[Federal Register Volume 64, Number 203 (Thursday, October 21, 1999)]
[Notices]
[Pages 56732-56737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27524]
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DEPARTMENT OF COMMERCE
Bureau of the Census
[Docket Number 990924263-9263-01]
American Indian and Alaska Native Areas (AIANA) Geographic
Program for Census 2000--Proposed Program
AGENCY: Bureau of the Census, Commerce.
ACTION: Notice of proposed program and request for public comments.
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SUMMARY: This notice includes the proposed program used to designate
American Indian and Alaska Native areas (AIANAs) in Census 2000 and
describes the changes from the criteria used for the 1990 census, as
well as a list of definitions of key terms used in the criteria, and
background information. This proposed program will apply to all AIANAs
in the United States. The Census Bureau will accept comments on this
notice for a period of 30 days after publication in the Federal
Register.
The Census Bureau uses the collective term AIANAs for Census 2000
to refer to:
Alaska Native Regional Corporations (ANRCs),
Alaska Native village (ANVs) statistical areas,
Federally recognized American Indian reservations,
American Indian tribal subdivisions,
American Indian off-reservation trust lands,
Tribal designated statistical areas (TDSAs),
Oklahoma tribal statistical areas (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 mis-
perception 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 includes both legally established geographic areas and
statistically created geographic areas (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 Population to identify and examine how the federal
government could provide improved data for this population. 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 this population, was to
identify the content and geographic areas for which 1980 census data
were needed to fulfill federal legislative and program 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 state governments.
To meet the diverse data requirements, as well as provide general-
purpose statistics, the Census Bureau had 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.
While aware of the use(s) of data by other federal agencies for
program purposes, the Census Bureau does not create geographic frames
of reference based on specific federal agency use(s) or need(s). The
challenge of developing geographic frames of reference that would
produce data for legal entities as well as significant statistical
areas 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 with reservations and/or
established land bases. While some
[[Page 56733]]
federally recognized and state-recognized tribes do not have
established land bases, they conduct identifiable tribal activity.
For tribal governments with reservations existing under law today
or off-reservation trust lands, the Census Bureau had to work out a
mechanism to obtain and maintain the most current, legally established
boundaries for census purposes. Because some tribes do not currently
have a legally established land base (reservation or off-reservation
trust lands) with clearly delineated boundaries and legally recognized
jurisdictions, the Census Bureau has had to develop a statistical
equivalent. In doing so, the Census Bureau had to focus on the overall
objective--producing statistics for a geographically defined area
having significance for the tribal governments and for federal and
state agencies funding and administering programs for the tribal
governments. With this as the objective, the Census Bureau has
developed the underlying premise that newly created geographic
statistical areas should reflect, to the extent reasonably possible,
the area in which there is an identifiable tribal activity and a
concentration of persons who identify with the particular tribe.
Admittedly, because of the lack of a clearly defined land base for some
recognized tribes and because persons who identify with other tribes
may be concentrated in the same areas, these criteria are of necessity
somewhat amorphous.
The effort to produce meaningful data for American Indian tribal
governments has been an evolutionary process that is best evidenced by
the steps taken by the Census Bureau in 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 will be followed by a description of the plans for
Census 2000.
DATE: Any comments, suggestions or recommendations concerning this
Census 2000 proposed program in this notice should be submitted in
writing by November 22, 1999.
ADDRESS: Address all written comments to the Director, Bureau of the
Census, Room 2049, Federal Building 3, Washington DC 20233-0001.
FOR FURTHER INFORMATION CONTACT: Robert Marx, Chief, Geography
Division, Bureau of the Census, Room 651, WP-1, Washington DC 20233-
7400, telephone (301) 457-2131, or e-mail (rmarx@geo.census.gov).
SUPPLEMENTARY INFORMATION: Pursuant to Title 13, United States Code,
Section 141(a), the Secretary of Commerce, as delegated to the Census
Bureau, undertakes every ten years the decennial census ``* * * in such
form and content as he may determine * * *,'' giving wide discretion to
the Census Bureau in undertaking the census. The Census Bureau depicts
AIANAs solely for purposes of presenting general-purpose statistical
data from the decennial census of population and housing. 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 because of overlapping boundaries, the Census
Bureau will encourage the respective tribal officials to reach a
mutually acceptable agreement. However, there may be instances where
the Census Bureau cannot depict the boundaries submitted because they
are in dispute. Representation of boundaries on Census Bureau maps and
in Census Bureau data bases are solely for the purpose of data
collection and data tabulation and do not convey any representation or
right as to land ownership or legal status.
