Federal Register, Volume 73 Issue 221 (Friday, November 14, 2008)

[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Notices]
[Pages 67470-67482]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27119]

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DEPARTMENT OF COMMERCE

Bureau of the Census

[Docket Number: 071227905-81306-02]

American Indian Areas (AIAs) Program for the 2010 Census--Notice
of Final Criteria and Guidelines

AGENCY: Bureau of the Census, Commerce.

ACTION: Notice of final criteria, guidelines, and program
implementation.

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SUMMARY: The Bureau of the Census (Census Bureau) is providing
notification of final criteria and guidelines for American Indian Areas
(AIAs) for the 2010 Census. Criteria are those rules and conditions
that must be met when defining a geographic entity; guidelines are
procedures and measures suggested by the Census Bureau to enhance the
utility of statistical geographic areas for presentation and analysis
of statistical data. AIAs are geographic entities within the United
States defined for the collection, tabulation, and presentation of
decennial census data for federally and/or state-recognized American
Indian tribes. AIAs will be used to collect, tabulate, and present data
for the 2010 Census, period estimates from the American Community
Survey (ACS), 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. In these final criteria, the Census Bureau announces
the following changes for the 2010 Census:
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 is providing notification 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 tracts and tribal block groups as separate
statistical geographic entities distinct from, and in addition to,
``standard'' county-based census tracts and block groups.
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 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.
This Notice announces the Census Bureau's final criteria and
guidelines for AIAs for the 2010 Census. In addition, this Notice
contains a summary of comments received in response to the April 1,
2008, Federal Register (73 FR 17303), as well as the Census Bureau's
responses to these comments. The Census Bureau has considered all
comments received regarding the new criteria and guidelines and will
enact the proposed criteria and guidelines, unaltered from those
presented in the Federal Register (73 FR 17303).
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--Final Criteria and
Guidelines''.

DATES: Effective Date: This Notice's final criteria and guidelines will
be effective on November 14, 2008.

FOR FURTHER INFORMATION CONTACT: Requests for additional information on
these criteria and guidelines should be directed to the 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

[[Page 67471]]

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, tribal
government, and/or AIR. The Census Bureau introduced the Tribal Review
Program prior to the 1990 Census, which gave the affected federally
recognized tribes the opportunity to review, and update if needed, the
boundaries of their AIRs and/or ORTLs. The Census Bureau also 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
with an AIR and/or ORTL the opportunity to provide suggestions for 1990
Census tabulation block boundaries on their AIR and ORTL through the
Block Definition Project (BDP), similar to the Block Boundary
Suggestion Project portion 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 was offered
a second time in 1997 and again enabled officials of all federally
recognized American Indian tribes with an AIR or ORTL to review and, if
necessary, update the Census Bureau's maps of their AIRs and/or ORTLs
before Census 2000. The Tribal Review Program also included 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 BDP. The Tribal Review Program, prior to Census 2000,
also gave tribes in Oklahoma the opportunity to review the delineation
of their 1990 Census TJSAs. Census 2000 was the first decennial census
for which census tracts were defined throughout

[[Page 67472]]

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, thus
replacing the once a decade Tribal Review Program. 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 updates 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, 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 tracts and tribal block groups, will be redefined to
provide federally recognized tribes with AIRs greater control and
flexibility in delineating such areas. The final criteria and
guidelines for TDSAs and SDTSAs (formerly known as SDAISAs) encourage
tribes without an AIR and/or ORTL to delineate geographic areas that
more effectively present the important data for 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 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, they first must be either federally recognized or state-
recognized. Federal recognition of an American Indian tribe for the
purpose of these 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 Friday,
April 4, 2008, (73 FR 18553).
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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
letters to each state requesting a list of any state-recognized tribes
that are not also federally recognized, and requests the appointment of
a liaison by each state governor 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. Summary of Comments Received in Response to the Proposed Criteria
for American Indian Areas (AIAs) for the 2010 Census

