39062 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Notices

1The designation ‘‘tribal jurisdiction statistical

area’’ was changed to Oklahoma tribal statistical

area to avoid the misperception that such

designation constituted recognition or confirmation

by the federal government of a particular legal

status. The new designation is defined in the

‘‘Definitions of Key Terms’’ section.

DEPARTMENT OF COMMERCE

Bureau of the Census

[Docket Number 000531161–0161–01]

RIN 0607–ZA04

American Indian and Alaska Native

Areas (AIANAs) Geographic Program

for Census 2000

AGENCY: Bureau of the Census,

Commerce.

ACTION: Notice of final program criteria.

SUMMARY: This notice provides the final

program criteria used to designate

American Indian and Alaska Native

areas (AIANAs) for inclusion in Census

2000 and other U.S. Census Bureau

demographic programs, and describes

the changes from the criteria used for

the 1990 census. It also provides

background information and a list of

definitions of key terms used in the

criteria. This program applies to all

AIANAs in the United States. This

notice includes the responses to

comments received regarding the

‘‘notice of proposed program’’ issued in

the Federal Register on October 21,

1999 (64 FR 56732).

For Census 2000, the U.S. Census

Bureau is using the collective term

AIANAs to refer to:

• Alaska Native Regional

Corporations (ANRCs),

• Alaska Native village statistical

areas (ANVSAs),

• Federally recognized American

Indian reservations,

• American Indian tribal

subdivisions,

• American Indian off-reservation

trust lands,

• Tribal designated statistical areas

(TDSAs),

• Oklahoma tribal statistical areas

(OTSAs) (formerly ‘‘tribal jurisdiction

statistical areas (TJSAs)’’) 1,

State recognized American Indian

reservations, and State designated

American Indian statistical areas

(SDAISAs).

The above include both legally

established geographic entities and

geographic entities created solely for

statistical reporting (see ‘‘Definitions of

Key Terms’’ in the SUPPLEMENTARY

INFORMATION section).

Prior to the 1980 census, the U.S.

Office of Management and Budget

established an ad hoc interagency

committee on the American Indian and

Alaska Native populations to identify

and examine how the federal

government could provide improved

data for these populations. One of the

primary tasks of the interagency

committee, which included the U.S.

Census Bureau and federal agencies

with responsibility for funding,

planning, or administering programs for

these populations, was to identify the

content requirements and geographic

entities for which 1980 census data

were needed to fulfill federal legislative

and program administration

requirements. In addition to the federal

effort, the Census Bureau sought

information on data needs from

American Indian and Alaska Native

tribal governments and communities, as

well as from state governments.

To meet the diverse data requirements

this process documented, as well as

provide general-purpose statistics, the

Census Bureau needed to identify and

define new geographic areas reflecting,

to the extent possible, legally

established entities, unique historical

tribal homelands, and current

settlements of tribal activity.

The U.S. Census Bureau’s primary

purpose for delineating boundaries for

geographic entities is to develop the best

possible geographic frame of reference

for tabulation and presentation of

statistical information. While aware of

the uses of data by other federal

agencies for program purposes, the

Census Bureau does not create

geographic frames of reference based on

specific federal agency uses or needs.

The Census Bureau strongly encourages

other federal, state, and other types of

agencies to review and revise their

formulas, if needed, to better administer

specific programs. The challenge of

developing geographic frames of

reference for AIANAs was made more

difficult by the lack of one definitive

source of information and the differing

legal circumstances and geographic

settlement patterns of particular tribes.

There are both federally recognized and

state recognized tribes. Some have

reservations and/or established land

bases, while others do not have

established land bases, even though

they conduct tribal activity within a

geographically definable area.

For tribal governments with

reservations and/or off-reservation trust

lands existing under law today, the U.S.

Census Bureau had to develop a

mechanism to obtain and maintain the

most current, legally established

boundaries for data tabulation purposes.

Because some tribes currently do not

have a legally established land base

(reservation or off-reservation trust

lands) with clearly delineated

boundaries and legally recognized

authority, the Census Bureau has

developed a set of statistically

equivalent entities. In doing so, the

Census Bureau has focused on the

overall objective—producing statistics

for a geographically defined entity that

has significance for each tribal

government as well as for the federal

and state agencies administering tribal

programs benefitting the tribe.

With this as the objective, the U.S.

Census Bureau developed the

underlying premise that geographic

statistical entities should reflect, to the

extent reasonably possible, the area in

which there is structured/organized

tribal activity and a concentration of

individuals residing who identify with

the particular tribe conducting such

activities. These criteria are, of

necessity, somewhat amorphous

because of the lack of a clearly defined

land base for some recognized tribes,

and because individuals who identify

with other tribes may be concentrated in

the same areas.

The effort to produce meaningful data

for American Indian and Alaska Native

tribal governments has been an

evolutionary process that is best

evidenced by the steps the Census

Bureau has taken for the 1980 and 1990

censuses. A brief description of those

procedures is included under the

‘‘Background’’ heading in the

SUPPLEMENTARY INFORMATION section.

This historic narrative is followed by a

description of the plans for Census

2000.

EFFECTIVE DATE: July 24, 2000.

FOR FURTHER INFORMATION CONTACT: For

information about the U.S. Census

Bureau’s geographic programs, contact

Mr. Robert Marx, Chief, Geography

Division, Bureau of the Census, Room

651, WP–1, Washington, DC 20233–

7400, telephone (301) 457–2131, or email (rmarx@geo.census.gov). For

information about the statistical data the

U.S. Census Bureau will tabulate from

Census 2000 for American Indians and

Alaska Natives, contact Dr. Jorge del

Pinal, Assistant Division Chief for

Special Populations, Population

Division, Bureau of the Census, Room

2011, FB–3, Washington, DC 20233–

8800, telephone (301) 457–4875, or

e-mail

(jorge.h.delpinal@ccmail.census.gov).

SUPPLEMENTARY INFORMATION: Pursuant

to title 13, United States Code, section

141(a), the Secretary of Commerce, as

delegated to the U.S. Census Bureau,

undertakes every ten years the

decennial census ‘‘* * * in such form

and content as he may determine.

