Agricultural Career and Employment Grants Program, 66656-66660 [2011-27109]

Agencies

• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Proposed Rules]
[Pages 66656-66660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27109]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / 
Proposed Rules

[[Page 66656]]



DEPARTMENT OF AGRICULTURE

Office of Advocacy and Outreach

7 CFR Part 2502

RIN 0503-AA49


Agricultural Career and Employment Grants Program

AGENCY: Office of Advocacy and Outreach, Departmental Management.

ACTION: Proposed rule.

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SUMMARY: Section 14204 of the Food, Conservation and Energy Act of 2008 
authorizes the Secretary of Agriculture to make grants to assist 
agricultural employers and farmworkers by improving the supply, 
stability, safety, and training of the agricultural labor force. Such 
grants may be made to eligible entities for use in providing services 
to assist farmworkers who are citizens or otherwise legally present in 
the United States in securing, retaining, upgrading, or returning from 
agricultural jobs. The Agriculture, Rural Development, Food and Drug 
Administration and Related Agencies Appropriations Act, 2010 (2010 
Appropriations Act), included an appropriation of $4 million to the 
U.S. Department of Agriculture's (USDA) Rural Housing Service (RHS) for 
this program. The delegation of authority and funding for the program 
has since been transferred to the Office of Advocacy and Outreach 
(OAO), within Departmental Management of USDA. The purpose of this 
rulemaking is to establish regulations governing the grants program, 
including eligibility, application for, evaluation, award and post-
award administration of grants made pursuant to the authority granted 
to the Secretary under Section 14204.

DATES: Comments on the proposed rule must be received by the agency on 
or before November 28, 2011 to be assured of consideration. Comments on 
the collection of information, Paperwork Reduction Act, must be 
received by the agency on or before December 27, 2011 to be assured of 
consideration.

ADDRESSES: You may submit comments on the proposed rule, identified by 
RIN 0503-AA49 by any of the following methods:
    Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: christine.chavez@osec.usda.gov. Include Regulatory 
Information Number (RIN) number 0503-AA49 in the subject line of the 
message.
    Fax: 202-720-7136.
    Mail: Comments may be mailed to the Office of Advocacy and 
Outreach, U.S. Department of Agriculture, 1400 Independence Avenue, 
Room 520-A, Stop 9801, Washington DC 20250-9821.
    Hand Delivery/Courier: Office of Advocacy and Outreach, U.S. 
Department of Agriculture, 1400 Independence Avenue, SW., Room 520-A, 
Washington DC 20250.
    Instructions: all submissions received must include the agency name 
and the RIN for this rulemaking. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: Christine Chavez, Program Leader, 
Farmworker Coordination, Office of Advocacy and Outreach, U.S. 
Department of Agriculture, 1400 Independence Avenue, SW., Stop 9801, 
Washington, DC 20250 Voice: 202-205-4215, Fax: 202-720-7136, E-mail: 
christine.chavez@osec.usda.gov

SUPPLEMENTARY INFORMATION: 

