[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Notices]
[Pages 17303-17314]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6665]


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DEPARTMENT OF COMMERCE

Bureau of the Census

[Docket Number 070619208-7209-01]


American Indian Areas (AIAs) for the 2010 Census--Proposed 
Criteria and Guidelines

AGENCY: Bureau of the Census, Commerce.

ACTION: Notice of proposed program revisions and request for comments.

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SUMMARY: The Bureau of the Census (Census Bureau) defines American 
Indian areas (AIAs) as the geographic entities within the United States 
that are specifically defined for the collection, tabulation, and 
presentation of decennial census data for federally and/or state-
recognized American Indian tribes. The AIAs will be used to collect, 
tabulate, and present data for the 2010 Census, period estimates from 
the American Community Survey (ACS) after 2010, and potentially other 
Census Bureau statistical data. More specifically, for the 2010 Census, 
AIAs consist of the following types of geographic entities:
     American Indian reservations (AIRs).
     Off-reservation trust lands (ORTLs).
     Oklahoma tribal statistical areas (OTSAs).
     Tribal designated statistical areas (TDSAs).
     State designated tribal statistical areas (SDTSAs).
     Tribal census tracts (tribal tracts).
     Tribal block groups.
     Tribal subdivisions on AIRs, ORTLs, and OTSAs.
     Census designated places (CDPs) on AIRs, ORTLs, and OTSAs.
    The geographic entities listed above include both legal and 
statistical geographic entities (see ``Definitions of Key Terms'' 
section). The Census Bureau is not proposing any new types of AIAs for 
the 2010 Census. The Census Bureau is specifically seeking comments on 
the following proposed changes for the 2010 Census, but will consider 
all submitted comments:
     Change the term ``State Designated American Indian 
Statistical Areas'' (SDAISAs) to ``State Designated Tribal Statistical 
Areas'' or SDTSAs.
     Clarify the definition and purpose of OTSAs. In addition, 
because all former AIRs in Oklahoma were delineated as OTSAs for Census 
2000, the Census Bureau proposes that no new OTSAs may be delineated 
for the 2010 Census, and to the extent possible, OTSA boundaries for 
the 2010 Census should be consistent with those defined for Census 
2000. The Census Bureau also seeks to avoid defining joint use area 
OTSAs for the 2010 Census.
     Clarify the definition, purpose, and the criteria and 
guidelines for TDSAs and SDTSAs.
     Identify tribal census tracts and tribal block groups as 
separate statistical geographic entities distinct from ``standard'' 
county-based census tracts and block groups.
    The Census Bureau will provide responses to comments received as 
part of the publication of the final criteria in the Federal Register 
at a future date.
    The Census Bureau has three geographic partnership programs through 
which it collects updates to the inventory, boundaries, and attributes 
of AIAs for the 2010 Census: The annual Boundary and Annexation Survey 
(BAS), the State Reservation Program, and the Tribal Statistical Areas 
Program (TSAP). Both the BAS and the State Reservation Program provide 
the process for reviewing and updating those AIAs that are legal 
geographic entities: AIRs and ORTLs under the governmental authority of 
federally recognized American Indian tribes, tribal subdivisions within 
these federally recognized AIRs and ORTLs, and AIRs for state-
recognized American Indian tribes. The TSAP provides the process for 
reviewing and updating those AIAs that are statistical geographic 
entities: OTSAs, tribal subdivisions within OTSAs, TDSAs, SDTSAs, 
tribal census tracts, tribal block groups, and CDPs. Each of these 
programs is discussed in more detail within the SUPPLEMENTARY 
INFORMATION section of this Federal Register notice.
    For information regarding similar programs for Alaska Native Areas 
(ANAs), please refer to the Federal Register notice titled ``Alaska 
Native Areas (ANAs) for the 2010 Census--Proposed Criteria and 
Guidelines'' (73 FR 14203; March 17, 2008).

DATES: Written comments must be submitted on or before June 30, 2008.

ADDRESSES: Please direct all written comments on this proposed program 
to the Director, U.S. Census Bureau, Room 8H001, Mail Stop 0100, 
Washington, DC 20233-0001.

FOR FURTHER INFORMATION CONTACT: Requests for additional information on

[[Page 17304]]

these proposed program criteria should be directed to Mr. Michael 
Ratcliffe, Chief, Geographic Standards and Criteria Branch, Geography 
Division, U.S. Census Bureau, via e-mail at geo.tsap.list@census.gov, 
or telephone at 301-763-3056.

SUPPLEMENTARY INFORMATION: Pursuant to Title 13 of the United States 
Code (U.S.C.), Section 141(a), the Secretary of Commerce, as delegated 
to the Census Bureau, undertakes the decennial census every ten years 
``in such form and content as he may determine.'' This language gives 
wide discretion to the Census Bureau in taking the census.
    The Census Bureau portrays the boundaries of both legal and 
statistical geographic entities for the purpose of collecting, 
tabulating, and presenting meaningful, relevant, and reliable 
statistical data from the decennial census, the ACS, and potentially 
other censuses and surveys. The Census Bureau attempts to develop 
objective criteria to establish geographic entities that meet this 
purpose.
    Although the Census Bureau is committed to delineating geographic 
entity boundaries in partnership with tribal, state, and local 
officials using criteria developed through an open process, it is the 
responsibility of the Census Bureau to ensure that geographic entity 
criteria can achieve the goal of providing meaningful, relevant, and 
reliable statistical data, and that the final criteria for geographic 
entities are met. While aware that there are secondary uses of 
geographic entities and the data tabulated for them, the Census Bureau 
will not modify geographic entity boundaries or attributes specifically 
to meet these secondary uses, including any attempt to meet the 
specific program requirements of other government agencies. If a change 
is made to a geographic entity to meet one specific purpose, there may 
be detrimental effects for other programs that use the same geographic 
entities. The Census Bureau also makes no attempt to specifically link 
the establishment of statistical geographic entities to federal, 
tribal, or state laws.
    The development of the AIAs has been an evolutionary process. The 
variety of legal, cultural, and social contexts in which American 
Indian tribes reside creates challenges to the development of 
geographic entities for nationwide implementation. There are both 
federally recognized and state-recognized tribes, and each has a 
particular history and legal context affecting identification of 
geographic entities and boundaries. Some tribes have legally 
established AIRs and/or ORTLs. Others do not have geographic entities 
that are currently recognized under federal and/or state law, but do 
reside and conduct tribal activities within a clearly defined, compact 
geographic area.

