American Indian and Alaska Native Policy Statement, 64597-64600 [E8-25848]
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Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Notices
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 6625, 14th and
Constitution Avenue, NW., Washington,
DC 20230 (or via the Internet at
dHynek@doc.gov.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to Wendy Liberante, OMB Desk
Officer,Fax number (202) 395–5806 or
via the Internet at
Wendy_L._Liberante@omb.eop.gov.
Dated: October 24, 2008.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E8–25813 Filed 10–29–08; 8:45 am]
BILLING CODE 3510–FP–P
DEPARTMENT OF COMMERCE
Bureau of the Census
[Docket Number 070404074–8894–03]
Effective Date: This final policy
will be effective on December 1, 2008.
DATES:
American Indian and Alaska Native
Policy Statement
Bureau of the Census,
Department of Commerce.
ACTION: Notice of final policy statement.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: In preparation for the 2010
Census, the Bureau of the Census
(Census Bureau) adopts the following
American Indian and Alaska Native
(AIAN) policy statement. This final
policy outlines the principles to be
followed in all Census Bureau
interactions with federally recognized
AIAN tribal governments. The policy
affirms the unique government-togovernment relationship that exists
between AIAN tribal governments and
the Census Bureau and is consistent
with the AIAN policy statement adopted
by the Department of Commerce (DOC)
on March 30, 1995. The adoption of this
policy satisfies a long-standing request
from AIAN populations, and the Census
Bureau believes it will encourage and
facilitate greater cooperation from these
populations during decennial censuses
and help us to better communicate with
and enumerate this difficult-to-count
population. This Notice also
summarizes comments received on the
draft AIAN policy statement published
in the Federal Register on May 23, 2007
(72 FR 28952) and the Census Bureau’s
response to these comments. The policy
statement adopted in this Notice differs
from the proposed policy statement as
follows: (a) The Introduction section
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was modified in response to comments
received; (b) the definition of Federally
Recognized Indian Tribe was modified
in response to comments; (c) the
definition of trust responsibility was
deleted after agency review; (d) the
definition of American Indian or Alaska
Native Tribal Government was modified
after agency review; (e) proposed Policy
Principle No. 2 is renumbered as Policy
Principle No. 4; (f) proposed Policy
Principle No. 3 is renumbered as Policy
Principle No. 5; (g) proposed Policy
Principle No. 4 was modified in
response to comments and is
renumbered as Policy Principle No. 2;
(h) proposed Policy Principle No. 5 is
renumbered as Policy Principle No. 6;
(i) proposed Policy Principle No. 6 was
modified in response to comments and
is renumbered as Policy Principle No. 7;
(j) proposed Policy Principle No. 7 is
renumbered as Policy Principle No. 8;
(k) proposed Policy Principle No. 8 is
renumbered as Policy Principle No. 9;
and (l) proposed Policy Principle No. 9
was modified in response to comments
and is renumbered as Policy Principle
No. 3.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the final policy should be
directed to Dee Alexander, Program
Analyst, Decennial Management
Division, Outreach and Promotions
Branch, U.S. Census Bureau, Room
3H166, 4600 Silver Hill Road, Stop
7100, Washington, DC 20233–7100,
telephone (301) 763–9335.
SUPPLEMENTARY INFORMATION:
Background
The government-to-government
relationship with Native American
tribal governments (adopted by previous
administrations) was reaffirmed by
President George W. Bush in a White
House Memorandum dated September
23, 2004. Among other things, this
memorandum directs the heads of
executive agencies to continue to ensure
that, to the greatest extent practicable
and permitted by U.S. law, the agency’s
working relationship with federally
recognized tribal governments fully
respect the rights of self-government
and self-determination due tribal
governments. Pursuant to an earlier
White House Memorandum of April 29,
1994, the DOC adopted an AIAN policy
statement on March 30, 1995. The
Census Bureau is now adopting the
AIAN policy statement set forth in this
notice, which is consistent with the
previously cited Presidential
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Memoranda and the DOC policy
statement.
This final policy statement is
intended only for internal management
purposes and does not create any right,
benefit, or trust responsibility
enforceable against the United States, its
agencies, entities, or instrumentalities,
its officers or employees, or any other
person. The Census Bureau believes that
this final policy statement will
contribute to the accuracy of the 2010
Decennial Census by improving
communications and encouraging
greater cooperation with difficult-tocount populations.
Summary of Comments Received in
Response to the Draft American Indian
and Alaska Native Policy Statement
The Census Bureau published a
Notice and request for comments on a
draft American Indian and Alaska
Native (AIAN) policy statement in the
Federal Register on May 23, 2007—(72
FR 28952). We received 13 comments in
response to the draft AIAN policy
statement. A summary of comments
received and the Census Bureau’s
responses to these comments are
presented below.