I. Background and Applicability of Regulations

    Authority: Section 14204 of the Food, Conservation and Energy Act 
of 2008, Public Law 110-246 (June 18, 2008) (2008 Farm Bill), 7 
U.S.C.:20089q-1, authorizes the Secretary of Agriculture to make grants 
to assist agricultural employers and farmworkers by improving the 
supply, stability, safety, and training of the agricultural labor 
force. Such grants may be made to eligible entities for use in 
providing services to assist farmworkers who are citizens or otherwise 
legally present in the United States in securing, retaining, upgrading, 
or returning from agricultural jobs. The purpose of this rulemaking is 
to establish regulations governing the grants program, including 
eligibility, application for, evaluation, award and post-award 
administration of grants made pursuant to the authority granted to the 
Secretary under Section 14204. The Agriculture, Rural Development, Food 
and Drug Administration and Related Agencies Appropriations Act, 2010, 
Public Law 111-80, October 21, 2009) (2010 Appropriations Act) included 
an appropriation of $4 million to the U.S. Department of Agriculture's 
(USDA) Rural Housing Service (RHS) for this program, and the delegation 
of authority and funding for the program has since been transferred to 
the Office of Advocacy and Outreach (OAO), within Departmental 
Management of USDA. OAO has designated the program the Agricultural 
Career and Employment (ACE) Grants Program and it will be referred to 
as such hereafter.
    Purpose of the ``ACE'' Grants Program: As the title of Section 
14204 of the 2008 Farm Bill suggests--``Grants to Improve the Supply, 
Stability, Safety, and Training of Agricultural Labor Force''--the 
grants program authorized by this section is designed to address the 
needs of both agricultural employers and farmworkers with respect to 
the supply of skilled labor in American agriculture and the stability 
of employment in that sector. About 800,000 hired farmworkers are 
employed in U.S. agriculture, with hired workers making up an estimated 
one-third of the total agricultural labor force. Particularly critical 
for labor-intensive sectors of agriculture, such as fruits and 
vegetables, the hired agricultural labor force in the United States is 
characterized by considerable instability. Among the hired workforce 
are large numbers of migrant and seasonal farmworkers, many of whom 
travel long distances to obtain employment, and often move from crop to 
crop as conditions warrant. See, A Profile of Hired Farmworkers, A 2008 
Update, by William Kandel, U.S. Department of Agriculture, Economic 
Research Service available at https://www.ers.usda.gov/Publications/ERR60/err60_reportsummary.pdf.
    Despite this regular flow of workers, regional differences in 
crops, variations in harvest times, and unpredictable weather 
conditions mean that many growers complain of chronic labor shortages, 
while farmworkers frequently report it is difficult to locate

[[Page 66657]]

employment or obtain sufficient hours of work to earn a living. 
Unemployment rates among farmworkers generally are double those of 
other wage and salaried workers and those working in field crops have 
twice the unemployment rate of livestock workers. Historically, the 
uncertainty farmworkers have faced as to the availability or duration 
of work, along with the low wages generally earned by hired farm 
laborers, has led to many employed in the agricultural labor sector to 
leave agriculture for employment in other industries. Because of high 
turnover rates in agricultural employment, it is estimated that 2.0 to 
2.5 individual farmworkers fill each job slot in the course of a year. 
This phenomenon has lead to chronic instability in the labor market and 
a shortage of skilled and experienced workers.
    The ACE grants program is intended to improve the supply of skilled 
agricultural workers and bring greater stability to the workforce in 
this sector. This stability will be realized through services 
specifically designed to assist farmworkers in securing, retaining, 
upgrading or returning from an agricultural job. Such services include 
the following:
     Agricultural labor skills development;
     The provision of agricultural labor market information;
     Transportation;
     Short-term housing while in transit to an agricultural 
worksite;
     Workplace literacy and assistance with English as a second 
language;
     Health and safety instruction, including ways of 
safeguarding the food supply of the United States; and
     Other such services the Secretary deems appropriate.
    The training and services offered through the ACE grants program 
will benefit growers by contributing to the establishment of a more 
skilled pool of workers. Farmworkers who avail themselves of the 
training and the other services under the program should have enhanced 
employment opportunities, with the prospect of obtaining additional 
hours of work and pay or better paying positions on the farm and 
expanded promotional opportunities as a result of upgraded skills. 
Moreover, to the extent greater opportunities exist for farmworkers 
within the agricultural industry, hired farm laborers will have greater 
incentives to remain in agriculture and will be less likely to leave 
farm work for other occupations. Finally, training farmworkers in ways 
to safeguard the food supply of the United States is intended to 
benefit not only consumers, but to benefit growers and farmworkers 
alike by minimizing disruptions in the agricultural sector due to 
product contamination. Taken together, the listed services and program 
goals are intended to promote stability in the workforce and thereby 
improve the supply of skilled labor across U.S. agriculture.