I. History of American Indian Areas in the Decennial Census

    The first constitutionally mandated population census in the United 
States was conducted in 1790. During the period 1790 through 1850, 
American Indians were enumerated during the decennial censuses only if 
living among the general population. It was not until 1860 that 
American Indians living on tribal lands in the western half of the 
United States were enumerated as a unique population group, but 
tabulations were not made available for tribal territories or 
geographic entities. An effort was made for the 1880 Census to 
enumerate and present data for American Indians living on specific, 
federally recognized AIRs, but this effort was not completed, and data 
were available only for tribes in the state of California as well as 
parts of Dakota Territory and Washington Territory. The 1890 Census was 
the first in which American Indian data were collected and presented 
for individual AIRs, including the now-former AIRs in Indian Territory 
(now part of Oklahoma); this practice continued through the 1910 
Census. American Indian geographic entities were not recognized for the 
1920 through 1960 Censuses; thus, while American Indians were 
identified and enumerated, data were not available for the AIRs in 
which many lived. This decision was reversed with the 1970 Census for 
which the Census Bureau presented data for 115 AIRs. Still, there was 
no systematic program for the collection and reporting of all AIR 
boundaries.
    The Census Bureau began to report data systematically for a variety 
of AIAs starting with the 1980 Census, when it identified and presented 
data for a more complete inventory of AIRs. The Census Bureau worked 
with the Bureau of Indian Affairs (BIA) within the U.S. Department of 
the Interior (DOI) to identify boundaries for AIRs for federally 
recognized tribes, and with state government officials to identify 
boundaries for AIRs for state-recognized tribes, by obtaining maps 
depicting their legally established boundaries. Tribal ORTLs and 
American Indian sub-reservation areas (the latter now called tribal 
subdivisions) were both identified for the first time as geographic 
entities for the decennial census. To provide data for federally 
recognized tribes in Oklahoma that formerly had AIRs, the Census Bureau 
identified a single geographic entity called the Historic Areas of 
Oklahoma.
    The American Indian geographic programs implemented for the 1980 
Census were continued with some improvements and additions for the 1990 
Census. The Census Bureau began collecting boundaries and reporting 
data for individual ORTLs (i.e., allotments) in addition to tribal 
ORTLs, as long as the lands were under a tribe or tribes' governmental 
authority, or were clearly identified with a particular tribe or tribal 
government. The Census Bureau replaced the single entity Historic Areas 
of Oklahoma with tribal jurisdiction statistical areas (TJSAs--now 
called OTSAs--whose boundaries were intended to correspond with those 
of the individual former AIRs in Oklahoma. In addition, as part of the 
continuing effort to improve the presentation of data for American 
Indians, the Census Bureau adopted the TDSA concept to identify lands 
associated with federally or state-recognized tribes that did not have 
an AIR or ORTL. American Indian sub-reservation areas (now called 
tribal subdivisions) were not defined for the 1990 Census. The Census 
Bureau also offered tribal officials the opportunity to provide 
suggestions for 1990 Census tabulation block boundaries through the 
Block Definition Project as an extension of the Redistricting Data 
Program.
    In preparation for Census 2000, the Census Bureau continued to work 
with tribal governments and federal and state agencies, as well as the 
Census Race and Ethnic Advisory Committee (REAC) of the American Indian 
and Alaska Native (AIAN) populations (referred to hereafter as AIAN 
REAC), to improve the identification of AIAs. For federally recognized 
tribes, the Census Bureau offered programs to collect updated AIR and 
ORTL boundaries directly from the tribal governments using the 1990 
Census boundaries as a baseline. The Tribal Review Program, implemented 
for 1997, enabled officials of all federally recognized American Indian 
tribes with an AIR or ORTL to review and update the Census Bureau's 
maps of their lands. This involved reviewing the boundaries of the AIRs 
and ORTL, both tribal and individual, that had been provided to the 
Census Bureau for the 1990 Census by the BIA; updating and correcting 
the roads and other geographic features shown on the Census Bureau's 
maps; and providing suggestions for Census 2000 block boundaries in the 
Block Definition Project. The Tribal Review Program also gave tribes in 
Oklahoma the opportunity

[[Page 17305]]

to review the delineation of their 1990 Census TJSAs. Census 2000 was 
the first decennial census for which census tracts were defined 
throughout the United States. American Indian tribes benefited from 
this change as the Census Bureau allowed tribal governments of 
federally recognized American Indian tribes with an AIR or ORTL to 
delineate census tracts without regard to state or county boundaries, 
provided the AIR/ORTL had a 1990 Census population of at least 1,000.
    Beginning in 1998, the Census Bureau included federally recognized 
American Indian tribes with an AIR and/or ORTL in its annual BAS. All 
AIRs and ORTLs included in the 2000 BAS were also included in the 
Census 2000 Boundary Validation Program (BVP). The BVP offered a final 
opportunity for tribal leaders to review the Census Bureau's depiction 
of their AIR/ORTL boundaries prior to Census 2000 and provide any 
corrections to ensure those boundaries were shown correctly as of 
January 1, 2000 (the reference date of the boundaries used for Census 
2000 data tabulations). To support tribal requests for data by 
administrative subdivisions, the Census Bureau again offered tribal 
officials the opportunity to delineate American Indian tribal 
subdivisions (similar to the 1980 Census sub-reservation areas).
    For Census 2000, on the recommendation of the AIAN REAC, the Census 
Bureau adopted the state-designated American Indian statistical area 
(SDAISA) to represent geographic areas for state-designated tribes that 
lacked AIRs and ORTLs, and thus distinguishing these areas from TDSAs, 
which continued to represent geographic areas associated with federally 
recognized tribes that lacked AIRs and ORTLs. The designation TJSA was 
changed to OTSA to more accurately reflect that these entities were 
defined solely to present statistical information, and did not 
represent areas in which legal jurisdiction was conferred or inferred 
by the federal government.
    The 2010 Census provides an opportunity to further enhance the 
Census Bureau's ability to provide meaningful, statistically relevant 
data about federal and state-recognized tribes. Two statistical 
entities, tribal census tracts and tribal block groups, will be 
redefined to provide federally recognized tribes with AIRs greater 
control and flexibility in delineating such areas. New proposed 
criteria and guidelines for TDSAs and SDTSAs (formerly known as 
SDAISAs) will allow tribes without an AIR and/or ORTL to more 
effectively gather the crucial data necessary to compute and analyze 
important information about their populations. SDAISAs have been 
renamed to SDTSAs to create a more consistent naming convention for 
Census Bureau tribal entities. SDTSAs, TDSAs, OTSAs, tribal 
subdivisions defined within OTSAs, tribal block groups, and tribal 
census tracts are referred to collectively as ``tribal statistical 
areas'' as they are not legally defined geographic entities. These 
entities are included in the new TSAP, a more inclusive term to refer 
to the delineation process for all the tribal statistical areas for the 
decennial census. This program facilitates the definition and 
delineation of tribal statistical areas, and enhances the ability of 
tribes to acquire meaningful data about their tribal members.

II. Federal and State Recognition of American Indian Tribes

    For an American Indian tribe to delineate an AIA for the 2010 
Census, it first must be either federally recognized or state-
recognized. Federal recognition of an American Indian tribe for the 
purpose of these proposed criteria and guidelines specifically means 
that the tribe is recognized by and eligible to receive services from 
the BIA.
    BIA recognition is determined by inclusion of a tribe on the BIA's 
list of recognized tribes\1\ or by addenda to the list as published by 
the BIA. The list of eligible American Indian tribes will change if new 
tribes are recognized by the BIA on or before January 1, 2010.
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    \1\ Published regularly in the Federal Register pursuant to the 
Federally Recognized Indian Tribe Act of 1994 (Pub. L. 103-454; 25 
U.S.C. 479a-1). Last published in the Federal Register on Thursday, 
March 22, 2007 (72 FR 13648-13652).
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    Whereas, there is a single source for determining which American 
Indian tribes are federally recognized, state recognition of a tribe is 
not always clear. Prior to the decennial census and before implementing 
either the State Reservation Program or TSAP, the Census Bureau sends a 
letter to the governor of each state requesting a list of any state-
recognized tribes that are not also federally recognized, and 
requesting appointment of a liaison to work with the state-recognized 
tribes and the Census Bureau on these geographic programs. State 
recognition of a tribe is determined by each respective state 
government, and conveyed to the Census Bureau by the governor's 
appointed liaison. The Census Bureau will work with the state liaison 
to ascertain a tribe's status if contacted directly by a tribe claiming 
state recognition, but not included on the state's list of recognized 
tribes. The Census Bureau will provide a list of state-recognized 
tribes within each state based on information obtained from each 
state's liaison. The list of eligible state-recognized tribes for each 
individual state will change if new tribes are recognized and reported 
to the Census Bureau by that state's liaison on or before January 1, 
2010.

III. American Indian Areas for the 2010 Census--Geographic Programs and 
Legal Geographic Entities

    The Census Bureau collects, tabulates, and presents statistical 
data for four types of AIAs with current legally established 
boundaries: AIRs for federally recognized American Indian tribes 
(federal AIRs); ORTLs for federally recognized American Indian tribes; 
tribal subdivisions on federal AIRs and ORTLs; and AIRs for state-
recognized American Indian tribes (state AIRs). The annual Boundary and 
Annexation Survey (BAS) is the Census Bureau's mechanism for collecting 
updates to the boundaries of federal AIRs and ORTLs, and the inventory 
and boundaries of tribal subdivisions. More details on the BAS can be 
found in section III.A below. The State Reservation Program is the 
mechanism through which the Census Bureau collects updates to the 
inventory and boundaries of state AIRs. State AIRs may not include 
territory within federal AIRs or ORTLs.
    The Census Bureau will tabulate 2010 Census data for all AIRs, 
ORTLs, and tribal subdivisions that exist as of January 1, 2010, with 
boundaries as of that date. After the 2010 Census, the Census Bureau 
will continue to update the inventory and boundaries of federal AIRs, 
ORTLs, and their tribal subdivisions on an annual basis through the BAS 
to support collection, tabulation, and presentation of data from the 
ACS and potentially other Census Bureau censuses and surveys. State 
AIRs currently are updated only once prior to each decennial census.

