81 FR 52461 - Final Agricultural Worker Population Estimates for Basic Field-Agricultural Worker/Migrant Grants

LEGAL SERVICES CORPORATION

Federal Register Volume 81, Issue 152 (August 8, 2016)

Page Range		52461-52464
FR Document		2016-18753
The Legal Services Corporation (LSC) announces implementation of new population estimates of agricultural workers that LSC will use for distribution of funds among grants for providing civil legal services to those workers and their dependents (Agricultural Worker Grants, formerly referred to as Migrant Grants). LSC will phase in application of these updated estimates over two years. For all Agricultural Worker Grant service areas, one half of the transition will occur in 2017 and the full changes will occur in 2018. This action takes into consideration public comments received as a result of three notices for public comment LSC published in the Federal Register. 80 FR 5791 (February 3, 2015); 81 FR 6295 (February 5, 2016); and 81 FR 19245 (April 4, 2016). LSC will also obtain updated population estimates of agricultural workers every three years for recalculation on the same statutory cycle as LSC obtains updated poverty-population data from the U.S. Census Bureau for the distribution of LSC's Basic Field Programs appropriation. Future changes in Agricultural Worker Grants based on updated population estimates will be implemented in a single year and not phased in, consistent with how LSC implements changes in the distribution of Basic Field grants. This notice summarizes LSC's development of the final estimates and discusses the revisions LSC made in response to public comment.
Federal Register, Volume 81 Issue 152 (Monday, August 8, 2016)
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52461-52464]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18753]


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LEGAL SERVICES CORPORATION


Final Agricultural Worker Population Estimates for Basic Field--
Agricultural Worker/Migrant Grants

AGENCY: Legal Services Corporation.

ACTION: Notice.

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SUMMARY: The Legal Services Corporation (LSC) announces implementation 
of new population estimates of agricultural workers that LSC will use 
for distribution of funds among grants for providing civil legal 
services to those workers and their dependents (Agricultural Worker 
Grants, formerly referred to as Migrant Grants). LSC will phase in 
application of these updated estimates over two years. For all 
Agricultural Worker Grant service areas, one half of the transition 
will occur in 2017 and the full changes will occur in 2018. This action 
takes into consideration public comments received as a result of three 
notices for public comment LSC published in the Federal Register. 80 FR 
5791 (February 3, 2015); 81 FR 6295 (February 5, 2016); and 81 FR 19245 
(April 4, 2016). LSC will also obtain updated population estimates of 
agricultural workers every three years for recalculation on the same 
statutory cycle as LSC obtains updated poverty-population data from the 
U.S. Census Bureau for the distribution of LSC's Basic Field Programs 
appropriation. Future changes in Agricultural Worker Grants based on 
updated population estimates will be implemented in a single year and 
not phased in, consistent with how LSC implements changes in the 
distribution of Basic Field grants. This notice summarizes LSC's 
development of the final estimates and discusses the revisions LSC made 
in response to public comment.

DATES: Effective September 7, 2016.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    This notice completes the Legal Services Corporation's (LSC) 
process of revising the estimates of LSC-eligible agricultural workers 
for distribution of funds through Basic Field--Agricultural Worker 
Grants (Agricultural Worker Grants, formerly referred to as Migrant 
Grants). LSC provided a detailed background and discussion of the need 
for updating these estimates in the notice for public comment published 
in the Federal Register on February 3, 2015. 80 FR 5791. LSC has posted 
at www.lsc.gov/ag-worker-data all notices, comments received, and 
materials relating to this process.
    Briefly summarized, LSC will revise these population estimates for 
three reasons. First, the estimates currently used are based on 
outdated information from the late 1980s and early 1990s. Second, the 
estimates currently used do not include the entire population of 
agricultural workers that LSC expects grantees to serve with 
Agricultural Worker Grants, which includes both migrant and non-migrant 
agricultural workers (this also explains the change in the name of 
these grants from Migrant Grants to Agricultural Worker Grants). Third, 
the current estimates do not take into account the portion of the 
population that is not eligible for LSC-funded legal services.
    LSC contracted with the Department of Labor's Employment and 
Training Administration (ETA) to obtain updated estimates of the size 
and distribution of the population of agricultural workers and their 
dependents eligible for LSC-funded services. ETA subcontracted with JBS 
International, Inc. (JBS or ETA contractor) to use Department of Labor 
and other government data to develop these estimates. In January 2015, 
ETA provided LSC with JBS's initial estimates (including state-by-state 
breakdowns) which ETA determined were technically sound. See Memorandum 
from the U.S. Department of Labor Employment and Training 
Administration (January 21, 2015) transmitting the JBS memorandum 
``Estimating the National Size and State Distribution of the LSC-
Eligible Population'' (January 19, 2015) at www.lsc.gov/ag-worker-data 
(February 2015 Notice--Initial Estimates, LSC Management Report 
Appendices, Appendix A).
    On February 3, 2015, LSC published a notice in the Federal Register 
seeking comments on LSC's proposal to implement the January 2015 
methodology and resulting estimates provided by ETA. 80 FR 5791. See 
``LSC Management Report--LSC Agricultural Worker Population Estimate 
Update'' (January 30, 2015) at www.lsc.gov/ag-worker-data (February 
2015 Notice--Initial Estimates, LSC Management Report). In response to 
this notice, LSC received eleven comments, which LSC has published at 
www.lsc.gov/ag-worker-data. Based on those comments, LSC obtained 
revised estimates from ETA, which LSC published on its Web site and 
through the Federal Register for further public comment along with 
LSC's response to the first eleven comments on February 5, 2016. 81 FR 
6295 and www.lsc.gov/ag-worker-data (February 2016 Notice--Revised 
Estimates). In support of the notice, LSC provided a comprehensive 
table