(1) One commenter suggested that the
words ‘‘executive orders’’ be inserted in
the Introduction section of the policy
statement. The Census Bureau accepted
this suggestion since it is consistent
with the fundamental principles of the
Federal Government’s government-togovernment relationship with federally
recognized tribes that includes
executive orders issued by the White
House (e.g., Executive Order 13175 of
November 6, 2000—‘‘Consultation and
Coordination with Indian Tribal
Governments’’).
(2) One commenter suggested that the
word ‘‘political’’ be inserted before the
word ‘‘status’’ in the definition of
Federally Recognized Indian Tribes. The
Census Bureau accepted this suggestion
and added the words ‘‘and legal’’ to this
definition since both terms have been
used to describe the relationship
between the United States and AIAN
populations (See, e.g., White House
Memorandum of September 23, 2004—
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’).
(3) One commenter suggested adding
the words ‘‘and individuals’’ to the
definition of Trust Responsibility. The
Census Bureau has determined to delete
this definition from its policy statement
since it does not exercise trust
responsibilities as that term is
commonly used in treaties, statutes,
executive orders, and regulations
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governing the relationship between the
United States and AIAN populations.
(4) Two commenters suggested
inserting the words ‘‘on and off
reservations’’ after the words ‘‘AIAN
areas’’ in proposed Policy Principles No.
2, 5, and 6. For similar reasons, one
commenter suggested inserting the
phrase ‘‘living in AIAN areas on and off
reservations’’ after the word ‘‘resident’’
in proposed Policy Principle No. 8. The
commenter noted that the proposed
policy statement mentions that special
attention will be paid to those living in
an AIAN area. The commenter asked the
Census Bureau to consider the unique
situations of tribal members who do not
live in their tribal membership area or
the geographic AIAN area as that term
is used by the Census Bureau.
‘‘American Indian and Alaska Native
areas’’ are very specialized terms used
by the Census Bureau to describe the
collection of data during decennial
censuses. During Census 2000, this term
was the subject of a single Federal
Register Notice (See, 65 FR 39062). For
the 2010 Census, we will make these
terms the subject of separate Federal
Register Notices (See, 73 FR 14203 and
73 FR 17303). The Census Bureau does
not adopt the suggestion to modify the
term ‘‘AIAN areas’’ since we believe the
generic term is adequate for purposes of
this Policy statement and is likely to
generate less confusion with respect to
the use and meaning of the term in other
Census Bureau notices. However, the
Census Bureau adopts the suggestion to
insert the phrase ‘‘living in AIAN areas’’
after the word ‘‘resident’’ in proposed
Policy Principle No. 8.
(5) A commenter suggested inserting
the words ‘‘and implementation’’ after
the word ‘‘planning’’ in proposed Policy
Principle No. 3. The commenter stated
that Principle No. 3 refers to planning
only and should include tribal
government’s involvement in the
implementation process. The Census
Bureau accepted this suggestion since it
is consistent with the Census Bureau’s
commitment and current practice to
work in partnership with tribal
governments when conducting census
activities within tribal communities.
(6) One commenter suggested that the
following text should be added to
proposed Policy Principle No. 4. ‘‘The
Census Bureau acknowledges the trust
relationship between the federal
government and AIAN tribes as
established by specific statues, treaties,
court decisions, executive orders,
regulations and policies.’’ This
commenter also suggested that proposed
Policy Principle No. 4 should be given
greater prominence by renumbering it as
Policy Principle No. 2. The commenter
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recommends that the Census Bureau
AIAN policy be restated so that it is
consistent with DOC’s AIAN policy and
clarifies the Bureau’s intent to consult
with tribal nations prior to taking any
action affecting tribes. The Census
Bureau adopts these suggestions since
they bring the Census Bureau’s policy in
alignment with the text of the DOC’s
AIAN Policy Statement.
(7) One commenter suggested adding
the words ‘‘tribal protocols’’ after the
word ‘‘distinct’’ to proposed Policy
Principle No. 6 and another suggested
adding the word ‘‘values’’ after the word
‘‘cultural.’’ The commenter stated that
many tribal governments now have
research protocols that govern data
collection on their lands and from tribal
members. Using tribal protocols will
also mean that tribes will be aware of
and plan for Census Bureau count
activities. The Census Bureau accepts
these suggestions since they are
consistent with the other terms found in
proposed Policy Principle No. 6.