A. Boundary and Annexation Survey (BAS)

    The BAS is an annual Census Bureau survey of legal geographic 
entities that includes federal AIRs, ORTLs, and any associated tribal 
subdivisions. Its purpose is to determine, solely for data collection 
and tabulation by the Census Bureau, the complete and current inventory 
and the correct names, legal descriptions, official status, and 
official, legal boundaries of the legal geographic entities with 
governmental authority over certain areas within the United States, as 
of January 1 of the survey

[[Page 17306]]

year. The BAS also collects specific information to document the legal 
actions that established a boundary or imposed a boundary change. In 
support of the government-to-government relationship with federally 
recognized American Indian tribes, the Census Bureau works directly 
with tribal officials. All issues that relate to treaty interpretation 
or legal actions that are disputed by an adjacent or enclosed 
governmental unit as part of the BAS, are referred to the DOI Office of 
the Solicitor and/or the BIA for an official opinion. Through the BAS, 
the Census Bureau also accepts updates to features such as roads or 
rivers, and address range break information at the boundaries.
    For more information about the BAS, see the Census Bureau's Web 
site at http://www.census.gov/geo/www/bas/bashome.html. The BAS User's 
Guide for federally recognized tribes is available at http://
www.census.gov/geo/www/bas/bas07/bas07_trib_ug.pdf.
    Federal AIRs, ORTLs, and tribal subdivisions within them may be 
delineated without regard to state boundaries.
Federal American Indian Reservations
    AIRs represent geographic areas governed and administered by an 
American Indian tribe or tribes and held as sovereign tribal territory 
over which the tribe or tribes have governmental authority. Federal 
AIRs and their legal boundaries are established through final tribal 
treaty, agreement, Executive Order, federal statute (including 25 
U.S.C. 467), Secretarial Order, or through judicial determination. AIR 
status of land does not necessarily correspond to ownership or 
occupancy by American Indians; land does not have to be held in trust 
before it may be declared as an AIR, or land may lose trust status but 
still retain AIR status. The Census Bureau solicits changes to the 
boundaries of federal AIRs directly from the tribes through the annual 
BAS. Acceptance of boundary changes requires clear legal documentation 
supporting any, and all, changes, as well as the absence of any 
unresolved litigation involving these boundaries. Any changes to 
federal AIR boundaries that are not clearly documented require 
interpretation of documentation, or are based on legal documentation 
from before 1990, are referred to the BIA for an official opinion. Any 
changes to the inventory of federal AIRs also require clear, supporting 
legal documentation. Corrections to the name of each federal AIR are 
also solicited from each tribal government through the BAS.
Off-Reservation Trust Lands
    Unlike AIR status, the trust status of land directly corresponds to 
American Indian ownership, and to date only applies to federally 
recognized tribes. American Indian trust lands are parcels of land for 
which the United States holds the title in trust for the benefit of a 
tribe or specific group of tribes (tribal trust land) or for an 
individual tribal member or family (individual trust land). A tribe 
extends its primary governmental authority over a parcel of land when 
it is placed in trust for that tribe or an individual member of that 
tribe. Land is taken into trust pursuant to a specific federal law, 
usually 25 U.S.C. 465, and/or 25 Code of Federal Regulations, Part 151. 
Individual trust land, also known outside the Census Bureau as 
allotments, must clearly be associated with one specific AIR and/or 
currently federally recognized tribe for the Census Bureau to 
specifically identify it and tabulate data for it.
    Trust lands always are associated with a specific federally 
recognized tribe and usually with a particular AIR, and may be located 
on or off an AIR. The Census Bureau tabulates data separately for AIRs 
and for ORTLs because the tribe has governmental authority over these 
lands. Tribal governmental authority generally is not attached to lands 
located off an AIR until the lands are placed in trust. All on-
reservation trust land is included within the larger geographic entity 
of the AIR, and the Census Bureau does not specifically tabulate data 
for on-reservation trust land. For the Census Bureau to map or 
specifically tabulate data for ORTLs, the Census Bureau requires either 
a copy of the deed clearly placing the land in trust with the federal 
government for a tribe or individual American Indian, or recent 
documentation from BIA or DOI indicating that the land is held in 
trust. The Census Bureau does not identify or tabulate data 
specifically for any other types of American Indian owned lands located 
on or off of an AIR, including restricted fee land or fee simple land. 
The specific compilation of land ownership information is not within 
the mission of the Census Bureau. The Census Bureau collects the 
boundaries of ORTLs only where the surface estate is held in trust, and 
does not collect the boundaries of parcels of land for which only the 
subsurface estate has been placed in trust. The Census Bureau does not 
collect the boundaries for or specifically tabulate data for trust land 
for tribes without an AIR in either Alaska or Oklahoma, or for the 
tribes without an AIR that are based in those states.
    The ORTL name used for Census Bureau products will correspond with 
the name of the AIR with which it is associated or, if there is no 
associated AIR, with the name of the tribe for which the land is held 
in trust. Individual ORTLs will also use the name of either the 
associated AIR or the individual member's federally recognized tribe. 
The Census Bureau will not depict the name of any individual or family 
owning or associated with any ORTL.
Tribal Subdivisions
    Tribal subdivisions are units of self-government and/or 
administration within an AIR and/or ORTL for a federally recognized 
tribe or an OTSA, that serve social, cultural, and/or legal purposes 
for the tribal government. Tribal subdivisions delineated within an AIR 
or ORTL are considered ``legal geographic entities'' by the Census 
Bureau and, thus, are specifically termed ``legal tribal subdivisions'' 
and are delineated or updated through the annual BAS. Legal tribal 
subdivisions are further distinguished as being either an active 
government, defined as a functioning government with elected officials 
that provides governmental services for only that area, or inactive, 
defined as having no functioning government of its own and is used only 
for administrative purposes and/or the election of representatives to a 
tribal-wide government. Tribal subdivisions delineated within OTSAs are 
considered ``statistical geographic entities'' by the Census Bureau and 
are specifically termed ``statistical tribal subdivisions'' because the 
larger OTSA is also considered a statistical geographic entity. They 
are delineated or updated with the OTSAs through the TSAP. Tribal 
subdivisions are intended to completely cover all of an AIR and/or 
ORTL, or OTSA, or at least the major contiguous portion of an AIR, 
ORTL, or OTSA. Separate, discrete communities whose boundaries 
encompass a concentration of population and housing may be defined as 
CDPs.
    The Census Bureau tabulates data for only one level of tribal 
subdivision within an AIR, ORTL, or OTSA. Tribes that have multiple 
hierarchical levels of administrative units should submit the lowest 
level--those with the smallest geographic area--so that their data can 
be aggregated for the larger geographic areas. If an AIR, ORTL, or OTSA 
consists of multiple, noncontiguous parts, the tribal subdivisions 
within them will be noncontiguous. The Census Bureau will identify each 
tribal

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subdivision in its data products with the name and administrative unit 
type (chapter, district, etc.) submitted by the tribal government 
providing the boundary for the geographic area. The name of each tribal 
subdivision must reflect its name, as cited in recent tribal legal 
documentation and/or used by the tribal government for administrative 
purposes.

B. State Reservation Program

    The State Reservation Program occurs once before each decennial 
census, and is a survey of state AIRs for those states with state-
recognized tribes that are not also federally recognized. Its purpose 
is to determine, solely for data collection and tabulation by the 
Census Bureau, the complete and current inventory and the correct 
attributes (names, legal descriptions, official status) and official, 
legal boundaries of the state AIRs in each state. Through the State 
Reservation Program, the Census Bureau also accepts additions and 
updates to features such as roads or rivers on or near the state AIR, 
as well as address range break information at the boundaries.
    The Census Bureau requests that the governor for each affected 
state appoint a liaison to work with officials of state-recognized 
tribes to review the boundaries and other attributes of any currently 
existing state AIRs and, if applicable, provide the boundaries and 
other attributes for any new state AIRs. As part of the State 
Reservation Program, the Census Bureau will provide spatial data for 
state AIRs for use when reviewing the accuracy of any AIR boundary 
delineated for a previous decennial census or for delineating any new 
state AIRs. Acceptance of boundary changes to state AIRs requires clear 
legal documentation supporting any, and all, changes involving these 
boundaries.
    The Census Bureau will identify each state AIR with the name 
submitted by the state liaison providing the boundary for the area. For 
this reason, the state AIR name should reflect the specific tribal name 
cited in the legal records establishing the state AIR. The liaison also 
works on the TSAP with any state-recognized tribes that do not have 
state AIRs to determine if and how they should delineate a SDTSA for 
the 2010 Census (see Section IV.A.2).
State American Indian Reservations
    State AIRs and their legal boundaries are established pursuant to 
state law. States with state-recognized tribes that are not also 
federally recognized each have their own unique laws that recognize 
specific tribes or establish a formal process by which tribes apply for 
state recognition. A subset of states also have a process whereby 
state-recognized tribes may obtain a state AIR; have established a 
state AIR specifically through state legislation; or have continued to 
recognize under state law an AIR established through laws, often 
treaties, of one of the original thirteen colonial assemblies and/or 
Great Britain during the Colonial Era.
    The Census Bureau solicits changes to the boundaries of state AIRs 
from the state government through the State Reservation Program. By 
definition, state AIR boundaries cannot cross state lines unless the 
AIR and tribe is separately recognized in each state. State AIRs may 
not include territory within federally recognized AIRs or ORTLs.