[[Page 52462]]

detailing specific data sources and revised calculations. See ``Table 
I--Updated Estimates of the Size and Geographic Distribution of The 
LSC-Eligible Agricultural Worker Population and the Sources and 
Calculations Used to Develop Those Estimates'' (January 20, 2016) at 
www.lsc.gov/ag-worker-data (February 2016 Notice--Revised Estimates, 
Tables I-VII). In response to the second notice LSC received three 
comments that are discussed in detail below.
    On April 4, 2016, LSC published on its Web site and in the Federal 
Register a notice for comment on a proposal from the Michigan Advocacy 
Program (MAP) to use certain Michigan-specific estimates. 81 FR 19245 
and www.lsc.gov/ag-worker-data (April 2016 Notice--Revisions to the 
Michigan Estimate). LSC received one comment from MAP itself in 
response to this notice. MAP's comment included 2015 administrative 
data to support its view that LSC should adjust certain assumptions 
underlying the estimates of dependents eligible for LSC-funded 
services. LSC asked ETA to review the three comments filed in response 
to the second notice and MAP's additional comment to identify which, if 
any, of the commenters' recommendations would improve the accuracy of 
the estimates of the LSC-eligible agricultural worker population and, 
as appropriate, provide revised estimates of the LSC-eligible 
agricultural worker population. ETA subcontracted with JBS to perform 
this work. ETA transmitted to LSC the JBS analysis, which ETA found 
technically sound. See Memorandum from the U.S. Department of Labor 
Employment and Training Administration (July 26, 2016) transmitting the 
JBS memorandum ``Assessment of Technical Comments Concerning the 
Methodology for Estimating the Number and Geographic Distribution of 
Agricultural Workers Who are Eligible for Services Provided by the 
Legal Services Corporation (LSC), for ETA Review'' (July 6, 2016) at 
www.lsc.gov/ag-worker-data (August 2016 Notice--Final Estimates, 
Appendix A) (hereafter ``July 2016 ETA and JBS Memorandum'').

II. Summary of Comments and Key Changes to LSC'S Estimates

    In the second notice, 81 FR 6295 (February 5, 2016), LSC identified 
three areas for additional public comment: (1) ETA's methodology and 
data after further analysis of the data was conducted; (2) newly 
proposed estimates of aliens within the agricultural worker population 
who are eligible under 45 CFR Sec.  1624.4 for services from LSC 
grantees based on sexual abuse, domestic violence, trafficking, or 
other abusive or criminal activities; and (3) proposals of available 
and reliable state- or region-specific data for augmenting the ETA data 
in individual states. With this notice, LSC published a memorandum 
explaining LSC's proposed methodology and estimates of the agricultural 
worker population eligible under 45 CFR Sec.  1626.4. See ``Estimate of 
the Population of Agricultural Workers Eligible for LSC Funded Services 
Pursuant to 45 CFR Sec.  1626.4--Anti-Abuse Laws'' (January 20, 2016) 
available at www.lsc.gov/ag-worker-data (February 2016 Notice--Revised 
Estimates, Appendix A).
    LSC received one comment from the National Legal Aid and Defender 
Association (NLADA) Agricultural Worker Project Group. LSC also 
received comments from two grantees: Michigan Advocacy Program (MAP) 
and Puerto Rico Legal Services. Both comments are published at 
www.lsc.gov/ag-worker-data.
    The comments expressed continued support for LSC's efforts to 
update the estimates of agricultural workers in the United States who 
are eligible for LSC services. The comments also supported (with the 
exception discussed in Section E below) LSC's proposed methodology and 
resulting estimates of aliens within the agricultural worker population 
eligible for services from LSC grantees based on sexual abuse, domestic 
violence, trafficking, or other abusive or criminal activities under 45 
CFR Sec.  1626.4.
    Generally, the concerns raised by the commenters fell into six 
categories. As discussed in detail below, LSC has revised its final 
estimates to incorporate all but two of the changes proposed in the 
comments.

A. Concerns Regarding the ETA Estimates of Eligible Farmworker 
Dependents

    NLADA and Michigan Advocacy Program asserted that the ETA estimates 
of farmworker dependents for LSC-funded services (based on ETA's 
``country of birth'' method) were too low because they were based on 
what NLADA and MAP believed were two erroneous assumptions: (1) That 
foreign-born adult children (18 or older) would be ``authorized' (that 
is, meet the eligibility requirements of Part 1626) only if they had at 
least one parent or spouse born in the U.S., and (2) that spouses and 
other farmworker relatives in farmworker households would be authorized 
only if they themselves are U.S.-born.
    Both commenters urged LSC to revise its estimates of dependents 
eligible for LSC-funded services by directing ETA to change these 
assumptions and include in the estimate of ``authorized'' dependents 
(1) all adult children of farmworkers whom the National Agricultural 
Workers Survey (NAWS) has identified as ``authorized,'' not just those 
children born in the U.S., and (2) all spouses of farmworkers whom the 
NAWS has identified as ``authorized,'' not just those spouses who are 
born in the U.S.
    After reviewing these comments, ETA determined that a revision of 
the estimation methodology could provide a more accurate estimate of 
the number of authorized dependents. See ``July 2016 ETA and JBS 
Memorandum.'' Table V, which LSC is publishing on its Web site, shows 
the impact this revision has on the population estimates. See ``Table 
V--Number of LSC-Eligible Agricultural Worker Dependents by State: 
Comparison of February 2016 and Final Estimates'' at www.lsc.gov/ag-worker-data (August 2016 Notice--Final Estimates, Tables I-VI).