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Notices 39063

* * *’’ This language gives wide

discretion to the Census Bureau in

taking the census. The Census Bureau

depicts AIANAs solely for purposes of

presenting general-purpose statistical

data from the decennial census of

population and housing and from other

large scale surveys. It does not take into

account or attempt to anticipate any

nonstatistical uses that may be made of

AIANAs, nor will the Census Bureau

modify the definition of AIANAs to

meet the requirements of the programs

of other agencies. Where disputes occur

between tribes because of overlapping

boundaries, the Census Bureau

encourages the respective tribal officials

to reach a mutually acceptable

agreement for the purpose of presenting

statistical data. However, there may be

instances in which the Census Bureau

cannot depict the boundaries submitted

to the satisfaction of all parties because

the boundaries are in dispute.

Representation of boundaries on Census

Bureau maps and in Census Bureau

databases is solely for the purpose of

data collection and data tabulation, and

does not convey or confer any rights to

land ownership or jurisdictional status.

The U.S. Census Bureau will tabulate

data from Census 2000 for the total

population and for the American Indian

and Alaska Native populations within

each ANRC, ANVSA, federally

recognized American Indian

reservation, off-reservation trust land,

tribal subdivision, TDSA, OTSA, state

recognized American Indian reservation

and SDAISA described in this notice.

Data associated with at least 30 of the

most populous tribes will be tabulated

within selected geographic entities. Data

for other tribes within specific

geographic entities may be available

only by a special tabulation.

Responses to Comments

The U.S. Census Bureau issued a

notice of proposed program and request

for public comment in a Federal

Register notice on Thursday, October

21, 1999 (64 FR 56732). That Notice

solicited comments about the Census

Bureau’s proposed geographic program

for AIANAs for Census 2000. The

Census Bureau received written

comments from four tribal governments

and one individual. The comments

ranged from historical clarification to

requests for changes in program criteria.

The Census Bureau provides specific

responses below to substantive

comments and will incorporate all

editorial comments meant to clarify or

improve the text without a specific

response.

Comment 1: An objection that the

proposed program includes Alaska

Native Regional Corporations (ANRCs).

Response 1: The U.S. Census Bureau

will continue to contact the nonprofit

associations affiliated with each ANRC

to seek assistance in reviewing the

boundaries of the ANRCs and in

defining boundaries for the Alaska

Native village statistical areas

(ANVSAs). Officials for the ANRC

always are responsible for reviewing the

legal ANRC boundaries. The assistance

of the ANRC officials is helpful for

delineating ANVSAs when there is no

response from the tribal leaders of the

Alaska Native villages to the Census

Bureau’s request for the review of their

ANVSA boundaries. The Census Bureau

is clarifying in the final notice that if

both an Alaska Native village (ANV)

official and a nonprofit ANRC official

provide a boundary to the Census

Bureau for an ANVSA, the Census

Bureau will use the boundary provided

by the ANV official as long as it meets

the boundary criteria described in this

notice.

Comment 2: Three of the four tribal

governments that responded to the

notice provided comments that centered

around how the Census Bureau plans to

define Oklahoma tribal statistical areas

(OTSAs). Numerous comments from

these governments questioned why the

Census Bureau does not use the

boundaries of the former reservations as

the boundaries for the OTSAs. The

comments contended that these

boundaries, as documented in the land

records held by the Bureau of Indian

Affairs (BIA), should represent the

‘‘present day recognized former

reservations in accordance with the last

treaties on file.’’

Response 2: The U.S. Census Bureau

uses the boundaries of former

reservations as the boundaries for

OTSAs with appropriate modifications

reflecting agreements with neighboring

tribes. The Census Bureau configures

statistical entities in Oklahoma in this

manner because most tribes continue to

reside upon and identify with former

reservations. Based on comments to this

notice, as well as feedback the Census

Bureau received at a meeting held in

July 1999 with tribal governments, it is

apparent that the explanation of OTSAs

in the original notice, and the

explanation of TJSAs in the materials

used for the 1990 census, caused some

confusion. To clarify, the Census Bureau

is revising the criteria for establishing

an OTSA. For Census 2000, an OTSA

will be a tribal statistical entity

delineated by those federally recognized

tribes in Oklahoma that have no current

reservation, but had a former reservation

in Oklahoma. The boundary for an

OTSA should conform to the boundary

of the former reservation, except where

modified by agreements between tribes

for statistical data presentation

purposes.

Comment 3: The Census Bureau

should use the metes and bounds

descriptions provided by either the

federally recognized tribal government

or by the BIA to determine the

boundaries for an OTSA.

Response 3: The U.S. Census Bureau

requires that boundaries for OTSAs, as

well as other geographic entities, be

provided via a graphic representation

rather than by a written metes and

bounds description because the Census

Bureau’s geographic database does not

contain the information required to

accurately transfer written descriptions.

The Census Bureau will provide maps

displaying boundaries for AIANAs used

in the 1990 census for the purpose of

reviewing and revising the boundaries

of each AIANA to be included in Census

2000. The Census Bureau also accepts

maps provided by tribal governments or

the BIA to depict boundaries in its

geographic database.

Comment 4: The Census Bureau

should delineate objective standards for

the proposed geographic areas. The area

definitions should be linked specifically

to the federal programs served by

defining the area.

Response 4: The U.S. Census Bureau

is not required to link the establishment

of a geographic entity to federal, tribal,

or state laws. Wherever possible, the

Census Bureau relies on objective

criteria to establish geographic frames of

reference for the tabulation of statistical

data. However, in some instances, such

as those in which a tribe has no land

base or for which there was no former

reservation, the Census Bureau must

rely on more subjective information

from the tribes. The Census Bureau

portrays the boundaries of both legal

and statistical entities for the sole

purpose of tabulating data from the

decennial census and its other largescale surveys. For legal entities, the

Census Bureau is committed to using

the most accurate governmental unit

boundaries established by law as of

January 1 of the census year. For

statistical entities, the Census Bureau is

committed to delineating the areas to be

included in partnership with tribal,

state, and local officials using criteria

developed in an open process.

