[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]


=======================================================================
-----------------------------------------------------------------------

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