(8) One commenter suggested adding
the words ‘‘and work’’ after the word
‘‘consult’’ and the phrase ‘‘and
throughout the planning and
implementation of policy, rules or’’ after
the word ‘‘decisions’’ to proposed
Policy Principle No. 9 and renumber
Policy Principle No. 9 as Policy
Principle No. 3. The commenter stated
further that these changes would make
the Census Bureau AIAN policy
consistent with DOC’s AIAN policy and
clarify the Bureau’s intent to consult
with tribal nations prior to taking any
action affecting tribes. The Census
Bureau adopts these suggestions since
they are consistent with the Bureau’s
current practice regarding collaborative
efforts with AIAN populations and
combining the two principles results in
a more streamlined statement.
(9) A commenter suggested inserting
the words ‘‘or regional or village
corporation’’ after the words ‘‘including
any Alaska Native village’’ in the
definition of Federally Recognized
Indian Tribe. As the basis for this
suggestion, the commenter cited the
definition of Federally recognized tribe
in the Native American Housing
Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.) that
includes the word ‘‘regional’’ and
recognizes as tribes regional
corporations established pursuant to the
Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.). The Census Bureau
does not adopt this suggestion because
the definition in the proposed Policy
Statement is consistent with the text in
the definition for Indian tribe (or tribe)
in the DOC AIAN Policy Statement on
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which the Census Bureau’s Policy
Statement is based.
(10) The Census Bureau received two
comments that were outside the scope
and nature of the AIAN policy
statement. One comment expressed
concern about the Local Update of
Census Addresses (LUCA) program. The
Census Bureau acknowledged the
comment with a formal letter discussing
a Census Bureau program change for the
LUCA program. A second comment
expressed general concerns about the
AIAN policy statement, the LUCA
program, and the AIAN Geographic
Program. The Census Bureau
acknowledged the comment with a
formal letter.
Changes to Draft American Indian and
Alaska Native Policy Statement as a
Result of Public Comments and Further
Agency Review
The Census Bureau makes the
following changes to the draft AIAN
policy statement.
(A) Section I—Introduction
Insert the words ‘‘executive orders’’
after the words ‘‘court decisions’’ so that
the sentence now reads as follows:
‘‘This relationship is based on the
United States Constitution, federal
treaties, policy, law, court decisions,
executive orders, and the on-going
political relationship among tribes and
the federal government. The
relationship results in a federal trust
responsibility to federally recognized
tribal governments.’’
(B) Section II—Definitions
(i) Under the definition of Federally
Recognized Indian Tribe, insert the
words ‘‘political and legal’’ in front of
the word ‘‘status,’’ so that the revised
phrase now reads as follows:
‘‘relationships established by the United
States for indigenous people because of
their political and legal status as AIAN
tribes, Bands, Nations, Pueblos or
communities.’’
(ii) Modify the definition of American
Indian and Alaska Native Tribal
Government to read as follows: ‘‘The
recognized government of an Indian
tribe and any affiliated or component
Band government of such tribe that the
Secretary of the Interior recognizes to be
eligible for the special programs and
services provided by the United States
to Indians because of their status as
Indians by annual notice in the Federal
Register pursuant to the Federally
Recognized Indian Tribe List Act of
1994 (Pub. L. 103–454, 108 Stat. 4791).
The most recent annual notice (‘‘Indian
Entities Recognized and Eligible to
Receive Services from the United States
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Bureau of Indian Affairs’’) was
published in the Federal Register on
April 4, 2008 (73 FR 18553). The Census
Bureau is making this modification to
clarify the process to be used to
determine the tribal entities covered by
the Bureau’s AIAN policy statement.
(C) Section III—Policy Principles
(i) Policy Principle No. 2 is
renumbered as Policy Principle No. 4.
(ii) Under proposed Policy Principle
No. 3, insert the words ‘‘and
implementation’’ after the word
‘‘planning.’’ The principle is
renumbered as Policy Principle No. 5
and now reads as follows:
5. ‘‘The Census Bureau recognizes and
invites tribal governments involvement
in the Census Bureau planning and
implementation for censuses and
surveys toward ensuring the most
accurate counts and data for the AIAN
population.’’
(iii) Under proposed Policy Principle
No. 4, at the beginning of the principle’s
text—insert the following sentence:
‘‘The Census Bureau acknowledges
the trust relationship between the
federal government and AIAN Tribes as
established by specific statutes, treaties,
court decisions, executive orders,
regulations, and policies.’’ Proposed
Policy Principle No. 4 is renumbered as
Policy Principle No. 2 and now reads as
follows:
2. ‘‘The Census Bureau acknowledges
the trust relationship between the
federal government and AIAN Tribes as
established by specific statutes, treaties,
court decisions, executive orders,
regulations, and policies. The Census
Bureau’s procedures for outreach,
notice, and consultation will ensure
involvement of AIAN tribal
governments, to the extent practicable
and permitted by law, before making
decisions or implementing policies,
rules, or programs that affect federally
recognized governments.’’
