to Tribes/Tribal Organizations: Please inform
us as soon as possible if you expect to have more
than 10% in carryover funds. This will allow us to
redirect the excess funds to the States so that
they can serve tribal households until the end of
FY 2010 with the remaining funds. This would
prevent the reallotment of the excess carryover
funds. (For suggestions of alternate ways to
obligate LIHEAP funds, please see LIHEAP-IM-2001-13,
"Uses of LIHEAP Funds", dated 1/10/01, which can be
found on the LIHEAP website under "Guidance,
Policies, and Procedures, Special Topics".)
Report Requirements and Reporting Form
An optional form for submission of the Carryover
and Reallotment Report (OMB approval 0970-0106,
expiration date - 6/30/2011) is attached.
Completion of this form is voluntary but will
clarify what information is to be covered in the
report. Instructions for determining carryover are
in Attachment A; the report form is included as
Attachment B. The report should include the
requirements set out in our regulations at 45 CFR
96.81 that the Carryover and Reallotment Report be
submitted to HHS by August 1 of each calendar year
and contain:
1. The amount of the grantee's allotment for the
current fiscal year that the grantee desires to
remain available for obligation in the succeeding
fiscal year, not to exceed 10% of the amount
payable to such grantee for the fiscal year;
2. The amount of funds, if any, to be subject to
reallotment;
3. If funds are carried forward, a statement of
the reasons that these funds will not be used in
the fiscal year for which they were allotted; and
4. A description of the types of assistance to be
provided with the amount held available for the
following fiscal year.
The Carryover and Reallotment Report must be made
in writing, since it will potentially form the
basis for modification of grant awards. All
grantees must submit a report, even if no funds are
to be carried over or made available for
reallotment. As August 1 falls on a Sunday this
year, these reports must be submitted no later than
August 2, 2010 to:
Administration for Children and Families
Office of Community Services, ACF, HHS
Division of Energy Assistance
370 L'Enfant Promenade, S.W.
5th Floor West
Washington, D.C. 20447
Attention: Imani Kirk
ATTACHMENTS: (A) Simplified Instructions for Timely Obligation of FY 2010 LIHEAP Funds and Reporting Funds for
Carryover and Reallotment
(B) Form for Carryover and Reallotment Report for FY 2010
(C) FY 2010 LIHEAP Allotments and 10% Maximum Carryover Amounts for States/Tribes/Territories
INQUIRIES: Nick St. Angelo, Director
Division of Energy Assistance
Office of Community Services, ACF, HHS
370 L'Enfant Promenade, S.W.
Washington, D.C. 20447
Telephone: (202) 401-9351
FAX: (202) 401-5661
______________/s______________
Nick St. Angelo
Director
Division of Energy Assistance
Office of Community Services