II. Administrative Requirements for the Proposed Rulemaking

A. Executive Orders 12866, 13563, and the Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has been reviewed 
by the Office of Management and Budget. We have prepared an economic 
analysis for this rule which is summarized below. The economic analysis 
provides a cost-benefit analysis, as required by Executive Orders 12866 
and 13563, and an initial regulatory flexibility analysis that examines 
the potential economic effects of this proposed rule on small entities, 
as required by the Regulatory Flexibility Act. Copies of the full 
analysis are available by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov). The 
economic analysis outlines several benefits of this program. The 
program would provide agricultural employers with access to a more 
stable and skilled pool of farmworkers and would provide farmworkers 
with enhanced employment opportunities, such as additional hours of 
work, better terms and conditions of employment, training, an increase 
in wages, and more opportunity for advancement. Training farmworkers in 
ways to safeguard the food supply will benefit not only agricultural 
employers and farmworkers, but also consumers. The total cost of this 
program would be $4 million to taxpayers, most of which would be 
awarded as grants with a 15 percent maximum that could be used to 
administer the program.
    The Initial Regulatory Flexibility Analysis addresses the expected 
impact of this program on small entities. It is expected that the 
majority of the entities eligible for grants will be small. However, 
OAO does not expect this rule to have a significant economic impact on 
a substantial number of small entities.

C. Paperwork Reduction Act (PRA)

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for Departmental 
Management, Washington, DC 20503. Please state that your comments refer 
to Docket No. (Insert docket No.). Please send a copy of your comments 
to: (1) Christine Chavez, Program Leader, Farmworker Coordination, 
Office of Advocacy and Outreach, U.S. Department of Agriculture, 1400 
Independence Avenue, SW., Stop 9801, Washington, DC 20250, Fax: 202-
720-7136 E-mail: christine.chavez@osec.usda.gov. (2) Clearance Officer, 
OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    This proposed rule would allow USDA to make grants to assist 
agricultural employers and farmworkers by improving the supply, 
stability, safety, and training of the agricultural labor force.
    OAO is asking OMB to approve its use of this information collection 
activity to ensure that it will maximize the utility of information 
which is created, collected and maintained and minimize both the burden 
imposed on entities seeking to participate in the program as well as 
costs to the federal government.
    We are soliciting comments from the public concerning our proposed 
information collection and recordkeeping requirements. These comments 
will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden on the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information

[[Page 66658]]

is estimated to average 1 hour per response.
    (1) Respondents: Not-for-profit institutions or a consortium which 
includes a non-profit organization(s) and one or more of the following: 
Agribusinesses, State and local governments, agricultural labor 
organizations,
    Estimated annual number of respondents: 20.
    Estimated annual number of responses per respondent: 3 (average).
    Estimated annual number of responses: [65].
    Estimated total annual burden on respondents: 2 hours (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from 
Christine Chavez, Program Leader, Farmworker Coordination, Office of 
Advocacy and Outreach, U.S. Department of Agriculture, 1400 
Independence Avenue, SW., Stop 9801, Washington, DC 20250, E-mail: 
christine.chavez@osec.usda.gov.

E-Government Act Compliance

    The Office of Advocacy and Outreach is committed to compliance with 
the E-Government Act to promote the use of the Internet and other 
information technologies, to provide increased opportunities for 
citizen access to Government information and services, and for other 
purposes. For information pertinent to E-Government Act compliance 
related to this proposed rule, please contact Christine Chavez, Program 
Leader, Farmworker Coordination, Office of Advocacy and Outreach, U.S. 
Department of Agriculture, 1400 Independence Avenue, SW., Stop 9801, 
Washington, DC 20250, E-mail: christine.chavez@osec.usda.gov.

D. Catalog of Federal Domestic Assistance

    This proposed rule applies to the following Federal assistance 
program administered by the Office of Advocacy and Outreach: 10.465, 
Farmworker Training Grants.

E. The National Environmental Policy Act of 1969

    The Department concludes that the requirements of the National 
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq (NEPA) do not 
apply to this rulemaking because this rule includes no provisions 
impacting the maintenance, preservation or enhancement of a healthful 
environment.

F. Federal Regulations and Policies on Families

    Pursuant to the requirements of Section 654 of the Treasury and 
general Government Appropriations Act of 1999, 5 U.S.C. 601 note, the 
Department concludes this regulation has no potential negative effect 
on family well-being as defined there under.

G. Executive Order 13045: Protection of Children From Environmental and 
Safety Risk

    The Department concludes that this proposed rule has no negative 
effect on the health and safety of children.

