[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Pages 44399-44400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18315]


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LEGAL SERVICES CORPORATION


Agricultural Worker Population Data for Basic Field--Migrant 
Grants

AGENCY: Legal Services Corporation.

ACTION: Notice.

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SUMMARY: The Legal Services Corporation (LSC) provides special 
population grants to effectively and efficiently fund civil legal aid 
services to address the legal needs of agricultural workers and their 
dependents through grants entitled ``Basic Field--Migrant.'' The 
funding for these grants is based on data regarding the eligible client 
population to be served. LSC has obtained from the U.S. Department of 
Labor new data regarding this population that are more current than the 
data LSC has been using and that better reflect the population to be 
served. On February 3, 2015, LSC sought comments on the use of that 
data for grants beginning in January 2016 and related issues. Based on 
the comments received, LSC will not use the data for 2016 grants. LSC 
will make public additional information underlying the new data, 
contract with the Department of Labor for assistance addressing issues 
raised in the comments, consider development of revised data, and seek 
public comment on any revised data and a revised implementation plan. 
Implementation would begin January 2017.

FOR FURTHER INFORMATION CONTACT: Mark Freedman, Senior Assistant 
General Counsel, Legal Services Corporation, 3333 K St. NW., 
Washington, DC 20007; 202-295-1623 (phone); 202-337-6519 (fax); 
[email protected].

SUPPLEMENTARY INFORMATION: The Legal Services Corporation (``LSC'' or 
``Corporation'') was established through the LSC Act ``for the purpose 
of providing financial support for legal assistance in noncriminal 
matters or proceedings to persons financially unable to afford such 
assistance.'' 42 U.S.C. 2996b(a). LSC performs this function primarily 
through distributing funding appropriated by Congress to independent 
civil legal aid programs that provide legal services to low-income 
persons throughout the United States and its possessions and 
territories. 42 U.S.C. 2996e(a)(1)(A). LSC designates geographic 
service areas and structures grants to support services to the entire 
eligible population in a service area or to a specified subpopulation 
of eligible clients. 45 CFR 1634.2(c) and (d), 1634.3(b). LSC awards 
these grants through a competitive process. 45 CFR part 1634. Congress 
has mandated that LSC ``insure that grants and contracts are made so as 
to provide the most economical and effective delivery of legal 
assistance to persons in both urban and rural areas.'' 42 U.S.C. 
2996f(a)(3).
    Throughout the United States and U.S. territories, LSC provides 
Basic Field--General grants to support legal services for eligible 
clients. LSC provides funding for those grants on a per-capita basis 
using the poverty population as determined by the U.S. Census Bureau 
every three years. Sec. 501(a), Public Law 104-134, 110 Stat. 1321, 
1321-50, as amended by Public Law 113-6, div. B, title IV, 127 Stat. 
198, 268 (LSC funding formula adopted in 1996, incorporated by 
reference in LSC's appropriations thereafter, and amended in 2013). 
Since its establishment in 1974, LSC has also provided subpopulation 
grants to support legal services for the needs of agricultural workers 
through Basic Field--Migrant grants under the authority of the LSC Act 
to structure grants for the most economic and effective delivery of 
legal assistance. 42 U.S.C. 2996f(a)(3). Congress amended the LSC Act 
in 1977 to require that LSC conduct a study of the special legal needs 
of various subpopulations, including migrant or seasonal farm workers, 
and develop and implement appropriate means of addressing those needs. 
42 U.S.C. 2996f(h). LSC's study, issued in 1979, concluded that 
specialized legal expertise and knowledge were needed to address the 
distinctive ``unmet special legal problems'' that migrant and seasonal 
farmworkers shared because of their status as farmworkers. Legal 
Services Corporation, Special Legal Problems and Problems of Access to 
Legal

[[Page 44400]]

