Policy Watchtower/Proposed rule
ACF proposes Part 96 block grant cleanup touching tribal LIHEAP rules; comments due 11/30
Administration for Children and FamiliesOffice of Community ServicesHealth and Human ServicesProposed ruleOct 29, 2026
Check: ACF proposes to remove obsolete rules, including one tribal LIHEAP section, and will not hold ; Tribes are told to comment by 2026-11-30.
What it does
The Administration for Children and Families (ACF) proposes to amend 45 CFR Part 96, the regulations for HHS block grants, including the Low-Income Home Energy Assistance Program (LIHEAP). Subpart D, direct funding of Indian tribes and tribal organizations, would lose Sec. 96.43 (FY1982 procedures, called obsolete), and Sec. 96.49 would be rewritten without its FY2001 start language. The proposed Sec. 96.49 text says tribal LIHEAP applications must be complete by December 15 of the fiscal year, and that funds then revert to the State unless the State agrees to a later date. The rule also proposes to cut the LIHEAP weatherization waiver procedures (Sec. 96.83) back to a statutory 'good cause' waiver. ACF says the rule does not significantly impact Tribes, and no effective date is stated.
Why it matters for tribal funding
Tribes eligible. Tribes or Native organizations are among those who can apply or are covered, alongside others.
Who it covers: Tribal governments.
Rules it touches: 45 CFR 96
What to do next
- Submit comments by 2026-11-30 at regulations.gov under ACF-2026-0628 or 0970-AD49, or by the email address listed in the notice.
- Have the tribal LIHEAP office review the proposed Sec. 96.49 text, including the December 15 application date and reversion of funds to the State.
- If your tribe is a LIHEAP grantee that seeks weatherization waivers, review the proposed changes to Sec. 96.83.
Sources
Every signal is built from public records. The highlighted words appear in the source exactly as shown.
- Federal Register: tribal termsProposed RuleOct 29, 2026
Reducing Bureaucracy and Burden for Block Grants
Quoted from the source: “Given the nature and purpose of this rulemaking, it does not significantly impact Tribes and as such we are not engaging in Tribal Consultation at this time.”
Quoted from the source: “For Tribes who have comments, we encourage you to submit them through the comment process.”
Quoted from the source: “After December 15, funds will revert to the State(s) in which the tribe is located, unless the State(s) agrees to a later date.”
Read in the Federal RegisterU.S. government record, public domain.
Terms with a dotted underline open a plain-language definition. This is guidance, not legal advice: the official text always controls. A free public service from GrantsPath, a Native-owned business.