H. Unfunded Mandates Reform Act of 1995 and Executive Order 13132

    Pursuant to Executive Order No. 13132, 64 FR 43225 (August 10, 
1999) and the Unfunded Mandates Act of 1995, 2 U.S.C. 1501 et seq., the 
Department concludes there is no potential or substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. As there is no 
Federal mandate contained herein that could result in increased 
expenditures by State, Local, and tribal governments or by the private 
sector, the Department has not prepared a budgetary impact statement.

I. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    In accordance with Executive Order 13175, 65 FR 67249 (Nov. 9, 
2000), the Department concludes this rule, as proposed, does not have 
``tribal implications'' nor substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes.

J. Executive Order 12988: Civil Justice Reform

    This proposed rule has been reviewed in accordance with Executive 
Order 12988, Civil Justice Reform. This rule would not preempt State or 
local laws, is not intended to have retroactive effect, and would not 
involve administrative appeals.

K. Executive Order 13132: Federalism

    This proposed rule would not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. 
Provisions of this rule would not have a substantial direct effect on 
States or their political subdivisions or on the distribution of power 
and responsibilities among the various government levels.

L. Executive Order 12372: Intergovernmental Review of Federal Programs

    For the reasons set forth in the Final Rule Related Notice for 7 
CFR part 3015, subpart V (48 FR 29115, June 24, 1983), this program is 
excluded from the scope of the Executive Order 12372, which requires 
intergovernmental consultation with State and local officials. This 
program does not directly affect State and local governments.

List of Subjects in 7 CFR Part 2502

    Agricultural labor, Agricultural employers, Grants, Farmworkers, 
Training.

    For the reasons discussed in the preamble, the Office of Advocacy 
and Outreach, Departmental Management, proposes to amends chapter XXV 
of title 7 of the Code of Federal Regulations to add part 2502 to read 
as follows:

PART 2502--AGRICULTURAL CAREER AND EMPLOYMENT (ACE) GRANTS PROGRAM

Subpart A--General Information
Sec.
2502.1 Applicability of regulations.
2502.2 Definitions.
2502.3 Deviations.
Subpart B--Program Eligibility, Services and Delivery
2502.4. Program eligibility.
2502.5 Program benefits and services.
2502.6. Recipients of program benefits or services.
2502.7 Responsibilities of grantees.
Subpart C--Grant Applications and Administration
2502.8 Pre-award, award, and post-award procedures and 
administration of grants.

    Authority: 7 U.S.C. 2008q-1.

Subpart A--General Information


Sec.  2502.1  Applicability of regulations.

    (a) This part contains program-specific definitions for the ACE 
Grants Program.
    (b) Subpart B establishes the criteria to be used in determining 
eligibility for an ACE grant award and the requirements for the 
delivery of program benefits and services, including who is considered 
eligible to receive such benefits and services and what the 
responsibilities are of ACE grantees.
    (c) Subpart C establishes that, unless otherwise provided herein, 
the

[[Page 66659]]

procedures for applying for ACE grants, the processes to be followed by 
OAO in evaluating grant proposals and awarding program funds, and the 
procedures for post-award administration of ACE grants are those set 
forth at 7 CFR part 2500, Subparts A, B, C, D and E.


Sec.  2502.2  Definitions.