IV. American Indian Areas for the 2010 Census--Geographic Programs and 
Statistical Geographic Entities

    The Census Bureau has developed a variety of American Indian 
statistical geographic entities for those federally and state-
recognized tribes that do not have an AIR or ORTL. Their shared purpose 
is to provide a meaningful and relevant geographic framework for 
tabulating data from the 2010 Census, the ACS, and potentially other 
Census Bureau censuses and surveys that is comparable to the AIRs and 
ORTLs for tribes of similar size within the same region and/or state. 
Representation of statistical AIA boundaries in Census Bureau products 
is solely for the purpose of data tabulation and presentation, and does 
not convey or confer any rights to land ownership, governmental 
authority, or jurisdictional status. The TSAP is the mechanism for the 
2010 Census through which the Census Bureau works with tribal 
governments to delineate the boundaries and other attribute information 
of the various American Indian statistical geographic entities. The 
TSAP is only offered once prior to each decennial census.
    Tribal tracts, tribal block groups, and CDPs also are statistical 
geographic entities defined as part of the TSAP. Criteria for these 
statistical geographic entities are provided in sections IV.B and IV.C 
below. Throughout the following section, the term ``statistical AIA'' 
refers to OTSAs, tribal subdivisions within OTSAs, TDSAs, and SDTSAs.

A. Proposed Criteria and Guidelines for Statistical AIAs (OTSAs, TDSAs, 
and SDTSAs) for the 2010 Census

    The Census Bureau has received comments from data users and tribal 
officials over the past 20 or more years regarding the purpose of 
statistical AIAs (OTSAs, TDSAs, and SDTSAs) and how they should be 
defined to facilitate tabulation and presentation of meaningful data. 
In response, the Census Bureau proposes the following criteria and 
guidelines to help ensure that the statistical AIAs delineated for the 
2010 Census and beyond support their intended purpose, provide useful 
and meaningful data for the respective tribe, and enhance the ability 
for data users to make meaningful comparisons between data for the 
various types of AIAs. Criteria are rules that must be followed by all 
officials delineating statistical AIAs for the 2010 Census, while 
guidelines are suggestions for improving the relevance and utility of 
statistical AIAs.
    The following proposed criteria apply to all statistical AIAs 
(OTSAs, TDSAs, and SDTSAs) delineated for the 2010 Census. Criteria and 
guidelines specific to the individual type of statistical AIA are 
provided in their respective sections below.
    1. A statistical AIA must contain some American Indian population 
and housing.
    2. A statistical AIA may not overlap with any other AIA, at the 
same level of the geographic hierarchy (for example, an OTSA may not 
overlap an AIR; a TDSA may not overlap an AIR; an SDTSA may not overlap 
a TDSA).
    3. A statistical AIA may not completely surround another legal or 
statistical AIA at the same level of the geographic hierarchy.
    4. A statistical AIA may not include more water area than land 
area.
    5. Officials delineating statistical AIAs may only add nonvisible 
lines as a boundary if other acceptable boundary features are not 
available and they aid in a statistical AIA meeting other specific, 
delineation criteria and/or guidelines.
    6. The Census Bureau will evaluate the submitted name to ensure 
that each statistical AIA's name is clearly distinguishable from the 
name of any other legal or statistical AIA.
1. Oklahoma Tribal Statistical Areas (OTSAs)
    OTSAs are statistical AIAs identified and delineated by the Census 
Bureau with federally recognized tribes based in Oklahoma that had a 
former AIR in Oklahoma. OTSAs are intended to represent the former AIRs 
that existed in the Indian and Oklahoma territories prior to Oklahoma 
statehood in 1907, to provide comparable geographic entities for 
analyzing data over time, and to provide a way to obtain data 
comparable to that provided to federally recognized

[[Page 17308]]

tribes that currently have an AIR. Because all former AIRs in Oklahoma 
were delineated for Census 2000, no new OTSAs may be delineated for the 
2010 Census. Both federally recognized tribes with an OTSA and those 
without may have ORTLs. A tribe may choose to have the Census Bureau 
tabulate data for its ORTL for the 2010 Census, if the tribe can supply 
an acceptable Geographic Information System file or map(s) and the 
required supporting legal documentation. If a tribe chooses to submit 
their ORTL to the Census Bureau, the tribe's ORTL will be part of the 
annual BAS (see the sections on the ``Boundary and Annexation Survey'' 
and ``Off-Reservation Trust Land'' above).
    For previous censuses, the Census Bureau allowed the boundaries of 
OTSAs to deviate somewhat from the corresponding former AIR boundaries 
when requested by a tribe and supported by available demographic data. 
Such deviations affect the delineation and identification of other 
tribes' OTSAs, resulting in area being associated with multiple OTSAs. 
These areas with multiple relationships were defined as separate 
geographic entities and identified as ``joint use area OTSAs'' for 
Census 2000. In response to comments received from data users, 
especially with regard to federal laws and programs requiring the use 
of the former AIR boundaries rather than OTSA boundaries, the Census 
Bureau seeks to avoid identification of joint use area OTSAs for the 
2010 Census. The Census Bureau requests comments, especially from the 
potentially affected tribes, whether data tabulated for the joint use 
area OTSAs were useful and whether the Census Bureau should continue 
the delineation of joint use area OTSAs or require that OTSA boundaries 
follow those of the legal former AIRs. Four joint use area OTSAs were 
created for Census 2000: Kiowa-Comanche-Apache-Ft. Sill Apache-Caddo-
Wichita-Delaware; Creek-Seminole; Kaw-Ponca; and Miami-Peoria.
Proposed OTSA Criteria
    1. OTSAs must be located completely within the current boundaries 
of the state of Oklahoma.
    2. OTSAs must follow the last legal boundaries established for 
their former AIR.
    3. The name for each OTSA is determined by the tribe or tribes (in 
conjunction with the Census Bureau) that are responsible for 
delineating each OTSA. The Census Bureau will revise any name submitted 
for a geographic entity if it is determined that the criteria listed 
below were not applied properly. The name of an OTSA must reflect one 
or more of the following conditions:
    a. The tribe or tribes associated with the former AIR represented 
by the OTSA;
    b. Tribes that have historically resided within the area of the 
OTSA;
    c. Tribes that have significant population currently residing 
within the OTSA; and/or
    d. The name(s) of the tribe(s) commonly associated with the area 
encompassed by the OTSA.
Proposed OTSA Guidelines
    1. To the extent possible, OTSA boundaries identified for the 2010 
Census should be the same as those delineated for Census 2000.
    2. Tribes may delineate tribal subdivisions within their own OTSAs.
    3. Tribes may delineate CDPs representing unincorporated 
communities located within their own OTSAs (see section IV.C below).
2. Tribal Designated Statistical Areas (TDSAs) and State-Designated 
Tribal Statistical Areas (SDTSAs)
    TDSAs are statistical AIAs identified and delineated by the Census 
Bureau with federally recognized tribes that do not have an AIR or 
ORTL, and are based outside of Alaska, Hawaii, and Oklahoma. SDTSAs are 
conceptually similar to TDSAs but defined for state-recognized tribes 
that are not also federally recognized. A TDSA may cross state lines. 
An SDTSA, however, is limited to the state in which the respective 
tribe is officially recognized. For example, if the area with which a 
tribe is associated is located in two states, the tribe must be 
officially recognized by each state in order for the tribe's SDTSA to 
be delineated in each of those states.
    The primary purpose for delineating either a TDSA or an SDTSA is to 
obtain meaningful statistical data for a recognized tribe within a 
geographic area encompassing a substantial concentration of tribal 
members. Both TDSAs and SDTSAs are intended to provide comparable 
geographic entities for analyzing data over time and to provide a way 
to obtain data comparable to that provided for tribes of a similar size 
that have AIRs or ORTLs in the same region and/or state. The definition 
of a TDSA or SDTSA may not necessarily include all tribal members; nor 
is it intended to depict land ownership, represent an area over which a 
tribe has any form of governmental authority or jurisdiction, or 
represent all of the traditional or historical areas associated with 
the tribe, including areas used for subsistence activities. 
Representation of TDSAs and SDTSAs boundaries in Census Bureau products 
is solely for the purpose of data tabulation and presentation, and does 
not convey or confer any rights to land ownership, governmental 
authority, or jurisdictional status.
    TDSAs and SDTSAs will be used to tabulate and present data from the 
2010 Census as well as to tabulate and present period estimates from 
the ACS. Thus, if a TDSA or SDTSA has a small amount of American Indian 
population (especially within a large land area) the quality, 
reliability, and availability of data, particularly ACS period 
estimates, may be adversely affected for that area.
    Defining officials should take into consideration that tribal 
affiliation data, as collected by the Census Bureau, are generally not 
released for geographic entities with small populations, including 
TDSAs and SDTSAs, due to data disclosure concerns. TDSAs and SDTSAs 
enable meaningful demographic and housing data to be tabulated for that 
specific population and geographic area. If a TDSA or SDTSA is defined 
in accordance with the program guidelines and criteria, data tabulated 
for the TDSA or SDTSA may provide an alternative to tribal affiliation 
data for a specific, small geographic area. Tribal affiliation data are 
available for larger geographic entities, such as a whole state or the 
entire United States.
    Since TDSAs and SDTSAs also will be used to tabulate and present 
period estimates from the ACS, defining officials should consider that, 
as a general rule, period estimates of demographic characteristics for 
geographic entities with small populations will be subject to higher 
variances than comparable estimates for geographic entities with larger 
populations. In addition, the Census Bureau's disclosure rules may have 
the effect of restricting the availability and amount of data for 
geographic entities with small populations. The more closely a TDSA's 
or SDTSA's boundary relates to the distribution of tribal members and 
American Indians receiving governmental services from the tribe, and 
does not include large numbers of people and households not affiliated 
with the tribe, the more likely that data presented for the TDSA or 
SDTSA will accurately reflect the characteristics of the intended 
tribal population.
    Although eligible, in a few cases a tribe may elect not to 
delineate a TDSA or SDTSA if it will not provide meaningful, relevant, 
or reliable