B. Concerns Regarding the Estimates of the Number of Agricultural 
Workers With Pending I-130 Petitions; Political Asylum Seekers; 
Refugees; or Individuals Granted Withholding of Deportation, Exclusion 
or Removal

    NLADA expressed concern that LSC's estimates undercounted the 
number of agricultural workers or dependents who are authorized because 
(1) they have pending I-130 petitions and a requisite relationship with 
a U.S. citizen child, spouse, or parent or (2) are political asylum 
seekers; refugees; or individuals granted withholding of deportation, 
exclusion or removal. The comments asserted that the NAWS survey does 
not adequately capture the relevant data because an interviewer, when 
asking about an individual's immigration status, is only required to 
list specific immigration statuses (such as a pending I-130 petition) 
if ``necessary.'' The comments stated that many agricultural workers, 
in response to survey questions, correctly state that they are 
``unauthorized'' but are not asked a follow-up question whether they 
have a pending I-130 petition or are in situations that may otherwise 
qualify them for LSC-funded services under 45 CFR part 1626 (LSC 
regulation providing categories of aliens eligible for legal assistance 
under anti-abuse laws and based on immigration status).
    NLADA requested that LSC develop revised estimates based on data 
from governmental sources (e.g., U.S. Citizenship and Immigration 
Services or

[[Page 52463]]

the State Department) and other ``reputable studies.'' NLADA maintained 
that these data sources ``should make it possible to estimate, at least 
on a national basis, the number'' of farmworkers who would be eligible 
for LSC-funded services because they have pending I-130 petitions. 
NLADA asserted that ``the same analysis applies to those who are LSC-
eligible because they are asylum seekers, refugees and granted 
withholding of deportation and are LSC-eligible but who might not be 
identified through the NAWS survey.''
    LSC requested that ETA review these comments. After reviewing these 
comments, ETA determined that the NAWS would capture necessary 
information about respondents who might be LSC-eligible because they 
are political asylum seekers, refugees, or have temporary protective 
status. Therefore, no adjustment in the estimation formula was needed 
to improve the accuracy of the estimates of these individuals.
    ETA acknowledged that some respondents with pending I-130s, 
however, may not have been correctly identified, as the NAWS 
questionnaire does not include a question that directly asks if the 
respondent has a pending I-130 and, as a result, the methodology in the 
estimates published on February 5, 2016, could underestimate the number 
of these individuals who might be LSC-eligible. Accordingly, the 
estimation methodology was revised to improve the accuracy of this 
estimate. See ``July 2016 ETA and JBS Memorandum.'' LSC is publishing 
on its Web site Table IV, which identifies the effects this change has 
on the population estimates. See ``Table IV--Number of LSC-Eligible 
Agricultural Workers by State: Comparison of February 2016 and Final 
Estimates'' at www.lsc.gov/ag-worker-data (August 2016 Notice--Final 
Estimates, Tables I-VI).

C. Requests To Use the Most Recent Data on the Number of H-2A and H-2B 
Workers

    Michigan Advocacy Program and NLADA requested that LSC revise its 
estimates to reflect more current data regarding the population of H-2A 
agricultural workers and H-2B forestry workers. The comments urged LSC 
to incorporate Department of Labor data on the number of H-2A and H-2B 
positions certified nationwide in FY 2015 because these data 
demonstrate a substantial increase in the number of H-2A workers since 
2012.
    The estimates of the number and geographic distribution of 
agricultural workers eligible for LSC-funded services are based on a 
variety of 2012 data sources. Although there are more recent data for 
H-2A agricultural workers and H-2B forestry workers, more recent data 
are not available from the Census of Agriculture, which provided 
substantial data in the estimation methodology. JBS's recommendation, 
which ETA has endorsed, is to use 2012 data for H-2A agricultural 
workers and H-2B forestry workers for consistency with the 2012 data 
from the other information sources used in the estimation formula. See 
``July 2016 ETA and JBS Memorandum.''

D. Requests for LSC To Reconsider the Use of Data and Resulting 
Estimates Reported by the NAWS Twelve-Region Sampling Groups

    NAWS data are reported for twelve-region sampling strata and six-
region analysis groupings; the six region data have lower relative 
standard errors (RSEs) than the twelve region data. Both NLADA and 
Michigan Advocacy Program expressed concern with ETA's use of NAWS 
twelve-region sampling group data to estimate the state-level 
populations of agricultural workers, because reliance on NAWS twelve-
region data produced less reliable estimates than would six-region data 
and resulted in characterizations of state farmworker populations in 
some states, which were inconsistent with the commenters' first-hand 
knowledge about the state-level demographics and status of farmworkers 
and their dependents. To reduce the likelihood of these anomalies, the 
commenters urged LSC to revise its estimates of LSC-eligible 
agricultural workers by using the NAWS six-region data instead of the 
NAWS twelve-region data.
    LSC asked ETA to consider these comments. ETA endorsed JBS's 
analysis that the use of the NAWS six-region data would result in more 
robust estimates because the RSEs of the estimates are lower at the 
six-region level than they are at twelve-region level. See ``July 2016 
ETA and JBS Memorandum.'' Accordingly, ETA provided and LSC will use 
revised estimates based on NAWS six-region data.

E. Concerns Over the Calculation of the Population Eligible Pursuant to 
Anti-Abuse Provisions of 45 CFR 1626.4

    The comments from NLADA and Michigan Advocacy Program stated that 
LSC's estimates of the population of people who are eligible pursuant 
to the anti-abuse provisions of 45 CFR 1626.4 were based on an 
incorrect poverty level standard. ETA agrees with these comments and 
has revised the estimates using the correct poverty level standard. 
LSC's final estimates reflect this correction. Table VI identifies the 
effects this change has on the population estimates. See ``Table VI--
Number of Unauthorized and Below-Poverty Farmworkers Eligible for LSC-
Funded Services Pursuant to Anti-Abuse Provisions of 45 CFR 1626.4 by 
State: Comparison of February 2016 and Final Estimates'' at 
www.lsc.gov/ag-worker-data (August 2016 Notice--Final Estimates, Tables 
I-VI).

