97-1101. Job Training Partnership Act: Migrant and Seasonal Farmworker Programs; Proposed Allocation Formula  

  • [Federal Register Volume 62, Number 11 (Thursday, January 16, 1997)]
    [Notices]
    [Pages 2387-2394]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-1101]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF LABOR
    
    Employment and Training Administration
    
    
    Job Training Partnership Act: Migrant and Seasonal Farmworker 
    Programs; Proposed Allocation Formula
    
    AGENCY: Employment and Training Administration, Labor.
    
    ACTION: Notice of a proposed updated allocation formula described 
    herein, and request for comments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Employment and Training Administration is publishing a 
    notice of a description of and rationale for a new allocation formula 
    for the Job Training Partnership Section 402 migrant and seasonal 
    farmworker programs, and a presentation of preliminary State planning 
    estimates derived therefrom for Program Year (PY) 1997 (July 1, 1997 
    through June 30, 1998). Public comment is requested.
    
    DATES: Written comments on this notice are invited and must be received 
    on or before March 3, 1997.
    
    ADDRESSES: Written comments shall be submitted to Director, Office of 
    Special Targeted Programs, Employment and Training Administration, U.S. 
    Department of Labor, Room N-4641, 200 Constitution Avenue, NW., 
    Washington, DC 20210.
    
    FOR FURTHER INFORMATION CONTACT:
    Mr. Charles C. Kane, Chief, Division of Seasonal Farmworker Programs. 
    Telephone: (202) 219-5500 (this is not a toll-free number) or e-mail: 
    kanec@doleta.gov>.
    
    I. Introduction, Scope and Purpose of Notice
    
        This notice is published pursuant to Section 162(d) of the Act, 
    which states:
        Whenever the Secretary utilizes a formula to allot or allocate 
    funds made available for distribution at the Secretary's discretion 
    under this Act, the Secretary shall, not later than 30 days prior to 
    such allotment or allocation, publish such formula in the Federal 
    Register for comments along with the rationale for the formula and the 
    proposed amounts to be distributed to each State and area. After 
    consideration of any comments received, the Secretary shall publish 
    final allotments and allocations in the Federal Register.
        Thus, this notice represents the first part of a two-stage process. 
    Upon receipt of comments from the public regarding this notice, 
    modifications to the proposed formula and preliminary planning 
    estimates will be considered. In the second stage, the final formula 
    and planning estimates will be published in the Federal Register.
        The formula is developed for the purpose of distributing funds 
    geographically by State service areas, on the basis of each State 
    service area's relative share of persons eligible for the program. 
    Beginning with PY 1997, a revised allocation formula is proposed which 
    will update the allocation of funds among the States by using more 
    current data on the distribution of the farmworker population. The 
    revised formula is the result of work done by an Interagency Task Force 
    on Farmworker Population Data (Task Force). The Task Force was convened 
    by ETA in an effort to refine the allocation formula used since 1986.
        Part II of this notice provides a discussion for public comment of 
    the issues associated with farmworker population data, including: a 
    description of available farmworker population data sources; a 
    discussion of the factors affecting formula construction; and the 
    rationale for the proposed formula.
        Part III describes a hold-harmless provision which is proposed to 
    be put into place for three years following the implementation of the 
    revised allocation formula. The hold-harmless provision is designed to 
    provide a staged transition from old to new funding levels for State 
    service areas.
        Part IV describes the proposed application of the formula and the 
    hold-harmless provision using the PY 97 appropriation. These results 
    are presented in a Table appended to this notice.
    