Statistical entities, other than the

OTSAs, which rely on boundaries of

former reservations, must rely upon

more subjective standards—primarily

those based on input from tribal, state,

and local officials. Some examples of

39064 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Notices

statistical geographic entities other than

those in the AIANA program that were

developed by the Census Bureau,

reviewed by public comment in the

Federal Register, and delineated in

partnership with local or tribal agencies

and officials interested in using the data

tabulated for those areas are: census

tracts, block groups, and census

designated places.

The statistical entities defined by the

Census Bureau in partnership with

tribal and local agencies are created for

the primary purpose of providing the

best possible geographic frame of

reference for tabulating and presenting

statistical information. The Census

Bureau has determined that presenting

the data in this manner serves the needs

of tribal governments as well as those

federal and state agencies administering

tribal programs benefitting the tribe.

Comment 5: Why does the Census

Bureau propose including tribal

subdivisions and what federal laws are

associated with these areas?

Response 5: Tribal subdivisions are

internal units of self-government or

administration that serve social and/or

economic purposes for American

Indians on reservations and OTSAs. The

U.S. Census Bureau is working with

tribes that have such subdivisions to

delineate tribal subdivisions for Census

2000 in order to provide data for these

additional legal or administrative areas.

Providing data for tribal subdivisions is

analogous to counties within states or,

in certain states, minor civil divisions

within county. The Census Bureau is

not required to link the establishment of

a geographic entity to federal, tribal, or

state laws.

Executive Order 12866

This notice does not meet the criteria

for a ‘‘significant regulatory action’’ as

specified in Executive Order 12866.

Regulatory Flexibility Act

Pursuant to the provisions of the

Regulatory Flexibility Act (5 U.S.C.

605(b)), the Assistant General Counsel

for Legislation and Regulation,

Department of Commerce, certified to

the Chief Counsel, Small Business

Administration, that this notice will not

have a significant economic impact on

a substantial number of small entities.

This notice sets forth the U.S. Census

Bureau’s final program to designate

AIANAs for Census 2000. The program

will be used by the Census Bureau to

tabulate and disseminate statistical data

it collects for AIANAs in the decennial

census and its other large-scale surveys,

and these data presentations are solely

for statistical purposes.

Paperwork Reduction Act

Notwithstanding any other provision

of law, no person is required to respond

to, nor shall a person be subject to, the

requirements of the Paperwork

Reduction Act unless that collection of

information displays a current valid

OMB Control Number. Send comments

regarding the burden estimate or any

other aspect of this collection of

information, including suggestions for

reducing this burden, to the Bureau of

Census Desk Officer, Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, D.C. 20503.

Definitions of Key Terms

Alaska Native Claims Settlement Act

(ANCSA)—Legislation (Pub. L. 92–203)

enacted in 1972 recognized the Alaska

Native villages and established Alaska

Native Regional Corporations (ANRCs)

to conduct business and nonprofit

activities by and for Alaska Natives.

Alaska Native Regional Corporation

(ANRC)—A corporate entity organized

to conduct both business and nonprofit

affairs of Alaska Natives pursuant to the

ANSCA. Twelve ANRCs are geographic

entities that cover most of the State of

Alaska (the Annette Islands Reserve is

excluded from any ANRC). (A thirteenth

ANRC represents Alaska Natives who

do not live in Alaska and do not identify

with any of the 12 corporations; the

Census Bureau does not provide data for

this ANRC because it has no geographic

extent.) The boundaries of ANRCs have

been legally established.

Alaska Native village (ANV)—A type

of local governmental unit in Alaska

that constitutes an association, band,

clan, community, group, tribe, or village

recognized pursuant to the ANCSA of

1972 (Pub. L. 92–203). Because ANVs

do not have boundaries that are easily

locatable, the Census Bureau does not

delimit ANVs for the purpose of

presenting statistical data. Instead, the

Census Bureau presents statistical data

for Alaska Native village statistical areas

(ANVSAs), which represent the settled

portion of ANVs.

Alaska Native village statistical area

(ANVSA)—A statistical entity that

represents the densely settled portion of

an ANV. ANVSAs are reviewed and

delineated by officials of the ANV (or

officials of the ANRC in which the ANV

is located if no ANV official chooses to

participate in the delineation process)

solely for the purpose of presenting

statistical data.

American Indian reservation—

Federal—An area that has been set aside

by the United States for the use of the

tribe, the exterior boundaries of which

are more particularly defined in the

final tribal treaty, agreement, Executive

Order, federal statute, Secretarial Order,

or judicial determination. The Census

Bureau recognizes reservations as

territory over which American Indians

have primary governmental authority.

These entities are known as colonies,

communities, pueblos, rancherias,

ranches, reservations, reserves, tribal

towns, and tribal villages. The Bureau of

Indian Affairs (BIA) maintains a list of

federally recognized tribal governments.

American Indian reservation—State—

Some state governments have

established reservations for tribes

recognized by the state. A governorappointed state liaison provides the

name and boundary for each state

recognized American Indian reservation

to the Census Bureau.

American Indian tribal subdivision—

An administrative subdivision of a

federally recognized American Indian

reservation, off-reservation trust lands,

or an Oklahoma tribal statistical area

(OTSA), known as an area, chapter,

community, or district. These entities

are internal units of self-government or

administration that serve social,

cultural, and/or economic purposes for

the American Indians on the

reservation, off-reservation trust lands,

or OTSAs.

American Indian trust land—Area for

which the United States holds fee title

in trust for the benefit of a tribe (tribal

trust land) or for an individual Indian

(individual trust land). Trust lands can

be alienated or encumbered only by the

owner with the approval of the

Secretary of the Interior or his/her

authorized representative. Trust lands

may be located on or off a reservation.

The Census Bureau recognizes and

tabulates data for reservations and offreservation trust lands because the tribe

has primary governmental authority

over these lands. Primary tribal

governmental authority generally is not

attached to tribal lands located off the

reservation until the lands are placed in

trust. In Census Bureau data tabulations,

off-reservation trust lands always are

associated with a specific federally

recognized reservation and/or tribal

government.