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 Census Bureau's proposed program to
designate AIANAs in Census 2000. The program will be used by the Census
Bureau to tabulate and disseminate statistical data for AIANAs from the
decennial census, solely for statistical purposes.
Definitions of Key Terms
Alaska Native Claims Settlement Act (ANCSA)--Legislation (Pub. L.
92-203) enacted in 1972 establishing Alaska Native Regional
Corporations (ANRCs) and Alaska Native villages (ANVs) 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 Alaska Native Claims Settlement Act. Twelve
ANRCs are geographic entities that cover most of the State of Alaska. A
thirteenth ANRC represents Alaska Natives who do not live in Alaska and
do not identify with any of the 12 corporations. 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 Alaska Native Claims
Settlement Act of 1972 (Pub. L. 92-203). ANVs do not have boundaries
that are clearly delineated or locatable. The Census Bureau does not
define ANVs for the purposes of presenting census data. The Census
Bureau does present census data for ANV statistical areas that
represent the settled portion of the ANV.
Alaska Native village statistical area (ANVSA)--A statistical
entity that represents the densely settled portion of an ANV. ANVSAs
are delineated or reviewed by officials of the ANV or the ANRC in which
the ANV is located for the purpose of presenting census data.
American Indian reservation--An American Indian governmental entity
with legally defined boundaries established by treaty, statute, and/or
executive or court order. The federal government and some state
governments have established reservations as territory over which
American Indians have primary governmental jurisdiction. These entities
are designated as colonies, communities, pueblos, rancherias, ranches,
reservations, reserves, tribal towns, or villages. The Bureau of Indian
Affairs (BIA) maintains a list of federally recognized tribal
governments. States provide a list of state-recognized American Indian
reservations.
American Indian tribal subdivision--An administrative subdivision
of a federally recognized American Indian reservation, known as an
area, chapter, community, district, and so forth. 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 and/or off-reservation trust lands.
American Indian trust land--Land held in trust by the federal
government for either a tribe recognized by the federal government
(tribal trust land) or an individual member of that tribe (individual
trust land). Trust land can only be alienated or encumbered 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 the
reservation.
[[Page 56734]]
The Census Bureau recognizes and tabulates data separately only for
off-reservation trust lands, because primary tribal governmental
authority is generally not attached to tribal lands located off the
reservation unless those lands are placed into trust status. Trust land
always is 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 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 on the
legal actions that establish a boundary or impose boundary changes.
Bureau of Indian Affairs (BIA)--An agency of the federal
government, located in the Department of the Interior, responsible for
the historic and legal relationships between the federal government and
federally recognized American Indian tribal governments and
communities.
Fee land (or land in fee simple status)--Land owned in fee simple
(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--The area encompassing the former
American Indian reservations that had legally established boundaries
during the period 1900 through 1907 but were dissolved during the two-
to three-year period preceding the establishment of Oklahoma as a state
in 1907. 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
breakdown of the data by individual former reservations.
Joint use area--The term, as applied to any AIANA by the 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 census 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 state equivalents, counties and county equivalents, MCDs,
incorporated places, congressional districts, American Indian
reservations and off-reservation trust lands, ANRCs, ANVs, and American
Indian tribal subdivisions. The legal entities recognized for Census
2000 are those that exist on January 1, 2000. (The Census Bureau does
not recognize ANVs for the purpose of presenting census data. The
Census Bureau presents census data for ANV statistical areas which
represent the settled portion of the ANV.)
Oklahoma tribal statistical area (OTSA)--A statistical entity
identified and delineated for the Census Bureau in consultation with
federally recognized American Indian tribes in Oklahoma. (In 1990,
OTSAs were called TJSAs.) An OTSA encompasses an area that is generally
defined by the boundaries of a former reservation in Oklahoma and is
occupied today by individuals who identify with a tribe or tribes that
have historically held or resided upon the former reservation.
Restricted land--A type of American Indian land belonging to tribes
recognized by the federal government or individual members of those
tribes. The title to such land is held by the tribe or individual and
can only be alienated or encumbered by the owner with the approval of
the Secretary of the Interior or his/her authorized representative.
Restricted land may be located on or off a federally recognized
reservation. The Census Bureau does not identify restricted land 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 individuals who identify with a state-recognized American
Indian tribe and in which there is identifiable tribal activity.
Statistical entity--A specially defined geographic entity for which
the Census Bureau tabulates data. Statistical entity boundaries are not
legally defined, and the entities have no legal or governmental
standing. Examples are metropolitan areas, urbanized areas, census
county divisions, census-designated places, census tracts, census block
groups, census blocks, tribal designated statistical areas (TDSAs),
state-designated American Indian statistical areas (SDAISAs), Oklahoma
tribal statistical areas (OTSAs--formerly called tribal jurisdiction
statistical areas (TJSAs)), and Alaska Native village statistical areas
(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 land).