    II. Description of Proposed Allocation Formula
    
    A. Interagency Task Force on Farmworker Population Data
    
        In April 1994, a special task force was convened to explore options 
    for revising the existing formula and its data bases. The Interagency 
    Task Force on Farmworker Population Data consisted of specialists in 
    the fields of demography, economics, sociology, survey research, 
    statistics; an employment and training programs specialist; and a 
    representative of JTPA Section 402 grantees. Staff from ETA, the Bureau 
    of Labor Statistics, the Economic Research Service of the U.S. 
    Department of Agriculture, and the Bureau of the Census of the U.S. 
    Department of Commerce were represented in this group. The Task Force 
    was fortunate to include three members of the 1986 Interagency Task 
    Force that developed the original allocation formula, which the 
    proposed
    
    [[Page 2388]]
    
    formula in this notice revises and updates.
        The Task Force examined a wide variety of issues in considering 
    those most important to developing a funding formula. The formula 
    proposed in this notice is intended to be responsive to the many 
    concerns about and interest in farmworker population data. It 
    represents the Task Force's best effort at crafting a funding 
    methodology which meets the following statutory and administrative 
    requirements:
        (1) The need to use the most current data available on the 
    farmworker population distribution among States and counties;
        (2) The need to employ detailed data which enumerate the farmworker 
    population at the State level, to correlate with the State-by-State 
    geographical level at which funds are allocated; and
        (3) The need to use data which are descriptive and relevant--that 
    is, which address the socio-economic conditions, particularly the 
    occupations and incomes, experienced by the farmworker population 
    served by the JTPA Section 402 program.
    
    B. Discussion of Data Sources
    
        The following eight data bases were evaluated for possible use in 
    the formula distribution of JTPA Section 402 funds: Census of 
    Population, Census of Agriculture, National Agricultural Workers 
    Survey, Current Population Survey, Farm Labor Survey, Farm Costs and 
    Returns Survey, Bureau of Economic Analysis data, and Migrant 
    Enumeration Project data. Each is discussed separately below. Three 
    measures were applied to each of the data bases. A measure of currency 
    determined whether the data bases were composed of more recent or more 
    obsolete data. A measure of detail determined whether data bases 
    offered descriptions of the farmworker population at national, State 
    and county levels. A measure of relevance determined whether data bases 
    contain meaningful data on the socio-economic conditions experienced by 
    the population. These measures were applied to each data source 
    separately, and in combination with others to determine which one or 
    ones would be suitable for a revised formula.
    1. Census of Population
        Presently, the Decennial Census of Population (COP) is the only 
    source of data on the farmworker population that provides information 
    on their socio-economic characteristics which is equally available at 
    national, State, and county levels. This is perhaps its greatest 
    strength. The COP, among other things, counts individuals by 
    occupation, industry, income level, and provides the number of family 
    members for respondents. All of these are factors associated with 
    participant eligibility in the JTPA Section 402 program. Finally, the 
    COP has been used, in whole or in part, for the past decade to allocate 
    JTPA Section 402 funds. The funding levels to the grant programs which 
    now comprise the JTPA Section 402 system have been relatively stable as 
    a result.
        The COP also has a number of recognized weaknesses with regard to 
    counting the farmworker population. These have been described 
    elsewhere, by numerous, knowledgeable critics and this notice contains 
    only a brief recapitulation of these problems. The 1990 COP was 
    conducted during one reference week period, generally the last week in 