F. Proposals To Use Alternate Methodologies and Data Sources To 
Estimate Individual State Agricultural Worker Populations

    In response to the February 5, 2016 public notice, LSC received one 
proposal to use alternate methodologies and data sources to estimate 
agricultural worker populations for individual states: Michigan 
Advocacy Program proposed alternative methods, data sources and 
estimates of the agricultural worker population in Michigan. In 
response to the April 4, 2016 public notice, MAP provided additional 
information to support its proposed alternative methods and estimates. 
LSC asked ETA to analyze the methods, data sources and population 
estimates MAP proposed. ETA endorsed JBS's assessment that MAP's 
proposed methodology and data do not produce estimates that are more 
accurate than the published estimates because the majority of those 
data sources ``do not have eligibility guidelines concerning household 
poverty and alien status that are consistent with the LSC criteria.'' 
These agencies were Migrant Health Centers that can provide. See ``July 
2016 ETA and JBS Memorandum'' (JBS's Response to Recommendation 6). 
Therefore, LSC declines to adopt the alternate estimates provided by 
the Michigan Advocacy Program. Some of MAP's proposals were, in effect, 
accepted as a result of the changes in the ETA methodology discussed 
above in sections A and B.
    Puerto Rico Legal Services also submitted additional data and 
comments regarding the agricultural worker population in Puerto Rico. 
In its comment, Puerto Rico Legal Services explained the inherent 
difficulty in calculating this population. LSC commends Puerto Rico 
Legal Services for working with local government agencies to seek to 
obtain actual and realistic data concerning the number of local and 
migrant workers on the island. However, because these data have not yet 
been developed, LSC will not revise its estimates of the agricultural 
worker population in Puerto Rico.

[[Page 52464]]

III. Conclusion

    As discussed herein, LSC will implement these final estimates for 
Basic Field--Agricultural Worker grants by distributing funding among 
all of the existing Agricultural Worker grant service areas for 2017 
grants at a 50% implementation level (compared with the 2016 
distribution) and then for 2018 and successive years at a 100% 
implementation level. LSC will also obtain updated population estimates 
of agricultural workers every three years for recalculation on the same 
statutory cycle as LSC obtains updated poverty-population data from the 
U.S. Census Bureau for the distribution of LSC's Basic Field Programs 
appropriation. LSC is publishing on its Web site the following revised 
tables showing the final estimates and their effects on Basic Field-
Agricultural Worker grants (presuming for comparison constant total LSC 
funding for Basic Field Program grants during the relevant grant 
years). See www.lsc.gov/ag-worker-data (August 2016 Notice--Final 
Estimates, Tables I-VI). Descriptions of these tables are included 
below.

Table I

    Final National and State Estimates of the LSC-Eligible Agricultural 
Worker Population--Summary Table: This table provides summary 
information about the major data sources and calculations used to 
derive the updated estimates.

Table II

    LSC-Eligible Agricultural Worker Population by State: Comparison of 
Current (Fiscal Year 2016) Population Estimates and Final Estimates. 
The data in this table show the differences between the final estimates 
of the agricultural worker population and the population estimates on 
which Fiscal Year 2016 grant allocations were based.

Table III

    LSC-Eligible Agricultural Worker Population by State: Comparison of 
February 2016 Estimates and Final Estimates. The data in this table 
show the differences between the final estimates of the total LSC-
eligible agricultural worker population and the estimates published in 
February 2016.

Table IV

    Number of LSC-Eligible Agricultural Workers by State: Comparison of 
February 2016 and Final Estimates. The data in this table show the 
differences between the final estimates number of the number LSC-
eligible agricultural workers and the estimates published in February 
2016.

Table V

    Number of LSC-Eligible Agricultural Worker Dependents by State: 
Comparison of February 2016 and Final Estimates. The data in this table 
show the differences between the final estimates of the number of 
agricultural worker dependents and the estimates published in February 
2016.

Table VI

    Number of Unauthorized and Below-Poverty Farmworkers Eligible for 
LSC-Funded Services Pursuant to Anti-Abuse Provisions of 45 CFR 1626.4 
by State: Comparison of February 2016 and Final Estimates. The data in 
this table show the differences between the final estimates and the 
estimates published in February 2016 of the number of unauthorized and 
below-poverty farmworkers eligible for LSC-funded services pursuant to 
anti-abuse provisions of 45 CFR 1626.4.

    Dated: August 3, 2016
Mark Freedman,
Senior Associate General Counsel.
[FR Doc. 2016-18753 Filed 8-5-16; 8:45 am]
 BILLING CODE 7050-01-P
Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices 52461