The April 1, 2008, Federal Register (73 FR 17303) requested comment
on the proposed criteria and guidelines for identification of AIAs for
the 2010 Census, which contained the following changes to the criteria
and guidelines used in the 2000 Census: (1) Change the term ``State-
Designated American Indian Statistical Areas'' (SDAISAs) to ``State-
Designated Tribal Statistical Areas'' or SDTSAs; (2) clarify the
definition and purpose of OTSAs; to not allow delineation of new OTSAs;
and to avoid defining joint use OTSAs for the 2010 Census; (3) clarify
the definition, purpose, and the criteria and guidelines for defining
TDSAs and SDTSAs; and (4) identify tribal tracts and tribal block
groups as separate statistical geographic entities distinct from, and
in addition to, ``standard'' county-based census tracts and block
groups.
The Census Bureau received comments from sixteen organizations and
individuals on the proposed criteria, all pertaining to the proposal to
define tribal tracts and tribal block groups as a geographic framework
completely separate from standard census tracts and standard block
groups. All comments received are summarized below, as well as the
Census Bureau's responses to these comments.
The Census Bureau received thirteen comments favoring
identification of tribal tracts and tribal block groups as a geographic
framework completely separate from standard census tracts and standard
block groups. The commenters stated that distinct tribal tracts and
tribal blocks will improve the meaningfulness and relevance of
statistical data for American Indian communities within federally
recognized AIRs. Given the support for the proposal to define tribal
tracts and tribal block groups as a geographic framework separate from,
and in addition to, standard census tracts and block groups, the Census
Bureau will retain the concept in the final criteria and guidelines for
the 2010 Census.
These thirteen commenters also noted that identification of tribal
tracts and tribal block groups as a separate geographic framework will
provide more accurate income data for American Indian populations,
which would potentially increase Qualifying Census

[[Page 67473]]

Tract designation for the U.S. Department of Housing and Urban
Development's Low Income Housing Tax Credit Program. Although aware
that there are secondary uses of geographic entities and the data
tabulated for them, the Census Bureau did not propose this change
specifically to meet secondary uses, nor was there any intent to modify
criteria or guidelines to meet specific program requirements of any
other government agencies. The Census Bureau, however, will attempt to
inform other agencies of the decision to identify tribal tracts and
tribal block groups as a separate geographic framework for tabulation
and presentation of statistical data for communities within AIRs and/or
ORTLs.
Three commenters erroneously stated that the identification of
tribal tracts and tribal block groups would result in duplication of
population counts for communities within AIRs, and would result in the
misrepresentation of statistical data and demographic characteristics
for these communities. Two of these commenters also expressed concern
that separate tribal tracts would lead to unnecessary spending of
federal taxpayer dollars. Enumeration and data collection activities
and processes are distinct from data tabulation and presentation
processes, and are designed to collect data only once from individual
households. Those households may reside in a variety of distinct and
sometimes overlapping geographic entities, such as county subdivisions,
places, counties, urban areas, and school districts. The Census Bureau
routinely presents data for a wide variety of geographic entities
without duplicating data for particular households or communities. With
regard to the comment pertaining to unnecessary spending of federal
taxpayer dollars, the Census Bureau's identification and maintenance of
tribal tracts and tribal block groups as a separate geographic
framework is consistent with its mission to provide statistical data
for geographic entities that allow for meaningful analysis of
demographic characteristics. The Census Bureau, however, does not
comment on whether another agency's use of geographic areas defined for
statistical purposes constitutes an appropriate use of funds.