    March or the first week in April. The enumeration in early Spring 
    occurred at a time during which agricultural activity across the 
    country was limited. Occupational questions on the Census form 
    concerned the chief job activity during the survey week. Consequently, 
    those farmworkers who were unemployed due to the seasonal nature of 
    agricultural, or who were employed for a majority of hours in a nonfarm 
    occupation, would not be counted as farmworkers by Census enumerators.
        Migrant and seasonal farmworkers as a group, are characterized by 
    many members who: have no fixed address; are highly migratory; have 
    limited English-speaking abilities; have low educational levels; work 
    intermittently in various agricultural and non-agricultural occupations 
    during a single year; have only casual employer-employee links; live in 
    rural, often remote, areas; and are unfamiliar with or actively 
    distrustful of government agencies and agents, such as Census 
    enumerators. The consequent non-identification of such individuals as 
    farmworkers tended to exacerbate the problem of under-counting this 
    population.
        The COP's weaknesses as a measuring instrument also include the 
    fact that it occurs decennially and there are no intercensal surveys of 
    equivalent breadth. Additionally, measures of the farmworker (or any 
    occupationally-defined) population, are the result of projections made 
    from a sample (in that case 17 percent of households), not the universe 
    of respondents. However, it should be noted that virtually all 
    farmworker data sources suffer this weakness. As a mitigating factor, 
    the COP is based on a much larger sample of households than any other 
    data set.
    2. Census of Agriculture
        The Census of Agriculture (COA) conducted every five years, 
    measures total hired and contract labor expenses incurred in the 
    operation of farms during an entire year. Additionally, there is a 
    periodic enumeration of the number of hired (but not contract) workers 
    on farms. The COA combined tallies of labor expenditures and number of 
    workers, capture virtually all farmworkers who worked for wages. The 
    COA also offers the most complete geographic coverage of hired and 
    contract farm labor, as measured by labor expenses.
        The weakness of the COA include the fact that no measures of 
    individual worker earnings are available. Therefore, it is not possible 
    to determine, without additional refinement of these data, the number 
    and distribution of the economically disadvantaged farmworkers who are 
    the target population for JTPA Section 402 services. Neither does the 
    COA record data based on discrete occupations within agriculture, or 
    the number of farmworker dependents. The COA expenditure data include 
    farm owners/managers, secretaries, clerks and others who are not 
    eligible for program services based on their occupation. In the tally 
    of hired farmworkers, there is a potential for a duplicate count given 
    the high level of turnover in this industry. Finally, there is a 
    potential problem of using expenditure data as a proxy for the number 
    of farmworkers in the States, since areas with substantial agribusiness 
    may have higher unit costs, and higher expenditures do not necessarily 
    equate with larger numbers of workers.
    3. National Agricultural Worker Survey
        The National Agricultural Workers Survey (NAWS), published by the 
    Department, is conducted three times annually at peak and slack 
    agricultural seasons (January, May and September) and surveys a random 
    sample of agricultural workers. The NAWS is rich in demographic and 
    socio-economic detail, and includes income and family member data.
        The principal weakness of the NAWS is that it does not provide an 
    estimate of either the size or the distribution of the farmworker 
    population among the States. A secondary weakness is that its 
    description of the farmworker population is based on a relatively small 
    sample of between 2,000 and 2,700 respondents located in 72 
    predominantly agricultural counties in 25 States. Additionally, the 
    surveyed respondents work only in perishable
    