(iv) Proposed Policy Principle No. 5 is
renumbered as Policy Principle No. 6.
(v) Under proposed Policy Principle
No. 6, insert the words ‘‘tribal
protocols’’ after the word ‘‘distinct’’ and
insert the word ‘‘values’’ after the word
‘‘cultural.’’ Proposed Policy Principal
No. 6 is renumbered as Policy Principle
No. 7 and now reads as follows:
7. ‘‘The Census Bureau recognizes
that there are distinct tribal protocols,
cultural values, practices, religious
beliefs, traditions, climate conditions, as
well as a tribe’s authority over its land
areas that must be considered and
abided by when conducting any census
survey in AIAN areas.’’
(vi) Proposed Policy Principle No. 7 is
renumbered as Policy Principle No. 8.
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(vii) Under proposed Policy Principle
No. 8, insert the phrase ‘‘living in AIAN
areas’’ after the word ‘‘resident.’’
Proposed Policy Principle No. 8 is
renumbered as Policy Principle No. 9
and now reads as follows:
9. ‘‘The Census Bureau acknowledges
its responsibility to provide accurate
demographic and economic data on
AIAN populations and their businesses.
The Census Bureau will work with
tribal governments and other partners to
encourage the participation of every
resident living in AIAN areas.
(viii). Under proposed Policy
Principle No. 9:
(a) Insert the words ‘‘and work’’ after
the word ‘‘consult.’’
(b) Add the phrase ‘‘and throughout
the planning and implementation of
policy, rules or’’ after the word
‘‘decisions.’’
(c) Renumber this Policy Principle as
Policy Principle No. 3. This principle
now reads as follows:
3. ‘‘The Census Bureau will consult
and work with AIAN tribal governments
before making decisions and throughout
the planning and implementation of
policy, rules, or programs that may
affect tribes to ensure that tribal rights
and concerns are addressed.
Consultation will provide, but is not
limited to, mutually agreed-upon
protocols for timely communication,
coordination, cooperation, and
collaboration.’’
American Indian and Alaska Native
Policy of the U.S. Census Bureau
Introduction
The U.S. Census Bureau hereby
proclaims its American Indian and
Alaska Native (AIAN) policy. This
Policy outlines the principles to be
followed in all Census Bureau
interactions with federally recognized
AIAN tribal governments. It reaffirms
the unique government-to-government
relationship that exists between AIAN
tribal governments and the Census
Bureau.
This relationship is based on the
United States Constitution, federal
treaties, policy, law, court decisions,
executive orders, and the ongoing
political relationship among tribes and
the Federal Government. The
relationship results in a federal trust
responsibility to federally recognized
tribal governments.
The foundation for this policy
statement is the White House
Memorandum of September 23, 2004,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ and the AIAN policy of
the U.S. Department of Commerce of
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64599
March 30, 1995. This policy is for
internal management only and does not
grant or vest any right to any party in
respect to any federal action not
otherwise granted or vested by existing
law or regulations.
Definitions
Federally Recognized Indian Tribe:
Any AIAN, Band, Nation, Pueblo, or
other organized group or community,
including any Alaska Native village, as
defined or established pursuant to the
Alaska Native Claims Settlement Act
(Title 43, United States Code (U.S.C.),
Chapter 33, Section 1601 et seq.),
acknowledged by the Federal
Government to constitute a tribe with a
government-to-government relationship
with the United States and eligible for
the programs, services, and other
relationships established by the United
States for indigenous people because of
their political and legal status as AIAN
tribes, Bands, Nations, Pueblos, or
communities.
American Indian and Alaska Native
Tribal Government: The recognized
government of an Indian tribe and any
affiliated or component Band
government of such tribe that the
Secretary of the Interior recognizes to be
eligible for the special programs and
services provided by the United States
to Indians because of their status as
Indians by annual notice in the Federal
Register pursuant to the Federally
Recognized Indian Tribe List Act of
1994 (Pub. L. 103–454, 108 Stat. 4791).
The most recent annual notice (‘‘Indian
Entities Recognized and Eligible to
Receive Services from the United States
Bureau of Indian Affairs’’) was
published in the Federal Register on
April 4, 2008 (73 FR 18553).
Policy Principles
The following policy statements
provide general guidelines to Census
Bureau employees for actions dealing
with AIAN governments.
