[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 26892-26896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10369]


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DEPARTMENT OF COMMERCE

U.S. Census Bureau


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Boundary and Annexation Survey

AGENCY: Census Bureau, Commerce.

ACTION: Notice of information collection, request for comment.

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SUMMARY: The Department of Commerce, in accordance with the Paperwork 
Reduction Act (PRA) of

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1995, invites the general public and other Federal agencies to comment 
on proposed, and continuing information collections, which helps us 
assess the impact of our information collection requirements and 
minimize the public's reporting burden. The purpose of this notice is 
to allow for 60 days of public comment on the proposed revision of the 
Boundary and Annexation Survey, prior to the submission of the 
information collection request (ICR) to OMB for approval.

DATES: To ensure consideration, comments regarding this proposed 
information collection must be received on or before July 19, 2021.

ADDRESSES: Interested persons are invited to submit written comments by 
email to [email protected]. Please reference ``Boundary and 
Annexation Survey'' in the subject line of your comments. You may also 
submit comments, identified by Docket Number USBC-2021-0012, to the 
Federal e-Rulemaking Portal: http://www.regulations.gov. All comments 
received are part of the public record. No comments will be posted to 
http://www.regulations.gov for public viewing until after the comment 
period has closed. Comments will generally be posted without change. 
All Personally Identifiable Information (for example, name and address) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit Confidential Business Information or otherwise sensitive or 
protected information. You may submit attachments to electronic 
comments in Microsoft Word, Excel, or Adobe PDF file formats.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
specific questions related to collection activities should be directed 
to Michael Clements, Geography Division, Spatial Data Collection and 
Products Branch, at 301-763-9124 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    The U.S. Census Bureau conducts many voluntary geographic programs 
designed to collect addresses, boundaries, and linear features for 
incorporation into Master Address File and Topologically Integrated 
Geographic Encoding and Reference (MAF/TIGER) System. The Boundary and 
Annexation Survey (BAS) is one of these programs. It provides tribal, 
state, and local governments an opportunity to review the Census 
Bureau's legal boundary data to ensure the Census Bureau has the 
correct boundary, name, and status information. BAS also allows 
participants to review and provide updates to Census Designated Places 
(CDPs). BAS fulfills the agency's responsibility as part of the 
National Spatial Data Infrastructure, for which the Office of 
Management and Budget (OMB) Circular A-16 designates the Census Bureau 
as the lead federal agency for maintaining national data about legal 
government boundaries, as well as statistical and administrative 
boundaries. BAS supports the spatial data steward responsibilities of 
the OMB E-Gov, Data.gov, the National Map, and Geographic Names 
Information System.
    The Census Bureau uses the boundaries collected in BAS to tabulate 
data for various censuses and surveys including the decennial census, 
American Community Survey (ACS), and Population Estimates Program 
(PEP). It also uses the legal boundaries collected through BAS to 
support several other programs such as Congressional and State 
Legislative redistricting, the Economic Census, the Geographic Update 
Population Certification Program, and the Special Census program.
    Numerous federal programs also rely on accurate boundaries 
collected through BAS. The U.S. Geological Survey's National Map is 
updated annually to depict the legal boundaries provided by BAS. The 
Department of Housing and Urban Development uses legal boundaries to 
determine jurisdictional eligibility for various grant programs, such 
as the Community Development Block Grant program. In addition, the 
Department of Agriculture uses legal boundaries to determine 
eligibility for various rural housing and economic development 
programs.
    The BAS participation process is like the Census Bureau's other 
geographic programs with key differences in the participants, 
requirements, and timeframe of the program. BAS follows the process 
outlined below:
     The Census Bureau notifies all eligible tribal, state, and 
local governments that the program has started. BAS participants 
receive notification through email and mail.
     Tribal, state, and local governments are instructed to 
review the legal boundary, name, and status information, along with the 
contact information the Census Bureau has on file for their government. 
Eligible governments can review their boundaries using the Census 
Bureau's TIGERweb online Geographic Information System (GIS) viewer, 
partnership shapefiles, or PDF maps.
     Eligible governments respond if they have legal boundary, 
CDP, or contact updates to report through an online form, email, fax, 
or mail. Participants with boundary updates can choose to report 
updates using the Census Bureau's Geographic Update Partnership 
Software (GUPS), their own GIS, or on paper maps. Participants choose 
to receive the materials through download, by mail on CD/DVD, or on 
large format paper maps.
     Tribal, state, and local governments return updates to the 
Census Bureau. Paper map updates are returned through the mail, while 
updates created using GUPS or participant's own GIS are returned 
through the Census Bureau's Secure Web Incoming Module (SWIM) file 
transfer module.
     The Census Bureau processes and verifies all tribal, 
state, and local government boundary updates for accuracy and 
completeness. The updates are incorporated into the Census Bureau's 
database and quality control is performed.
     The Census Bureau uses the updated boundaries to tabulate 
data for various censuses and surveys, including the decennial census, 
ACS, and PEP.

