Tribal Self-Governance Study
Description of Program,
Service, Function or Activity (PSFA)
INVENTORY
1. Agency Name: HHS, Administration for Children and Families, Office of Community Services
2. Program Name: Low Income Home Energy Assistance Program (LIHEAP)
3. CFDA #: 93.568
4. Program Objectives: To help low income households meet the costs of heating and cooling their homes.
5. Titles and Descriptions of at least Three Funded Grantees: Block Grant funding went to 130 tribes in FY 2000. Example: Grand Traverse Band of Ottawa and Chippewa Indians (Michigan) received $23,098. These funds may be used for any purpose allowed by the LIHEAP statute.
Leveraging Incentive funds were awarded to 29 tribes in FY 2000. Example: Grand Traverse Band of Ottawa and Chippewa Indians (Michigan) received $20,000. These funds may be used for most purposes allowed by the LIHEAP statute for block grant funds.
REACH Grants were awarded to 6 tribes in FY 2000. Example: Grand Traverse Band of Ottawa and Chippewa Indians (Michigan) received $149,895. These funds are to be used to enhance and enable eligible households to meet energy costs and achieve self-sufficiency, in large part through use of renewable energy sources such as a wind turbine and a solar electric hybrid system.
AUTHORITY
6. Authorizing Statute(s): Low Income Home Energy Assistance Act of 1981, as amended (Title XXVI of Public Law 97-35, as amended), 42 USC 8621
7. Regulatory/Administrative Requirements: 45 Code of Federal Regulations Part 96
8. Mandatory Statutory Changes Needed to Operate PSFA as a Demonstration: We believe that Sec. 2604(d) of the LIHEAP statute would need to be amended to allow the consolidation of funds, or separate legislation would need to be enacted to allow LIHEAP funds to be used for this purpose.
APPLICANTS, BENEFICIARIES and FORMULAS
9. Type of Funding: Block Grant Funding for the bulk of the money. Approximately $25- 30 million is earmarked each year by the Congress for leveraging incentive grants (about $20 million) and for the Residential Energy Assistance Challenge program (REACH- about $7 million). Leveraging incentive funds reward those grantees that add non-federal funds (such as tribal funds or donations of tribal wood) to help low income households meet their home heating or cooling needs. REACH grants are a competitive grant program designed to demonstrate ways to help low income households reduce their energy vulnerability.
10. Eligible Applicants: The 50 States, District of Columbia, 5 territories, and Federally or State recognized tribes or tribal organizations. Federally or State recognized tribes or tribal organizations that wish to receive direct funding from HHS rather than be served by the State(s) in which they are located may apply directly to HHS. In some States, tribes may become a subgrantee of the State. Grantees that receive block grant funding directly from HHS may also apply for leveraging incentive funds or REACH funds. Separate applications are required for these funds.
11. Allotment Formulas, Etc.: Block grant funds are distributed to the States and territories by a formula established in 1981 that takes into account low income population, energy consumption by low income households, and weather. This "old formula" favors cold weather States. In any year in which block grant funding exceeds $1.975 billion, the statute provides for the use of a "new formula" that would have the effect of shifting more of the funds to warmer climate States and States that have gained population since 1980. To date, this new formula has only been used in FY 1985 and 1986.
12. Applicant Provisions/Allotments in Law for Indians: Under the LIHEAP statute, a tribe getting direct funding from HHS receives a portion of the State's block grant allocation based on the number of eligible households in the tribe as a percent of the number of eligible households in the State, unless the State and tribe agree on a larger amount. Over half the States agree to give their tribes more than the statutory formula requires. Leveraging incentive funds are allocated based on a two-part formula established by regulation that takes into account the amount of leveraging activities carried out by each grantee as a proportion of their block grant funding, taking into account the leveraging carried out by all grantees. REACH funds are awarded on a competitive basis. Tribes may receive up to $150,000 in REACH funds, plus $25,000 if they have an energy education component.
13. Eligible Beneficiaries: Grantees may serve households with incomes up to the greater of 150% of the poverty level or 60% of the State's median income. They may establish a lower income limit, but may not set it below 110% of the poverty level. They also have the option to make categorically eligible any household that has a member who receives TANF, SSI, food stamps, or certain needs-tested veterans benefits.
14. Beneficiary Provisions/Allotments in Law for Indians: No special provisions.
15. Amount and Percent of Total that is Mandatory for Indians: No set mandatory funding levels for Indians.
FINANCIAL
16. Total FY 2000 Funding: $1,844,350,000
17. Amount and Percent of Total Funding Awarded to Indians: $25,609,422 in FY 2000.
18. For Awards to Tribes: Number, Range and Average Amounts: 130 tribes; awards ranging from $851 to $4,420,649 (includes $3.7 million in emergency funds); average of $196,996 ($25,609,422/130). (NOTE: In FY 2000, $5,656,500 in emergency funds were awarded to 4 Alaskan tribes affected by a lack of salmon for the fourth year in a row, making it extremely difficult to purchase heating oil for the coming winter. This skewed the total and the averages for tribal grants for FY 2000. Ignoring this portion of emergency funds, gives the following results: 130 tribes; awards ranging from $851 to $1,275,272; average of $153,484 ($19,952,922/130).
19. Total FY 2001 Funding and Amount for Indians, If Known: $1,844,650,000 total funding to date. Of this amount, $16,452,403 was awarded to tribes so far. Leveraging and REACH awards have not yet been made.
OTHER
20.-- how long assistance is funded:
-- fund use restrictions:
-- reporting requirements: Tribal grantees must submit a report each year on the number of households they served the previous year. They must also submit a report on the amount of funds they plan to carry over for obligation in the following fiscal year. They must submit a report on the amount of funds obligated the previous fiscal year (Form 269A).
-- audit requirements: Grantees that receive at least $300,000 in Federal funds from all sources must submit an audit under the terms of the Single Audit Act.
CONTACTS
21. DHHS Workgroup Contact: Sharon McCully, ANA, ACF
22. HHS Agency/Program Contact: Janet M. Fox
Director, Division of
Energy Assistance, OCS
202/401-9352
jmfox@acf.dhhs.gov