A TDSA encompasses a compact and contiguous area that contains
individuals who identify with the federally recognized American Indian
tribe and in which there is identifiable tribal activity.
Tribal jurisdiction statistical area (TJSA)--See ``Oklahoma tribal
statistical area'' (OTSA).
Background
1980 Census
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 published data for American Indian
reservations. The Census Bureau worked with the BIA and state officials
to identify American Indian reservations and to obtain accurate maps of
their boundaries, and with officials in Alaska to determine locations
for 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, an all-encompassing geographic entity called
the Historic Areas of Oklahoma was created. Also
[[Page 56735]]
identified as geographic entities were American Indian subreservation
areas, which are internal units of self-government or administration
such as chapters, communities, and districts. The Census Bureau also
sought input from American Indian tribal governments on the
identification of the geographic areas.
1990 Census
For 1990, the Census Bureau expanded and improved its geographic
identification of American Indian reservations and off-reservation
trust lands 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 only 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
Alaska Native villages (ANVs) because of the difficulty in obtaining
and representing boundaries for the ANVs. It established a new
geographic entity called the tribal designated statistical area (TDSA)
to identify federally and state-recognized tribes without a land base
(a reservation and/or off-reservation trust land) but with an area that
has been associated with the tribe. The Census Bureau replaced the all-
inclusive Historic Areas of Oklahoma with tribal jurisdiction
statistical areas (TJSAs). Because tribes in Oklahoma have, for the
most part, continued to live on and conduct tribal activities upon the
lands that were former reservations, most of the 1990 TJSAs delineated
by the tribes have boundaries that are very similar to the former
reservation boundaries. The 1990 criteria established by the Census
Bureau 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 program allowed tribes to identify as TJSAs a larger
contiguous area associated with their tribe, generally constituting a
former reservation.
Census 2000
For Census 2000, the Census Bureau continues to work with tribal
governments and federal and state agencies, as well as the Census
Advisory Committee on American Indian and Alaska Native Populations, to
improve its geographic identification of AIANAs. For federally
recognized tribes, instead of using updated boundaries obtained from
the BIA, the Census Bureau offers programs to collect updated
boundaries directly from the tribal governments. 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 used for Census 2000 for their jurisdictions. This involved
checking the boundaries of reservations and/or off-reservation trust
lands shown in the Census Bureau's geographic data base (Topologically
Integrated Geographic Encoding and Referencing System (TIGER)) as
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 on the census maps. The Tribal Review Program also gave tribes in
Oklahoma the opportunity to review the delineation of their OTSAs,
formerly TJSAs (generally defined by the boundaries of former
reservations).
Beginning in 1998, the Census Bureau made federally recognized
American Indian tribes with a land base part of its annual BAS. ANRCs
also were included in the 1999 BAS. All American Indian entities
included in the BAS will also be included in the Census 2000 Boundary
Validation Program. This program will enable governmental officials
responsible for legal entities to review and provide any corrections to
the January 1, 2000, boundaries (the boundaries used for census
statistical data tabulation). Boundary validation is scheduled to begin
April 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 subreservation areas).
In addition to offering the above programs, the Census Bureau has
introduced a new geographic entity, the SDAISA, and has made some
changes to the criteria for TDSAs and OTSAs (formerly TJSAs). See below
for details.
Criteria
A. Legal Entity Criteria for Census 2000
1. The Census Bureau will use the following criteria for AIANAs
that are legal entities for Census 2000.
a. Alaska Native Regional Corporations (ANRCs)
ANRCs are corporate entities organized to conduct both the business
and nonprofit affairs of Alaska Natives pursuant to the Alaska Native
Claims Settlement Act. Alaska is divided into 12 ANRCs that cover most
of the state. The ANRC boundaries have been established by the
Department of the Interior in cooperation with Alaska Natives. Each
ANRC is designed to include Alaska natives with a common heritage and
common interests. A thirteenth ANRC represents Alaska Natives who do
not live in Alaska and do not identify with any of the 12 corporations.
As part of the 1999 and 2000 BAS, representatives of the 12 nonprofit
ANRCs are offered the opportunity to review and update the ANRC
boundaries.
b. American Indian Reservations
The federal government and some state governments have established
American Indian reservations as territory over which American Indians
have primary governmental jurisdiction. Boundaries are established by
treaty, statute, and/or executive or court order. A reservation of a
tribe recognized by the federal government may be located in more than
one state, but state-recognized reservations must respect state
boundaries. The Census Bureau obtains changes to the boundaries of
federally recognized American Indian reservations and off-reservation
trust land directly from the tribes through the annual BAS. Acceptance
of boundary changes requires legal documentation, such as copies of the
deeds putting the land into trust, supporting any, and all, changes to
the 1990 census boundary as certified to the Census Bureau by the BIA,
as well as the absence of any litigation involving these boundaries.