Legal Information

    The Census Bureau reviews and maintains a list of each state's 
legal boundary laws and statutes. This information is made available to 
tribal, state, and local government participants on the BAS website. In 
addition, the Census Bureau uses this information to verify that 
updates provided by program participants are made in accordance with 
state law.
    If it comes to the Census Bureau's attention that an area of non-
tribal land is in dispute between two or more jurisdictions, the Census 
Bureau will not make annexations or boundary corrections until all 
affected parties come to a written agreement, or there is a documented 
final court decision regarding the matter and/or dispute.
    If there is a dispute over an area of tribal land, the Census 
Bureau will not make boundary updates until the participants provide 
supporting documents or the U.S. Department of the Interior issues a 
comment. If necessary, the Census Bureau will request clarification 
regarding current boundaries or supporting documentation, from the U.S. 
Department of the Interior, Office of the Solicitor.

BAS Universe

    BAS includes approximately 40,000 tribal, state, and local 
governments. Annually, the following government

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types are invited to participate in the program:
     Federally recognized tribes with a reservation or off-
reservation trust land (including tribal subdivisions).
     States.
     Counties and county equivalent governments.
     Incorporated Places (including Consolidated Cities).
     Minor Civil Divisions.
     A single respondent for the Hawaiian home land boundary 
and status information.
     A single respondent for the municipio, barrio, barrio-
pueblo, and subbarrio boundary and status information in Puerto Rico.
    The Census Bureau also established state and county-level 
partnership agreements where either the state or county responds on 
behalf of the local governments within its jurisdiction. Local 
governments within these agreements are notified of the BAS program, 
however, do not receive materials or provide boundary updates directly. 
Those governments are instructed to work with their state or county BAS 
contact to provide the updates to the Census Bureau.

II. Method of Collection

    The Census Bureau collects legal boundary, CDP, and contact updates 
through the BAS program. The BAS program also works with tribal, state, 
and local governments on other efforts to update and maintain the 
quality of the legal boundary data. The following collection methods 
allow the Census Bureau to coordinate among various levels of 
governments to obtain the most accurate legal boundary, CDP, and 
contact information:

 BAS
    [cir] Annual Response
    [cir] Submissions--Digital and Paper
    [cir] Non-Response Follow-Up
    [cir] State Agreements
    [cir] Consolidated BAS (CBAS) Agreements
 State Certification
 Boundary Quality