(1) The Census Bureau recognizes the
unique government-to-government
relationship between the United States
and federally recognized AIAN tribal
governments, as affirmed by the
September 23, 2004, White House
Memorandum for the Heads of
Executive Departments and Agencies
and the AIAN policy of the DOC.
(2) The Census Bureau acknowledges
the trust relationship between the
federal government and AIAN tribes as
established by specific statutes, treaties,
court decisions, executive orders,
regulation, and policies. The Census
Bureau’s procedures for outreach,
notice, and consultation will ensure
involvement of AIAN tribal
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governments, to the extent practicable
and permitted by law, before making
decisions or implementing policies,
rules, or programs that affect federally
recognized tribal governments.
(3) The Census Bureau will consult
and work with AIAN tribal governments
before making decisions and throughout
the planning and implementation of
policy, rules, or programs that may
affect tribes to ensure that tribal rights
and concerns are addressed.
Consultation will provide for, but is not
limited to, mutually agreed-upon
protocols for timely communication,
coordination, cooperation, and
collaboration.
(4) The Census Bureau recognizes
each tribal government as a functioning
governing body that the Census Bureau
will work with to count and collect
data, as accurately as possible, of all
residents living in AIAN areas.
(5) The Census Bureau recognizes and
invites tribal governments’ involvement
in the Census Bureau planning and
implementation for censuses and
surveys toward ensuring the most
accurate counts and data for the AIAN
population.
(6) The Census Bureau will continue
its partnerships with tribal governments
to enhance awareness of all censuses,
surveys, and geography programs,
particularly those including residents
living in AIAN areas.
(7) The Census Bureau recognizes that
there are distinct tribal protocols,
cultural values, practices, religious
beliefs, traditions, and climate
conditions, as well as a tribe’s authority
over its land areas, that must be
considered and abided by when
conducting any census or survey in
AIAN areas.
(8) The Census Bureau recognizes the
importance of effective and efficient
coordination with other federal agencies
in the planning process of any census or
survey that will include AIAN tribal
governments.
(9) The Census Bureau acknowledges
its responsibility to provide accurate
demographic and economic data on
AIAN populations and their businesses.
The Census Bureau will work with
tribal governments and other partners to
encourage the participation of every
resident living in AIAN areas.
Therefore, the Director of the Census
Bureau hereby directs all directorates
and their components (divisions,
branches, and offices) to implement this
policy by incorporating all of the above
principles in their interactions with
federally recognized AIAN tribal
governments.
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Executive Order 12866
This Notice has been determined to be
not significant under Executive Order
12866.
Dated: October 21, 2008.
Steve H. Murdock,
Director, Bureau of the Census.
[FR Doc. E8–25848 Filed 10–29–08; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
[Docket 54–2008]
Foreign–Trade Zone 38 – Spartanburg,
South Carolina
Application for Subzone Status adidas
Sales, Inc.
(Athletic Footwear and Apparel
Distribution)
An application has been submitted to
the Foreign–Trade Zones Board (the
Board) by the South Carolina State Ports
Authority, grantee of FTZ 38, requesting
special–purpose subzone status for the
footwear and apparel warehousing and
distribution facility of adidas Sales, Inc.
(adidas), located in Spartanburg, South
Carolina. The application was submitted
pursuant to the provisions of the
Foreign–Trade Zones Act, as amended
(19 U.S.C. 81a–81u), and the regulations
of the Board (15 CFR part 400). It was
formally filed on October 20, 2008.
The adidas facility (1,959,293 sq. ft.
/251 acres, 1,300 employees) is located
at 685 Cedar Crest Road, Spartanburg,
South Carolina. The facility is used for
warehousing and distribution of
foreign– origin apparel for the U.S.
market and export. FTZ procedures
would be utilized to support adidas’
U.S.–based distribution activity.
Finished apparel products to be
admitted to the proposed subzone for
distribution would include men’s, boys’,
women’s and girls’ shoes, coats, suits,
blouses, shirts, tops, jumpers,
underwear, hosiery, pajamas, athletic
wear, scarves, shawls, mufflers, gloves/
mittens, and infants’ apparel. Certain
textile fabrics (wool, cotton, man–made
fiber) would also be distributed from the
proposed subzone. Additional products
that would be admitted to the proposed
subzone for distribution are umbrellas,
various instruments, sporting goods,
sunglasses, cameras, jewelry, plates,
leather goods, boxes, cases and paints.
All foreign–origin apparel and textile
products that are subject to quotas will
be admitted to the proposed subzone
under privileged foreign status (19 CFR
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§ 146.41) or domestic (duty paid) status
(19 CFR § 146.43). The applicant is not
seeking manufacturing or processing
authority with this request.