    As used in this part (unless otherwise indicated):
    Agency means the Office of Advocacy and Outreach (OAO), an agency 
of the United States Department of Agriculture (USDA) or a successor 
agency.
    Agricultural Employer means any person or entity which employs, as 
defined in the Migrant and Seasonal Agricultural Worker Protection Act, 
29 U.S.C. 1802, individuals engaged in agricultural employment and may 
include farmers, ranchers, dairy operators, agricultural cooperatives, 
and farm labor contractors.
    Agricultural Employment means any service or activity as defined in 
the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 
1802, including any activity defined as ``agriculture'' in Section 3(f) 
or the Fair Labor Standards Act of 1938, 29 U.S.C. 203(f), any activity 
defined as ``agricultural labor'' in 26 U.S.C. 3121(g) (the Internal 
Revenue Code); as well as the handling, planting, drying, packing, 
packaging, processing, freezing, or grading prior to delivery for 
storage of any agricultural or horticultural commodity in its 
unmanufactured state.
    Authorized Departmental Officer (ADO) means the individual, acting 
within the scope of delegated authority, who is responsible for 
executing and administering awards on behalf of the U.S. Department of 
Agriculture.
    Community-based organization means a non-governmental organization 
with a well-defined constituency that includes all or part of a 
particular community.
    Consortium means a group formed by entities with similar goals and 
objectives for the purpose of pooling resources to undertake a project 
that would otherwise be reasonably beyond the capabilities of any one 
member.
    Eligible entity, as described in section 379C(a) of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 2008q(a), means a 
non-profit organization, or a consortium of nonprofit organizations, 
agribusinesses, State and local governments, agricultural labor 
organizations, farmer or rancher cooperatives, and community-based 
organizations with the capacity to train farm workers.
    Farmworker means an individual hired to perform agricultural 
employment, including migrant, seasonal, and hired family farm workers. 
The term farmworker includes individuals who are not currently employed 
as a farmworker but who are actively seeking work as such. The term 
does not include agricultural employers or individuals who are self-
employed.
    Grantee means the organization designated in the grant award 
document as the responsible legal entity to which a grant is awarded.
    Legally present in the United States shall have the same meaning as 
the term ``lawfully present'' in the United States as defined at 8 CFR 
103.12(a) (addressing eligibility for Title II Social Security benefits 
under Pub. L. 104-193).
    Notice of Funding Availability (NOFA) means a notice published in 
the Federal Register announcing the availability of money for the 
grants program which lists the application deadlines, eligibility 
requirements and locations where interested parties can get help in 
applying.
    Office of Advocacy and Outreach (OAO) means the Office of Advocacy 
and Outreach, an office within the USDA's Departmental Management.
    Request for Proposal (RFP) refers to a grant competition and is 
used interchangeably with the phrase grant application notice and 
solicitation for grant applications (SFA).
    Retaining an agricultural job means continuing agricultural 
employment, including upgraded employment.
    Returning from an agricultural job means returning to a home area 
from a position in agricultural employment.
    Secretary means the Secretary of Agriculture and any other officer 
or employee of the United States Department of Agriculture to whom the 
authority involved is delegated.
    Securing an agricultural job means obtaining agricultural 
employment.
    State means any of the States of the United States, the District of 
Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and 
Guam.
    United States worker (U.S. worker) shall have the same meaning as 
the term U.S. worker defined by the Department of Labor at 20 CFR 
655.4.
    Upgrading an agricultural job means advancement to a position in 
agricultural employment which offers more hours of work and/or better 
terms and conditions of employment and/or an increase in wages.


Sec.  2502.3  Deviations.

    Any request by the applicant or grantee for a waiver or deviation 
from any provision of this part shall be submitted to the ADO 
identified in the agency specific requirements. OAO shall review the 
request and notify the applicant/grantee whether the request to deviate 
has been approved within 30 calendar days from the date of receipt of 
the deviation request. If the deviation request is still under 
consideration at the end of 30 calendar days, OAO shall inform the 
applicant/grantee in writing of the date when the applicant/grantee may 
expect the decision.

Subpart B--Program Eligibility, Services and Delivery


Sec.  2502.4.  Program eligibility.

    (a) Entities eligible to apply for and receive a grant under this 
part include:
    (1) A non-profit organization
    (2) A consortium of nonprofit organizations or;
    (3) A consortium which includes a non-profit organization(s) and 
one or more of the following: Agribusinesses, State and local 
governments, agricultural labor organizations, farmer or rancher 
cooperatives, and community-based organizations with the capacity to 
train farm workers.
    (b) Additional information about eligible entities may be included 
in the RFP. In addition, the RFP will specify the criteria by which an 
entity's capacity to train farm workers will be evaluated, but at a 
minimum, the entity shall be required to demonstrate that it has:
    (1) An understanding of the issues facing hired farmworkers and 
conditions under which they work; and
    (2) Familiarity with the agricultural industry in the geographic 
area to be served, including agricultural labor needs and existing 
services for farmworkers;
    (3) The capacity to effectively administer a program of services 
and benefits authorized by the ACE program.
    (c) An applicant will be required to submit application information 
to OAO, as specified in the RFP and/or FOA as part of the grant 
application.