[[Page 17309]]

statistical data because the member population now resides in numerous 
other locations or has been completely subsumed by non-member and/or 
non-American Indian populations. In such instances, defining a TDSA or 
SDTSA will not improve the presentation of statistical data relating to 
tribal members. These tribes may still be able to receive meaningful, 
relevant, and reliable statistical data for their tribal membership at 
higher levels of census geography through the characteristic of tribal 
affiliation.
    In response to comments from data users since the 1990 Census, 
regarding the purpose of statistical AIAs, and best practices to follow 
when defining a statistical geographic entity to obtain meaningful 
data, the Census Bureau proposes the following criteria and guidelines 
to help ensure that the TDSAs and SDTSAs that are delineated for the 
2010 Census meet their definition, support the intended purpose of the 
program, provide useful and meaningful data for the tribe they 
represent, and enhance the ability for data users to make more 
meaningful comparisons between data for both legal and statistical 
AIAs.
Proposed TDSA and SDTSA Criteria
    1. TDSAs and SDTSAs may not include military areas.
    2. TDSAs may not be delineated in Hawaii or Oklahoma.
    3. TDSAs will no longer be recognized or delineated in Alaska 
because all federally recognized tribes in Alaska, without an AIR, may 
now define Alaska Native village statistical areas (ANVSAs).
    4. An SDTSA for a specific tribe may be delineated in a state only 
if the tribe is officially recognized by the state.
    5. The name for each TDSA or SDTSA is determined by the tribe or 
tribes (in conjunction with the Census Bureau, and the state liaison 
for SDTSAs) that are responsible for its delineation. The name of a 
TDSA or SDTSA must reflect one or more of the following conditions:
    a. The tribe that has the largest population currently residing 
within the TDSA or SDTSA; and/or
    b. The name of the tribe most commonly associated with the area 
encompassed by the TDSA or SDTSA.
Proposed TDSA and SDTSA Guidelines
    1. TDSAs and SDTSAs should be comparable in area to the AIRs and/or 
ORTLs of other tribes with similar numbers of members in the same state 
and/or region.
    2. American Indians should constitute a large proportion of the 
population within a TDSA or SDTSA, and of the American Indian 
population, the majority should be members of the delineating tribe.
    3. A minimum population of at least 1,200 individuals or 480 
housing units is suggested to help enhance reliability and availability 
of sample-based data.
    4. TDSAs and SDTSAs should include an area where there is 
structured and organized tribal activity, including tribal 
headquarters, tribal service centers, meeting areas and buildings, 
ceremonial grounds, tribally owned commercial locations, etc.
    5. TDSAs and SDTSAs should not contain large areas without housing 
or population. A housing unit density of at least three housing units 
per square mile is suggested.
    6. TDSAs and SDTSAs should be contiguous.
    7. Water area should be included only to maintain contiguity, to 
provide a generalized version of the shoreline, or if the water area is 
completely surrounded by land area included in the TDSA or SDTSA.
    8. TDSA and SDTSA boundaries should follow visible, physical 
features, such as rivers, streams, shorelines, roads, and ridgelines.
    9. TDSA and SDTSA boundaries may follow the nonvisible, legally 
defined boundaries of AIRs, ORTLs, states, counties, or incorporated 
places.
3. OTSA, TDSA, and SDTSA Review Process
    As with all of the Census Bureau's statistical geographic entities, 
the Census Bureau reserves the right to modify, create, or reject any 
boundary or attribute as needed to meet the final program criteria and 
guidelines, or to maintain geographic relationships before the 
tabulation geography is finalized for the 2010 Census.
    The Census Bureau will review each statistical AIA and accept it 
only if it meets the final program criteria. Any decision to reject a 
particular statistical AIA delineation will be conveyed to the 
delineating official, and the Census Bureau will work with the 
delineating official to reach a satisfactory solution.
    Interested parties will be able to review and comment on delineated 
statistical AIA boundaries and names. If a dispute between two or more 
parties occurs over the boundary delineated for a specific statistical 
AIA, the Census Bureau encourages the respective parties to reach a 
mutually acceptable agreement that complies with the final program 
criteria and follows the final program guidelines. There may be 
instances in which a mutually acceptable boundary for a statistical AIA 
cannot be delineated, or the mutually acceptable boundary does not 
follow the final program criteria. In such instances, the Census Bureau 
gives priority to the boundary submitted by the tribal delineating 
official, in recognition of the government-to-government relationship 
with the tribe, provided that the delineated statistical AIA meets the 
final program criteria. If a mutually acceptable statistical AIA that 
meets the final program criteria is not delineated by the program's 
deadline, the Census Bureau may, if time and resources allow, 
independently delineate a statistical AIA.

B. Proposed Criteria and Guidelines for Tribal Census Tracts and Tribal 
Block Groups for the 2010 Census

    Census tracts are the oldest and one of the most utilized 
statistical geographic entities for which the Census Bureau tabulates 
data. The primary purpose of the census tract program is to provide a 
set of nationally consistent small, statistical geographic units, with 
stable boundaries, that facilitate analysis of data across time. 
``Standard'' census tracts always nest hierarchically within states and 
counties. ``Standard'' block groups are subdivisions of standard census 
tracts. Since there is less concern about the use of block groups for 
analyzing data across time, block group boundaries may change from one 
decennial census to another. Block groups always nest hierarchically 
within standard census tracts, and are the smallest geographic area for 
which decennial census sample data were provided, and for which ACS 
data will be provided. Standard block groups provide the geographic 
framework within which the Census Bureau defines and numbers census 
blocks, with the block group code derived from the first digit in the 
census block number. For example, block group 1 would contain blocks in 
the 1,000 range; block group 2, blocks within the 2,000 range; and so 
on.
    Tribal census tracts and tribal block groups are conceptually 
similar and equivalent to standard census tracts and block groups. They 
were first defined for Census 2000 to provide meaningful, relevant, and 
reliable data for small geographic areas within the boundaries of 
federally recognized AIRs and/or ORTLs. The delineation of tribal 
census tracts and tribal block groups recognizes the unique statistical 
data needs of federally recognized American Indian tribes. The 
delineation of tribal census tracts and tribal block groups allows for 
an unambiguous presentation of census tract- and block group-level data 
specific to an AIR and/or ORTL, without the imposition of state or 
county