FTZ procedures would exempt adidas
from customs duty payments on foreign
products that are re–exported (about 2%
of shipments). On domestic sales, duty
payments would be deferred until the
foreign merchandise is shipped from the
facility and entered for U.S.
consumption. Certain logistical/supply
chain management savings would also
be realized through subzone status. The
application indicates that the savings
from FTZ procedures would help
improve the facility’s international
competitiveness.
In accordance with the Board’s
regulations, Claudia Hausler of the FTZ
Staff is designated examiner to
investigate the application and report to
the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address below. The closing period for
their receipt is December 29, 2008.
Rebuttal comments in response to
material submitted during the foregoing
period may be submitted during the
subsequent 15–day period to January 13,
2009.
A copy of the application and
accompanying exhibits will be available
for public inspection at each of the
following locations: Greenville U.S.
Department of Commerce Export
Assistance Center, Buck Mickel Center
at Greenville Technical College, 216 S.
Pleasantburg Drive, Suite 243,
Greenville, South Carolina; and, Office
of the Executive Secretary, Foreign–
Trade Zones Board, Room 2111, U.S.
Department of Commerce, 1401
Constitution Avenue, NW, Washington,
DC 20230–0002. For further
information, contact Claudia Hausler at
ClaudialHausler@ita.doc.gov, or (202)
482–1379.
Dated: October 22, 2008.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8–25950 Filed 10–29–08; 8:45 am]
BILLING CODE 3510–DS–S
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]]>Agencies
[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Notices]
[Pages 64597-64600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25848]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of the Census
[Docket Number 070404074-8894-03]
American Indian and Alaska Native Policy Statement
AGENCY: Bureau of the Census, Department of Commerce.
ACTION: Notice of final policy statement.
-----------------------------------------------------------------------
SUMMARY: In preparation for the 2010 Census, the Bureau of the Census
(Census Bureau) adopts the following American Indian and Alaska Native
(AIAN) policy statement. This final policy outlines the principles to
be followed in all Census Bureau interactions with federally recognized
AIAN tribal governments. The policy affirms the unique government-to-
government relationship that exists between AIAN tribal governments and
the Census Bureau and is consistent with the AIAN policy statement
adopted by the Department of Commerce (DOC) on March 30, 1995. The
adoption of this policy satisfies a long-standing request from AIAN
populations, and the Census Bureau believes it will encourage and
facilitate greater cooperation from these populations during decennial
censuses and help us to better communicate with and enumerate this
difficult-to-count population. This Notice also summarizes comments
received on the draft AIAN policy statement published in the Federal
Register on May 23, 2007 (72 FR 28952) and the Census Bureau's response
to these comments. The policy statement adopted in this Notice differs
from the proposed policy statement as follows: (a) The Introduction
section was modified in response to comments received; (b) the
definition of Federally Recognized Indian Tribe was modified in
response to comments; (c) the definition of trust responsibility was
deleted after agency review; (d) the definition of American Indian or
Alaska Native Tribal Government was modified after agency review; (e)
proposed Policy Principle No. 2 is renumbered as Policy Principle No.
4; (f) proposed Policy Principle No. 3 is renumbered as Policy
Principle No. 5; (g) proposed Policy Principle No. 4 was modified in
response to comments and is renumbered as Policy Principle No. 2; (h)
proposed Policy Principle No. 5 is renumbered as Policy Principle No.
6; (i) proposed Policy Principle No. 6 was modified in response to
comments and is renumbered as Policy Principle No. 7; (j) proposed
Policy Principle No. 7 is renumbered as Policy Principle No. 8; (k)
proposed Policy Principle No. 8 is renumbered as Policy Principle No.
9; and (l) proposed Policy Principle No. 9 was modified in response to
comments and is renumbered as Policy Principle No. 3.
DATES: Effective Date: This final policy will be effective on December
1, 2008.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the final policy should be directed to Dee Alexander, Program
Analyst, Decennial Management Division, Outreach and Promotions Branch,
U.S. Census Bureau, Room 3H166, 4600 Silver Hill Road, Stop 7100,
Washington, DC 20233-7100, telephone (301) 763-9335.
SUPPLEMENTARY INFORMATION:
Background
The government-to-government relationship with Native American
tribal governments (adopted by previous administrations) was reaffirmed
by President George W. Bush in a White House Memorandum dated September
23, 2004. Among other things, this memorandum directs the heads of
executive agencies to continue to ensure that, to the greatest extent
practicable and permitted by U.S. law, the agency's working
relationship with federally recognized tribal governments fully respect
the rights of self-government and self-determination due tribal
governments. Pursuant to an earlier White House Memorandum of April 29,
1994, the DOC adopted an AIAN policy statement on March 30, 1995. The
Census Bureau is now adopting the AIAN policy statement set forth in
this notice, which is consistent with the previously cited Presidential
Memoranda and the DOC policy statement.
