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[Federal Register Volume 65, Number 121 (Thursday, June 22, 2000)]
[Notices]
[Pages 39062-39069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15806]

[[Page 39061]]

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Part V

Department of Commerce

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Bureau of the Census

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American Indian and Alaska Native Areas Geographic Program for Census 
2000; Notice

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

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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.

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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\,
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    \1\ The 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.
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    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 e-mail ([email protected]). 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 ([email protected]).

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.

[[Page 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 large-scale 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

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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 
governor-appointed 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 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. 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

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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

[[Page 39066]]

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 self-government 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

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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 governor-appointed 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 off-
reservation 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 off-reservation 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 off-
reservation 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 off-reservation trust land 
boundaries, whereas the tribal subdivisions for Census 2000 will not 
extend beyond the boundaries of reservations, off-reservation 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.

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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 above-ground, 
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 
off-reservation 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, off-
reservation 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, off-reservation 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

[[Page 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 off-
reservation 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 off-reservation 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, off-reservation 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
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