80 FR 44399 - Agricultural Worker Population Data for Basic Field-Migrant Grants

LEGAL SERVICES CORPORATION

Federal Register Volume 80, Issue 143 (July 27, 2015)

Page Range		44399-44400
FR Document		2015-18315

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.

Federal Register, Volume 80 Issue 143 (Monday, July 27, 2015)

[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Pages 44399-44400]
From the Federal Register Online  [www.thefederalregister.org]
[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

Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices 44399

Veterans Claims (Court). That law The NIC must be submitted by email to ‘‘Corporation’’) was established through
requires the Court to provide the funds veteransprobono@lsc.gov. the LSC Act ‘‘for the purpose of
to LSC to award grants or contracts for The submission deadline is Friday, providing financial support for legal
the provision of ‘‘legal or other August 28, 2015, at 5 p.m. EDT. assistance in noncriminal matters or
assistance, without charge, to veterans The Request for Proposals, containing proceedings to persons financially
and other persons who are unable to the grant application, guidelines, unable to afford such assistance.’’ 42
afford the cost of legal representation in proposal content requirements and U.S.C. 2996b(a). LSC performs this
connection with decisions’’ of, or other specific selection criteria, will be function primarily through distributing
proceedings in, the Court. available the week of September 14, funding appropriated by Congress to
Public Law 102–229 requires this 2015, at www.lsc.gov under ‘‘Meetings & independent civil legal aid programs
assistance to be provided through ‘‘a Events.’’ that provide legal services to low-
program that furnishes case screening For more information about the income persons throughout the United
and referral, training and education for current grantee, The Veterans States and its possessions and
attorney and related personnel, and Consortium Pro Bono Program, please territories. 42 U.S.C. 2996e(a)(1)(A). LSC
encouragement and facilitation of pro visit www.vetsprobono.org. designates geographic service areas and
bono representation by members of the Dated: July 22, 2015. structures grants to support services to
bar and law school clinical and other Stefanie K. Davis, the entire eligible population in a
appropriate programs, such as veterans Assistant General Counsel. service area or to a specified
service organizations, and through [FR Doc. 2015–18309 Filed 7–24–15; 8:45 am] subpopulation of eligible clients. 45
defraying expenses incurred in BILLING CODE 7050–01–P CFR 1634.2(c) and (d), 1634.3(b). LSC
providing representation to such awards these grants through a
persons. . . .’’ competitive process. 45 CFR part 1634.
LSC seeks proposals from: (1) Non- LEGAL SERVICES CORPORATION Congress has mandated that LSC
profit organizations that have as a ‘‘insure that grants and contracts are
purpose the provision of free legal Agricultural Worker Population Data made so as to provide the most
assistance to low-income individuals or for Basic Field—Migrant Grants economical and effective delivery of
the provision of free services to legal assistance to persons in both urban
AGENCY: Legal Services Corporation.
veterans; or (2) private attorneys or law and rural areas.’’ 42 U.S.C. 2996f(a)(3).
firms that seek to establish such a non- ACTION: Notice.
Throughout the United States and
profit for these purposes. SUMMARY: The Legal Services U.S. territories, LSC provides Basic
Applicants must file a Notice of Intent Corporation (LSC) provides special Field—General grants to support legal
to Compete (NIC) with LSC to population grants to effectively and services for eligible clients. LSC
participate in the competitive grants efficiently fund civil legal aid services provides funding for those grants on a
process. The NIC must include the to address the legal needs of agricultural per-capita basis using the poverty
following information: workers and their dependents through population as determined by the U.S.
(1) Organization name; grants entitled ‘‘Basic Field—Migrant.’’ Census Bureau every three years. Sec.
(2) organization type (e.g., non-profit The funding for these grants is based on 501(a), Public Law 104–134, 110 Stat.
or law firm); data regarding the eligible client 1321, 1321–50, as amended by Public
(3) name and title of primary contact; population to be served. LSC has Law 113–6, div. B, title IV, 127 Stat.
(4) primary contact mailing address, obtained from the U.S. Department of 198, 268 (LSC funding formula adopted
phone number, and email address; Labor new data regarding this
(5) names and brief description of in 1996, incorporated by reference in
population that are more current than LSC’s appropriations thereafter, and
relevant experience of principals and the data LSC has been using and that
key staff; amended in 2013). Since its
better reflect the population to be establishment in 1974, LSC has also
(6) names and brief description of served. On February 3, 2015, LSC
relevant experience of current governing provided subpopulation grants to
sought comments on the use of that data support legal services for the needs of
board; and for grants beginning in January 2016 and
(7) if the non-profit organization has agricultural workers through Basic
related issues. Based on the comments Field—Migrant grants under the
not yet been established, names and received, LSC will not use the data for
brief description of relevant experience authority of the LSC Act to structure
2016 grants. LSC will make public grants for the most economic and
of prospective members of a governing additional information underlying the
board. effective delivery of legal assistance. 42
new data, contract with the Department U.S.C. 2996f(a)(3). Congress amended
‘‘Relevant experience’’ includes of Labor for assistance addressing issues
experience with: the LSC Act in 1977 to require that LSC
raised in the comments, consider conduct a study of the special legal
(a) Veterans benefits law;
development of revised data, and seek needs of various subpopulations,
(b) recruiting, training, supervising,
public comment on any revised data including migrant or seasonal farm
and assigning cases to volunteer
and a revised implementation plan. workers, and develop and implement
attorneys;
Implementation would begin January appropriate means of addressing those
(c) practice before the Court or
2017. needs. 42 U.S.C. 2996f(h). LSC’s study,
supervision of attorneys practicing
before the Court; FOR FURTHER INFORMATION CONTACT: issued in 1979, concluded that
(d) reviewing and evaluating veterans Mark Freedman, Senior Assistant specialized legal expertise and
tkelley on DSK3SPTVN1PROD with NOTICES