Services of Veterans, Migrant and Seasonal Farm Workers, Native 
Americans, People, with Limited English-Speaking Ability, and 
Individuals in Sparsely Populated Areas, 1979.
    LSC provides funding for Basic Field--Migrant grants on a per-
capita basis by determining the size of the subpopulation and 
separating that population from the overall poverty population for the 
applicable geographic area or areas. LSC expects programs receiving 
these grants to serve the legal needs of a broad range of eligible 
agricultural workers and their dependents who have specialized legal 
needs that are most effectively and efficiently served through a 
dedicated grant program. LSC currently uses data regarding migrant and 
seasonal farmworkers, and their families, from the early 1990s, with 
some adjustments based on changes in the general poverty population. 
These data are no longer current and do not reflect the entire 
population served by these grants.
    The United States Department of Labor, Employment and Training 
Administration (ETA), collects data regarding agricultural workers for 
federal grants serving the needs of the American agricultural worker 
population. The U.S. Census Bureau does not maintain data regarding 
agricultural workers. LSC has contracted with ETA to obtain more 
current data regarding the agricultural worker population served by 
these grants. ETA has provided LSC with these data, including state-by-
state breakdowns. The changes in data will result in changes in funding 
levels for these grants.
    In January of 2015, LSC management (Management) proposed to the LSC 
Board of Directors (Board) that LSC seek comments on using the new data 
for these grants as follows:
    (1) Implementing the new data for calculation of these grants 
beginning in January 2016;
    (2) phasing in the funding changes to provide intermediate funding 
halfway between the old and new levels for 2016 and to fully implement 
the new levels for 2017; and
    (3) updating the data every three years on the same cycle as LSC 
updates poverty population data from the U.S. Census Bureau for the 
distribution of LSC's Basic Field--General grants.
    Upon approval by the Board's Operations and Regulations Committee 
(Committee) on January 22, 2015, and the Board on January 24, 2015, LSC 
published a notice for comment on this proposal in the Federal Register 
on February 3, 2015, 80 FR 5791. LSC extended the comment period to 
April 20, 2015, via notice in the Federal Register on March 19, 2015, 
80 FR 14413. Management's proposal, related documents and the comments 
submitted are available at: http://www.lsc.gov/about/mattersforcomment.php.
    LSC received eleven comments from ten individuals or organizations. 
The National Legal Aid and Defender Association (NLADA) submitted two 
comments--one from the NLADA Civil Policy Group and one from the NLADA 
Farmworker Section.
    The comments all supported the proposal to use more current data 
for apportioning funding to and among these grants. Some comments 
raised concerns about the source data and the methodology used. In 
particular, concerns were raised about the types of state groupings 
used for distribution of the data among the states. Those comments 
stated that the groupings did not accurately reflect the patterns of 
employment and residence for low-income agricultural workers and their 
dependents. Some comments identified additional sources of data for 
determining the relevant populations in some states. Comments also 
sought additional access to the source data and methodology used by the 
Department of Labor. Other issues raised by the comments included the 
scope of the definition of ``agricultural worker,'' implementation over 
two or three years, and adjustments to the data for aliens eligible 
under federal law for LSC services based on sexual abuse, domestic 
violence, trafficking, or other abusive or criminal activities. See 45 
CFR 1626.4--Aliens eligible for assistance under anti-abuse laws.
    Based on these comments, Management proposed to the Committee that 
LSC further investigate improvements to the data, postpone prospective 
implementation until January 2017, seek additional comments on revised 
options, and publish this notice. On July 16, 2015, the Committee 
approved Management's proposal. On July 18, 2015, the Board adopted the 
recommendation of Management and the Committee.
    Management has contracted with ETA to obtain expert review of the 
issues regarding source data and methodology raised by the comments. 
Management will publish on the Matters for Comment page of www.lsc.gov 
additional information regarding the source data and methodology. 
Management will also determine whether ETA can provide revised data 
based on some of the considerations raised in the comments. Based on 
this review and any other relevant information, LSC will publish for 
comment any revised data and a proposal for implementation. 
Implementation would begin January 2017.

    Dated: July 22, 2015.
Stefanie K. Davis,
Assistant General Counsel.
[FR Doc. 2015-18315 Filed 7-24-15; 8:45 am]
BILLING CODE 7050-01-P