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

Awards of FY 2007 LIHEAP Leveraging Incentive Grants

THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN LIHEAP INFORMATION MEMORANDUM TRANSMITTAL
NO. LIHEAP-IM-2007-8, DATED 8/10/07


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

SUBJECT:       Awards of FY 2007 LIHEAP Leveraging Incentive
               Grants

RELATED
REFERENCES:    Low Income Home Energy Assistance Act, Title XXVI
               of the Omnibus Budget Reconciliation Act of 1981,
               Public Law 97-35, as amended; 45 CFR Part 96,
               Block Grant Programs — Final Rule, published May
               1, 1995, in the Federal Register (60 FR 21332 et
               seq.); and LIHEAP Action Transmittal 2004-7, dated
               August 16, 2004, re: applications for FY 2006
               leveraging awards.

PURPOSE:       To advise grantees of FY 2007 leveraging incentive 
               grants to be awarded based on countable leveraging 
               activities carried out during FY 2006.  Leveraging 
               awards went out in two separate distributions in 
               June and August.

BACKGROUND:    The Augustus F. Hawkins Human Services
               Reauthorization Act of 1990 (Public Law 101-501)
               amended the LIHEAP statute to establish a
               leveraging incentive program to reward grantees
               under the Low Income Home Energy Assistance
               Program (LIHEAP) that have acquired non-Federal
               home energy resources for low-income households.
               Leveraging incentive funds are awarded to those
               grantees that use their own or other non-Federal
               resources to expand the effect of the Federal
               LIHEAP dollars. Leveraging activities that took
               place in one fiscal year will be used to determine
               leveraging incentive grant awards in the following
               fiscal year.  For example, FY 2007 leveraging
               incentive awards are allocated to grantees based
               on countable leveraged resources that were
               provided to low income households in FY 2006.

               The Department of Health and Human Services (HHS) 
               issued final implementing regulations for the 
               leveraging incentive program on May 1, 1995 
               (60 FR 21332). Leveraging requirements in the 
               regulations are based closely on the leveraging 
               requirements in section 2607A of the Low Income 
               Home Energy Assistance Act.

               Grantees desiring leveraging incentive funds must 
               submit an application each year — the LIHEAP 
               Leveraging Report — that delineates the amount 
               and types of leveraging activities they carried 
               out during the base period.  HHS then determines 
               whether the reported activities meet the 
               requirements of the statute and regulations, and, 
               therefore, are countable under the program for the 
               purpose of determining allocations of the incentive 
               funds.  In general, we give grantees the benefit of 
               the doubt where we can.

CONTENT:       The FY 2007 appropriations law for HHS and several 
               other agencies (Public Law 110-5, signed on 
               February 15, 2007) included funding for LIHEAP in 
               FY 2007.  The conference report on that law 
               provides that, of the amount appropriated for 
               LIHEAP for FY 2007, $27.2 million should be set
               aside for leveraging incentive grant awards.  Of
               this amount, the 1994 amendments to the LIHEAP
               statute (Public Law 103-252) provide that up to
               25% may be set aside for the Residential Energy
               Assistance Challenge (REACH) Option Program.  The
               Department set aside $1.135 million for REACH,
               leaving $26,090,000 for leveraging awards.

                  Applications for FY 2007 Leveraging Funds

               We received applications for FY 2007 incentive 
               awards from 38 States, 26 tribes or tribal 
               organizations, and 1 territory.  These 65
               applications included claims for 759 separate
               leveraging resources/benefits that took place in
               FY 2006 with a gross claimed value totaling
               $2,700,410,247.  The net value of the claimed
               resources is $2,699,843,431, after deducting
               $566,816 for:  (1) the grantees' own funds used to
               identify, develop and demonstrate the activities;
               (2) costs or charges to low income households to
               participate in the activities; and (3) LIHEAP
               funds used to identify, develop, and demonstrate
               the activities (limited to the higher of $35,000
               or 0.08% of a grantee's regular allotment for
               State grantees, or to the higher of $100 or 2.0%
               of the allotment for Indian tribes/tribal
               organizations and territories).

               After review by HHS, the claimed value of a number 
               of resources was eliminated or reduced because part 
               or all of the resource did not meet necessary 
               requirements for countability.  We also made a 
               number of adjustments necessitated by mathematical 
               errors and/or revised information received from 
               grantees.
               
               Overall, we reduced the claimed value of 13
               resources because they are not countable in part
               or there were errors in calculations.  The value
               of 1 resource was increased because of corrected
               figures.  After making these adjustments, we
               approved 741 resources in whole or in part for 64
               grantees (35 States, 28 tribes, and 1 territory),
               for a gross value of $2,699,268,917 and a net
               value of $2,698,702,101 after subtracting
               offsetting costs of $566,816.  Attachment 2 shows
               the number and value of resources claimed by each
               applicant, the amount of any adjustments to those
               numbers and values made by HHS, and the final
               approved number and value of countable resources
               as determined by HHS.

               This year, leveraging funds were distributed in
               two separate allocations - $20,418,750 in June and 
               $5,671,250 in August.  Attachment 3 shows the award 
               amounts for leveraging grantees under each 
               distribution.

