[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Notices]
[Pages 21813-21816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8410]


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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) 2005 
NFJP, request for comments.

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SUMMARY: Under Section 182(d) of the WIA of 1998, ETA is publishing the 
PY 2005 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 PY beginning July 1, 2005.

DATES: Comments must be submitted on or before May 31, 2005.

ADDRESSES: Comments should be sent to Alina M. Walker, Chief, Division 
of Seasonal Farmworker Programs, Room S-4206, Employment and Training 
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210, e-mail address: [email protected].

FOR FURTHER INFORMATION CONTACT: Alina M. Walker, Chief, Division of 
Seasonal Farmworker Programs, Room S-4206, Employment and Training 
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210, telephone: (202) 693-2706 (this is not a toll-
free number).

SUPPLEMENTARY INFORMATION:

I. Background

    On May 19, 1999, ETA published a notice establishing new factors 
for the formula that allocates funds available for the NFJP in the 
Federal Register at 64 FR 27390. This Federal Register notice is 
available at the following Internet address: http://www.doleta.gov/MSFW/pdf/allocationtable.pdf.
    The May 19, 1999, Federal Register may also be obtained by 
submitting a mail, e-mail or telephone request to Alina M. Walker, 
Chief, Division of Seasonal Farmworker Programs, Room S-4206, 
Employment and Training Administration, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210, e-mail address: 
[email protected], telephone number (202) 693-2706 (this is not a 
toll-free number).
    The May 19, 1999, notice explained the purpose of the formula, 
i.e., 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 data used to run the formula is comprised 
of a combination of data sets that were selected to yield the relative 
share distribution across states of eligible farmworkers. The combined-
data set driven formula is substantially more relevant to the purpose 
of aligning the allocations with the eligible population than the 
allocations determined by the prior formula.
    For PY 2005, the data factors used in the formula remain unchanged 
since they were first developed in 1999. However, the PY 2005 data sets 
used for determining each state's relative share of eligible 
farmworkers have been updated with more recent data available from the 
2000 Census, the 2003 National Agricultural Workers Survey (NAWS), and 
the 2002 Census of Agriculture.

II. Limitations on Uses of Section 167 Funds

    In appropriating the funds for PY 2005, Congress provided in the 
Consolidated Appropriations Act, 2005 (P.L. 108-447) $76,370,000 for 
carrying out Section 167 of the Workforce Investment Act of 1998, 
including $71,787,000 for state service area grants,

[[Page 21814]]

$4,583,000 for migrant and seasonal farmworker housing grants, and 
$504,000 for Section 167 training, technical assistance and related 
activities. Funds for migrant rest center activities are included in 
the $504,000 available for technical assistance and training.
    Public Law 108-447 also includes a 0.80 percent government-wide 
across-the-board rescission. A total of $71,690,318 for formula grants 
is available for allocation as a result of applying this rescission.

III. PY 2005 Allocation Formula

    The formula distribution for the $71,690,318 available for 
allocation in PY 2005 reflects the state-by-state relative share of 
eligible farmworkers as determined by the updated combined data sets 
described in the May 19, 1999, Federal Register notice. Additional 
``hold-harmless'' and ``stop-loss''/``stop-gain'' adjustments to the 
formula were applied for the PY 2005 NFJP fund allocation. The ``hold-
harmless'' adjustment provides that states would receive no less than 
85 percent of their comparable 1998 allocation levels. This ``hold-
harmless'' adjustment has been applied to the formula allocations in 
the last three years. The ``stop-loss''/``stop-gain'' adjustment is 
used for the first time this year and provides that states would 
receive no less than 75 percent or no more than 150 percent of their 
relative share of the total PY 2004 formula allocations to all States. 
Of the two minimums, states would receive the higher of the ``hold-
harmless'' or the ``stop-loss'' amount (limited by the ``stop-gain'' if 
necessary).
    To make these adjustments, each state's PY 2005 formula allocation 
calculation was first compared to a minimum amount equal to the higher 
of 85 percent of its PY 1998 dollar allocation or 90 percent of its 
relative share in PY 2004 multiplied by the PY 2005 total formula 
amount. For each state, if its minimum level allocation was higher than 
the amount indicated by the unadjusted formula allocation, the minimum 
level was assigned to that state. All such states' assigned minimum 
level allocations were added and these states, along with their 
assigned amounts, were removed from the remaining calculations.
    For the remaining states whose unadjusted formula amounts were 
higher than their respective minimum levels, their formula amounts were 
added and the total was compared to the total amount of remaining 
funds. Because there were less funds remaining available, each 
remaining state's formula amount was reduced by the same proportion 
that the total remaining funds bore to the total remaining states' 
formula amounts. This reduced allocation amount for each state was 
again tested against its minimum comparison level and the above process 
was repeated until there were no remaining states being assigned their 
minimum level.
    For the remaining states that were not assigned a minimum level, 
each state's reduced formula amount was then compared to a maximum 
amount equal to 150 percent of its relative share in PY 2004 multiplied 
by the PY 2005 total formula amount. For each state, if the maximum 
level allocation was lower than their adjusted formula allocation 
amount, the maximum level was assigned to that state. All such states' 
assigned maximum level allocations were added and these states, along 
with their assigned amounts, were removed from the remaining 
calculations.
    For the remaining states, their adjusted formula amounts were added 
and the total was compared to the total amount of remaining funds. 
Because there were additional funds available for the remaining states, 
each remaining state's formula amount was increased by the same 
proportion that the total remaining funds bore to the total remaining 
states' formula amounts. This adjusted allocation amount for each state 
was again tested against its maximum comparison level and the above 
process was repeated until there were no remaining states being 
assigned their maximum level.
    Each state's final allocation was either the assigned minimum or 
maximum level or the final proportionally adjusted formula amount.

IV. State Combinations

    We anticipate a single plan of service for operating the PY 2005 
NFJP in the jurisdiction comprised of Delaware and Maryland and the 
jurisdiction comprised of Rhode Island and Connecticut.

V. PY 2005 Allocations

    The ``Allocation Table'' provides the allocations for the NFJP in 
PY 2005. NFJP grantees and other interested organizations should use 
these figures in preparing proposals in response to the PY 2005 
Solicitation for Grant Applications (SGA) for the National Farmworker 
Jobs Program (NFJP).

    Signed at Washington, DC, this 22nd day of April 2005.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
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[FR Doc. 05-8410 Filed 4-26-05; 8:45 am]
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