    [[Page 2389]]
    
    commodities and the NAWS does not survey farmworkers in livestock 
    production; thus, it excludes those livestock workers who may be 
    eligible for JTPA Section 402 program services.
    4. Current Population Survey
        The Current Population Survey (CPS), published by the Bureau of 
    Labor Statistics, is a monthly probability survey based on a random 
    sample of about 57,000 households. Earnings questions are directed to a 
    subset of the sample households. Although this is the most timely of 
    the data sources considered, with regard to the farmworker population, 
    the extremely small sample size limits its applicability to the whole 
    farmworker population. Furthermore, because of low statistical 
    reliability, DOL does not publish State estimates directly from the CPS 
    for most States.
    5. Farm Labor Survey
        The Farm Labor Survey (FLS), published by the National Agricultural 
    Statistics Service, is a quarterly count (for California, Florida, and 
    the full United States) of all wage and salary workers on the farm, 
    including clerical and maintenance workers, but excluding contract 
    workers. The FLS is a probability survey based on a sample of roughly 
    15,000 farms. It projects from this sample the average number of 
    persons engaged in agriculture in 16 States and 15 regions comprised of 
    two or more States. No income information is available from FLS data. 
    However, the FLS reports annual average hourly wages for all hired, 
    field, field and livestock, and hourly workers. Agricultural service 
    workers and contract workers are excluded. The hourly wage rates are 
    available for all States except Alaska. The District of Columbia and 
    the Commonwealth of Puerto Rico also are excluded. These annual wage 
    rates are averages of the wage rates for each survey week, weighted by 
    the number of hours worked during the week. The annual average is based 
    on data collected for January, April, July and October.
    6. Farm Costs and Returns Survey
        The annual Farm Costs and Returns Survey (FCRS) data reflect total 
    hired and contract labor expenses incurred in the operation of farms 
    during the entire year, including expenses for secretaries and 
    maintenance workers. No individual income data are available from the 
    FCRS, nor are State estimates of the farmworker population derived 
    directly from the FCRS. The FCRS data are used to calculate a national 
    estimate which is then distributed to the States, primarily by using 
    data from the Census of Agriculture.
    7. Bureau of Economic Analysis
        Bureau of Economic Analysis (BEA) data consist of annual estimates 
    of all wage and salary workers, including farmworkers and others 
    working on a farm, such as clerical and maintenance workers, but 
    excluding contract workers. The BEA estimates are based on data from 
    the Farm Labor Survey, the Farm Costs and Returns Survey, the Census of 
    Agriculture discussed above, and Unemployment Insurance Program data.
    8. Migrant Enumeration Project
        The Migrant Enumeration Project (MEP) data on the number of 
    farmworkers are developed from a Demand for Labor study sponsored by 
    the Office of Migrant Health of the Department of Health and Human 
    Services in 1991-92. The formula used in the study is constructed from 
    information on crop acreage, hours needed to perform a specific 
    operation (e.g. harvest) on one acre of the crop, work hours per 
    farmworker per day, and season length for peak work activity. This 
    information was collected in counties with a migrant presence. Inter- 
    and intra-State duplicate counts are likely with this methodology. The 
    number of dependents found by the MEP was calculated based on NAWS 
    data. No farmworker income information is available from the MEP.
    
    C. Data Correlation
    
        To test the cohesion of the various data bases, the Task Force made 
    a comparison of relative distributions for those data bases able to 
    provide estimates on a State-by-State level. The NAWS was excluded 
    because it does not provide estimates of the distribution of 
    farmworkers. Analysis revealed a surprising degree of correlation 
    (ranging from 0.8 to 0.99) among the data bases as to the relative 
    distribution of farmworkers, despite their differing methodologies, 
    timing, definitions of farmworkers and scope. The degree of correlation 
    deteriorates when data on the large agricultural States of California, 
    Florida and Texas are excluded. In particular, with these States 
    excluded, MEP and CPS data correlate very poorly with other data sets. 
    Even so, the data sets which are proposed for the formula--the COP, the 
    FLS and the COA--range in correlation from 0.86 to 0.91 with all States 
    included and from 0.64 to 0.80 with California, Florida and Texas 
    excluded.
    