Boundary and Annexation Survey

(BAS)—A Census Bureau survey of

counties/county equivalents, minor civil

divisions (MCDs), incorporated places,

ANRCs, and federally recognized

American Indian reservations and/or

off-reservation trust lands. Its purpose is

to determine, solely for the purposes of

data collection and data tabulation, the

complete inventory and the correct

names, legal descriptions, official status,

and official boundaries of the legal

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Notices 39065

entities with primary governmental

jurisdiction over certain lands within

the United States as of January 1 of the

survey year. The BAS also collects

specific information to document the

legal actions that established a boundary

or imposed a boundary change.

Bureau of Indian Affairs (BIA)—The

primary agency of the federal

government, located within the

Department of the Interior, charged with

the trust responsibility between the

federal government and federally

recognized American Indian and Alaska

Native tribal governments and

communities.

Fee land (or land in fee simple

status)—Area owned in fee simple

status (total ownership, not in trust) by

a tribe recognized by the federal

government or individual members of a

tribe. The title to such land is held by

the tribe or an individual, and tracts

and/or parcels of land can be alienated

or encumbered by the owner without

the approval of the Secretary of the

Interior or his/her authorized

representative. This type of land may be

located on or off a federally recognized

reservation. The Census Bureau does

not identify fee land (or land in fee

simple status) as a specific geographic

category.

Historic Areas of Oklahoma—A

geographic area established by the

Census Bureau for the 1980 census that

encompassed the former American

Indian reservations that had legally

established boundaries during the

period 1890 through 1907, but whose

lands were divided by allotment

agreements during the period preceding

the establishment of Oklahoma as a state

in 1907. The Historic Areas of

Oklahoma excluded all territory that

was in the Census Bureau’s 1980

urbanized areas. The 1980 census

tabulated data for this single entity,

which was replaced for the 1990 census

by the designation tribal jurisdiction

statistical areas (TJSAs), reflecting, in

general, a presentation of the data by

individual former reservations. The

TJSAs defined for the 1990 census

included territory without regard to

urbanized areas.

Joint use area—The term, as applied

to any AIANA by the U.S. Census

Bureau, means that the area is

administered jointly and/or claimed by

two or more American Indian tribes.

The Census Bureau designates both

legal and statistical joint use areas as

unique geographic entities for the

purpose of presenting statistical data.

Legal entity—A geographically

defined governmental entity whose

origin, boundary, name, and description

result from charters, laws, treaties, or

other governmental action. Examples

are the United States, states and

statistically equivalent entities, counties

and statistically equivalent entities,

MCDs, incorporated places,

congressional districts, American Indian

reservations and off-reservation trust

lands, ANRCs, and American Indian

tribal subdivisions. The legal entities

recognized for Census 2000 are those

that exist on January 1, 2000. (The U.S.

Census Bureau does not recognize ANVs

for the purpose of presenting statistical

data. The Census Bureau presents

statistical data for ANVSAs, which

represent the settled portion of the

ANVs.)

Oklahoma tribal statistical area

(OTSA)—A statistical entity identified

and delineated by the U.S. Census

Bureau in consultation with federally

recognized American Indian tribes that

have no current reservation, but that

had a former reservation in Oklahoma.

The boundary of an OTSA will be that

of the former reservation in Oklahoma,

except where modified by agreements

with neighboring tribes for statistical

data presentation purposes. OTSA

replaces the 1990 census term tribal

jurisdiction statistical area (TJSA).

Restricted fee land—Area for which

an individual American Indian or a tribe

holds fee simple title subject to

limitations or restrictions against

alienation or encumbrances as set forth

in the title and/or by operation of law.

Restricted fee lands may be located on

or off a federally recognized reservation.

The Census Bureau does not identify

restricted fee lands as a specific

geographic category.

State designated American Indian

statistical area (SDAISA)—A statistical

entity for state recognized American

Indian tribes that do not have a state

recognized land base (reservation).

SDAISAs are identified and delineated

for the Census Bureau by a designated

state official. SDAISAs generally

encompass a compact and contiguous

area that contains a concentration of

individuals who identify with a state

recognized American Indian tribe and in

which there is structured or organized

tribal activity.

Statistical entity—A specially defined

geographic entity for which the Census

Bureau tabulates data. Statistical entity

boundaries are not established by law

and their designation by the Census

Bureau, neither conveys nor confers

legal ownership, entitlement, or

jurisdictional authority. Examples are

metropolitan areas, urbanized areas,

census county divisions, census

designated places, census tracts, census

block groups, census blocks, tribal

designated statistical areas (TDSAs),

SDAISAs, and OTSAs—formerly called

tribal jurisdiction statistical areas

(TJSAs)—and ANVSAs.

Subreservation area—See ‘‘American

Indian tribal subdivision.’’

Surface estate—That portion of the

interest, ownership, or property in land

that resides on the earth’s surface, as

distinguished from the subsurface estate

(for example, mineral rights). The

Census Bureau collects the boundaries

of off-reservation trust lands where the

surface estate is held in trust; it does not

collect the boundaries where only the

subsurface estate is held in trust.

Tribal designated statistical area

(TDSA)—A statistical entity identified

and delineated for the Census Bureau by

a federally recognized American Indian

tribe that does not currently have a

legally established land base

(reservation and/or off-reservation trust

lands). A TDSA encompasses a compact

and contiguous area that contains a

concentration of individuals who

identify with a federally recognized

American Indian tribe and in which

there is structured or organized tribal

activity.

Tribal jurisdiction statistical area

(TJSA)—A statistical entity identified

and delineated for the 1990 census to

provide a geographic frame of reference

for the presentation of statistical data.

TJSA boundaries were required to

follow census block boundaries and

were based upon the boundaries of the

former reservations of federally

recognized tribes in Oklahoma. The

1990 census TJSAs essentially were

defined in the same manner as planned

for the OTSAs in Census 2000; the

descriptive designation is being changed

for 2000 to correct the impression that

these statistical entities conveyed or

conferred any jurisdictional authority.

Background

1970 Census and Earlier

The U.S. Census Bureau had no

program specifically designed to

recognize or tabulate data for AIANAs

in conjunction with the 1970 or any

earlier decennial census.