BAS

    The Census Bureau collects legal boundary, CDP, and contact updates 
from tribal, state, and local governments during BAS. Governments are 
first contacted during annual response where they are asked if they 
have legal boundary, CDP, or contact updates to report. Those 
indicating they have updates to provide can choose to create a 
submission using an approved response method. Those governments that do 
not respond to annual response or those governments that indicate they 
have updates to provide are followed up with during BAS non-response 
follow-up. The BAS schedule is outlined below.
     January 1--Boundary updates must be legally in effect on 
or before this date to be reported in the current survey year.
     January to May--Tribal, state, and local governments 
respond during annual response or non-response follow-up indicating if 
they have legal boundary, CDP, or contact updates to report. Those with 
boundary updates to report download or request materials to create a 
submission to return to the Census Bureau.
     Early January--The Census Bureau sends the annual response 
email. Tribal, state, and local governments are contacted through email 
to determine if they have legal boundary, CDP, or contact updates to 
report.
     Late January--The Census Bureau sends the annual response 
letter. Tribal, state, and local governments that do not have an email 
address on file with the Census Bureau or did not respond to the annual 
response email are contacted through mail to determine if they have 
legal boundary, CDP, or contact updates to report.
     Mid-February--The Census Bureau conducts BAS non-response 
follow-up through email. Governments that have not responded to annual 
response, along with those that indicated they have boundary changes to 
report, are contacted through email.
     March 1--Boundary updates returned by this date will be 
reflected in the ACS and PEP data and in next year's BAS materials.
     March to May--The Census Bureau conducts BAS non-response 
telephone follow-up. Governments that did not respond to the annual 
response email, letter, and non-response email are contacted over the 
phone to determine if they have any legal boundary, CDP, or contact 
updates to report.
     May 31--Boundary updates returned by this date will be 
reflected in next year's BAS materials.

BAS--Annual Response

    The Census Bureau first contacts tribal, state, and local 
governments during annual response. During this phase, the Census 
Bureau contacts all eligible governments through email and mail. The 
BAS annual response email includes program information and directs 
governments to respond through an online form if they have legal 
boundary, CDP, or contact updates to report. Only those governments 
that do not have an email address on file with the Census Bureau or did 
not respond to the annual response email are contacted through mail. 
The mailed package consists of a letter, one-page response form, and 
program flyer.
    Through annual response, participants are instructed to review the 
legal boundary, name, and status information, along the contact 
information that the Census Bureau has on file for their government. 
BAS participants are also able to review CDP boundaries. Eligible 
governments can review their boundaries using the Census Bureau's 
TIGERweb online GIS viewer, partnership shapefiles, or PDF maps.
    Participants respond if they have legal boundary, CDP, or contact 
updates to report through an online form, email, fax, or mail. Those 
indicating they have updates to provide can choose to create a 
submission using the Census Bureau's GUPS tool, their own GIS, or on 
paper maps. Participants can request to receive the materials to create 
their submission through download, by mail on CD/DVD or on large format 
paper maps.
    The Census Bureau uses email and encourages participants to use the 
online form to respond to annual response to reduce cost and 
participant burden.

BAS--Submissions

    Tribal, state, and local governments with boundary updates can 
choose to create a submission using either digital or paper response 
methods during annual response. The data provided to the partners, by 
the Census Bureau, are derived from its MAF/TIGER database. The 
boundary data reflects updates reported by partners through the prior 
year's BAS.

BAS--Digital Submission Methods

    The Census Bureau offers participants two digital submission 
methods. Governments with boundary updates can create a submission 
using the GUPS tool or their own GIS. When completing annual response, 
participants select one of the following options:
     CD/DVD. Participants can choose to receive GUPS and the 
partnership shapefiles through mail on CD/DVD.
     Download. Participants can choose to download GUPS and 
partnership shapefiles, or partnership shapefiles only to use in their 
own GIS. The Census Bureau also offers a partnership toolbox that can 
be used in the partner's own GIS.
    Those partners that elect to receive digital materials on CD/DVD 
will receive a package through the mail containing the following 
materials:

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     Letter.
     State specific inserts.
     Form specific to the government type.
    [cir] BAS-1--Incorporated places and consolidated cities.
    [cir] BAS-2--Counties and county equivalent governments.
    [cir] BAS-3--Minor civil divisions.
    [cir] BAS-5--Federally recognized tribal reservations and off-
reservation trust lands.
     CD or DVD containing GUPS tool.
     CD or DVD containing partnership shapefiles, respondent 
guides, and a readme text file.
    Governments that elect to download materials can find the software, 
partnership shapefiles, respondent guides, and other information 
included in the letter and form on the BAS website.
    Tribal, state, and local governments use GUPS or their own GIS to 
create a submission with legal boundaries updates, and optionally, 
CDPs, linear features and landmarks updates. Partners return these 
updates electronically using the Census Bureau's SWIM file transfer 
module. Governments selecting one of the digital response methods 
during annual response will receive SWIM access information through 
email.