    D. Proposed Allocation Formula
    
        Based on evaluation of the data bases, the Department proposes that 
    the data for the allocation of JTPA Section 402 funds among the States 
    in PY 1997 will come from the 1990 Census of Population, the 1992 
    Census of Agriculture, and the 1992 Farm Labor Survey. These three data 
    bases, while limited in the aspects discussed in this notice, 
    nevertheless meet the tests of currency, detail, and relevance. The 
    Department's decision to continue to use 1990 COP data is, in part, 
    based on Section 162(a) of the Act which provides:
        All allotments and allocations under this Act shall be based on the 
    latest available data and estimates satisfactory to the Secretary. All 
    data relating to economically disadvantaged and low-income persons 
    shall be based on 1980 Census or later data.
        One set of data obtained from the 1990 COP and proposed for use in 
    the formula, is the number of workers in certain occupational and 
    industrial codes associated with agriculture, who reported on the 
    Census questionnaire that they earned an income at or below 70 percent 
    of the Lower Living Standard Income Level (LLSIL) set by the Bureau of 
    Labor Statistics.
        A second component of the formula is labor expenditure from the 
    Census of Agriculture 1992. Labor expenditure data are a function of 
    wages times hours worked. Since wage rates vary widely by geographic 
    area, the proposed formula converts expenditures from an absolute to a 
    relative measure by dividing State expenditures by the annual average 
    hired farmworker's wage rate in each State to derive an hours-worked 
    figure. The wage rate data are from the 1992 Farm Labor Survey. Because 
    the FLS does not report on Puerto Rico annual average wages, data for 
    on-the-job training hourly wages in agriculture, from the JTPA Section 
    402 grantee for the Commonwealth of Puerto Rico, were used as a 
    substitute. Although the COA/FLS data set does not directly measure the 
    number of farmworkers, it does provide a measure of total work supplied 
    farmworkers, and the Department believes it will serve as an effective 
    proxy.
        Of the amounts available for allocation by formula for each program 
    year and which will not be set aside for use in technical assistance or 
    special projects pursuant to 20 CFR 633.105(b)(2)--
        (1) Fifty percent of the funds would be allocated on a State-by-
    State basis using 1990 Census data on the relative share distribution 
    of farmworkers
    
    [[Page 2390]]
    
    among the States who: (a) performed eligible farmwork, and (b) were 
    economically disadvantaged, defined as family income at or below 70 
    percent of the Lower Living Standard Income Level; and
        (2) Fifty percent of the funds would be allocated on a State-by-
    State basis according to the relative share distribution of an estimate 
    of the total number of hours of farmwork in each State, determined by 
    using Census of Agriculture data on the total labor expenditures in 
    each State, adjusted by the average annual hourly wage in agriculture, 
    derived from the FLS.
        This two-part formula is intended to provide an equitable 
    distribution of the funds available for PY 1997 and beyond.
    
    E. Special Tabulation of COP Data
    
        The State data from the 1992 Census of Agriculture and the Farm 
    Labor Survey portions of the formula were taken from published reports 
    with no further refinement of data.
        To collect data for the COP portion of the proposed formula, 
    several steps were taken. The Department requested a special tabulation 
    of 1990 COP data from the Bureau of the Census in the form of a 
    selection of Standard Occupational Classification (SOC) and Standard 
    Industrial Classification (SIC) codes which contain information 
    somewhat different from that used in the current formula.
    
    F. SOC and SIC Codes
    
        COP equivalents were used to capture individuals in the following 
    Standard Occupational Classification codes:
    
    473--farmers, except horticultural
    474--horticultural specialty farmers
    475--managers, farms except horticultural
    476--managers, horticultural specialty farms
    477--supervisors, farm workers
    479--farm workers
    483--marine life cultivation workers
    484--nursery workers
    485--supervisors, related agricultural occupations
    488--graders and sorters, agricultural products
    489--inspectors, agricultural products
    494--supervisors, forestry and logging workers
    495--forestry workers, except logging
    496--timber cutting and logging occupations
    497--captains and other officers, fishing vessels
    498--fishers
    
        COP equivalents were used to capture individuals in the following 
    Standard Industrial Classification codes:
    
    001--agricultural production, crops
    002--agricultural production, livestock
    007--agricultural services
    008--forestry
    009--fishing, hunting and trapping
    241--logging
    515--farm products, raw materials
    