benefits cases; General Counsel, Legal Services knowledge were needed to address the
(e) outreach and education for Corporation, 3333 K St. NW., distinctive ‘‘unmet special legal
veterans and dependents regarding Washington, DC 20007; 202–295–1623 problems’’ that migrant and seasonal
veterans benefits rights and procedures. (phone); 202–337–6519 (fax); farmworkers shared because of their
The NIC must not exceed seven (7) mfreedman@lsc.gov. status as farmworkers. Legal Services
single-spaced pages and must be SUPPLEMENTARY INFORMATION: The Legal Corporation, Special Legal Problems
submitted as a single PDF document. Services Corporation (‘‘LSC’’ or and Problems of Access to Legal

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44400 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices

Services of Veterans, Migrant and extended the comment period to April information, LSC will publish for
Seasonal Farm Workers, Native 20, 2015, via notice in the Federal comment any revised data and a
Americans, People, with Limited Register on March 19, 2015, 80 FR proposal for implementation.
English-Speaking Ability, and 14413. Management’s proposal, related Implementation would begin January
Individuals in Sparsely Populated documents and the comments submitted 2017.
Areas, 1979. are available at: http://www.lsc.gov/ Dated: July 22, 2015.
LSC provides funding for Basic about/mattersforcomment.php.
Stefanie K. Davis,
Field—Migrant grants on a per-capita LSC received eleven comments from
basis by determining the size of the ten individuals or organizations. The Assistant General Counsel.
subpopulation and separating that National Legal Aid and Defender [FR Doc. 2015–18315 Filed 7–24–15; 8:45 am]
population from the overall poverty Association (NLADA) submitted two BILLING CODE 7050–01–P
population for the applicable geographic comments—one from the NLADA Civil
area or areas. LSC expects programs Policy Group and one from the NLADA
receiving these grants to serve the legal Farmworker Section. MISSISSIPPI RIVER COMMISSION
needs of a broad range of eligible The comments all supported the
agricultural workers and their proposal to use more current data for Sunshine Act Meetings
dependents who have specialized legal apportioning funding to and among
AGENCY: Mississippi River Commission.
needs that are most effectively and these grants. Some comments raised
efficiently served through a dedicated concerns about the source data and the TIME AND DATE: 9 a.m., 14 August, 2015.
grant program. LSC currently uses data methodology used. In particular, PLACE: On board MISSISSIPPI V at City
regarding migrant and seasonal concerns were raised about the types of Front, Cape Girardeau, Missouri
farmworkers, and their families, from state groupings used for distribution of STATUS: Open to the public.
the early 1990s, with some adjustments the data among the states. Those MATTERS TO BE CONSIDERED: (1)
based on changes in the general poverty comments stated that the groupings did Presentations by local organizations and
population. These data are no longer not accurately reflect the patterns of members of the public giving views or
current and do not reflect the entire employment and residence for low- comments on any issue affecting the
population served by these grants. income agricultural workers and their programs or projects of the Commission
The United States Department of dependents. Some comments identified and the Corps of Engineers; (2) District
Labor, Employment and Training additional sources of data for Commander’s overview of current
Administration (ETA), collects data determining the relevant populations in project issues within the St. Louis and
regarding agricultural workers for some states. Comments also sought Memphis Districts; and (3) Summary
federal grants serving the needs of the additional access to the source data and report by President of the Commission
American agricultural worker methodology used by the Department of on national and regional issues affecting