1980 Census

Although the U.S. Census Bureau did

present data from the 1970 census for

115 American Indian reservations, the

Census Bureau began to report data

systematically for American Indian and

Alaska Native areas (AIANAs) in

conjunction with the 1980 census, when

it identified and presented data for a

more complete inventory of American

Indian reservations. The Census Bureau

worked with the Bureau of Indian

Affairs (BIA) and state officials to

39066 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Notices

identify American Indian reservations

and to obtain accurate maps depicting

their boundaries, and with officials in

Alaska to determine locations for Alaska

Native Villages (ANVs). American

Indian off-reservation tribal trust lands

were identified for the first time as

geographic entities. To provide data for

tribes recognized by the federal

government in Oklahoma that no longer

had a reservation, the Census Bureau

identified a single geographic entity,

called the Historic Areas of Oklahoma,

that excluded the territory in Census

Bureau-defined urbanized areas. Tribes

also identified American Indian

subreservation areas as geographic

entities; these are internal units of selfgovernment or administration, such as

chapters, communities, and districts.

1990 Census

For the 1990 census, the U.S. Census

Bureau expanded and improved its

geographic identification of American

Indian reservations and off-reservation

trust lands, of selected areas within

ANVs, and increased the involvement of

American Indian and Alaska Native

officials in the geographic delineations.

The Census Bureau also consulted with

the Census Advisory Committee on the

American Indian and Alaska Native

populations. For those tribes identified

by the BIA as currently having a legally

established land base, defined as a

reservation or off-reservation trust

lands, the Census Bureau continued to

use boundaries certified by the BIA for

census purposes. The Census Bureau

did not provide data for subreservation

areas. It began to report data for

American Indian off-reservation

individual trust lands (in addition to the

off-reservation tribal trust lands) and for

Alaska Native Regional Corporations

(ANRCs). It developed Alaska Native

village statistical areas (ANVSAs) to

represent the settled portion of ANVs

because of the difficulty in obtaining

and representing meaningful boundaries

for the ANVs. It established a new

geographic entity called the tribal

designated statistical area (TDSA) to

identify lands associated with federally

and state recognized tribes that had no

current land base (a reservation and/or

off-reservation trust land). The Census

Bureau replaced the single-entity

Historic Areas of Oklahoma with the

several tribal jurisdiction statistical

areas (TJSAs). Because tribes in

Oklahoma have, for the most part,

continued to live on and conduct tribal

activities on the lands that were former

reservations, most TJSAs delineated for

the 1990 census had boundaries that

were very similar to the former

reservation boundaries. The criteria

established by the Census Bureau for the

1990 census included a statement that

TJSAs cannot include any reservation or

trust lands. In fact, most of the tribes in

Oklahoma do have trust lands, but

because the parcels are small and in

many cases scattered, the 1990 census

program allowed one or more tribes to

identify as a TJSA, a larger contiguous

area associated with the tribe(s),

generally that area constituting a former

reservation. The TJSAs defined for the

1990 census included territory within

Census Bureau-defined urbanized areas.

Census 2000

For Census 2000, the U.S. Census

Bureau continues to work with tribal

governments and federal and state

agencies, as well as the Census Advisory

Committee on the American Indian and

Alaska Native populations, to improve

its geographic identification of AIANAs.

For federally recognized tribes, the

Census Bureau offered programs to

collect updated boundaries directly

from the tribal governments using the

1990 census boundaries as a baseline. In

1997, it undertook the Tribal Review

Program to enable officials of all

federally recognized American Indian

tribes with a land base to review and

update the maps covering their lands for

Census 2000. This involved checking

the boundaries of reservations and/or

off-reservation trust lands that had been

provided to the Census Bureau for the

1990 census by the BIA; providing

suggestions for Census 2000 block

boundaries in the Block Definition

Project; and updating and correcting the

road and other base features shown in

the Census Bureau’s database. The

Tribal Review Program also gave tribes

in Oklahoma the opportunity to review

the delineation of their 1990 census

TJSAs.

Beginning in 1998, the U.S. Census

Bureau included federally recognized

American Indian tribes with a land base

in its annual Boundary and Annexation

Survey (BAS). The Census Bureau began

including ANRCs in the BAS in 1999.

All American Indian entities included

in the 2000 BAS also will be included

in the Census 2000 Boundary Validation

Program. This program will enable

governmental officials responsible for

legal entities to review the Census

Bureau’s depiction of the boundaries

they submitted and provide any

corrections needed to ensure those

boundaries are shown correctly as of

January 1, 2000 (the reference date of

the boundaries used for Census 2000

statistical data tabulation). The Census

2000 Boundary Validation Program is

scheduled to begin in May 2000 and

extend through July 2000. Also, to

support tribal requests for data by

administrative subdivisions, the Census

Bureau will offer tribal officials the

opportunity to delineate their chapters,

communities, or districts as American

Indian tribal subdivisions (similar to the

1980 census subreservation areas).

Also beginning in 1998, the Census

Bureau included federally recognized

tribes with a land base in its Local

Update of Census Addresses (LUCA)

program and the ensuing New

Construction Program. Although the

primary purpose of these programs was

to ensure the completeness of the

Census 2000 address list within each

jurisdiction, the LUCA program also

provided an additional opportunity for

tribal governments to add or correct

roads, road names, and to identify the

need for additional boundary

corrections.

In addition to offering the above

programs, the U.S. Census Bureau has

introduced a new geographic entity, the

State designated American Indian

statistical area (SDAISA); has made

some changes to the TDSA criteria; and

has changed the definition and criteria

for Oklahoma tribal statistical area

(OTSAs)—formerly TJSAs. See below

for details.

Criteria

A. Legal Entity Criteria for Census 2000

1. The U.S. Census Bureau will use

the following criteria for AIANAs that

are legal entities as of January 1, 2000.

a. Alaska Native Regional Corporations

(ANRCs)

ANRCs are corporate entities

organized to conduct both the business

and nonprofit affairs of Alaska Natives.