                   Allocation of Leveraging Incentive Funds

               Using the final values of leveraging activities 
               approved for each grantee, we calculated leveraging 
               grant award allocations based upon a formula that
               is included in Section 96.87(c)(1) of the LIHEAP 
               regulations (45 CFR 96.87(c)(1)), as published in a 
               final rule in the Federal Register on May 1, 1995 
               (60 FR 21322).  (See page 21364 of the regulation 
               and pages 21351-56 of the preamble for further 
               detail.)

               The formula provides that one-half of the funds, 
               or $13,045,000 based on total available
               funds of $26,090,000, is to be distributed based
               on the amount of leveraging activities each
               grantee carries out as a proportion of the amount
               of its regular LIHEAP grant, taking into account
               the amount of leveraging activities carried out by
               all grantees as a proportion of their regular
               grants.  Because the leveraging activities took
               place in FY 2006, we used allocations for FY 2006
               in calculating this portion of the formula.  We
               included regular block grant allotments and
               contingency funds allocated to leveraging
               applicants in FY 2006.

               The second half of the funds is to be distributed 
               based on the amount of leveraging activities 
               carried out by each grantee as a proportion of the 
               total amount of leveraging activities carried out 
               by all grantees.  The amounts derived under the two 
               parts of the formula are then added together to 
               determine the final grant amount, except that no 
               grantee may receive more than (1) 12% of the 
               leveraging incentive funds available, or (2) the 
               lesser of the amount of its regular grant 
               (including any contingency and/or realloted funds 
               or twice the amount it leveraged.

               The prohibition against receiving more than 12% of 
               the available leveraging incentive funds affected 
               only one State grantee this year (California) 
               limiting its grant award to $3,087,000.

               The prohibition against receiving more in incentive 
               grant funds than the lesser of twice the amount 
               leveraged or the amount of the regular block grant 
               funds affected 11 of the tribal applicants and 1 
               territory this year.  The tribes in general do very 
               well under our formula, in most cases receiving 
               much more in return for each leveraging dollar 
               invested than the States.

               We redistributed the "excess funds" from the 11 
               tribes, 1 territory and 1 State on a proportionate 
               basis to the other grantees.  Attachment 1 shows our 
               calculations, with the last column showing the 
               amount of the actual leveraging incentive grant 
               award for each applicant.

                 Allowable Uses of Leveraging Incentive Funds

               Leveraging incentive grant awards are being made to 
               each grantee in the amount shown in the final 
               column of Attachment 1, and will be available for 
               drawdown shortly.  They may be obligated for 
               eligible activities in FY 2007 and/or FY 2008.  
               Grantees are reminded that the leveraging incentive 
               funds must be used to maintain or increase benefits 
               to low income households as a part of the grantee's 
               LIHEAP program.  The incentive awards may not be 
               used for costs of administration and planning, but 
               they may be counted in the base for calculating 
               the grantee's maximum planning and administrative
               costs (but these costs must be paid from other
               funds, such as regular block grant funds).
               Leveraging incentive grants for FY 2007 must be
               obligated by grantees no later than September 30,
               2008, or the funds will revert to the Federal
               government.  The leveraging incentive funds are
               not subject to the 10% carryover limit for regular
               block grant funds, and may not be added to the
               base on which the carryover limit for regular
               funds is calculated. The leveraging incentive
               funds also are not subject to the 15% limit on use
               of funds for weatherization activities, and may
               not be added to the base on which the 
               weatherization limit for regular funds is
               calculated.  Consistent with the block grant
               philosophy, grantees are the primary interpreters
               in determining what constitutes an "obligation"
               under their own financial laws and procedures.

                 Next Year's Applications for Leveraging Funds

               We would like to remind all grantees that the model 
               plan application for regular LIHEAP block grant 
               funding includes a place to report leveraging 
               activities that are coordinated with LIHEAP.  You 
               should include the information in your plan for FY 
               2007 that will be necessary for activities to count 
               for leveraging funds to be awarded in FY 2008.  
               LIHEAP Leveraging Reports on leveraging activities 
               carried out in FY 2007 are due by November 30, 2007 
               in order to qualify for FY 2008 leveraging 
               incentive grant funds.  Amendments to FY 2007 
               plans in order to incorporate descriptions of FY 
               2007 leveraging activities must be submitted no 
               later than September 30, 2007.
               
ATTACHMENTS:   (1) Calculations of FY 2007 leveraging incentive
                   grant awards, by grantee.

               (2) Listing of grantees submitting Leveraging 
                   Report Forms on FY 2006 activities to qualify 
                   for FY 2007 leveraging incentive grant awards, 
                   including number and value of resources claimed,
                   adjustments to those claims made by HHS, and 
                   final approved number and value of resources.
               
               (3) Detail on two separate leveraging distributions.


INQUIRIES 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
               Telephone:  (202) 401-9351
               Fax:  (202) 401-5661
               E-mail:  nstangelo@acf.hhs.gov




                                   _____________/s_____________
                                   Nick St.Angelo
                                   Director
                                   Division of Energy Assistance
                                   Office of Community Services