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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Notices6273and seasonal farmworkers during the1997 and 1998 Program Years underSection 402 of the Job TrainingPartnership Act for all grantees exceptthose serving Minnesota, Mississippi,North Dakota, Puerto Rico, and SouthDakota.This waiver is exercised inaccordance with JTPA section 402(c)(2)which states as follows:The competition for grants under thissection shall be conducted every 2 years,except that if a recipient of such a grant hasperformed satisfactorily under the terms ofthe existing grant agreement, the Secretarymay waive the requirement for suchcompetition upon receipt from the recipientof a satisfactory 2-year grant period.This waiver applies to the‘‘succeeding 2-year grant’’ period of thefour year funding cycle that began July1, 1995. Grants for the first 2-year grantperiod covering PYs 1995 and 1996(July 1, 1995 through June 30, 1997)were competed through a solicitation forgrant agreements for every State servicearea.The Department has determined thatthere are three grantees that have notperformed satisfactorily during thecurrent Program Year. These granteesoperate Section 402 migrant andseasonal farmworker grant programs inthe five State service areas of Minnesota,Mississippi, North Dakota, Puerto Ricoand South Dakota. Since the waiverdoes not apply to these five areas, theDepartment seeks qualifying grantees foroperating programs in these five areasunder the Solicitation that follows.B. Solicitation for Grant AgreementsThis notice provides instructionsconsisting of: Part I—Introduction; andPart II—Solicitation for GrantApplication (SGA). Part II constitutesinvitations from the Department forpublic agencies, and private nonprofitorganizations authorized by theirCharters or Articles of Incorporation toprovide training and employment andother services described in this notice,to submit funding applications foroperating migrant and seasonalfarmworker programs during PY 1997 inMinnesota, Mississippi, North Dakota,Puerto Rico and South Dakota.Part I—Introduction and BackgroundJTPA, 29 U.S.C. 1501 et seq.,establishes programs to prepare youthand unskilled adults for entry into thelabor force, and to afford job training tothose economically disadvantagedindividuals and others facing seriousbarriers to employment who are inspecial need of such training to obtainproductive employment. Theregulations promulgated by DOL toimplement JTPA are set forth at parts626 through 638 of Title 20, Code ofFederal Regulations (CFR).The purpose of section 402 of JTPA,as set forth at 29 U.S.C. 1672 and 20CFR 633.102, is to provide job training,employment opportunities, and otherservices for those individuals who sufferchronic seasonal unemployment andunderemployment in the agricultureindustry. These conditions have beensubstantially aggravated by continualadvancements in technology andmechanization resulting indisplacement and contributesignificantly to the Nation’s ruralemployment problem. These factorssubstantially affect the entire nationaleconomy. Because of the special natureof farmworker employment and trainingproblems, such programs are centrallyadministered at the national level.Programs and activities supported underthis section shall, in accordance withsection 402(c)(3) of JTPA:(1) Enable farmworkers and theirdependents to obtain or retainemployment;(2) Allow participation in otherprogram activities leading to theireventual placement in unsubsidizedagricultural or nonagriculturalemployment;(3) Allow activities leading tostabilization in agriculturalemployment; and(4) Include related assistance andsupportive services.Regulations promulgated by DOL toimplement the provisions of Title IV,section 402, of JTPA are set forth in 20CFR part 633 and part 636. In addition,State and local governments and NativeAmerican applicants must conform toAdministrative Requirements at 29 CFRpart 97. Non-profit organizations mustconform to Administrative Regulationsat 29 CFR part 95. Migrant and otherseasonally employed farmworkerprograms are also subject to 29 CFRparts 93 (Restrictions on Lobbying), 96(Audit Requirements for Grants,Contracts and other agreements), and 98(Disbarment, Suspension and Drug-freeWorkplace requirements).Pursuant to 20 CFR 633.201, DOL willnot consider any funding applicationwhen fraud or criminal activity has beenproven to exist within the applicantorganization, or when efforts by theDOL to recover debts established byfinal agency action have beenunsuccessful. Prior to the final selectionof an applicant as a potential grantee,DOL will conduct a ResponsibilityReview of the available records toestablish an organization’s overallresponsibility to administer Federalfunds in accordance with 20 CFR633.204. Any applicant which is notconsidered or selected as a potentialgrantee because of these provisions shallbe advised of its appeal rights.Comments From the StatesExecutive Order 12372,‘‘Intergovernmental Review of FederalPrograms,’’ and the implementingregulations at 29 CFR part 17, areapplicable to this program. Pursuant tothese requirements, in States whichhave established a consultation processexpressly covering this program,applications shall be provided to theState for comment. Since States alsomay participate as competitors for thisprogram, applications shall besubmitted to the State upon thedeadline for submission to DOL (20 CFR633.202(d)).To strengthen the implementation ofE.O. 12372, DOL specifies the followingtimeframe for its treatment of commentsfrom the State’s Single Point of Contact(SPOC) on JTPA section 402applications:1. As required by 29 CFR 17, theSPOC must submit comments, if any, toDOL no later than 60 days after thedeadline date for applications;2. DOL will forward those commentsto the applicant within 10 days of theirreceipt from the SPOC; and3. DOL will notify the SPOC of itsdecision regarding the comments andresponse, but, under normalcircumstances, will not implement thatdecision for at least 10 days after theSPOC has been notified.Planning EstimatesPlanning estimates for the fivejurisdictions are provided below. Thestated amounts are solely for thepurpose of developing the fundingapplications and are the same as the PY1996 allocations. Final allocation levelsfor PY 1997 will be published for allState service areas at a later date.Minnesota: $1,243,685Mississippi: $1,413,704North Dakota: $456,939Puerto Rico: $2,867,153South Dakota: $675,971Part II—Solicitation for GrantApplicationsA. Funding ApplicationsProgram Year 1997 section 402 fundsare available for grants to serve all Stateservice areas except Alaska, RhodeIsland and the District of Columbia. Asstated in the preceding portion of thisnotice, funds will be awarded throughcompetition to serve the five Stateservice areas listed above.Applications for Statewide programsare encouraged, but are not necessary.