[[Page 17310]]

boundaries, which might artificially separate American Indian 
populations located within a single AIR and/or ORTL. To this end, 
tribal census tracts and tribal block groups may cross county or state 
boundaries, or both.
    For Census 2000 products in which data were presented by state and 
county, the standard state/county census tract hierarchy was 
maintained, even for territory contained within an AIR and/or ORTL. In 
such instances, the state/county portions of a tribal census tract were 
identified as individual census tracts. These standard census tracts 
may not have met the minimum population or housing unit thresholds, 
therefore, potentially limiting sample data reliability or availability 
for both the tribal census tract and the derived standard tracts.
    For the 2010 Census, the Census Bureau proposes identifying tribal 
census tracts and tribal block groups as a geographic framework 
completely separate from standard census tracts and standard block 
groups (Figure 1). The proposed change for tribal census tracts and 
tribal block groups for the 2010 Census seeks to eliminate, in part, 
the data issues associated with the Census 2000 approach, so that for 
the 2010 Census more census tracts and block groups, both tribal and 
standard, will meet the population and housing unit thresholds. The 
proposed separation of these two geographic frameworks will apply to 
data tabulation products, as well as to geographic information 
products.
[GRAPHIC] [TIFF OMITTED] TN01AP08.356

    The primary operational benefit of this proposed change for the 
tribes is that they do not have to work with any other governments or 
data users in delineating their tribal census tracts and tribal block 
groups. Standard census tracts and standard block groups are delineated 
by a primary participant in the Participant Statistical Areas Program 
(PSAP) (usually a regional planning organization or county government 
agency), with input from a large variety of data users who may 
represent competing interests. Tribes are encouraged to work with the 
other PSAP participants for any areas in which they are interested, on 
and off their AIRs and/or ORTLs, to help define standard census tracts 
and standard block groups, but the proposed tribal census tract and 
tribal block group concept allows tribes to receive meaningful data for 
specific geographic areas within their AIRs and/or ORTLs.
    For federally recognized American Indian tribes with AIRs and/or 
ORTLs that have more than 2,400 residents, the Census Bureau will offer 
the tribal government the opportunity to delineate tribal census tracts 
and tribal block groups on their AIR and/or ORTL. For federally 
recognized tribes with an AIR and/or ORTLs that have fewer than 2,400 
residents, the Census Bureau will define one tribal census tract 
coextensive with the AIR and/or ORTL. Federally recognized tribes with 
AIRs and/or ORTLs that have at least 1,200 residents may define 
multiple tribal block groups on their AIR and/or ORTL. For federally 
recognized tribes with an AIR and/or ORTLs that have fewer than 1,200 
residents, the Census Bureau will define one tribal block group 
coextensive with the AIR and/or ORTL. Tables 1 and 2 provide population 
and housing unit thresholds for both standard and tribal census tracts 
and block groups.

[[Page 17311]]



                              Table 1.--Standard and Tribal Census Tract Thresholds
----------------------------------------------------------------------------------------------------------------
           Tract type                  Threshold type             Optimum           Minimum          Maximum
----------------------------------------------------------------------------------------------------------------
Standard and tribal census        Population threshold....  4,000..............        1,200    8,000
 tracts.
                                  Housing Unit threshold..  1,600..............          480    3,200
Special land use tracts.........  Area measurement          none...............            1.0  none.
                                   threshold for an urban
                                   area (square miles).
                                  Area measurement          none...............           10    none.
                                   threshold outside an
                                   urban area (square
                                   miles).
----------------------------------------------------------------------------------------------------------------


                              Table 2.--Standard and Tribal Block Group Thresholds
----------------------------------------------------------------------------------------------------------------
            Block group type                      Threshold type             Minimum             Maximum
----------------------------------------------------------------------------------------------------------------
Standard and tribal block groups.......  Population threshold...........          600    3,000
                                         Housing Unit threshold.........          240    1,200
Special land use block groups..........  Area measurement threshold for             1.0  none.
                                          an urban area (square miles).
                                         Area measurement threshold                10    none.
                                          outside an urban area (square
                                          miles).
----------------------------------------------------------------------------------------------------------------

    All tribal census tracts and tribal block groups must follow all of 
the published criteria and guidelines for standard block groups and 
standard census tracts (see 73 FR 13829; March 14, 2008, and 73 FR 
13836; March 14, 2008, respectively), except that they do not have to 
nest within states or counties. They must nest within an individual AIR 
and/or ORTL and must be identified uniquely so as to clearly 
distinguish them from standard census tracts and block groups (see 
below). Because census blocks will be numbered within standard block 
groups, and tribal block groups will be identified uniquely from 
standard block groups, there will not be a relationship between tribal 
block group identifiers and census block numbers. Thus, tribal block 
group A might contain census blocks numbered in different ``thousand'' 
ranges (e.g., blocks 1001, 2001, and 3001).
    Tribal census tracts and tribal block groups defined for the 2010 
Census will be used to tabulate data from the ACS. As a general rule, 
estimates from programs providing sample data, including the ACS, for 
geographic areas with smaller populations will be subject to higher 
sampling variances than comparable estimates for areas with larger 
populations. In addition, the availability and amount of data published 
for geographic areas with small populations may be reduced compared to 
that for geographic areas with larger populations. Aiming to create 
tribal census tracts that meet the optimal population of 4,000, and at 
least maintaining the minimum population threshold of 1,200, will 
improve the reliability and availability of data, and PSAP and TSAP 
participants should consider these factors when defining both tribal 
and standard tracts. A similar relationship between size of population 
and reliability and availability of data applies to tribal block groups 
and standard block groups. The Census Bureau uses Census 2000 
population and housing unit counts to verify that a tribal census tract 
or tribal block group meets the thresholds, and if the thresholds are 
not met, the Census Bureau asks for other supporting information, such 
as tribal or local estimates for the same area.
    All tribal census tracts and tribal block groups, like all 
statistical geographic entities, are reviewed by the Census Bureau, 
compared against published criteria and guidelines, and accepted on a 
case-by-case basis.
    Population counts should be used in tribal census tract and tribal 
block group review. Housing unit counts should be used for seasonal and 
other unique communities that may have no or low population on Census 
Day (April 1). Tribal and/or locally produced population and housing 
unit estimates can be used when reviewing and updating tracts. The 
housing unit thresholds are based on a national average of 2.5 persons 
per housing unit. The Census Bureau recognizes that there are regional 
variations to this average, and will take this into consideration when 
reviewing all tribal census tract and tribal block group proposals, if 
notified. On a case-by-case basis, the Census Bureau may waive the 
maximum population and housing thresholds, if requested, and 
explanations submitted.
Identification of Tribal Census Tracts and Tribal Block Groups for the 
2010 Census
    A tribal tract code will always begin with a ``T'' followed by 
three digits. For example, tribal census tract one on an AIR and/or 
ORTL will have a code of ``T001'' for the 2010 Census. Standard census 
tracts that have the majority of their population, housing units, and/
or area made up of an AIR and/or ORTL, will be numbered between 9401-
9499 for the 2010 Census. All other standard census tracts that had a 
census tract code between 9400 and 9499, for Census 2000, will be 
renumbered for the 2010 Census. Tribal tract codes must be unique 
within each AIR and/or ORTL.
    A tribal block group will always be designated with a single 
capital letter from A through K (except for the letter ``I'') for the 
2010 Census. Tribal block group identifiers must be unique within each 
tribal tract. Census blocks will be numbered uniquely within standard 
block group, and no relationship will exist between the tribal block 
group identifier and the number of census blocks contained within. A 
tribal block group might contain census blocks numbered in different 
``thousand'' ranges (e.g., blocks 1001, 2001, and 3001).

C. Proposed Criteria and Guidelines for Census Designated Places (CDPs) 
Defined Within Federally Recognized AIRs, ORTLs, and OTSAs for the 2010 
Census

    CDPs are statistical geographic entities representing closely 
settled, unincorporated communities, which are locally recognized and 
identified by name. They are the statistical equivalents of 
incorporated places, with the primary differences being the lack of 
both a legally defined boundary and an active, functioning governmental 
structure, chartered by the state and administered by elected 
officials. CDPs encompass a concentration of population, housing, and 
commercial structures that is clearly identifiable by

[[Page 17312]]

a single name, but is not within an incorporated place. A CDP should 
have population during at least one entire season of the year, and have 
a higher housing unit and population density than surrounding areas. 
CDPs cannot be coextensive with an entire AIR, ORTL, OTSA, or any other 
AIA. CDPs may extend off AIRs, ORTLs, or OTSAs for the 2010 Census.
    CDPs are delineated through both the TSAP and the PSAP for the 2010 
Census. Federally recognized tribes with AIRs, ORTLs, or OTSAs may 
update or delineate new CDPs on those geographic entities through the 
TSAP. Tribes that would like to delineate CDPs for communities 
completely off AIRs, ORTLs, and/or OTSAs should work through the PSAP 
with the primary participants for the areas in which they are 
interested. Tribes are urged to contact the Regional Census Center 
responsible for their area of interest, as well as the TSAP and PSAP e-
mail lists at geo.tsap.list@census.gov and geo.psap.list@census.gov, 
respectively, to ensure full participation in the PSAP.