BAS--Paper Submission Method

    The Census Bureau also provides partners a paper map option to 
create a submission with legal boundary, CDP, linear feature, and 
landmark updates. When completing annual response, partners select the 
following option:
     Paper maps. Participants can choose to receive large 
format paper maps through mail.
    Those partners that elect to receive paper maps will receive a 
package through the mail containing the following materials:
     Letter.
     State specific inserts.
     Form specific to the government type.
    [cir] BAS-1--Incorporated places and consolidated cities.
    [cir] BAS-2--Counties and county equivalent governments.
    [cir] BAS-3--Minor civil divisions.
    [cir] BAS-5--Federally recognized tribal reservations and off-
reservation trust lands.
     Large format paper maps covering the extent of the 
government.
     Supplies to update the paper maps.
     Respondent guide.
     Postage-paid return envelope.
    Tribal, state, and local governments use the provided supplies to 
annotate legal boundaries updates, and optionally, CDPs, linear 
features and landmarks updates on paper maps. Partners return these 
updates using the Census Bureau provided postage-paid return envelope.

BAS--Non-Response Follow-Up

    Tribal, state, and local governments that do not respond to annual 
response or those governments that indicate they have updates to 
provide are followed up with during BAS non-response follow-up. Non-
response follow-up is conducted through email and over the phone.
    Governments that have not responded to annual response, along with 
those that indicated they have boundary changes to report, are first 
contacted through email. The email reminds participants to respond 
through an online form if they have legal boundary, CDP, or contact 
updates to report. Those governments that indicated they have boundary 
updates to report are requested to submit those updates to the Census 
Bureau by the BAS program deadline.
    Partners that still have not responded are contacted by phone later 
in the program cycle. Governments are requested to provide a response 
over the phone on whether they have legal boundary, CDP, or contact 
updates to report. Again, those governments that indicated they have 
boundary updates to report are reminded to submit those updates to the 
Census Bureau by the program deadline.

State Agreements

    BAS state agreements allow for the coordination and sharing of 
information and resources between the Census Bureau and state 
governments in collecting boundary information for local governments. 
Through this agreement with state governments, the Census Bureau aims 
to reduce the duplication of effort across various levels of 
governments as well as the cost and time burden associated with 
participating in BAS. To facilitate a state agreement, the Census 
Bureau may enter a Memorandum of Understanding (MOU) with the state. 
States interested in establishing a state agreement MOU can do so when 
there is state legislation requiring local governments to report all 
legal boundary updates to a state agency.
    The Census Bureau currently maintains two types of state 
agreements. In the first type of agreement, the state reports boundary 
changes for all local governments within its jurisdiction during BAS. 
Local governments in this type of agreement are notified about BAS, 
however, do not receive materials to participate, and are instructed to 
report all boundary updates to the state so that they are reported to 
the Census Bureau. Under the second type of agreement, the state 
provides the Census Bureau with a list of local governments that 
reported boundary changes. The Census Bureau uses the list to target 
those local governments during BAS. States have the option to report 
the list of governments with known legal boundary changes to the Census 
Bureau.

Consolidated BAS (CBAS) Agreements

    The Census Bureau offers CBAS agreements to counties or county 
equivalent governments that are interested in submitting boundary 
updates for legal governments within their jurisdiction. CBAS 
agreements help ensure collection of complete and accurate boundary 
data, reduces duplication of effort between local and county 
governments and the Census Bureau, and reduces the cost and time burden 
on local governments. Once entered into a CBAS agreement, local 
governments are notified about BAS, however, do not receive materials 
to participate, and are instructed to report all boundary updates to 
the county or county equivalent government so that they are reported to 
the Census Bureau.

