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e. 6. B. Review and Public Comment

In developing the AOP, the SWA must solicit information and suggestions from NFJP grantees, other appropriate MSFW groups, public agencies, agricultural employer organizations, and other interested organizations. In addition, at least 45 calendar days before submitting its final AOP, the SWA must provide a proposed plan to NFJP grantees, public agencies, agricultural employer organizations, and other organizations expressing an interest and allow at least 30 days for review and comment. The SWA must: 1) Consider any comments received in formulating its final proposed AOP; 2) Inform all commenting parties in writing whether their comments have been incorporated and, if not, the reasons therefore; and 3) Transmit the comments and recommendations received and its responses with the submission of the AOP.

The AOP must include a statement confirming NFJP grantees, other appropriate MSFW groups, public agencies, agricultural employer organizations and other interested employer organizations have been given an opportunity to comment on the AOP.  Include the list of organizations from which information and suggestions were solicited, any comments received, and responses to those comments.

Current Narrative:

In accordance with 20 CFR Subpart B, 653.107 & 108 (4), the State Monitor Advocate participated in the preparation of the agricultural plan and has been afforded the opportunity to approve and comment on the plan. Such review indicates that the plan has been prepared properly, omitting none of the prescribed requirements, and properly describes the activities planned for providing services to both agricultural employers and migrant seasonal farmworkers. 

WIOA Section 167 NFJP grantee, Indiana Farm Bureau, Purdue Agriculture Extension, Pathstone Corporation, Indiana Family & Social Services, Indiana Housing and Community Development Authority, Indiana Department of Education, Community Development Institute Head Start, and Indiana Migrant and Seasonal Farmworker Coalition were solicited for information and suggestions in the formulation of this plan and/or provided the opportunity to comment. 

On 02/02/2024, SMA emailed all members of the Indiana Migrant & Seasonal Farmworker Coalition to include (NFJP) to advise them about the Indiana’s Strategic Plan & AOP and encourage comment. Additionally, the Plan was posted for public comment on the GWC website and notice was sent out to a broad audience of the available public comment period. A public comment was received from one stakeholder entity, Proteus, and appropriate revisions were incorporated into the AOP. The committees met at the end of the public comment process to review the comments received and make any necessary updates to the Plan. The Plan was then submitted for final review and approval to the Governor’s Workforce Cabinet before its submission. The SWA reviewed this comment and advised that we would review this strategy in PY24 and PY25 and identify if additional resources would be needed to conduct housing inspections for H2A workers. 

The AOP will be uploaded to the MSFW DWD webpage by the Department’s webmaster. 

*Comments received from Proteus and corresponding DWD responses are below (page and section references based on draft Plan and may have changed):

  • COMMENT: I would like to see more mention about NFJP provider partnering with SWA, SMA and State Outreach Workers and our shared collaborations in conducting outreach, if possible. 
    • RESPONSE: No change made to Plan; DWD will respond to Proteus.
  • COMMENT: Page 51 Section 2.2 states,  “Growers are still expressing a shortage of U.S. Domestic workers and are moving towards hiring foreign workers. Last fiscal year (Oct. 1, 2022, to Sept. 30, 2023), the Indiana State Workforce Agency (SWA) processed 212 agricultural clearance orders. DWD will increase collaboration and communication with the ISDA to extend its outreach efforts and impact for MSFWs.” I would suggest that you include the total number of H2A Workers that worked in Indiana in 2023. 
    • RESPONSE: Change made to Plan to add number of H2A Workers.
  • COMMENT: Page 51 Section 2.3 States, “The agricultural economic factors are projected to be the same next year with effective net results. We have seen an increase in foreign workers in all types of agricultural commodities. Agricultural employers are hiring truck drivers, construction workers, agricultural equipment operators, and mechanics for agricultural work.”  I would suggest stating how many of each worker such as Equipment, drivers, etc. 
    • RESPONSE: Change made to Plan to add numbers of workers.
  • COMMENT: The Wage and Hour Division (WHD) is a federal agency in Indiana, not an Indiana state agency. It[‘s] full title is:  U.S. Department of Labor – Wage & Hour Division. The way that it reads [is] looks like you are saying it is a state agency. You could denote that ILS and NFJP and the like are community partners, not state agencies, I think the rest is fine.
    • RESPONSE: Change made to clarify US Department of Labor Wage and Hour Division.