American Indian and Alaska Native Areas (AIANA) Geographic Program for Census 2000Proposed Program

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.

-----------------------------------------------------------------------

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

---------------------------------------------------------------------------

\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.

---------------------------------------------------------------------------

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 ([email protected]).

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