        The Department attempted to examine the widest possible range of 
    workers in agricultural activities in designing its special tabulation. 
    Some of the SOC and SIC categories that were considered are new, e.g., 
    SOC codes 494-498 and SIC codes 008, 009, 241 and 515. The following 
    SOC and SIC codes were deleted as not being representative of the 
    population served by the JTPA Section 402 program: SOC 496--timber 
    cutting and logging occupations; SOC 497--captains and other officers, 
    fishing vessels; SIC 241--logging; and SIC 515--farm products, raw 
    materials. One result of the codes selected for the proposed formula is 
    that funds would be allocated for Alaska. This is almost solely due to 
    a significant number of low income individuals in fishing occupations. 
    Under the current formula, Alaska does not receive JTPA Section 402 
    funds because of the minimal level of farmwork activity. The Department 
    specifically requests comment on which of the above SOC and SIC codes 
    are appropriate to be retained for the farmworker population database.
        The special tabulation was built around a number of tables which 
    provide discrete information on the farmworker population. Data are 
    available on:
        (1) The whole count of farmworkers;
        (2) The count of farmworkers falling below the Poverty Index;
        (3) The count of farmworkers falling below 70 percent of the LLSIL;
        (4) The count of individuals who did any farmwork in 1989; this 
    table attempts to capture individuals who, at the time of the Census in 
    April 1990 were farmworkers, but who were unemployed and whose last 
    chief job was in farmwork;
        (5) The count of farmworker families falling below the Poverty 
    Index;
        (6) The count of farmworker families falling below 70 percent of 
    the LLSIL;
        (7) The count of farmworker family members falling below the 
    Poverty Index; this table is a proxy for farmworker dependents who are 
    potentially eligible for JTPA Section 402 program services; and
        (8) The count of farmworker family members falling below 70 percent 
    of the LLSIL; this table is a proxy for farmworker dependents who are 
    potentially eligible for JTPA Section 402 program services.
    
    G. Other Formula Design Issues
    
        Following are some of the ancillary issues which surfaced or were 
    revisited (from the 1986 formula deliberations) during the preparation 
    of the proposed new formula.
    1. LLSIL v. Poverty Index
        The special tabulation from the COP provides counts of farmworkers 
    falling under the Poverty Index and farmworkers falling under 70 
    percent of the LLSIL. In 1986, the Department decided to change from 
    the Poverty Index to the LLSIL. The Rationale at the time was that this 
    change was consistent with program regulations and the practice of 
    programs funded through other Titles of the JTPA. That rationale 
    continues to be applicable to the proposed formula. As well, the LLSIL 
    count captures a larger absolute number of farmworkers in all States 
    with the exception of Connecticut, Maine, Massachusetts, and Rhode 
    Island. These States experience a large reduction in their relative 
    share under the LLSIL count. Rhode Island has not received any funding 
    under the JTPA Section 402 program, because, under the formula 
    currently in place and under the proposed new formula, its share of 
    program funds has not been deemed sufficient to effectively operate a 
    program. The Department proposes to continue to use the LLSIL as a 
    factor in the farmworker count but specifically invites comment on the 
    effect of using the LLSIL count with regard to Connecticut, Maine, and 
    Massachusetts.
    2. SOC v. SIC
        In 1986, the Department opted to use SOC codes to define 
    agricultural occupations. The rationale was to exclude those persons 
    working in clerical, administrative and technical positions on a farm. 
    These latter persons are captured in the SIC codes. The special 
    tabulation of 1990 Census data on the farmworker population took a 
    different approach to this issue and did a cross-tabulation of 
    farmworkers against both the SOC and SIC codes. This process is 
    intended to identify all farmworkers, by occupation and by industry, 
    and still exclude clerical, administrative and technical workers.
    3. Farmworkers v. Family Member (Dependent) Distribution
        The special tabulation of COP data provided a count of farmworker 
    family members. Because family members who are dependents of 
    farmworkers are eligible for JTPA Section 402 seervices, an argument 
    can be made for using the family member distribution, as a proxy for 
    dependents, as the basis for
    
    [[Page 2391]]
    
    allocating funds. An analysis of the relationship between the 
    farmworker and the family member LLSIL distributions indicates that 
    these two distributions track each other very closely. Nineteen States 
    would increase their relative shares only slightly under a family 
    member distribution from the COP. For these States, the collective 
    increase in relative share is less than six percent. Therefore, since 
    there are only small differences in the distribution pattern, and 
    because it is not possible to separate actual dependents from the COP 
    family member count, the Department proposes to use the farmworker 
    distribution from the COP in the Section 402 allocation formula.
    