The ANRC boundaries were established

by the Department of the Interior

pursuant to the Alaska Native Claims

Settlement Act (ANCSA), and divide

Alaska (excluding the Annette Islands

Reserve) into 12 geographic regions,

with each region composed as far as

practicable of Natives who have a

common heritage and who share

common interests. (A thirteenth ANRC

represents Alaska Natives who do not

live in Alaska and do not identify with

any of the 12 corporations; the Census

Bureau does not provide data

tabulations for this ANRC.) As part of

the 1999 and 2000 BAS, representatives

of the 12 nonprofit ANRCs were offered

the opportunity to review and correct

the ANRC boundaries depicted by the

Census Bureau.

The U.S. Census Bureau will identify

the ANRCs with the names established

under the ANCSA and reviewed by the

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Notices 39067

ANRC officials during the 1999 and

2000 BAS.

b. American Indian Reservation—

Federal

An area that has been set aside by the

United States for use of the tribe, the

exterior boundaries of which are more

particularly defined in the final tribal

treaty, agreement, Executive Order,

federal statute, Secretarial Order, or

judicial determination. The Census

Bureau recognizes reservations as

territory over which American Indians

have primary governmental authority.

The reservation of a tribe recognized by

the federal government may be located

in more than one state. The Census

Bureau obtains verification of and

changes to the boundaries of federally

recognized American Indian

reservations and off-reservation trust

lands directly from the tribes through

the annual BAS. Acceptance of

boundary changes requires legal

documentation, such as a statute or

court order. This documentation is

required to support any and all changes

to the 1990 census boundary as certified

to the Census Bureau by the BIA in

preparation for the 1990 census, as well

as to confirm the absence of any

litigation involving these boundaries. If

there is a question about the 1990

census boundary, the Census Bureau

will consult with other responsible

federal agencies for resolution of the

matter.

The U.S. Census Bureau will identify

each American Indian reservation with

the name submitted and reviewed by

the tribal government during the BAS.

c. American Indian Reservation—State

Some state governments have

established reservations for tribes

recognized by the state. A governorappointed state liaison provides the

names and boundaries for state

recognized American Indian

reservations to the Census Bureau. State

reservation boundaries cannot cross

state lines.

The U.S. Census Bureau will identify

each state American Indian reservation

with the name submitted by the state

liaison providing the boundary for the

area. The state reservation name should

reflect the name cited in the legal land

records establishing the state recognized

reservation.

d. American Indian Off-Reservation

Trust Lands

American Indian trust lands are areas

for which the United States holds fee

title in trust for the benefit of a tribe

(tribal trust land) or for an individual

Indian (individual trust land). Trust

lands can be alienated or encumbered

only by the owner with the approval of

the Secretary of the Interior or his/her

authorized representative. Trust lands

always are associated with a specific

federally recognized reservation and/or

tribe, and may be located on or off a

reservation. The Census Bureau

recognizes and tabulates data separately

for reservations and for off-reservation

trust lands because the tribe has primary

governmental authority over these

lands. Primary tribal governmental

authority generally is not attached to

tribal lands located off the reservation

until the lands are placed in trust. The

Census Bureau does not identify or

compile data for other types of offreservation American Indian lands, such

as restricted fee land (land in fee simple

status). (The compilation of land

ownership information is not within the

mission of the Census Bureau.) The

Census Bureau collects the boundaries

of off-reservation trust lands only where

the surface estate is held in trust. It does

not collect the boundaries of parcels

and/or tracts of land for which only the

subsurface estate has been placed in

trust. The Census Bureau collects the

boundaries of American Indian offreservation trust lands through its

annual BAS. The tribes are required to

provide legal documentation to support

any and all legal boundary changes

since the BIA provided the boundaries

to the Census Bureau that reflected the

status as of January 1, 1990 for the 1990

census.

The U.S. Census Bureau will identify

the off-reservation trust lands with the

name submitted and reviewed by the

tribal government during the BAS. The

trust land name should correspond with

the name of the reservation with which

it is associated or, if there is no

associated reservation, then the name of

the tribe for which the land is held.

Individual trust lands also must use the

name of either a reservation or the

individual’s tribal government. The

Census Bureau will not depict the name

of any individual associated with offreservation individual trust lands.

e. American Indian Tribal Subdivisions

Some American Indian reservations

and/or off-reservation trust land areas

and some OTSAs have administrative

subdivisions variously designated as

areas, chapters, communities, districts,

and so forth. These entities are internal

units of tribal self-government or

administration that serve social,

cultural, and/or economic purposes for

the American Indians on the reservation

or OTSA. Federally recognized tribes

interested in data from Census 2000 for

such administrative entities will be

offered the opportunity to delineate

these subdivisions only on their land

base (reservation, off-reservation trust

lands, or OTSA). The Census Bureau

can report statistical data for only one

administrative level of subdivisions

within a reservation, off-reservation

trust lands, or OTSA. Tribes that have

multiple levels of administrative units

should submit the lowest level. If the

reservation, off-reservation trust lands,

or OTSA are discontiguous, the tribal

subdivisions may be discontiguous. The

Census Bureau will collect information

for American Indian tribal subdivisions

in the 2000 BAS and during OTSA

boundary review and will verify the

information via the Boundary

Validation Program and OTSA

verification.

The U.S. Census Bureau will identify

each tribal subdivision with the name

submitted by the tribal government

providing the boundary for the area. The

tribal subdivision’s name should reflect

the name legally cited as the name of

the subdivision or the name most

commonly used for administrative

purposes by the tribal government.

2. Changes in the Legal Entity Criteria

for Census 2000: Most provisions of the

legal entity AIANA criteria remain

unchanged from those used in

conjunction with the 1990 census, with

the few exceptions summarized below.

• The U.S. Census Bureau will

contact all federally recognized tribes

directly to obtain updates and

supporting documentation regarding

boundary information and names, in

addition to obtaining updated boundary

and name information from the BIA.