remaining real property assets with 90% ACTION: Notice. Briefly summarized, LSC will revise
of the sale proceeds to be paid towards these population estimates for three
the United States’ unreimbursed Site SUMMARY: The Legal Services reasons. First, the estimates currently
response costs up to a judgment amount Corporation (LSC) announces used are based on outdated information
of $477,547.43, and (2) record an implementation of new population from the late 1980s and early 1990s.
environmental covenant protecting the estimates of agricultural workers that Second, the estimates currently used do
remedy at the Site. The proposed LSC will use for distribution of funds not include the entire population of
Consent Decree will resolve all CERCLA among grants for providing civil legal agricultural workers that LSC expects
claims alleged in this action by the services to those workers and their grantees to serve with Agricultural
United States against Defendant. dependents (Agricultural Worker Worker Grants, which includes both
Defendant has an inability to pay the Grants, formerly referred to as Migrant migrant and non-migrant agricultural
United States’ full demand. Grants). LSC will phase in application workers (this also explains the change
The publication of this notice opens of these updated estimates over two in the name of these grants from Migrant
a period for public comment on the years. For all Agricultural Worker Grant Grants to Agricultural Worker Grants).
proposed Consent Decree. Comments service areas, one half of the transition Third, the current estimates do not take
should be addressed to the Assistant will occur in 2017 and the full changes into account the portion of the
Attorney General, Environment and will occur in 2018. This action takes population that is not eligible for LSC-
Natural Resources Division, into consideration public comments funded legal services.
Environmental Enforcement Section, received as a result of three notices for LSC contracted with the Department
and should refer to United States v. public comment LSC published in the of Labor’s Employment and Training
Silver Reef Properties, LLC, D.J. Ref. No. Federal Register. 80 FR 5791 (February Administration (ETA) to obtain updated
90–11–3–10255. All comments must be 3, 2015); 81 FR 6295 (February 5, 2016); estimates of the size and distribution of
submitted no later than thirty (30) days and 81 FR 19245 (April 4, 2016). LSC the population of agricultural workers
after the publication date of this notice. will also obtain updated population and their dependents eligible for LSC-
Comments may be submitted either by estimates of agricultural workers every funded services. ETA subcontracted
email or by mail: three years for recalculation on the same with JBS International, Inc. (JBS or ETA
statutory cycle as LSC obtains updated contractor) to use Department of Labor
To submit poverty-population data from the U.S. and other government data to develop
Send them to:
comments: Census Bureau for the distribution of these estimates. In January 2015, ETA
By e-mail ...... pubcomment-ees.enrd@ LSC’s Basic Field Programs provided LSC with JBS’s initial
usdoj.gov. appropriation. Future changes in estimates (including state-by-state
By mail ......... Assistant Attorney General, Agricultural Worker Grants based on breakdowns) which ETA determined
U.S. DOJ—ENRD, P.O. updated population estimates will be were technically sound. See
Box 7611, Washington, implemented in a single year and not Memorandum from the U.S. Department
D.C. 20044–7611 phased in, consistent with how LSC of Labor Employment and Training
implements changes in the distribution Administration (January 21, 2015)
During the public comment period, of Basic Field grants. This notice transmitting the JBS memorandum
the proposed Consent Decree may be summarizes LSC’s development of the ‘‘Estimating the National Size and State
examined and downloaded at this final estimates and discusses the Distribution of the LSC-Eligible
Justice Department Web site: https:// revisions LSC made in response to Population’’ (January 19, 2015) at
www.justice.gov/enrd/consent-decrees. public comment. www.lsc.gov/ag-worker-data (February
We will provide a paper copy of the 2015 Notice—Initial Estimates, LSC
DATES: Effective September 7, 2016.
proposed Consent Decree upon written Management Report Appendices,
request and payment of reproduction FOR FURTHER INFORMATION CONTACT:
Appendix A).
costs. Please mail your request and Mark Freedman, Senior Associate On February 3, 2015, LSC published
payment to: Consent Decree Library, General Counsel, Legal Services a notice in the Federal Register seeking
U.S. DOJ—ENRD, P.O. Box 7611, Corporation, 3333 K St. NW., comments on LSC’s proposal to
Washington, DC 20044–7611. Washington, DC 20007; 202–295–1623 implement the January 2015
Please enclose a check or money order (phone); 202–337–6519 (fax); methodology and resulting estimates
for $15 (25 cents per page reproduction mfreedman@lsc.gov. provided by ETA. 80 FR 5791. See ‘‘LSC
cost) for the proposed Consent Decree SUPPLEMENTARY INFORMATION: Management Report—LSC Agricultural
payable to the United States Treasury. Worker Population Estimate Update’’
For a paper copy without the I. Background
(January 30, 2015) at www.lsc.gov/ag-
appendices, the cost is $7.50. This notice completes the Legal worker-data (February 2015 Notice—
Services Corporation’s (LSC) process of Initial Estimates, LSC Management
Jeffrey K. Sands,
revising the estimates of LSC-eligible Report). In response to this notice, LSC
Assistant Section Chief, Environmental agricultural workers for distribution of
Enforcement Section, Environment and
received eleven comments, which LSC
Natural Resources Division.
funds through Basic Field—Agricultural has published at www.lsc.gov/ag-
Worker Grants (Agricultural Worker worker-data. Based on those comments,
[FR Doc. 2016–18712 Filed 8–5–16; 8:45 am]
Grants, formerly referred to as Migrant LSC obtained revised estimates from
BILLING CODE 4410–15–P
Grants). LSC provided a detailed ETA, which LSC published on its Web
background and discussion of the need site and through the Federal Register for
mstockstill on DSK3G9T082PROD with NOTICES

for updating these estimates in the further public comment along with
LEGAL SERVICES CORPORATION notice for public comment published in LSC’s response to the first eleven
Final Agricultural Worker Population the Federal Register on February 3, comments on February 5, 2016. 81 FR
Estimates for Basic Field—Agricultural 2015. 80 FR 5791. LSC has posted at 6295 and www.lsc.gov/ag-worker-data
Worker/Migrant Grants www.lsc.gov/ag-worker-data all notices, (February 2016 Notice—Revised
comments received, and materials Estimates). In support of the notice, LSC
AGENCY: Legal Services Corporation. relating to this process. provided a comprehensive table

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52462 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices

detailing specific data sources and services from LSC grantees based on Both commenters urged LSC to revise
revised calculations. See ‘‘Table I— sexual abuse, domestic violence, its estimates of dependents eligible for
Updated Estimates of the Size and trafficking, or other abusive or criminal LSC-funded services by directing ETA
Geographic Distribution of The LSC- activities; and (3) proposals of available to change these assumptions and
Eligible Agricultural Worker Population and reliable state- or region-specific data include in the estimate of ‘‘authorized’’
and the Sources and Calculations Used for augmenting the ETA data in dependents (1) all adult children of
to Develop Those Estimates’’ (January individual states. With this notice, LSC farmworkers whom the National
20, 2016) at www.lsc.gov/ag-worker-data published a memorandum explaining Agricultural Workers Survey (NAWS)
(February 2016 Notice—Revised LSC’s proposed methodology and has identified as ‘‘authorized,’’ not just
Estimates, Tables I–VII). In response to estimates of the agricultural worker those children born in the U.S., and (2)
the second notice LSC received three population eligible under 45 CFR all spouses of farmworkers whom the
comments that are discussed in detail § 1626.4. See ‘‘Estimate of the NAWS has identified as ‘‘authorized,’’
below. Population of Agricultural Workers not just those spouses who are born in
On April 4, 2016, LSC published on Eligible for LSC Funded Services the U.S.
its Web site and in the Federal Register Pursuant to 45 CFR § 1626.4—Anti- After reviewing these comments, ETA
a notice for comment on a proposal from Abuse Laws’’ (January 20, 2016) determined that a revision of the
the Michigan Advocacy Program (MAP) available at www.lsc.gov/ag-worker-data estimation methodology could provide a
to use certain Michigan-specific (February 2016 Notice—Revised more accurate estimate of the number of
estimates. 81 FR 19245 and Estimates, Appendix A). authorized dependents. See ‘‘July 2016
www.lsc.gov/ag-worker-data (April 2016 LSC received one comment from the ETA and JBS Memorandum.’’ Table V,
Notice—Revisions to the Michigan National Legal Aid and Defender which LSC is publishing on its Web site,
Estimate). LSC received one comment Association (NLADA) Agricultural shows the impact this revision has on
from MAP itself in response to this Worker Project Group. LSC also the population estimates. See ‘‘Table
notice. MAP’s comment included 2015 received comments from two grantees: V—Number of LSC-Eligible Agricultural
administrative data to support its view Michigan Advocacy Program (MAP) and Worker Dependents by State:
that LSC should adjust certain Puerto Rico Legal Services. Both Comparison of February 2016 and Final
assumptions underlying the estimates of comments are published at Estimates’’ at www.lsc.gov/ag-worker-
dependents eligible for LSC-funded www.lsc.gov/ag-worker-data. data (August 2016 Notice—Final
services. LSC asked ETA to review the The comments expressed continued Estimates, Tables I–VI).
three comments filed in response to the support for LSC’s efforts to update the
estimates of agricultural workers in the B. Concerns Regarding the Estimates of
second notice and MAP’s additional
United States who are eligible for LSC the Number of Agricultural Workers
comment to identify which, if any, of
services. The comments also supported With Pending I–130 Petitions; Political
the commenters’ recommendations
(with the exception discussed in Section Asylum Seekers; Refugees; or
would improve the accuracy of the
E below) LSC’s proposed methodology Individuals Granted Withholding of
estimates of the LSC-eligible agricultural
and resulting estimates of aliens within Deportation, Exclusion or Removal
worker population and, as appropriate,
provide revised estimates of the LSC- the agricultural worker population NLADA expressed concern that LSC’s
eligible agricultural worker population. eligible for services from LSC grantees estimates undercounted the number of
ETA subcontracted with JBS to perform based on sexual abuse, domestic agricultural workers or dependents who
this work. ETA transmitted to LSC the violence, trafficking, or other abusive or are authorized because (1) they have
JBS analysis, which ETA found criminal activities under 45 CFR pending I–130 petitions and a requisite
technically sound. See Memorandum § 1626.4. relationship with a U.S. citizen child,
from the U.S. Department of Labor Generally, the concerns raised by the spouse, or parent or (2) are political
Employment and Training commenters fell into six categories. As asylum seekers; refugees; or individuals
Administration (July 26, 2016) discussed in detail below, LSC has granted withholding of deportation,
transmitting the JBS memorandum revised its final estimates to incorporate exclusion or removal. The comments
‘‘Assessment of Technical Comments all but two of the changes proposed in asserted that the NAWS survey does not
Concerning the Methodology for the comments. adequately capture the relevant data
Estimating the Number and Geographic because an interviewer, when asking
A. Concerns Regarding the ETA about an individual’s immigration
Distribution of Agricultural Workers Estimates of Eligible Farmworker
Who are Eligible for Services Provided status, is only required to list specific
Dependents immigration statuses (such as a pending
by the Legal Services Corporation (LSC),
for ETA Review’’ (July 6, 2016) at NLADA and Michigan Advocacy I–130 petition) if ‘‘necessary.’’ The
www.lsc.gov/ag-worker-data (August Program asserted that the ETA estimates comments stated that many agricultural
2016 Notice—Final Estimates, of farmworker dependents for LSC- workers, in response to survey
Appendix A) (hereafter ‘‘July 2016 ETA funded services (based on ETA’s questions, correctly state that they are
and JBS Memorandum’’). ‘‘country of birth’’ method) were too low ‘‘unauthorized’’ but are not asked a
because they were based on what follow-up question whether they have a
II. Summary of Comments and Key NLADA and MAP believed were two pending I–130 petition or are in
Changes to LSC’S Estimates erroneous assumptions: (1) That foreign- situations that may otherwise qualify
In the second notice, 81 FR 6295 born adult children (18 or older) would them for LSC-funded services under 45
(February 5, 2016), LSC identified three be ‘‘authorized’ (that is, meet the CFR part 1626 (LSC regulation
mstockstill on DSK3G9T082PROD with NOTICES

areas for additional public comment: (1) eligibility requirements of Part 1626) providing categories of aliens eligible
ETA’s methodology and data after only if they had at least one parent or for legal assistance under anti-abuse
further analysis of the data was spouse born in the U.S., and (2) that laws and based on immigration status).
conducted; (2) newly proposed spouses and other farmworker relatives NLADA requested that LSC develop
estimates of aliens within the in farmworker households would be revised estimates based on data from
agricultural worker population who are authorized only if they themselves are governmental sources (e.g., U.S.
eligible under 45 CFR § 1624.4 for U.S.-born. Citizenship and Immigration Services or