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

Changes made to the final criteria (from the proposed criteria) in
``Section V, American Indian Areas for the 2010 Census--Geographic
Programs and Statistical Geographic Entities'' are as follows:
1. Section V.A.1, ``Final OTSA Criteria,'' changed the criterion
stating that OTSAs must follow the last legal boundaries for the former
AIR to a guideline. We made this change to recognize that the Census
2000 boundaries for some individual OTSAs may not necessarily follow
the last legal boundary of the former AIR, and that in some instances
it may not be possible for a 2010 Census OTSA boundary to follow the
last legal former AIR boundary.
2. Section V.A.1, ``Final OTSA Guidelines,'' added the guideline
that tribes should strive to avoid defining OTSAs with overlapping
boundaries, which result in the identification of joint use area OTSAs.
This is consistent with the statement made earlier in the OTSA section
that the Census Bureau seeks to avoid identification of joint use area
OTSAs for the 2010 Census.
3. Section V.A.2, ``Tribal-Designated Statistical Areas (TDSAs) and
State-Designated Tribal Statistical Areas (SDTSAs),'' added text at the
end of the fifth paragraph clarifying the importance of striking an
appropriate balance between TDSA and SDTSA definitions that are too
small to obtain meaning statistical data, and those that are so large
that data for the American Indian population are masked by the presence
of a large number of non-American Indian households.
4. Section V.B, Final Criteria and Guidelines for Tribal Census
Tracts and Tribal Block Groups for the 2010 Census,'' added text in the
sixth paragraph clarifying that the determination of eligibility to
define multiple tribal tracts and multiple tribal block groups within a
federally recognized American Indian reservation will be based on total
population or total number of housing units.

IV. 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 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 IV.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, if they have been reported to the Census
Bureau. 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 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/bas08/bas08_rg_paper_trib.pdf.

[[Page 67474]]

Federal AIRs, ORTLs, and tribal subdivisions within them may be
delineated without regard to state or county boundaries.
Federal American Indian Reservations
AIRs represent geographic areas governed and administered by an
American Indian tribe or tribes, and held as 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, and/or 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 legal interpretation of
documentation, and/or are based on legal documentation from before
1990, are referred to the DOI Office of the Solicitor and/or 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 and tabulate data for it.
Trust lands always are associated with a specific federally
recognized tribe and usually with a particular AIR. Trust lands 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 distinguish or 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 ORTLs, for tribes in either Alaska or Oklahoma.
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 thereof.
Separate, discrete communities whose boundaries encompass a
concentration of population and housing should be defined as CDPs
rather than as tribal subdivisions.
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 covering the same area
should consider submitting 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 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 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

[[Page 67475]]

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. The
state AIR name should reflect the specific 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 V.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.

V. 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 state and/or region.
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 V.B. and V.C.
below. Throughout the following section, the term ``statistical AIA''
refers to OTSAs, tribal subdivisions within OTSAs, TDSAs, and SDTSAs.

A. Final 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 announces 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 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; a 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 only 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 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. 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 rather than for an OTSA, if the tribe
can supply an acceptable Geographic Information System (GIS) 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 become 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 may affect the

[[Page 67476]]

delineation and identification of other tribes' OTSAs, resulting in
areas 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 will not
create any new joint use area OTSAs for the 2010 Census and will work
with the tribes involved to eliminate those that existed for Census
2000. 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.
Final OTSA Criteria:
1. OTSAs must be located completely within the current boundaries
of the State of Oklahoma.
2. 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 shall 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.
Final 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. OTSAs should follow the last legal boundaries established for
their former AIR.
3. Tribes should strive to eliminate overlapping OTSA boundaries
that resulted in the Census 2000 joint use area OTSAs.
4. Tribes may delineate tribal subdivisions within their own OTSAs.
5. Tribes may delineate CDPs representing unincorporated
communities located within their own OTSAs (see section V.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. A
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 a SDTSA is to
obtain meaningful statistical data for a recognized tribe within a
specific 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 state and/or region.
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 TDSA and SDTSA 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
both 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
and/or proportion of American Indian population, 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 that have small amounts of population,
including TDSAs and SDTSAs, due to data disclosure concerns. TDSAs and
SDTSAs enable meaningful demographic and housing data to be tabulated
for a specific population and geographic area. If a TDSA or SDTSA is
defined in accordance with the final program criteria and guidelines,
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
whole states or the entire United States.
Since TDSAs and SDTSAs also will be used to tabulate and present
period estimates from the ACS, defining officials also 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 or SDTSA 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. Therefore, when
delineating TDSAs or SDTSAs, it is important to strike an appropriate
balance; avoiding a definition that is too small to obtain meaningful
sample data, and one that is so large that data for the American Indian
population are masked by the presence of a high percentage of non-
American Indian households. The Census Bureau took these concerns into
consideration when developing the delineation criteria and guidelines
below.
Although eligible, officials may elect not to delineate a TDSA or
SDTSA if it will not provide meaningful, relevant, or reliable
statistical data because the member population now resides in numerous
other locations or has been largely 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, such as through the characteristic
of tribal affiliation, but a geographic solution to their data issues,