• American Indian tribal subdivisions

are new for Census 2000 in that the

Census Bureau did not identify or report

data for them in conjunction with the

1990 census. However, they are similar

in many respects to the American

Indian subreservation areas for which

the Census Bureau collected data in the

1980 census. One difference is that the

1980 census subreservation areas

sometimes included territory located

beyond the reservation and/or offreservation trust land boundaries,

whereas the tribal subdivisions for

Census 2000 will not extend beyond the

boundaries of reservations, offreservation trust lands, or OTSAs.

B. Statistical Entity Criteria for Census

2000

1. The U.S. Census Bureau will

recognize and tabulate data for the area

identified by a tribe or tribes, or by a

state liaison (for state recognized tribes),

solely for statistical purposes.

39068 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Notices

a. Statistical Entities Other Than

Oklahoma Tribal Statistical Area

(OTSAs)

With the exception of the OTSAs,

Census 2000 block boundary criteria

apply to all AIANAs that are statistical

entities. Census 2000 block boundaries

should follow visible, perennial, natural

and cultural features, such as roads,

rivers, canals, railroads, and aboveground, high-tension power lines. Other

features acceptable as census block

boundaries are the boundaries of:

• Counties and statistically

equivalent entities.

• County subdivisions.

• Incorporated places.

• Federally recognized American

Indian reservations and/or offreservation trust lands.

• OTSAs.

• State recognized American Indian

reservations.

• Military reservations.

• National parks.

When these features are not available

for selection, the Census Bureau, at its

discretion, may approve other

nonstandard visible features for use as

census block boundaries, such as ridge

lines, pipelines, intermittent streams,

and fence lines. Additionally, the

Census Bureau may accept as census

block boundaries, on a case-by-case

basis, the boundaries of selected

nonstandard and potentially nonvisible

features, such as the boundaries of local

and state parks and forests, cemeteries,

other special land use properties, and

the straight-line extensions of visible

features or other lines-of-sight.

b. Oklahoma Tribal Statistical Areas

(OTSAs)

To conform to the boundaries of the

former reservations in Oklahoma, OTSA

boundaries do not need to follow

Census 2000 block boundary criteria.

2. The U.S. Census Bureau will use

the following criteria for AIANAs that

are statistical entities for Census 2000.

a. Alaska Native Village Statistical Areas

(ANVSAs)

An ANVSA represents the

concentrated settlement of population

within an ANV established as part of the

ANCSA of 1972. ANVs have boundaries

that are not easy to locate and often

include vast areas of land used by

Alaska Natives for hunting and fishing.

ANVSAs are delineated or reviewed

and, if necessary, revised for the

purpose of presenting statistical data by

officials of the ANV or the ANRC in

which the ANV is located. An ANVSA

may not overlap the boundary of

another ANVSA or an American Indian

reservation or TDSA. The Census

Bureau will give preference to boundary

updates received from an ANV official

as long as the boundary meets the

boundary criteria outlined above.

The U.S. Census Bureau will identify

an ANVSA with the name submitted by

the village governing official submitting

the boundaries for the area. The ANVSA

name should reflect the name of the

village identified under ANCSA.

b. State Designated American Indian

Statistical Areas (SDAISAs)

The purpose of SDAISAs, a new

geographic statistical area established

for Census 2000, is to differentiate

between state recognized tribes without

a land base and tribes recognized by the

federal government without a land base.

(In 1990, all such tribes were identified

as TDSAs). The Census Bureau

contacted the governor of each state to

determine if that state has state

recognized tribes with no land base and

to designate a contact for helping the

Census Bureau define appropriate

geographic areas for these state

recognized tribes. There are no

minimum population size requirements,

but a SDAISA should encompass

compact and contiguous areas in which

a concentration of people who identify

with the tribe reside and in which there

is structured or organized tribal activity.

Examples of the latter include tribal

headquarters buildings or meeting areas,

cultural or religious areas of

significance, tribal service centers, and

tribally owned commercial areas. The

SDAISA is not intended to identify all

lands once claimed by a particular tribe.

A SDAISA may not be located in more

than one state, and it may not include

area within any reservation, offreservation trust lands, ANVSA, TDSA,

or OTSA. A state liaison identified by

the governor will delineate SDAISAs

consistent with these criteria.

The U.S. Census Bureau requires that

the liaison delineating a SDAISA

identify it using the following naming

criteria. The name of a SDAISA should

reflect one or more of the following: (1)

tribes that have significant American

Indian population currently residing

within the SDAISA; (2) tribes that have

historically resided within the SDAISA;

and/or (3) the name of tribes commonly

associated with the areas encompassed

by the SDAISA. The name should not

include the name of a tribe if that tribe

is specifically identified with another

legal or statistical entity.

The selection of a name reasonably

identifying a SDAISA is essential

because the U.S. Census Bureau’s

standard statistical tabulations for

SDAISAs will provide data only for the

total American Indian and Alaska

Native populations; data for selected

individual tribes within a SDAISA may

be available only in response to a

request for a special tabulation. For this

reason, the data provided as a result of

Census 2000 for all AIANA statistical

entities will be more meaningful if the

entity name provides insight as to

which tribes have residents living there

today. The Census Bureau will revise

the name submitted by the state contact

if it is determined that these criteria

were not applied properly.

c. Tribal Designated Statistical Areas

(TDSAs)

The purpose of TDSAs is to provide

data for American Indians recognized by

the federal government that do not have

a current or, in Oklahoma, a former,

legal land base. To be considered for a

TDSA, a tribe must be recognized by the

federal government. (State recognized

tribes can be considered for a SDAISA

as described above.) There are no

minimum population size requirements,

but a TDSA should encompass compact

and contiguous areas in which a

concentration of people who identify

with the tribe reside and in which there

is structured or organized tribal activity.

Examples of the latter include tribal

headquarters buildings or meeting areas,

cultural or religious areas of

significance, tribal service centers, and

tribally owned commercial areas. The

TDSA is not intended to identify all

lands once claimed by a particular tribe.

A TDSA may be located in more than

one state, but it may not cross the

boundaries of any reservation, offreservation trust lands, OTSA, ANVSA,

or SDAISA. A tribal official will

delineate a TDSA that is consistent with

these criteria.