State Certification

    The state certification program provides an annual opportunity for 
state agencies to verify that the legal boundary, name, and status 
information received through BAS updates were reported in accordance 
with state law. The Census Bureau requests that each state governor 
designate a state certifying official (SCO) to participate in the 
program. The SCO reviews listings of legal boundary changes, as well as 
government names and statuses that were submitted through the previous 
year's BAS. These listings include the attribute information for new 
incorporations, dissolutions, mergers, consolidations, and legal 
boundary changes. The listings also include the names and functional 
statuses of all local governments within the state's jurisdiction. The 
SCO can request that the Census Bureau edit the attribute data, add 
missing records, or remove invalid records. Invalid records only are 
removed if the state government maintains an official record of all 
changes to legal boundaries and governments as mandated by state law. 
The state certification schedule is as follows:
     October--The Census Bureau sends out governor's letters 
requesting the state appoint an SCO to participate in the program.

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     December--The Census Bureau distributes the SCO emails. 
The SCO email contains information required by the SCO to participate 
in the program.
     March--The Census Bureau distributes discrepancy emails to 
local governments based on feedback from the SCO.
    The state certification materials include a governor's letter, an 
email to the SCO, respondent guide, legal boundary change and 
government name and status listings, and discrepancy email to local 
governments. The listings and respondent guide are provided on the BAS 
website. The SCO returns all updates electronically through the SWIM 
file transfer module.

Boundary Quality

    The Boundary Quality project is designed to assess, analyze, and 
improve the spatial quality of legal, statistical, and administrative 
boundaries within the Census Bureau's MAF/TIGER System. Ensuring 
quality boundaries is a critical component of the geographic 
preparations for each decennial census and the Census Bureau's ongoing 
geographic programs. In addition, the improvement of boundary quality 
is an essential element of the Census Bureau's commitment as the 
responsible agency for legal boundaries under OMB Circular A-16.
    The Boundary Quality project represents an effort to systematically 
target and assess boundary quality within the Census Bureau's MAF/TIGER 
System. Historically, it has relied exclusively on geographic programs 
such as BAS and the Participant Statistical Areas Program (PSAP) to 
obtain updates to tribal, state, local government, and CDP boundaries. 
While programs like BAS play an essential role in improving boundary 
quality, the goal of boundary quality activities is to establish a more 
accurate baseline for legal boundaries and CDPs within an entire state 
or county. BAS would build on this baseline by collecting individual 
legal boundary changes and optionally associated addresses, and CDP 
updates, on a transaction basis as they occur over the years.

III. Data

    OMB Control Number: 0607-0151.
    Form Number(s): BAS-1, BAS-2, BAS-3, BAS-5, BAS-ARF.
    Type of Review: Regular submission, Request for a Revision of a 
Currently Approved Collection.
    Affected Public: Tribal, state, and local governments in all fifty 
states and District of Columbia.
    Estimated Number of Respondents: 40,000 governments.
    Estimated Time per Response: 7.5 hours. This estimate is based on 
an average of 5 hours for a no change participant and 10 hours for a 
participant with changes.
    Estimated Total Annual Burden Hours: 300,000.
    Estimated Total Annual Cost to Public: $0. (This is not the cost of 
respondents' time, but the indirect costs respondents may incur for 
such things as purchases of specialized software or hardware needed to 
report, or expenditures for accounting or records maintenance services 
required specifically by the collection.)
    Respondent's Obligation: Voluntary.
    Legal Authority: Title 13, U.S.C., Section 6.

IV. Request for Comments

    We are soliciting public comments to permit the Department/Bureau 
to: (a) Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department, including whether 
the information will have practical utility; (b) Evaluate the accuracy 
of our estimate of the time and cost burden for this proposed 
collection, including the validity of the methodology and assumptions 
used; (c) Evaluate ways to enhance the quality, utility, and clarity of 
the information to be collected; and (d) Minimize the reporting burden 
on those who are to respond, including the use of automated collection 
techniques or other forms of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include, or summarize, each comment in our 
request to OMB to approve this ICR. Before including your address, 
phone number, email address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. While you may ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2021-10369 Filed 5-17-21; 8:45 am]
BILLING CODE 3510-07-P