V. Definitions of Key Terms

    Alaska Native area (ANA)--A geographic entity within the State of 
Alaska that is defined for the collection and tabulation of decennial 
census data for Alaska Natives. For the 2010 Census, ANAs include 
Alaska Native Regional Corporations (ANRCs) and Alaska Native Village 
statistical areas (ANVSAs).
    Alaska Native Claims Settlement Act (ANCSA)--Legislation (Pub. L. 
No. 92-203, 85 Stat. 688 (1971); 43 U.S.C. 1602 et seq. (2000)) enacted 
in 1971 that recognized Native villages and Native groups, and 
established ANRCs and their regional boundaries.
    Alaska Native Regional Corporation (ANRC)--A legal geographic 
entity established under the ANCSA as a ``Regional Corporation'' to 
conduct both the for-profit and non-profit affairs of Alaska Natives 
within a defined region of Alaska. Twelve ANRCs cover the entire State 
of Alaska except for the area within the Annette Island Reserve (an AIR 
under the governmental authority of the Metlakatla Indian Community). 
The boundaries used by the Census Bureau for the ANRCs do not represent 
their land withdrawals, selections, or conveyances under the ANCSA, nor 
any form of land ownership; rather, they represent their regional 
boundaries established pursuant to the ANCSA (43 U.S.C. 1606).
    Alaska Native village (ANV)--A local governmental unit in Alaska 
that constitutes an association, band, clan, community, group, tribe, 
or village recognized by and eligible to receive services from the BIA 
and/or in accordance with the ANCSA as a Native village or Native 
group.
    Alaska Native village statistical area (ANVSA)--A statistical 
geographic entity that represents the residences, permanent and/or 
seasonal, for Alaska Natives who are members of or receiving 
governmental services from the defining ANV that are located within the 
region and vicinity of the ANV's historic and/or traditional location. 
ANVSAs are intended to represent the relatively densely settled portion 
of each ANV and should include only an area where Alaska Natives, 
especially members of the defining ANV, represent a significant 
proportion of the population during at least one season of the year. 
ANVSAs also should not contain large areas that are primarily 
unpopulated or do not include concentrations of Alaska Natives, 
especially members of the defining ANV.
    Allotment--Land in the United States allotted to American Indian or 
Alaska Native (AIAN) adults primarily pursuant to the Dawes Act in the 
coterminous 48 states or the Native Allotment Act of 1906 (34 Stat. 
197, Chapter 2469) in Alaska. A Native allotment can be up to 160 acres 
in area (.25 of a square mile), and its title is held in either trust 
(see ``Trust land'') or restricted fee status (see ``Restricted fee 
land''). Allotments were either provided from the lands that are or 
were part of an AIR or from public lands at large, and generally 
required each applicant to demonstrate use and occupancy of the 
allotment for at least a five-year period. The Census Bureau only maps 
and tabulates data specifically for those allotments that are located 
off an AIR, currently held in trust, associated with a specific tribe 
and/or AIR, and which have been provided to the Census Bureau with 
clear, supporting legal documentation.
    American Indian--For the purposes of the Census Bureau, any 
individual who identifies him or herself as AIAN on their returned 
census form.
    American Indian reservation (AIR)--An American Indian land area 
with a boundary established by final treaty, statute, executive order, 
and/or court order and over which the tribal government of a federally 
recognized American Indian tribe (federal AIR) or a state recognized 
American Indian tribe (state AIR) has governmental authority. Along 
with reservation, designations such as colony, pueblo, rancheria, and 
reserve may apply to AIRs.
    Block group (BG)--a combination of census blocks that is a 
subdivision of a census tract. The BG is the lowest level of geography 
for which the Census Bureau tabulates sample data.
    Boundary and Annexation Survey (BAS)--A Census Bureau survey of 
legal geographic entities that in Alaska includes boroughs, boroughs 
and cities, municipalities, cities, ANRCs, and federally recognized 
American Indian reservations. Its purpose is to determine, solely for 
data collection and tabulation by the Census Bureau, the complete and 
current inventory and the correct names, legal descriptions, official 
status, and official boundaries of the legal geographic entities with 
primary governmental authority over certain lands within the United 
States as of January 1 of the survey year. The BAS also collects 
specific information to document the legal actions that established a 
boundary or imposed a boundary change.
    Boundary Validation Program (BVP)--The Census Bureau geographic 
area program providing tribal leaders a final opportunity to review the 
Census Bureau's depiction of their AIR/ORTL boundaries and provide any 
corrections to ensure those boundaries are shown correctly as of 
January 1 of the decennial census year. The BVP occurs after the BAS 
and prior to tabulation of decennial census data.
    Bureau of Indian Affairs (BIA)--The primary agency of the federal 
government, located within the U.S. Department of the Interior (DOI), 
charged with the trust responsibility between the federal government 
and federally recognized AIAN tribal governments and communities, 
including BIA recognized ANVs.
    Bureau of Land Management (BLM)--The primary agency of the federal 
government, located within the DOI, charged with carrying out the 
ANCSA.
    Census designated place (CDP)--A statistical geographic entity 
encompassing a concentration of population, housing, and commercial 
structures that is clearly identifiable by a single name, but is not 
within an incorporated place. CDPs are the statistical counterparts of 
incorporated places for distinct unincorporated communities.
    Contiguous--A description of a geographic entity having an 
uninterrupted outer boundary such that it forms a single, connected 
piece of territory. Noncontiguous areas form separate, disconnected 
pieces.
    Federal AIR--An area that has been set aside by the United States 
for the use of a tribe, the exterior boundaries of which are more 
particularly defined in the final tribal treaty, agreement, Executive 
Order, federal statute,

[[Page 17313]]