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Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices 52463

the State Department) and other sources. Although there are more recent LSC’s final estimates reflect this
‘‘reputable studies.’’ NLADA data for H–2A agricultural workers and correction. Table VI identifies the effects
maintained that these data sources H–2B forestry workers, more recent data this change has on the population
‘‘should make it possible to estimate, at are not available from the Census of estimates. See ‘‘Table VI—Number of
least on a national basis, the number’’ of Agriculture, which provided substantial Unauthorized and Below-Poverty
farmworkers who would be eligible for data in the estimation methodology. Farmworkers Eligible for LSC-Funded
LSC-funded services because they have JBS’s recommendation, which ETA has Services Pursuant to Anti-Abuse
pending I–130 petitions. NLADA endorsed, is to use 2012 data for H–2A Provisions of 45 CFR 1626.4 by State:
asserted that ‘‘the same analysis applies agricultural workers and H–2B forestry Comparison of February 2016 and Final
to those who are LSC-eligible because workers for consistency with the 2012 Estimates’’ at www.lsc.gov/ag-worker-
they are asylum seekers, refugees and data from the other information sources data (August 2016 Notice—Final
granted withholding of deportation and used in the estimation formula. See Estimates, Tables I–VI).
are LSC-eligible but who might not be ‘‘July 2016 ETA and JBS
identified through the NAWS survey.’’ Memorandum.’’ F. Proposals To Use Alternate
LSC requested that ETA review these Methodologies and Data Sources To
comments. After reviewing these D. Requests for LSC To Reconsider the Estimate Individual State Agricultural
comments, ETA determined that the Use of Data and Resulting Estimates Worker Populations
NAWS would capture necessary Reported by the NAWS Twelve-Region
Sampling Groups In response to the February 5, 2016
information about respondents who public notice, LSC received one
might be LSC-eligible because they are NAWS data are reported for twelve- proposal to use alternate methodologies
political asylum seekers, refugees, or region sampling strata and six-region and data sources to estimate agricultural
have temporary protective status. analysis groupings; the six region data worker populations for individual
Therefore, no adjustment in the have lower relative standard errors states: Michigan Advocacy Program
estimation formula was needed to (RSEs) than the twelve region data. Both proposed alternative methods, data
improve the accuracy of the estimates of NLADA and Michigan Advocacy
sources and estimates of the agricultural
these individuals. Program expressed concern with ETA’s
worker population in Michigan. In
ETA acknowledged that some use of NAWS twelve-region sampling
response to the April 4, 2016 public
respondents with pending I–130s, group data to estimate the state-level
notice, MAP provided additional
however, may not have been correctly populations of agricultural workers,
information to support its proposed
identified, as the NAWS questionnaire because reliance on NAWS twelve-
alternative methods and estimates. LSC
does not include a question that directly region data produced less reliable
asked ETA to analyze the methods, data
asks if the respondent has a pending I– estimates than would six-region data
sources and population estimates MAP
130 and, as a result, the methodology in and resulted in characterizations of state
proposed. ETA endorsed JBS’s
the estimates published on February 5, farmworker populations in some states,
which were inconsistent with the assessment that MAP’s proposed
2016, could underestimate the number
commenters’ first-hand knowledge methodology and data do not produce
of these individuals who might be LSC-
about the state-level demographics and estimates that are more accurate than
eligible. Accordingly, the estimation
methodology was revised to improve the status of farmworkers and their the published estimates because the
accuracy of this estimate. See ‘‘July 2016 dependents. To reduce the likelihood of majority of those data sources ‘‘do not
ETA and JBS Memorandum.’’ LSC is these anomalies, the commenters urged have eligibility guidelines concerning
publishing on its Web site Table IV, LSC to revise its estimates of LSC- household poverty and alien status that
which identifies the effects this change eligible agricultural workers by using are consistent with the LSC criteria.’’
has on the population estimates. See the NAWS six-region data instead of the These agencies were Migrant Health
‘‘Table IV—Number of LSC-Eligible NAWS twelve-region data. Centers that can provide. See ‘‘July 2016
Agricultural Workers by State: LSC asked ETA to consider these ETA and JBS Memorandum’’ (JBS’s
Comparison of February 2016 and Final comments. ETA endorsed JBS’s analysis Response to Recommendation 6).
Estimates’’ at www.lsc.gov/ag-worker- that the use of the NAWS six-region Therefore, LSC declines to adopt the
data (August 2016 Notice—Final data would result in more robust alternate estimates provided by the
Estimates, Tables I–VI). estimates because the RSEs of the Michigan Advocacy Program. Some of
estimates are lower at the six-region MAP’s proposals were, in effect,
C. Requests To Use the Most Recent level than they are at twelve-region accepted as a result of the changes in
Data on the Number of H–2A and H–2B level. See ‘‘July 2016 ETA and JBS the ETA methodology discussed above
Workers Memorandum.’’ Accordingly, ETA in sections A and B.
Michigan Advocacy Program and provided and LSC will use revised Puerto Rico Legal Services also
NLADA requested that LSC revise its estimates based on NAWS six-region submitted additional data and
estimates to reflect more current data data. comments regarding the agricultural
regarding the population of H–2A worker population in Puerto Rico. In its
agricultural workers and H–2B forestry E. Concerns Over the Calculation of the comment, Puerto Rico Legal Services
workers. The comments urged LSC to Population Eligible Pursuant to Anti- explained the inherent difficulty in
incorporate Department of Labor data on Abuse Provisions of 45 CFR 1626.4 calculating this population. LSC
the number of H–2A and H–2B The comments from NLADA and commends Puerto Rico Legal Services
positions certified nationwide in FY Michigan Advocacy Program stated that for working with local government
mstockstill on DSK3G9T082PROD with NOTICES

2015 because these data demonstrate a LSC’s estimates of the population of agencies to seek to obtain actual and
substantial increase in the number of H– people who are eligible pursuant to the realistic data concerning the number of
2A workers since 2012. anti-abuse provisions of 45 CFR 1626.4 local and migrant workers on the island.
The estimates of the number and were based on an incorrect poverty level However, because these data have not
geographic distribution of agricultural standard. ETA agrees with these yet been developed, LSC will not revise
workers eligible for LSC-funded services comments and has revised the estimates its estimates of the agricultural worker
are based on a variety of 2012 data using the correct poverty level standard. population in Puerto Rico.