Any changes to the inventory of reservations for federally recognized
tribes will be based upon BIA designation of the reservation. If there
is a question about the status of the 1990 boundary, the Census Bureau
will consult with other responsible federal agencies for resolution of
the matter. A designated state liaison will provide the Census Bureau
with the boundaries of state-recognized American Indian reservations.
[[Page 56736]]
c. American Indian Off-Reservation Trust Lands
American Indian trust lands are tracts and/or parcels of land held
in trust by the federal government for either a tribe recognized by the
federal government (tribal trust land) or an individual member of that
tribe (individual trust land). Trust land can only be alienated or
encumbered by the owner with the approval of the Secretary of the
Interior or his/her authorized representative. Trust land is always
associated with a specific federally recognized reservation and/or
tribe, and it may be located on or off a reservation. The Census
Bureau, however, recognizes and tabulates data separately only for off-
reservation trust lands because primary tribal governmental
jurisdiction is attached to lands within the legal boundaries of a
federally recognized reservation whether the lands are held in trust
status or not. Primary tribal governmental jurisdiction is generally
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 land,
such as restricted land and fee land (land in fee simple status). These
lands are owned by individuals and have an individual's name on the
title of the land. (The compilation of land ownership information by
individuals is not within the mission of the decennial census.) 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 of parcels and/or tracts of land where 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 for census
purposes as of January 1, 1990.
d. American Indian Tribal Subdivisions
Some American Indian reservations and/or off-reservation trust land
areas 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. Federally recognized tribes interested in data from
Census 2000 by such administrative entities will be offered the
opportunity to delineate these subdivisions only on their land base
(reservation and/or off-reservation trust land). The Census Bureau can
report only one administrative level of subdivisions within a
reservation and/or off-reservation trust land area. Tribes that have
multiple levels of administrative units should submit the lowest level.
If the reservation or off-reservation trust lands are discontinuous,
the tribal subdivisions will be discontinuous. The Census Bureau will
collect information for American Indian tribal subdivisions in the 2000
BAS.
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 Census Bureau will contact all federally recognized
tribes directly to obtain updates and supporting documentation on the
boundary information rather than obtaining updated boundary information
from the BIA.
American Indian tribal subdivisions are new for Census
2000 in the sense 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 of
1980. One difference is that the 1980 subreservation areas sometimes
included territory located beyond the reservation and/or off-
reservation trust land boundaries, whereas the tribal subdivisions for
Census 2000 must not extend beyond the boundaries of reservations or
off-reservation trust lands.
B. Statistical Entity Criteria for Census 2000
The Census Bureau will recognize and publish data for the area
identified by a tribe or tribes, or by a state liaison (for state-
recognized tribes) solely for census statistical purposes.
1. With the exception of the OTSAs, formerly TJSAs, census block
boundary criteria apply to all AIANAs that are statistical entities for
Census 2000. The Census Bureau will publish data for and recognize the
area identified by a tribe or tribes solely for census statistical
purposes.
Because they are statistical entities, the boundaries of ANVSAs,
SDAISAs, and TDSAs will be census block boundaries. Census 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.
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, such as ridge lines, pipelines, intermittent streams, fence
lines, and so forth. Additionally, the Census Bureau may accept, 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.
2. The 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 an ANV
established as part of the Alaska Native Claims Settlement Act of 1972.
ANVs usually have no definite legal boundaries and often include many
square miles of land used by Alaska Natives for hunting and fishing.
ANVSAs are delineated or reviewed by officials of the ANV or the ANRC
in which the ANV is located for the purpose of presenting census data.
An ANVSA may not overlap the boundary of another ANVSA or an American
Indian reservation or TDSA.