    H. Rationale for Formula Methodology
    
        The Department proposes to use data from the COP, in part, to 
    create a new funding formula because the level of detail, particularly 
    for occupation and income, of COP data at the national, State and local 
    level is not matched by other data bases. It is the Department's 
    position that the strong probability of undercounts and non-
    identification inherent in the COP design is remediated by the more 
    periodic information collected by the COA and FLS. While use of labor 
    expenditure data as a proxy for the number of hired and contract 
    farmworkers is less than ideal, no other data are available which reach 
    this group. Finally, the COA offers the most complete geographic 
    coverage of hired and contract labor use, as measured by labor 
    expenditures. The proposed weights of 50 percent for the COP data and 
    50 percent for COA/FLS data are suggested as a balanced approach for 
    equitably measuring the distribution of the farmworker population.
        The Department's proposed formula is intended to be responsive to 
    the statutory and administrative design requirements of currency, 
    detail and relevance. In testing the new formula, certain allocation 
    differences emerge from the allocation process presently in place. The 
    Table appended to the notice compares the States' relative shares for 
    the PY 1996 allocation under the current formula and the relative 
    shares under the proposed formula. This Table shows some shifts in 
    funds, including counter-intuitive shifts of funds from large 
    agricultural States to States with a lower presumed presence of 
    farmworkers.
        A significant source of differences between funding under the old 
    and proposed formulas is the adjustment that was made to the old 
    formula as the result of the Immigration Reform and Control Act of 1986 
    (IRCA). Following the enactment of IRCA, Congress appropriated 
    additional sums each year for the JTPA Section 402 program above the 
    statutory levels. Conference language each year also directed the 
    Department to use some of these additional funds to serve those newly 
    legalized individuals admitted under the Special Agricultural Worker 
    (SAW) provisions of IRCA. In response, the Department modified the 
    purely Census-driven allocation formula to incorporate Immigration and 
    Naturalization Service data on SAW applications in the States. The 
    States of California, Texas, and Florida, among others, received 
    additional sums much above the amount they would have received using a 
    straight application of 1980 Census data. SAW data are not proposed for 
    use in the new formula because these data are no longer current and no 
    longer collected.
        The hold-harmless provision described in Part III of this notice is 
    intended to act as a staged transition from old to new funding levels 
    which result from the application of the proposed formula.
    
    III. Description of the Hold-Harmless Provision
    
        For Program Years 1997, 1998, and 1999, the Department intends to 
    apply a hold-harmless provision to the allocation formula in order to 
    allow a staged transition from the application of the old formula to 
    the new one. The staged transition of the hold-harmless provision is 
    proposed specifically as follows:
        (1) In PY 1997, each State service area will receive an amount 
    equal to at least 90 percent of its relative share of the PY 1996 
    allotments as applied to the PY 1997 formula funds available;
        (2) In PY 1998, each State service area will receive an amount 
    equal to at least 80 percent of its relative share of the PY 1997 
    allotments as applied to the PY 1998 formula funds available; and
        (3) In PY 1999, each State service area will receive an amount 
    equal to at least 70 percent of its relative share of the PY 1998 
    allotments as applied to the PY 1999 formula funds available.
        Thereafter, allocations to each State service area would be for the 
    amount resulting from a direct application of the proposed funding 
    formula without adjustment.
        A State area which would receive less than $60,000 by application 
    of the formula will receive no allocation because this amount is deemed 
    insufficient for sustaining an independently administered program. 
    Although the Department has the authority under 20 CFR 633.105(b)(2) 
    not to allocate any funds for use in a State jurisdiction whose 
    allocation is less than $120,000, it is proposed that any State 
    jurisdictions which would receive more than $60,000 but less than 
    $120,000 under the proposed formula will be awarded a minimum 
    allocation of $120,000 both during and after the hold-harmless period.
        The Department specifically invites comments on the above 
    application of the funding floors provided for at 20 CFR 633.105(b)(2).
    