The U.S. Census Bureau requires that

the tribal government(s) delineating a

TDSA identify it using the following

naming criteria. The name of a TDSA

should reflect one or more of the

following: (1) tribes that have significant

American Indian population currently

residing within the TDSA; (2) tribes that

have historically resided within the

TDSA; and/or (3) the name of tribes

commonly associated with the areas

encompassed by the TDSA. The name

should not include the name of a tribe

if that tribe is specifically identified

with another legal or statistical entity.

The selection of a name reasonably

identifying the TDSA is essential

because the U.S. Census Bureau’s

standard statistical tabulations for

TDSAs will provide data only for the

total American Indian and Alaska

Native populations; data for selected

individual tribes within a TDSA may be

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Notices 39069

available only in response to a request

for a special tabulation. For this reason,

the data provided as a result of Census

2000 for all AIANA statistical entities

will be more meaningful if the entity

name provides insight as to which tribes

have residents living there today. The

Census Bureau will revise the name

submitted by the tribal contact if it is

determined that these criteria were not

applied properly.

d. Oklahoma Tribal Statistical Areas

(OTSAs) (Formerly Tribal Jurisdiction

Statistical Areas (TJSAs))

The purpose of OTSAs is to provide

a geographic frame of reference for

tabulating statistical data for American

Indians recognized by the federal

government that had a former

reservation in the state of Oklahoma. To

participate in the U.S. Census Bureau’s

program for updating boundaries of an

OTSA, a tribal government must have

had a former reservation in Oklahoma

and be federally recognized. An OTSA

may not include land that is within the

boundary of any reservation or offreservation trust lands reported by the

Census Bureau. Although OTSAs are

statistical entities, the boundaries reflect

former legal reservation boundaries and,

therefore, are not required to conform to

a visible feature or other acceptable

feature criteria. Boundaries for OTSAs

will be those delineated for the 1990

census TJSA program, as updated by

eligible, participating tribes. Thus, the

boundaries of OTSAs will be those of

the former reservation according to the

treaty, Executive Orders or Secretarial

Orders on file as amended in the land

records held by the BIA, except where

modified by agreements with

neighboring tribes for statistical data

presentations. These boundary updates

must be submitted using a map rather

than by written description.

Federally recognized tribes that had a

former reservation in Oklahoma can

identify the former reservation as an

OTSA or, in the alternative, can submit

to the Census Bureau the boundaries for

their tribal and/or individual offreservation trust lands. A tribe must

choose to identify only one type of

American Indian geographic area for the

Census Bureau to use in reporting

statistical data. If a tribe chooses to

identify their trust lands, they will be

shown as separate autonomous legal

areas whether they are located within or

outside the boundary of an OTSA. As

requested by the delineating tribes, the

Census Bureau will allow the

delineation of a joint use area OTSA to

represent common or overlapping land

area but only if this designation is

agreed upon by the tribes that have the

former reservation. If the boundaries of

the suggested joint use area are

disputed, then the Census Bureau will

reflect only the boundaries of the former

reservation as the OTSA.

Federally recognized tribes that did

not have a former reservation in

Oklahoma, but that have tribal and/or

individual off-reservation trust lands,

can identify those trust lands for Census

2000. As noted above, if a tribe chooses

to identify their trust lands, they will be

shown as separate autonomous legal

areas whether they are located within or

outside the boundary of an OTSA.

Federally recognized tribes that have

neither a former reservation nor tribal

and/or individual off-reservation trust

lands in Oklahoma are eligible to

delineate TDSAs for Census 2000.

However, TDSAs cannot include

territory that is included within the

boundaries of any reservation, offreservation trust lands, or OTSA.

The U.S. Census Bureau requires that

the tribal government(s) delineating an

OTSA identify it using the following

naming criteria. The name of an OTSA

should reflect one or more of the

following: (1) Tribes that have

significant American Indian population

currently residing within the OTSA; (2)

tribes that have historically resided

within the OTSA; and/or (3) the name

of tribes commonly associated with the

areas encompassed by the OTSA. The

name should not include the name of a

tribe if that tribe is specifically

identified with another legal or

statistical entity.

The selection of a name reasonably

identifying the OTSA is essential

because the U.S. Census Bureau’s

standard statistical tabulations for

OTSAs will provide data only for the

total American Indian and Alaska

Native populations; data for selected

individual tribes within an OTSA may

be available only in response to a

request for a special tabulation. For this

reason, the data provided as a result of

Census 2000 for all AIANA statistical

entities will be more meaningful if the

entity name provides insight as to

which tribes have residents living there

today. The Census Bureau will revise

the name submitted by the tribal

official(s) if it is determined that these

criteria were not applied properly.

3. Changes in the Statistical Entity

Criteria for Census 2000: Most

provisions of the AIANA criteria for

statistical entities remain unchanged

from those used in conjunction with the

1990 census, with the exceptions

summarized below.

• The TDSAs for Census 2000 will

apply only to federally recognized

tribes. State recognized tribes without a

land base, including those that were

recognized as TDSAs in the 1990

census, will be identified as SDAISAs,

a new geographic entity.

• Alaska Native tribes and/or villages

not established as Alaska Native villages

under the Alaska Native Claims

Settlement Act of 1972 may be

delineated as TDSAs if they are

recognized by the federal government

and do not have a land base.

• For Census 2000, a TDSA may cross

a state boundary. For the 1990 census,

TDSAs had to be within state

boundaries.

• The U.S. Census Bureau has

changed the name and clarified the

definition of the geographic areas

delineated for the 1990 census in

Oklahoma that were called tribal

jurisdiction statistical areas (TJSAs). For

Census 2000, OTSAs are designed to

reflect the former reservations in

Oklahoma. Because they represent the

boundaries of former legal areas,

boundaries for OTSAs do not need to

meet the visible feature requirements for

census block boundaries. The term

OTSA replaces the term TJSA used for

the 1990 census.

• The U.S. Census Bureau has

clarified how each AIANA entity is

named for Census 2000.

Dated: June 16, 2000.

Kenneth Prewitt,

Director, Bureau of the Census.

[FR Doc. 00–15806 Filed 6–21–00; 8:45 am]

BILLING CODE 3510–07–P