population. The U.S. Census Bureau Labor. Other issues raised by the the U.S. Army Corps of Engineers and
does not maintain data regarding comments included the scope of the Commission programs and projects on
agricultural workers. LSC has contracted definition of ‘‘agricultural worker,’’ the Mississippi River and its tributaries.
with ETA to obtain more current data implementation over two or three years,
TIME AND DATE: 9 a.m., August 17, 2015.
regarding the agricultural worker and adjustments to the data for aliens
eligible under federal law for LSC PLACE: On board MISSISSIPPI V at Mud
population served by these grants. ETA
has provided LSC with these data, services based on sexual abuse, Island Landing, Memphis, Tennessee
including state-by-state breakdowns. domestic violence, trafficking, or other STATUS: Open to the public.
The changes in data will result in abusive or criminal activities. See 45 MATTERS TO BE CONSIDERED: (1)
changes in funding levels for these CFR 1626.4—Aliens eligible for Presentations by local organizations and
grants. assistance under anti-abuse laws. members of the public giving views or
In January of 2015, LSC management Based on these comments, comments on any issue affecting the
(Management) proposed to the LSC Management proposed to the Committee programs or projects of the Commission
Board of Directors (Board) that LSC seek that LSC further investigate and the Corps of Engineers; (2) District
comments on using the new data for improvements to the data, postpone Commander’s overview of current
these grants as follows: prospective implementation until project issues within the Memphis
(1) Implementing the new data for January 2017, seek additional comments District; and (3) Summary report by
calculation of these grants beginning in on revised options, and publish this President of the Commission on
January 2016; notice. On July 16, 2015, the Committee national and regional issues affecting
(2) phasing in the funding changes to approved Management’s proposal. On the U.S. Army Corps of Engineers and
provide intermediate funding halfway July 18, 2015, the Board adopted the Commission programs and projects on
between the old and new levels for 2016 recommendation of Management and the Mississippi River and its tributaries.
and to fully implement the new levels the Committee. TIME AND DATE: 9 a.m., August 19, 2015.
for 2017; and Management has contracted with ETA
to obtain expert review of the issues PLACE: On board MISSISSIPPI V at Lake
(3) updating the data every three years
on the same cycle as LSC updates regarding source data and methodology Village, Arkansas (Boat Ramp at Old
poverty population data from the U.S. raised by the comments. Management Greenville Bridge)
Census Bureau for the distribution of will publish on the Matters for STATUS: Open to the public.
LSC’s Basic Field—General grants. Comment page of www.lsc.gov MATTERS TO BE CONSIDERED: (1)
tkelley on DSK3SPTVN1PROD with NOTICES

Upon approval by the Board’s additional information regarding the Presentations by local organizations and
Operations and Regulations Committee source data and methodology. members of the public giving views or
(Committee) on January 22, 2015, and Management will also determine comments on any issue affecting the
the Board on January 24, 2015, LSC whether ETA can provide revised data programs or projects of the Commission
published a notice for comment on this based on some of the considerations and the Corps of Engineers; (2) District
proposal in the Federal Register on raised in the comments. Based on this Commander’s overview of current
February 3, 2015, 80 FR 5791. LSC review and any other relevant project issues within the Vicksburg

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Document Created: 2018-02-23 09:27:03
Document Modified: 2018-02-23 09:27:03

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
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]
FR Citation		80 FR 44399