[[Page 67477]]

such as a TDSA or SDTSA, may not be possible.
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 announces 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, relevant, 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.
Final TDSA and SDTSA Criteria:
1. TDSAs and SDTSAs shall not include military areas.
2. TDSAs shall not be delineated in Hawaii or Oklahoma.
3. TDSAs shall no longer be recognized or delineated in Alaska
because all federally recognized tribes in Alaska, without an AIR, may
now consider defining Alaska Native village statistical areas.
4. A 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 both 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.
Final 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 substantial 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 businesses, 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, when only one of
the parties is a tribe, 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. Final 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 1000 range; block group 2, blocks within the 2000 range; and so on.
Tribal 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 tracts and
tribal block groups recognizes the unique statistical data needs of
federally recognized American Indian tribes. The delineation of tribal
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 standard imposition of state or county boundaries,
which may artificially separate American Indian populations located
within a single AIR and/or ORTL. To this end, tribal 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

[[Page 67478]]

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 will identify tribal tracts
and tribal block groups as a geographic framework completely separate
from, and in addition to, standard census tracts and standard block
groups (Figure 1). This change for tribal tracts and tribal block
groups for the 2010 Census seeks to eliminate, in part, the data
reliability or availability 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 separation of these two geographic frameworks will
apply to data tabulation products, as well as to geographic information
products.
[GRAPHIC] [TIFF OMITTED] TN14NO08.000

The primary operational benefit of this change for the tribes is
that they do not have to work with any other governments or data users
in delineating their tribal 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)
for all of the area within their county or counties, 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 tribal census tract and tribal block group concept allows tribes to
receive meaningful data for specific geographic areas within their AIRs
and/or ORTLs. The Census Bureau regards tribal tracts and standard
census tracts as equivalent in all aspects, and strongly suggests that
any programs utilizing census tracts and/or any data tabulated for them
should allow for the use of tribal tracts in their programs as well.
For federally recognized American Indian tribes with an AIR and/or
ORTL that has more than 2,400 residents or more than 960 housing units,
the Census Bureau will offer the tribal government the opportunity to
delineate more than one tribal tract and tribal block group on their
AIR and/or ORTL. For federally recognized tribes with an AIR and/or
ORTL that has fewer than 2,400 residents or 960 housing units, the
Census Bureau will define one tribal census tract coextensive with each
AIR and/or ORTL. However, federally recognized tribes with an AIR and/
or ORTL that has at least 1,200 residents or 480 housing units may
still define multiple tribal block groups on their AIR and/or ORTL. For
federally recognized tribes with an AIR and/or ORTL that has fewer than
1,200 residents or 480 housing units, the Census Bureau will define one
tribal block group coextensive with each AIR and/or ORTL. Tables 1 and
2 provide population and housing unit thresholds for both standard and
tribal tracts and block groups.

