[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR633.105]

[Page 308-309]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 633--MIGRANT AND SEASONAL FARMWORKER PROGRAMS--Table of Contents
 
                   Subpart A--Introductory Provisions
 
Sec. 633.105  Allocation of funds.

    (a) National Account. (1) Up to 6 percent of the statutory reserves 
for section 402 activities may be set aside for the National Account to 
be used for technical assistance and for special projects funded at the 
discretion of the Department.
    (2) Funds from the National Account may be obligated by the 
Department by means of either contracts or grants to private nonprofit 
agencies, to private profitmaking organizations, to

[[Page 309]]

States and local units of government, or public agencies.
    (b) State allocations (allocable funds). (1) No less than 94 percent 
of the funds received for section 402 activities shall be allocated for 
farmworker programs in individual States in an equitable manner using 
the best data available as to the farmworker population as determined by 
the Department. The formula used to determine State allocations will be 
published in the Federal Register for review and comment, along with the 
rationale for such formula and proposed allocations, no later than 30 
days prior to the publication of the final allocations of available 
funds in the Federal Register.
    (2) Allocation Exceptions. (i) The Department reserves the right not 
to allocate any funds for use in a State whose allocation is less than 
$120,000.
    (ii) Those funds not allocated will be available for technical 
assistance and special projects funded at the discretion of the 
Department.
    (iii) Current grantees which are unsuccessful applicants for new 
grant funds shall be given notice that funds will expire and that a 
reasonable period will be given to phase out their operations. Such 
notice will not bind the Department to obligate additional funds. The 
notification of nonselection shall be the notice of termination of funds 
and departmental closeout requirements are to be followed.
    (3) Allocation Adjustment. In situations where the Department 
determines that the formula allocation will result in severe disruption 
of funding levels from one year to the next, a hold harmless or other 
factor to minimize such disruption may be used.
    (4) Funding cycle. Projects will be funded in accordance with a 
schedule to be specified by the Department in the Federal Register:
    (i) Announcement of State planning estimates and an invitation to 
submit applications for State(s) or area(s) open for competition as 
provided in the Solicitation for Grant Application (SGA).
    (ii) Deadline for submission of Preapplication for Federal 
Assistance Forms.
    (iii) Deadline for submission of applications.