This final policy statement is intended only for internal
management purposes and does not create any right, benefit, or trust
responsibility enforceable against the United States, its agencies,
entities, or instrumentalities, its officers or employees, or any other
person. The Census Bureau believes that this final policy statement
will contribute to the accuracy of the 2010 Decennial Census by
improving communications and encouraging greater cooperation with
difficult-to-count populations.
Summary of Comments Received in Response to the Draft American Indian
and Alaska Native Policy Statement
The Census Bureau published a Notice and request for comments on a
draft American Indian and Alaska Native (AIAN) policy statement in the
Federal Register on May 23, 2007--(72 FR 28952). We received 13
comments in response to the draft AIAN policy statement. A summary of
comments received and the Census Bureau's responses to these comments
are presented below.
(1) One commenter suggested that the words ``executive orders'' be
inserted in the Introduction section of the policy statement. The
Census Bureau accepted this suggestion since it is consistent with the
fundamental principles of the Federal Government's government-to-
government relationship with federally recognized tribes that includes
executive orders issued by the White House (e.g., Executive Order 13175
of November 6, 2000--``Consultation and Coordination with Indian Tribal
Governments'').
(2) One commenter suggested that the word ``political'' be inserted
before the word ``status'' in the definition of Federally Recognized
Indian Tribes. The Census Bureau accepted this suggestion and added the
words ``and legal'' to this definition since both terms have been used
to describe the relationship between the United States and AIAN
populations (See, e.g., White House Memorandum of September 23, 2004--
``Government-to-Government Relations with Native American Tribal
Governments'').
(3) One commenter suggested adding the words ``and individuals'' to
the definition of Trust Responsibility. The Census Bureau has
determined to delete this definition from its policy statement since it
does not exercise trust responsibilities as that term is commonly used
in treaties, statutes, executive orders, and regulations
[[Page 64598]]
governing the relationship between the United States and AIAN
populations.
(4) Two commenters suggested inserting the words ``on and off
reservations'' after the words ``AIAN areas'' in proposed Policy
Principles No. 2, 5, and 6. For similar reasons, one commenter
suggested inserting the phrase ``living in AIAN areas on and off
reservations'' after the word ``resident'' in proposed Policy Principle
No. 8. The commenter noted that the proposed policy statement mentions
that special attention will be paid to those living in an AIAN area.
The commenter asked the Census Bureau to consider the unique situations
of tribal members who do not live in their tribal membership area or
the geographic AIAN area as that term is used by the Census Bureau.
``American Indian and Alaska Native areas'' are very specialized terms
used by the Census Bureau to describe the collection of data during
decennial censuses. During Census 2000, this term was the subject of a
single Federal Register Notice (See, 65 FR 39062). For the 2010 Census,
we will make these terms the subject of separate Federal Register
Notices (See, 73 FR 14203 and 73 FR 17303). The Census Bureau does not
adopt the suggestion to modify the term ``AIAN areas'' since we believe
the generic term is adequate for purposes of this Policy statement and
is likely to generate less confusion with respect to the use and
meaning of the term in other Census Bureau notices. However, the Census
Bureau adopts the suggestion to insert the phrase ``living in AIAN
areas'' after the word ``resident'' in proposed Policy Principle No. 8.
(5) A commenter suggested inserting the words ``and
implementation'' after the word ``planning'' in proposed Policy
Principle No. 3. The commenter stated that Principle No. 3 refers to
planning only and should include tribal government's involvement in the
implementation process. The Census Bureau accepted this suggestion
since it is consistent with the Census Bureau's commitment and current
practice to work in partnership with tribal governments when conducting
census activities within tribal communities.
(6) One commenter suggested that the following text should be added
to proposed Policy Principle No. 4. ``The Census Bureau acknowledges
the trust relationship between the federal government and AIAN tribes
as established by specific statues, treaties, court decisions,
executive orders, regulations and policies.'' This commenter also
suggested that proposed Policy Principle No. 4 should be given greater
prominence by renumbering it as Policy Principle No. 2. The commenter
recommends that the Census Bureau AIAN policy be restated so that it is
consistent with DOC's AIAN policy and clarifies the Bureau's intent to
consult with tribal nations prior to taking any action affecting
tribes. The Census Bureau adopts these suggestions since they bring the
Census Bureau's policy in alignment with the text of the DOC's AIAN
Policy Statement.