Sec.  2502.5  Program benefits and services.

    (a) The ACE grants program will be centrally administered by the 
USDA in a manner consistent with these regulations, as well as the 
pertinent requirements of 7 CFR part 3015, 7 CFR part 3016, 7 CFR part 
3018, 7 CFR part 3019 and 7 CFR part 3052.
    (b) The Office of Advocacy and Outreach (OAO) has been designated 
as the organizational unit responsible for administering the ACE 
program, including, among other things, determining the number and 
amount of grants to be awarded, the purposes for the grants to be 
awarded, as well as the

[[Page 66660]]

criteria for the evaluation and award of grants.
    (c). Services and benefits provided under the ACE grants program 
are limited to those which will assist eligible farmworkers in 
securing, retaining, upgrading or returning from agricultural jobs.
    (d) Such services will include the following:
    (1) Agricultural labor skills development;
    (2) Provision of agricultural labor market information;
    (3) Transportation;
    (4) Short-term housing while in transit to an agricultural 
worksite;
    (5) Workplace literacy and assistance with English as a second 
language;
    (6) Health and safety instruction, including ways of safeguarding 
the food supply of the United States;
    (7) Such other services as the Secretary deems appropriate.
    (e) Grant funds shall not be used to deliver or replace any 
services or benefits which an agricultural employer, association, 
contractor, or any other entity is legally obliged to provide.


Sec.  2502.6  Recipients of program benefits or services.

    (a) Those eligible to receive program services or benefits under 
the ACE program are farmworkers who meet the definition of ``United 
States Workers'' as set forth in Sec.  2502.2.
    (b) Grantees shall be responsible for verifying the employment of 
farmworkers who are actively employed and are seeking to participate in 
program services or benefits. Unemployed farmworkers seeking to 
participate shall be required to certify to grantees that they are 
eligible for program services and benefits as provided herein. 
Additional eligibility requirements may be included in the RFP.


Sec.  2502.7  Responsibilities of grantees.

    Each grantee is responsible for providing services and/or benefits 
authorized by this program in accord with a service delivery strategy 
described in its approved grant plan. The services must reflect the 
needs of the relevant farmworker population in the area to be served 
and be consistent with the goals of assisting farmworkers in securing, 
retaining, upgrading, or returning from agricultural jobs. The 
necessary components of a service delivery strategy and grant plan will 
be fully set forth in an RFP but the plan shall include, at a minimum, 
the following:
    (a) The employment and education needs of the farmworker population 
to be served;
    (b) The manner in which the proposed services to be delivered will 
assist agricultural employers and farmworkers in securing, retaining, 
upgrading or returning from agricultural jobs;
    (c) The manner in which the proposed services will be coordinated 
with other available services;
    (d) The number of participants the grantee expects to serve for 
each service provided, the results expected and the anticipated 
expenditures for each category of service.

Subpart C--Grant Applications and Administration


Sec.  2502.8  Pre-award, award, and post-award procedures and 
administration of grants.

    (a) Unless otherwise provided in this part, the requirements 
governing pre-award solicitation and submission of proposals and/or 
applications, the review and evaluation of such, the award of grant 
funds, and post-award and close-out procedures are those set forth at 7 
CFR part 2500, subparts A, B, C, D and E.
    (b) For purposes of the ACE Grants Program, the provisions Sec.  
2500.49 of this chapter shall not apply. In lieu of that provision, the 
following requirements shall apply: Awardees may not subcontract more 
than 20 percent of the award to other parties without prior written 
approval of the ADO. To request approval a justification for the 
proposed subcontract, a performance statement, and a detailed budget 
for the subcontract must be submitted in writing to the ADO.

    Signed in Washington, DC, on October 14, 2011.
Pearlie S. Reed,
Assistant Secretary for Administration for the Office of the Secretary.
[FR Doc. 2011-27109 Filed 10-26-11; 8:45 am]
BILLING CODE 3412-89-P