§ 8623.
(a)
Amount; distribution, computation, etc.
(1)
(A)
Except as provided in subparagraph (B), the Secretary shall, from that percentage of the amount appropriated under
section 8621(b) of this title for each fiscal year which is remaining after reserving any amount permitted to be reserved under
section 8628a of this title and after the amount of allotments for such fiscal year under subsection (b)(1) is determined by the Secretary, allot to each State an amount equal to such remaining percentage multiplied by the State’s allotment percentage.
(2)
For purposes of paragraph (1), for fiscal year 1985 and thereafter, a State’s allotment percentage is the percentage which expenditures for home energy by low-income households in that State bears to such expenditures in all States, except that States which thereby receive the greatest proportional increase in allotments by reason of the application of this paragraph from the amount they received pursuant to [Public Law 98–139] shall have their allotments reduced to the extent necessary to ensure that—
(A)
(i)
no State for fiscal year 1985 shall receive less than the amount of funds the State received in fiscal year 1984; and
(ii)
no State for fiscal year 1986 and thereafter shall receive less than the amount of funds the State would have received in fiscal year 1984 if the appropriations for this subchapter for fiscal year 1984 had been $1,975,000,000, and
(B)
any State whose allotment percentage out of funds available to States from a total appropriation of $2,250,000,000 would be less than 1 percent, shall not, in any year when total appropriations equal or exceed $2,250,000,000, have its allotment percentage reduced from the percentage it would receive from a total appropriation of $2,140,000,000.
(3)
If the sums appropriated for any fiscal year for making grants under this subchapter are not sufficient to pay in full the total amount allocated to a State under paragraph (1) for such fiscal year, the amount which all States will receive under this subchapter for such fiscal year shall be ratably reduced.
(4)
For the purpose of this section, the Secretary shall determine the expenditure for home energy by low-income households on the basis of the most recent satisfactory data available to the Secretary.
(b)
Allotments to insular areas
(1)
The Secretary shall apportion not less than one-tenth of 1 percent, and not more than one-half of 1 percent, of the amounts appropriated for each fiscal year to carry out this subchapter on the basis of need among the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. The Secretary shall determine the total amount to be apportioned under this paragraph for any fiscal year (which shall not exceed one-half of 1 percent) after evaluating the extent to which each jurisdiction specified in the preceding sentence requires assistance under this paragraph for the fiscal year involved.
(2)
Each jurisdiction to which paragraph (1) applies may receive grants under this subchapter upon an application submitted to the Secretary containing provisions which describe the programs for which assistance is sought under this subchapter, and which are consistent with the requirements of
section 8624 of this title.
(c)
Energy crisis intervention
Of the funds available to each State under subsection (a), a reasonable amount based on data from prior years shall be reserved until March 15 of each program year by each State for energy crisis intervention. The program for which funds are reserved by this subsection shall be administered by public or nonprofit entities which have experience in administering energy crisis programs under the Low-Income Energy Assistance Act of 1980, or under this subchapter,
1
See References in Text note below.
experience in assisting low-income individuals in the area to be served, the capacity to undertake a timely and effective energy crisis intervention program, and the ability to carry out the program in local communities. The program for which funds are reserved under this subsection shall—
(1)
not later than 48 hours after a household applies for energy crisis benefits, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits;
(2)
not later than 18 hours after a household applies for crisis benefits, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits and is in a life-threatening situation; and
(3)
require each entity that administers such program—
(A)
to accept applications for energy crisis benefits at sites that are geographically accessible to all households in the area to be served by such entity; and
(B)
to provide to low-income individuals who are physically infirm the means—
(i)
to submit applications for energy crisis benefits without leaving their residences; or
(ii)
to travel to the sites at which such applications are accepted by such entity.
The preceding sentence shall not apply to a program in a geographical area affected by a natural disaster in the United States designated by the Secretary, or by a major disaster or emergency designated by the President under the Disaster Relief Act of 1974
1 [
42 U.S.C. 5121 et seq.], for so long as such designation remains in effect, if the Secretary determines that such disaster or such emergency makes compliance with such sentence impracticable.
(d)
Allotments to Indian tribes
(1)
If, with respect to any State, the Secretary—
(A)
receives a request from the governing organization of an Indian tribe within the State that assistance under this subchapter be made directly to such organization; and
(B)
determines that the members of such tribe would be better served by means of grants made directly to provide benefits under this subchapter;
the Secretary shall reserve from amounts which would otherwise be payable to such State from amounts allotted to it under this subchapter for the fiscal year involved the amount determined under paragraph (2).
(2)
The amount determined under this paragraph for a fiscal year is the amount which bears the same ratio to the amount which would (but for this subsection) be allotted to such State under this subchapter for such fiscal year (other than by reason of
section 8626(b)(2) of this title) as the number of Indian households described in subparagraphs (A) and (B) of
section 8624(b)(2) of this title and residing within the State on the reservation of the tribes or on trust lands adjacent to such reservation bears to the number of all households described in subparagraphs (A) and (B) of
section 8624(b)(2) of this title in such State, or such greater amount as the Indian tribe and the State may agree upon. In cases where a tribe has no reservation, the Secretary, in consultation with the tribe and the State, shall define the number of Indian households for the determination under this paragraph.
(3)
The sums reserved by the Secretary on the basis of a determination under this subsection shall be granted to—
(A)
the tribal organization serving the individuals for whom such a determination has been made; or
(B)
in any case where there is no tribal organization serving an individual for whom such a determination has been made, such other entity as the Secretary determines has the capacity to provide assistance pursuant to this subchapter.
(4)
In order for a tribal organization or other entity to be eligible for an amount under this subsection for a fiscal year, it shall submit to the Secretary a plan (in lieu of being under the State’s plan) for such fiscal year which meets such criteria as the Secretary may by regulations prescribe.
([Pub. L. 97–35, title XXVI, § 2604], Aug. 13, 1981, [95 Stat. 894]; [Pub. L. 98–558, title VI], §§ 603, 604, Oct. 30, 1984, [98 Stat. 2890]; [Pub. L. 99–425, title V], §§ 502(a), 503, 505(b), Sept. 30, 1986, [100 Stat. 973–975]; [Pub. L. 101–501, title VII, § 703], Nov. 3, 1990, [104 Stat. 1258]; [Pub. L. 103–252, title III], §§ 304(c), 311(c)(3), May 18, 1994, [108 Stat. 659], 662; [Pub. L. 105–285, title III], §§ 304(b), 305, Oct. 27, 1998, [112 Stat. 2757].)