Secretarial Order, or judicial determination. The Census Bureau 
recognizes AIRs as territory over which American Indians have primary 
governmental authority. These entities are known as colonies, 
communities, pueblos, rancherias, ranches, reservations, reserves, 
tribal towns, and tribal villages. The BIA maintains a list of 
federally recognized tribal governments.
    Federal Recognition or federally recognized--refers to the 
recognition by the Secretary of the Interior that an American Indian 
tribe has a government-to-government relationship with the United 
States and is eligible for the special programs and services provided 
by the United States to American Indians because of their status as 
American Indians, and evidenced by inclusion of the tribe on the list 
of recognized tribes published by the Secretary under 25 U.S.C. 479a-1.
    Fee land--Area owned in fee simple status (total ownership, not in 
trust) by a tribe recognized by the federal government or individual 
members of a tribe. A tribe or an individual holds the title to such 
land. Tracts and/or parcels of such 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 AIR. The Census Bureau does not identify 
fee land (or land in fee simple status) as a specific geographic 
category.
    Fee simple land (or land in fee simple status)--Area owned in fee 
simple status (total ownership, not in trust) by a tribe recognized by 
the federal government or individual members of a tribe. A tribe or an 
individual holds the title to such land. Tracts and/or parcels of such 
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 AIR. 
The Census Bureau does not identify fee land (or land in fee simple 
status) as a specific geographic category.
    Geographic entity--Once a geographic area is recognized and 
incorporated into the Census Bureau geographic universe as a discrete 
area unit, it can be referred to as a ``geographic entity'' or simply 
entity.
    Geographic Names Information System (GNIS)--The GNIS is the federal 
standard for geographic nomenclature. The U.S. Geological Survey 
developed the GNIS for the U.S. Board on Geographic Names as the 
official repository of domestic geographic names data; the official 
vehicle for geographic names use by all departments of the federal 
government; and the source for applying geographic names to federal 
electronic and printed products. The GNIS is available online at: 
http://geonames.usgs.gov/domestic/index.html.
    Historic Areas of Oklahoma--A geographic area established by the 
Census Bureau for the 1980 Census that encompassed the former AIRs that 
had legally established boundaries during the period 1890 through 1907, 
but whose lands were divided by allotment agreements during the period 
preceding the establishment of Oklahoma as a state in 1907. The 
Historic Areas of Oklahoma excluded all territory that was in the 
Census Bureau's 1980 urbanized areas. The 1980 Census tabulated data 
for this single entity, which was replaced for the 1990 Census by the 
designation tribal jurisdiction statistical areas (TJSAs), reflecting, 
in general, a presentation of the data by individual former AIRs. The 
TJSAs defined for the 1990 Census included territory without regard to 
urbanized areas.
    Incorporated place--A type of governmental unit, incorporated under 
state law as a city, town (except in New England, New York, and 
Wisconsin), borough (except in Alaska and New York), or village, 
generally to provide governmental services for a concentration of 
people within a legally defined boundary.
    Individual Trust Land--Area for which the United States federal 
government holds fee title in trust for the benefit of an individual 
American Indian.
    Joint use area--The term, as applied to any AIA 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 statistical data. In no way does this 
designation confer or imply any legal ownership or authority in the 
area, but merely describes the relationship between the tribes and the 
area.
    Legal geographic entity--A geographically defined governmental, 
administrative, or corporate entity whose origin, boundary, name, and 
description result from charters, laws, treaties, or other governmental 
action. Examples are the United States, states and statistically 
equivalent entities, counties and statistically equivalent entities, 
minor civil divisions, incorporated places, congressional districts, 
American Indian reservations and off-reservation trust lands, school 
districts, and ANRCs. The legal geographic entities that will be 
recognized for the 2010 Census are those that will exist on January 1, 
2010.
    Nonvisible feature--A map feature that is not visible on the ground 
by census enumerators such as a city, borough, or ANRC boundary through 
space, a property line, or line-of-sight extension of a road.
    Off-Reservation Trust Land (ORTL)--Area for which the United States 
federal government holds fee title in trust for the benefit of a tribe 
(tribal trust land) or for an individual American Indian (individual 
trust land). Trust lands can be alienated or encumbered only by the 
owner with the approval of the Secretary of the Interior or his/her 
authorized representative. Trust lands may be located on or off an AIR. 
The Census Bureau recognizes and tabulates data for AIRs and ORTLs 
because the tribe has governmental authority over these lands. Primary 
tribal governmental authority generally is not attached to tribal lands 
located off the AIR until the lands are placed in trust. In Census 
Bureau data tabulations, ORTLs are always associated with a specific 
federally recognized AIR and/or tribal government.
    Oklahoma tribal statistical area (OTSA)--A statistical entity 
identified and delineated by the Census Bureau in consultation with 
federally recognized American Indian tribes that have no current AIR, 
but that had a former AIR in Oklahoma. The boundary of an OTSA will be 
that of the former AIR in Oklahoma, except where modified by agreements 
with neighboring tribes for statistical data presentation purposes. For 
Census 2000, the term OTSA replaced the 1990 Census term--tribal 
jurisdiction statistical area (TJSA).
    Restricted fee land--A land area for which an individual American 
Indian or a tribe holds fee simple title subject to limitations or 
restrictions against alienation or encumbrances as set forth in the 
title and/or by operation of law. Restricted fee lands may be located 
on or off a federally recognized reservation. Native allotments in 
Alaska are one type of restricted fee land. The Census Bureau does not 
identify restricted fee lands as a specific geographic category.
    State AIR--Some state governments have established AIRs for tribes 
recognized by the state. A governor-appointed state liaison provides 
the name and boundary for each state-recognized AIR to the Census 
Bureau.
    State-designated American Indian statistical area (SDAISA)--A 
statistical entity developed for Census 2000, now

[[Page 17314]]

called SDTSAs (see SDTSAs for more information).
    State Designated Tribal Statistical Area (SDTSA)--Called SDAISAs in 
Census 2000, SDTSAs were created to provide state-recognized American 
Indian tribes without an AIR statistical data similar to that provided 
to tribes with AIRs. The program name changed to adhere more closely to 
the tribal entity naming convention and underscore the criteria changes 
in effect for the 2010 Census. SDTSAs are identified and delineated for 
the Census Bureau by a governor-appointed state liaison, working in 
conjunction with tribal officials through the TSAP. SDTSAs generally 
encompass a compact and contiguous area in which there is structured or 
organized tribal activity and a concentration of individuals who 
identify with a state-recognized American Indian tribe.
    State Recognition or state-recognized--Refers to American Indian 
tribes and associated geographic areas that are specifically recognized 
by a state government through treaty (generally with one of the 
original thirteen colonial assemblies and/or Great Britain), state 
legislation, or other formal process. State recognition of a tribe is 
determined by each respective state government, and conveyed to the 
Census Bureau by the governor's appointed liaison.
    Statistical area/statistical geographic entity--A geographic entity 
specifically defined for the collection and/or tabulation of 
statistical data from the Census Bureau. Statistical entities are not 
established by law, and their designation by the Census Bureau neither 
conveys nor confers legal ownership, entitlement, jurisdiction, or 
governmental authority. Tribal statistical geographic entities, also 
called statistical areas, include ANVSAs and TDSAs, among others.
    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 ORTLs where the surface estate is 
held in trust; it does not collect the boundaries where only the 
subsurface estate is held in trust.
    Tribal Block group--Block groups defined on tribal lands, 
maintained within the Census Bureau's American Indian geographic 
hierarchy, defined through the TSAP by tribal primary participants. 
(See also Block Groups)
    Tribal Tract--tracts delineated within federally recognized 
American Indian areas by tribal officials through the TSAP. These are 
in all respects the functional and programmatic equivalent to standard 
census tracts and should be treated as such. They were developed to 
further enhance the data available to federally recognized American 
Indian tribes with an AIR or ORTL.
    Tribal designated statistical area (TDSA)--A statistical geographic 
entity identified and delineated for the Census Bureau by a federally 
recognized American Indian tribe that does not currently have a 
reservation and/or off-reservation trust land. A TDSA is intended to be 
comparable to the AIRs within the same state or region, especially 
those for tribes that are of similar size. A TDSA encompasses a compact 
and contiguous area that contains a concentration of individuals who 
identify with the delineating federally recognized American Indian 
tribe and within which there is structured, organized tribal activity. 
Although two TDSAs were delineated within Alaska for Census 2000, TDSAs 
will not be delineated within Alaska for the 2010 Census. All ANVs 
eligible to delineate TDSAs within Alaska for Census 2000 are eligible 
to delineate an ANVSA within Alaska for the 2010 Census.
    Tribal jurisdiction statistical area (TJSA)--A statistical entity 
identified and delineated for the 1990 Census to provide a geographic 
frame of reference for the presentation of statistical data. TJSA 
boundaries were required to follow census block boundaries and were 
based upon the boundaries of the former AIRs of federally recognized 
tribes in Oklahoma. The 1990 Census TJSAs essentially were defined in 
the same manner as planned for the OTSAs in Census 2000; the 
descriptive designation is being changed for Census 2000 to correct the 
impression that these statistical entities conveyed or conferred any 
jurisdictional authority.
    Tribal Statistical Areas Program (TSAP)--New for the 2010 Census, 
the TSAP is intended to consolidate the various AIAN statistical 
geographic entities into one program. New delineations, updates, and 
re-delineations of the various tribal statistical geographic entities, 
including ANVSAs, will all be processed through the TSAP.
    Tribal subdivision--An administrative subdivision of a federally 
recognized AIR, ORTLs, or an Oklahoma tribal statistical area (OTSA), 
known as an area, chapter, community, or district. These entities are 
internal units of self-government or administration that serve social, 
cultural, and/or economic purposes for the American Indians on the AIR, 
ORTLs, or OTSAs.
    Visible feature--A map feature that can be seen on the ground by 
census enumerators such as a road, railroad track, a major above-ground 
transmission line or pipeline, river, stream, shoreline, fence, sharply 
defined mountain ridge, or cliff. Nonstandard visible features are a 
subset of visible features that may not be clearly defined on the 
ground (such as a ridge), may be seasonal (such as an intermittent 
stream), or may be relatively impermanent (such as a fence). The Census 
Bureau generally requests verification that a nonstandard visible 
feature used as a boundary for a statistical geographic entity poses no 
problem for census enumerators in locating it during fieldwork.

     Dated: March 27, 2008.
Steve H. Murdock,
Director, Bureau of the Census.
[FR Doc. E8-6665 Filed 3-31-08; 8:45 am]
BILLING CODE 3510-07-P