[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Notices]
[Pages 40966-40970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15070]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration


Workforce Investment Act (WIA) Section 167, the National 
Farmworker Jobs Program (NFJP)

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice of formula allocations for the Program Year (PY) 2002 
National Farmworker Jobs Program (NFJP), request for comments.

-----------------------------------------------------------------------

SUMMARY: Under section 182(d) of the Workforce Investment Act (WIA) of 
1998, ETA is publishing the PY 2002 allocations for the NFJP authorized 
under Section 167 of the WIA. The allocations are distributed to the 
States by a formula that estimates, by state, the relative demand for 
NFJP services. The allocations in this Notice apply to the program year 
beginning July 1, 2002.

DATES: Comments must be submitted on or before June 24, 2002.

ADDRESSES: Comments should be sent to Ms. Alicia Fernandez-Mott, Chief, 
Division of Seasonal Farmworker Programs, Room N-4641, Employment and 
Training Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210. Her e-mail address is 
[email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Alicia Fernandez-Mott, Chief, 
Division of Seasonal Farmworker Programs, Room N-4641, Employment and 
Training Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210. Her telephone number is (202) 693-
3729. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION:

I. Background

    On May 19, 1999, we published a Notice of a new formula for 
allocating funds available for the NFJP (formerly referred to as the 
Section 402 Migrant and Seasonal Farmworker (MSFW) Program) in the 
Federal Register at 64 FR 27390 (May 19, 1999). The Notice explains how 
the new formula achieves its purpose of distributing funds 
geographically by state service area on the basis of each area's 
relative share of farmworkers who are eligible for enrollment in the 
NFJP. The new formula consists of a rational combination of multiple 
data sets that were selected to yield the relative share distribution 
of eligible farmworkers. The combined-data formula is substantially 
more relevant to the purpose of aligning the allocations with the 
eligible population than the allocations determined by the prior 
formula.
    The realignments made by the new formula gave rise to significant 
changes in relative funding levels. The magnitude of the realignments 
was substantial for some of the state areas that are scheduled to 
experience decreases as a result of the transition from the original 
distributions to the distributions provided by the new formula. To 
provide a smooth transition to the realigned distributions, Part IV of 
the May 19, 1999, Notice provided a strategy for phased implementation 
of the new formula through four incremental ``hold harmless'' stages. 
The stages provide a graduated implementation of the formula

[[Page 40967]]

allocations by limiting the rate of reduction in relative funding 
levels to the four annual increments of 95 percent of the 1998 level in 
PY 1999, 90 percent in PY 2000, 85 percent in PY 2001, and 80 percent 
in PY 2002. Full implementation of the new (combined-data) formula will 
be reached on the 5th year allocation in PY 2003.
    Because it is the best available allocation tool, we continue to 
implement the new formula by applying the fourth implementation step of 
the formula described in the May 19, 1999, Notice to allocate PY 2002 
WIA Section 167 funds. Section III of this Notice describes how the PY 
2002 formula allocations are adjusted to account for the budget 
additions provided by Congress.
    The Department of Labor invites comments on our decision to 
continue the phased implementation of this formula in allocating PY 
2002 funds for the NFJP.

II. Limitations on Uses of Section 167 Funds

    In appropriating the funds for PY 2002, Congress provided in its 
Appropriations Conference Report 107-342, as follows: ``That, 
notwithstanding any other provision of law or related regulation, 
$80,770,000 shall be for carrying out Section 167 of the Workforce 
Investment Act, including $74,965,000 for formula grants, $4,786,000 
for migrant and seasonal housing, and $1,019,000 for other 
discretionary purposes * * *.''

III. PY 2002 Allocations

    The PY 2002 allocations and the details of how they are made are 
provided in the Table at the end of this Notice. As in the prior three 
program years, the base amount selected for allocation under the 
formula is the PY 1999 allocated amount of $67,596,408. (Refer to 
column ``C'' to see the PY 1999 State allocations without the ``hold-
harmless'' adjustments.)
    The fourth step (80 percent hold-harmless) allocations are given in 
column ``E''. For comparison with the figures in column ``E'', column 
``F'' uses a spreadsheet formula to calculate 80 percent of the PY 1998 
allocations.
    Sustaining 100 percent of the PY 1998 levels: Additional funding is 
provided under congressional direction in each of PY's 1999, 2000, 2001 
and 2002 that establishes the 1998 level as a minimum level for all 
states. This requirement is applied cumulatively in PY 2002 to sustain 
at their 1998 levels those state service areas that receive a declining 
relative share of funding by the progressively-phased implementation of 
the new formula. Column ``G'' shows the additional ``make whole'' 
amounts allocated under the congressional recommendation to bring to 
their PY 1998 levels those State service areas where the demographics 
reflected under the formula show a smaller relative share of eligible 
farmworkers. Column ``H'' shows the total allocations after applying 
the ``make whole'' allocations that sustain the PY 1998 levels as the 
minimum allocation amounts.
    A total of $73,120,657 is allocated as the result of applying this 
requirement. At this stage, the PY 2002 amount allocated is the sum of 
the fourth (80 percent) step's formula allocation (column ``E'') of 
$67,596,409 and the ``make-whole'' amount of $5,524,248, which brings 
all states to a minimum of their PY 1998 levels (column ``G''). The 
total amount allocated at this stage is $1,844,343 less than the 
$74,965,000 minimum amount reserved in the Conference Report ``for 
formula grants.'' For informational purposes, column ``I'' shows what 
the allocation of the PY 2002 formula grants would be without 
adjustments of any kind. PY 2002 is the final step of the graduated 
phase-in of the new formula. To allocate this additional amount 
remaining from the amount reserved for the formula grants, the states 
with a higher amount in Column ``I'' than Column ``H'' are identified 
in column ``J'' by the entries, taken from column ``D'', of the 
unadjusted formula relative shares. Column ``K'' shows the calculation 
of the relative distribution among those states identified in column 
``J''. Column ``L'' distributes the $1,844,343 by using the shares 
determined under column ``K''. Column ``M'' (the sum of columns ``H'' 
and ``L '') provides the final NFJP allocations for PY 2002.

IV. Rhode Island and the Minimum Funding Provisions

    Part V of the May 19, 1999, Federal Register Notice provides that a 
state service area allocated less than $60,000 could be combined with 
an adjoining state service area. As in PY's 2000 and 2001, the PY 2002 
Rhode Island area allocation is combined with the Connecticut area 
allocation.

V. PY 2002 Allocations

    Column ``M'' of the ``Allocation Table'' provides the allocations 
for the NFJP in PY 2002. Grantees will use these figures in preparing 
the PY 2002 NFJP grant plans.

    Signed at Washington, DC, this 31st day of May, 2002.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
BILLING CODE 4510-30-P

[[Page 40968]]

[GRAPHIC] [TIFF OMITTED] TN14JN02.006


[[Page 40969]]


[GRAPHIC] [TIFF OMITTED] TN14JN02.007


[[Page 40970]]


[FR Doc. 02-15070 Filed 6-13-02; 8:45 am]
BILLING CODE 4510-30-C