    IV. Program Year 1997 Preliminary State Planning Estimates
    
        The allocations set forth in the Table appended to this Notice 
    reflect the allocation formula described above. For PY 1996, 
    $69,285,000 were appropriated for Section 402 migrant and seasonal 
    farmworker programs, of which $65,486,767 were allocated on the basis 
    of the old formula. The remaining $3,798,233 of the PY 1996 Section 402 
    appropriation retained in the Section 402 national account to fund the 
    housing program ($2,400,409), the Hope, Arkansas, Migrant Rest Center 
    ($266,524), and other training and technical assistance projects 
    ($1,131,300). The figures in the first numerical column show the actual 
    PY 1996 formula allocations to State service areas. The next column 
    shows the percentage of each allocation.
        The amount appropriated for PY 1997 is the same as it was for PY 
    1996 and the amount available for formula allocation remains at 
    $65,486,767. For the purpose of illustrating the effects of the 
    proposed formula, the third column of the Table shows the allocations 
    based on the proposed formula without the application of the hold-
    harmless or funding minimum provisions, with the percentages reported 
    in column 4. The State service area allocations with the application of 
    the first-year (90%) hold-harmless and funding minimum provisions, 
    followed by the percentages, are shown in columns 5 and 6.
    
    A. Proposed Formula Allocations (Without Hold-Harmless Provision)
    
        The $65,486,767 formula total is proposed for allocation in the 
    following manner:
        (1) $32,743,383 (fifth percent of the formula total) would be 
    allocated on a State-by-State basis using 1990 Census data on the 
    relative share distribution of farmworkers among the States who: (a) 
    performed eligible farmwork; and (b) were economically disadvantaged, 
    defined as family income at or below 70 percent of the Lower Living 
    Standard Income Level; and
    
    [[Page 2392]]
    
        (2) $32,743,383 (fifty percent of the formula total) would be 
    allocated on a State-by-State basis according to the relative share 
    distribution of an estimate of the total number of hours of farmwork in 
    each State, determined by using 1992 Census of Agriculture data on the 
    total wages paid to hired and contract farmworkers in each State, 
    adjusted by the average annual hourly wage in agriculture, taken from 
    the 1992 Farm Labor Survey.
    
    B. Allocations With Hold-Harmless Provision
    
        To transition State service areas from the current formula to the 
    revised formula funding levels, a graduated hold-harmless provision 
    would be applied the first three years: at 90 percent the first year, 
    at 80 percent the second year, and at 70 percent the third. For PY 
    1997, the State service areas will receive at least 90 percent of their 
    relative share of the PY 1996 formula, as applied to the PY 1997 
    formula total. Since the PY 1996 formula total and the PY 1997 formula 
    total are actually the same, the proposed PY 1997 revised formula 
    funding of State service areas will result in no less than 90% of the 
    PY 1996 funding that was actually allocated under the current formula.
        For the purpose of comparisons, please refer to the table.
    
        Signed at Washington, DC, this 31st day of December, 1996.
    Timothy M. Barnicle,
    Assistant Secretary of Labor.
    
    BILLING CODE 4510-30-M
    
    [[Page 2393]]
    
    [GRAPHIC] [TIFF OMITTED] TN16JA97.019
    
    
    
    
    [[Page 2394]]
    
    
    [FR Doc. 97-1101 Filed 1-15-97; 8:45 am]
    BILLING CODE 4510-30-C
    
    
    

Document Information

Published:
01/16/1997
Department:
Employment and Training Administration
Entry Type:
Notice
Action:
Notice of a proposed updated allocation formula described herein, and request for comments.
Document Number:
97-1101
Dates:
Written comments on this notice are invited and must be received on or before March 3, 1997.
Pages:
2387-2394 (8 pages)
PDF File:
97-1101.pdf