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.) There are no minimum population size
requirements, but a SDAISA should encompass compact and contiguous
areas in which a concentration of persons who identify with the tribe
reside and in which there is identifiable tribal activity. Examples of
the latter include: tribal headquarters buildings or meeting areas,
cultural or
[[Page 56737]]
religious areas of significance, tribal service centers, or 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 a
reservation, off-reservation trust land, ANVSA, TDSA, or OTSA. A state
liaison identified by the Governor will delineate SDAISAs.
c. Tribal Designated Statistical Areas (TDSAs)
The purpose of TDSAs is to provide data for tribes recognized by
the federal government outside the State of Oklahoma that do not have a
land base. To be considered for a TDSA, a tribe must be recognized by
the federal government. There are no minimum population size
requirements, but a TDSA should encompass compact and contiguous areas
in which a concentration of persons who identify with the tribe reside
and in which there is identifiable tribal activity. Examples of the
latter include: tribal headquarters buildings or meeting areas,
cultural or religious areas of significance, tribal service centers, or
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 land, ANVSA, SDAISA, or OTSA.
d. Oklahoma Tribal Statistical Areas (OTSAs), Formerly Tribal
Jurisdiction Statistical Areas (TJSAs)
The purpose of OTSAs is to provide data for tribes recognized by
the federal government in the State of Oklahoma that do not currently
have an existing reservation. The OTSA program was designed to give the
tribal governments in the State of Oklahoma an opportunity to delineate
an identifiable land area as tribal lands. There are no minimum
population size requirements, but an OTSA should encompass a compact
and contiguous area in which a concentration of persons who identify
with the tribe reside and in which there is identifiable tribal
activity. This area will be recognized as an OTSA. Because most tribes
in Oklahoma had or resided upon former reservations, and continue to do
so to this day, the boundaries of the OTSAs generally reflect the
boundaries of those former reservations.
In addition to changing the name because of confusion created by
use of the word ``jurisdiction,'' the Census Bureau has made one other
change to this program for Census 2000: an OTSA must contain territory
within Oklahoma, but it may extend into a state bordering Oklahoma. An
OTSA may not cross: the boundaries of any reservation; off-reservation
trust land belonging to the Osage Tribe, which is based in Oklahoma, or
any tribe not based in Oklahoma; or any SDAISA or TDSA. The boundaries
of an OTSA, since many reflect former legal reservation boundaries, are
not required to conform to a visible feature or other acceptable
feature required of other statistical tribal entities.
In determining its definition for Census 2000, the Census Bureau is
clarifying that an OTSA can include trust lands; however, a tribe must
choose to identify only one type of geographic area for use in the
reporting of census data. Therefore, a tribe that resides upon a land
area in Oklahoma (or in the immediately surrounding states) can
identify that area as an OTSA or can submit to the Census Bureau the
boundaries for their tribal and individual trust lands; a tribe cannot
identify both an OTSA and trust lands. Specified trust lands will not
be shown as included within an OTSA but will be separately identified
the same as for tribes in other states that do not have a reservation
but only trust lands.
Most of the 1990 TJSAs (now designated OTSAs) share a common
boundary to the north, south, east, and west with neighboring TJSAs.
For Census 2000, if a tribal government wishes to adjust a boundary
that is shared by more than one OTSA there must be agreement for the
adjustment from all tribal governments affected by the change. This is
also true for those OTSAs occupied by more than one tribe. All
boundary/occupancy adjustments must be acceptable to all the tribal
governments involved before the Census Bureau will make revisions. If
for any reason an acceptable resolution cannot be reached by the
tribes, the Census Bureau will designate the area under dispute as an
Oklahoma tribal statistical ``joint use area,'' implying an area of
shared occupation and/or tribal activity, and will hold to the
boundaries submitted during the 1990 census.
3. Designation of Names for American Indian and Alaska Native area
(AIANA) Statistical Entities for Census 2000
The Census Bureau will identify the American Indian and Alaska
Native statistical areas with a name generally following the suggestion
of the tribe(s) proposing the statistical area. Where a tribe(s) cannot
agree on a name for the statistical entity, the Census Bureau will
designate a name that has been historically used, or commonly known for
the area encompassed by the AIANA statistical area; or if such cannot
be determined, the Census Bureau will establish a name comprised of the
name(s) of the tribe(s) with a substantial number of individuals who
identify with the tribe(s) in the area, in the order of population size
from the preceding census for the area.
4. 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 few 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 TDSAs in 1990, 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 provided that they are recognized by
the federal government and do not have a land base.
For Census 2000, a TDSA may cross a state boundary. In
1990, TDSAs had to respect state boundaries.
The OTSAs, formerly TJSAs, for Census 2000 may cross the
boundaries of Oklahoma and include territory in a neighboring state. In
1990, they had not been allowed to extend beyond Oklahoma. In addition,
boundaries for OTSAs do not have to meet the visible feature
requirements for census block boundaries.
The Census Bureau has clarified how AIANA statistical
entities will be named.
Dated: October 8, 1999.
Kenneth Prewitt,
Director, Bureau of the Census.
[FR Doc. 99-27524 Filed 10-20-99; 8:45 am]
BILLING CODE 3510-07-P