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52464 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices

III. Conclusion Table V Dated: August 3, 2016.
Sarah Fandell,
As discussed herein, LSC will Number of LSC-Eligible Agricultural
implement these final estimates for Vice President and General Counsel,
Worker Dependents by State: Millennium Challenge Corporation.
Basic Field—Agricultural Worker grants Comparison of February 2016 and Final
by distributing funding among all of the Estimates. The data in this table show Summary of Millennium Challenge
existing Agricultural Worker grant the differences between the final Compact With the Republic of Niger
service areas for 2017 grants at a 50% estimates of the number of agricultural Overview
implementation level (compared with worker dependents and the estimates
the 2016 distribution) and then for 2018 Niger, one of the poorest and least
published in February 2016. developed countries in the world, has
and successive years at a 100%
implementation level. LSC will also Table VI consistently ranked last on the United
obtain updated population estimates of Nations Human Development Index for
agricultural workers every three years Number of Unauthorized and Below- the past 25 years. This land-locked West
for recalculation on the same statutory Poverty Farmworkers Eligible for LSC- African country is almost twice the size
cycle as LSC obtains updated poverty- Funded Services Pursuant to Anti- of Texas, and two-thirds of the country’s
population data from the U.S. Census Abuse Provisions of 45 CFR 1626.4 by land mass is the Sahara Desert, making
Bureau for the distribution of LSC’s State: Comparison of February 2016 and it one of the hottest and driest countries
Basic Field Programs appropriation. Final Estimates. The data in this table in the world. Niger has made notable
LSC is publishing on its Web site the show the differences between the final improvements over the past few years,
following revised tables showing the estimates and the estimates published in but over 40 percent of the population
final estimates and their effects on Basic February 2016 of the number of still lives below the global poverty line
Field-Agricultural Worker grants unauthorized and below-poverty of $1.25 per day. Despite these
(presuming for comparison constant farmworkers eligible for LSC-funded challenges, the Nigeriens have
total LSC funding for Basic Field services pursuant to anti-abuse demonstrated a strong commitment to
Program grants during the relevant grant provisions of 45 CFR 1626.4. governance reforms, economic growth,
years). See www.lsc.gov/ag-worker-data Dated: August 3, 2016
and investing in their people. The MCC
(August 2016 Notice—Final Estimates, Board of Directors (the ‘‘Board’’)
Mark Freedman,
Tables I–VI). Descriptions of these tables selected Niger as eligible to develop a
Senior Associate General Counsel. Millennium Challenge Compact in
are included below.
[FR Doc. 2016–18753 Filed 8–5–16; 8:45 am] December 2012. Niger has consistently
Table I BILLING CODE 7050–01–P passed the MCC scorecard after doing so
Final National and State Estimates of for the first time in 2012.
the LSC-Eligible Agricultural Worker Roughly 80 percent of Niger’s
Population—Summary Table: This table population lives in rural areas and relies
provides summary information about MILLENNIUM CHALLENGE on agriculture for its livelihood.
the major data sources and calculations CORPORATION Moreover, over 90 percent of the
used to derive the updated estimates. population relies on a single, three-
[MCC FR 16–02] month, highly capricious rainy season
Table II to support agriculture and livestock
LSC-Eligible Agricultural Worker Notice of Entering Into a Compact With production. Frequent droughts and
Population by State: Comparison of the Republic of Niger floods decimate crops and productive
Current (Fiscal Year 2016) Population assets, undermining the population’s
Estimates and Final Estimates. The data AGENCY: Millennium Challenge ability to build its resilience and
in this table show the differences Corporation. economic security. In addition,
between the final estimates of the sustainable natural resource
agricultural worker population and the ACTION: Notice. management is lacking in this fragile
population estimates on which Fiscal environment, and water and pasture
Year 2016 grant allocations were based. SUMMARY: In accordance with Section resources are frequently over-utilized,
610(b)(2) of the Millennium Challenge causing severe erosion of once
Table III Act of 2003 (22 U.S.C. 7701–7718) as productive areas. Agricultural
LSC-Eligible Agricultural Worker amended (the Act), and the heading productivity has stagnated due to a lack
Population by State: Comparison of ‘‘Millennium Challenge Corporation’’ of of access to critical productive inputs
February 2016 Estimates and Final the Department of State, Foreign such as improved seed, fertilizer,
Estimates. The data in this table show Operations, and Related Programs irrigation, and technical assistance.
the differences between the final Appropriations Act, 2015, the Water resource management,
estimates of the total LSC-eligible Millennium Challenge Corporation community-based livestock and climate-
agricultural worker population and the (MCC) is publishing a summary of the resilient agriculture systems are critical
estimates published in February 2016. Millennium Challenge Compact to ensure adaptability, improve
between the United States of America, agricultural productivity, and sustain
Table IV acting through the Millennium water and land resources in Niger. The
Number of LSC-Eligible Agricultural Challenge Corporation, and the Compact will seek to raise rural incomes
mstockstill on DSK3G9T082PROD with NOTICES

Workers by State: Comparison of Republic of Niger. Representatives of by increasing agricultural and livestock
February 2016 and Final Estimates. The the United States Government and Niger production by boosting production
data in this table show the differences executed the Compact documents on through increases in areas under
between the final estimates number of July 29, 2016. The complete text of the cultivation and improvements in yields.
the number LSC-eligible agricultural Compact has been posted at https:// Through the Compact, MCC will finance
workers and the estimates published in assets.mcc.gov/documents/niger- critical access to water for crop and
February 2016. compact-signed.pdf. livestock productivity, market

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Document Created: 2016-08-06 03:08:12
Document Modified: 2016-08-06 03:08:12
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.
Dates		Effective September 7, 2016.
Contact		Mark Freedman, Senior Associate General Counsel, Legal Services Corporation, 3333 K St. NW., Washington, DC 20007; 202-295-1623 (phone); 202-337-6519 (fax); [email protected]
FR Citation		81 FR 52461