[Federal Register: April 12, 2004 (Volume 69, Number 70)]
[Notices]               
[Page 19238-19239]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap04-101]                         

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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) 2004 
NFJP, request for comments.

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SUMMARY: Under section 182(d) of the WIA of 1998, ETA is publishing the 
PY 2004 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, 2004.

DATES: Comments must be submitted on or before May 31, 2004.

ADDRESSES: Comments should be sent to Ms. 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: 
walker.alina@dol.gov.


FOR FURTHER INFORMATION CONTACT: Ms. 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, we published a notice of a new 
formula for allocating funds available for the NFJP in the Federal 
Register at 64 FR 27390. The notice explains how the 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 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.
    Under the notice of May 19, 1999, the implementation schedule for 
the allocation formula provided that, following PY 2002, the formula 
would be applied without adjustment for the hold-harmless provisions 
described in Section IV of that notice. However, House Report No. 108-
188 related to the Consolidated Appropriations Act for PY 2004, 
requires that in PY 2004, no area receive less than 85 percent of its 
1998 level. Section III explains the methodology used for PY 2004 to 
allocate funds under the formula and to satisfy the 85 percent 
requirement. This methodology produces a more equitable result than the 
one applied for each of the four years of the hold-harmless phase. The 
methodology under the hold-harmless phase (PYs 1999 through 2002) 
funded all states at their required minimum level before allocating the 
remaining funds in accordance with the formula.
    II. Limitations on Uses of Section 167 Funds. In appropriating the 
funds for PY 2004, Congress provided in its Consolidated Appropriations 
Act 108-199 as follows: ``That, notwithstanding any other provision of 
law or related regulation, $77,330,000 shall be for carrying out 
discretionary purposes. * * *'' The Act includes a 0.59 percent across-
the-board rescission requirement. A total of $71,786,943 for formula 
grants is allocated as a result of applying this requirement.
    III. PY 2004 Allocation Formula. The first step of the formula for 
PY 2004 distributes the total formula funds of $71,786,943 on the basis 
of the relative share of eligible farmworkers as determined by the 
combined datasets of the formula described in the May 19, 1999, notice. 
Congress provided in House Report 108-188, which concerns the 
appropriations for PY 2004, that those states impacted by formula 
reductions would receive no less than 85 percent of their comparable 
1998 allocation levels. Consequently, the amount for each state 
calculated in step one was compared to an amount equal to 85 percent of 
each state's PY 1998 allocation. If the 1998 comparison level was 
higher for a state, that amount was assigned to that state. All such 
states' assigned 1998 comparison levels were added and these states 
were removed from the remaining calculations. For the remaining states 
whose formula amounts were higher than their PY 1998 allocations, their 
formula amounts were added and the total was compared to the total 
amount of remaining funds. Since there were less funds remaining 
available, each remaining state's formula amount was reduced by the 
same proportion the total remaining available funds bore to the total 
remaining states' formula amounts. This reduced distribution was again 
tested against the 1998 comparison level and the above process was 
repeated until there were no remaining states being assigned the 1998 
comparison level. Each state's final allocation was either the assigned 
1998 comparison level or the final proportionally reduced formula 
amount.
    IV. State Combinations. We anticipate a single plan of service for 
operating the PY 2004 NFJP in the jurisdiction comprised of Delaware 
and Maryland and the jurisdiction comprised of Rhode Island and 
Connecticut.
    PY 2004 Allocation: The ``Allocation Table'' provides the 
allocations for the NFJP in PY 2004. NFJP grantees will use these 
figures in preparing in PY 2004 grant plans.

    Signed at Washington, DC, this 29th day of March 2004.
Emily Stover DeRocco,
Assistant Secretary for Employment and Training.

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