[[Page 67479]]

Table 1--Standard and Tribal Census Tract Thresholds
----------------------------------------------------------------------------------------------------------------
Tract type Threshold type Optimum Minimum Maximum
----------------------------------------------------------------------------------------------------------------
Standard and tribal census tracts......... Population threshold......... 4,000 1,200 8,000
Housing Unit threshold....... 1,600 480 3,200
----------------------------------------------------------------------------------------------------------------

Table 2--Standard and Tribal Block Group Thresholds
------------------------------------------------------------------------
Block group type Threshold type Minimum Maximum
------------------------------------------------------------------------
Standard and tribal block Population 600 3,000
groups. threshold. 240 1,200
Housing Unit
threshold.
------------------------------------------------------------------------

All tribal tracts and tribal block groups must follow all of the
final criteria and guidelines published in the Federal Register for
standard census tracts (73 FR 13836-13844) and standard block groups
(73 FR 13829-13836), except that they do not have to nest within states
or counties. They must instead 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 the section on the
``Identification of Tribal Census Tracts and Tribal Block Groups for
the 2010 Census'' below). Because census blocks will be coded 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
(although census block numbers will not be duplicated within a tribal
block group). Thus, tribal block group ``A'' might contain census
blocks numbered in different ``thousand'' ranges (e.g., blocks 1001,
2001, and 3001).
Tribal tracts and tribal block groups defined for the 2010 Census
will also 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 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 sample data. PSAP and TSAP participants
should consider these factors when defining both tribal and standard
census tracts. A similar relationship between the 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 tracts and tribal block groups, like all statistical
geographic entities, are reviewed by the Census Bureau, compared
against the final published criteria and guidelines, and accepted on a
case-by-case basis. Population counts should be used in reviewing
tribal tracts and tribal block groups. 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 census 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 acceptable, and explanations are submitted.
Identification of Tribal Census Tracts and Tribal Block Groups for the
2010 Census:
a. A tribal census 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 included in AIRs and/or ORTLs, will be coded
between 9401 and 9499 for the 2010 Census. All other standard census
tracts that had a census tract code between 9400 and 9499, for Census
2000, shall be recoded outside of this range for the 2010 Census. Both
tribal and standard census tract codes must be unique within each AIR
and/or ORTL.
b. 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 census 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. Final 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 a single name, but is not
within an incorporated place. A CDP should have population during at
least one entire season (at least three consecutive months) of the
year, and have a higher housing unit and/or population density than
surrounding areas. A CDP must have some population and/or housing units
included, and the Census Bureau asks TSAP and PSAP participants for an
explanation if a CDP has less than ten

[[Page 67480]]

housing units. CDPs cannot be coextensive with an entire AIR, ORTL,
OTSA, or any other AIA. CDPs may extend off AIRs, ORTLs, or OTSAs.
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.

VI. 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)--Federal legislation
(Pub. L. 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 corporation created
pursuant to the ANCSA as a ``Regional Corporation'' and organized under
the laws of the State of Alaska to conduct both the for-profit and non-
profit affairs of Alaska Natives within a defined region of Alaska. For
the Census Bureau, ANRCs are considered legal geographic entities.
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).
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 (at
least three consecutive months). 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 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 this Notice, any individual
who self-identifies as an American Indian and/or an Alaska Native
(AIAN) alone or in combination with one or more other races.
American Indian reservation (AIR)--A type of legal geographic
entity that is a recognized 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--A combination of census blocks that is a subdivision
of a census tract. The block group 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 includes counties, incorporated places,
micro civil divisions, ANRCs, and federally AIRs and ORTLs. 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 and/or 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 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--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.
Census tract--a combination of census block groups that is a
subdivision of a county or AIR.
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--A type of legal geographic entity that is a recognized
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 has
governmental authority. Along with reservation, designations such as
colony, pueblo, rancheria, and reserve may apply to AIRs.

[[Page 67481]]

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
(last published in the Federal Register on Friday, April 4, 2008 (73 FR
18553--18557)).
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 or restricted) by a tribe
or AIAN individuals. 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 an AIR. The Census Bureau does not identify fee land as a
specific geographic category.
Geographic entity--Once a geographic area is recognized and
incorporated into the Census Bureau geographic universe as a discrete
areal unit, it is be referred to as a ``geographic 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 used 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 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 legal geographic entity that is a
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, to provide governmental services for a
concentration of people within a legally defined boundary.
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;
AIRs and ORTLs; school districts; and ANRCs. The legal geographic
entities that will be recognized for the 2010 Census are those in
existence on January 1, 2010.
Nonvisible feature--A map feature that is not visible from the
ground, such as an incorporated place, county, AIR, ORTL, or ANRC
boundary through space, a property line, or line-of-sight extension of
a road.
Off-Reservation Trust Land (ORTL)--A type of legal geographic
entity that is a recognized American Indian land 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 (on-reservation trust land) 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 federal 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. The majority of
restricted fee land is located in Oklahoma or Alaska. The Census Bureau
does not identify restricted fee lands as a specific geographic
category.
State AIR--A type of legal geographic entity that is a recognized
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 state-recognized American Indian tribe has governmental
authority. 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 geographic entity developed for Census 2000, now called
SDTSAs (see SDTSAs for more information).
State-designated tribal statistical area (SDTSA)--A statistical
geographic entity identified and delineated for the Census Bureau by a
governor-appointed state liaison, working in conjunction with tribal
officials for a state-recognized tribe that does not currently have an
AIR and/or ORTL. A SDTSA is intended to be comparable to the AIRs

[[Page 67482]]

within the same state or region, especially those for tribes that are
of similar size. A SDTSA encompasses a compact and contiguous area that
contains a concentration of individuals who identify with the state-
recognized tribe and within which there is structured and organized
tribal activity. Referred to as state-designated American Indian
statistical areas (SDAISAs) in Census 2000.
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 geographic entity or statistical area--A geographic
entity specifically defined for the collection and/or tabulation of
statistical data from the Census Bureau. Statistical entities are not
generally 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
include ANVSAs, OTSAs, TDSAs, and SDTSAs, 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 AIRs and ORTL that are
separate from, and in addition to, standard state/county/census tract
hierarchy block groups, maintained and presented within the Census
Bureau's American Indian geographic hierarchy, and are defined through
the TSAP by tribal primary participants. These are in all respects the
functional and programmatic equivalent to standard block groups and
should be treated as such. They were developed to further enhance the
data available for federally recognized American Indian tribes with an
AIR or ORTL. (See also Block group)
Tribal census tracts (tribal tracts)--Census tracts defined on AIRs
and ORTL that are separate from, and in addition to, standard state/
county hierarchy census tracts, maintained and presented within the
Census Bureau's American Indian geographic hierarchy, and are defined
through the TSAP by tribal primary participants. 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 for federally recognized American Indian
tribes with an AIR or ORTL. (See also Census tract)
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 an AIR
and/or ORTL. 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 and 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 consider delineating 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, tribal tracts, and tribal block groups, will all be
processed through the TSAP.
Tribal subdivision--An administrative subdivision of a federally
recognized AIR, ORTs, or OTSA; variously known as chapters,
communities, or districts. 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 such
as a road, railroad track, major aboveground 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.

Executive Order 12866

This Notice has been determined to be not significant under
Executive Order 12866.

Paperwork Reduction Act

Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the Paperwork Reduction Act (PRA) unless that collection of
information displays a current, valid Office of Management and Budget
(OMB) control number. In accordance with the PRA, 44 U.S.C., Chapter
35, the Census Bureau requested, and the OMB granted its clearance for
the information collection requirements for geographic partnership
programs on September 24, 2008 (OMB Control Number 0607-0795, expires
on March 31, 2009). The Census Bureau's request for an extension of
this clearance until March 31, 2009, was sent to the OMB on September
9, 2008.

Dated: November 7, 2008.
Steve H. Murdock,
Director, Bureau of the Census.
[FR Doc. E8-27119 Filed 11-13-08; 8:45 am]
BILLING CODE 3510-07-P