(7) One commenter suggested adding the words ``tribal protocols''
after the word ``distinct'' to proposed Policy Principle No. 6 and
another suggested adding the word ``values'' after the word
``cultural.'' The commenter stated that many tribal governments now
have research protocols that govern data collection on their lands and
from tribal members. Using tribal protocols will also mean that tribes
will be aware of and plan for Census Bureau count activities. The
Census Bureau accepts these suggestions since they are consistent with
the other terms found in proposed Policy Principle No. 6.
(8) One commenter suggested adding the words ``and work'' after the
word ``consult'' and the phrase ``and throughout the planning and
implementation of policy, rules or'' after the word ``decisions'' to
proposed Policy Principle No. 9 and renumber Policy Principle No. 9 as
Policy Principle No. 3. The commenter stated further that these changes
would make the Census Bureau AIAN policy consistent with DOC's AIAN
policy and clarify the Bureau's intent to consult with tribal nations
prior to taking any action affecting tribes. The Census Bureau adopts
these suggestions since they are consistent with the Bureau's current
practice regarding collaborative efforts with AIAN populations and
combining the two principles results in a more streamlined statement.
(9) A commenter suggested inserting the words ``or regional or
village corporation'' after the words ``including any Alaska Native
village'' in the definition of Federally Recognized Indian Tribe. As
the basis for this suggestion, the commenter cited the definition of
Federally recognized tribe in the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) that
includes the word ``regional'' and recognizes as tribes regional
corporations established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.). The Census Bureau does not
adopt this suggestion because the definition in the proposed Policy
Statement is consistent with the text in the definition for Indian
tribe (or tribe) in the DOC AIAN Policy Statement on which the Census
Bureau's Policy Statement is based.
(10) The Census Bureau received two comments that were outside the
scope and nature of the AIAN policy statement. One comment expressed
concern about the Local Update of Census Addresses (LUCA) program. The
Census Bureau acknowledged the comment with a formal letter discussing
a Census Bureau program change for the LUCA program. A second comment
expressed general concerns about the AIAN policy statement, the LUCA
program, and the AIAN Geographic Program. The Census Bureau
acknowledged the comment with a formal letter.
Changes to Draft American Indian and Alaska Native Policy Statement as
a Result of Public Comments and Further Agency Review
The Census Bureau makes the following changes to the draft AIAN
policy statement.
(A) Section I--Introduction
Insert the words ``executive orders'' after the words ``court
decisions'' so that the sentence now reads as follows: ``This
relationship is based on the United States Constitution, federal
treaties, policy, law, court decisions, executive orders, and the on-
going political relationship among tribes and the federal government.
The relationship results in a federal trust responsibility to federally
recognized tribal governments.''
(B) Section II--Definitions
(i) Under the definition of Federally Recognized Indian Tribe,
insert the words ``political and legal'' in front of the word
``status,'' so that the revised phrase now reads as follows:
``relationships established by the United States for indigenous people
because of their political and legal status as AIAN tribes, Bands,
Nations, Pueblos or communities.''
(ii) Modify the definition of American Indian and Alaska Native
Tribal Government to read as follows: ``The recognized government of an
Indian tribe and any affiliated or component Band government of such
tribe that the Secretary of the Interior recognizes to be eligible for
the special programs and services provided by the United States to
Indians because of their status as Indians by annual notice in the
Federal Register pursuant to the Federally Recognized Indian Tribe List
Act of 1994 (Pub. L. 103-454, 108 Stat. 4791). The most recent annual
notice (``Indian Entities Recognized and Eligible to Receive Services
from the United States
[[Page 64599]]
Bureau of Indian Affairs'') was published in the Federal Register on
April 4, 2008 (73 FR 18553). The Census Bureau is making this
modification to clarify the process to be used to determine the tribal
entities covered by the Bureau's AIAN policy statement.
(C) Section III--Policy Principles
(i) Policy Principle No. 2 is renumbered as Policy Principle No. 4.
(ii) Under proposed Policy Principle No. 3, insert the words ``and
implementation'' after the word ``planning.'' The principle is
renumbered as Policy Principle No. 5 and now reads as follows:
5. ``The Census Bureau recognizes and invites tribal governments
involvement in the Census Bureau planning and implementation for
censuses and surveys toward ensuring the most accurate counts and data
for the AIAN population.''
(iii) Under proposed Policy Principle No. 4, at the beginning of
the principle's text--insert the following sentence:
``The Census Bureau acknowledges the trust relationship between the
federal government and AIAN Tribes as established by specific statutes,
treaties, court decisions, executive orders, regulations, and
policies.'' Proposed Policy Principle No. 4 is renumbered as Policy
Principle No. 2 and now reads as follows:
2. ``The Census Bureau acknowledges the trust relationship between
the federal government and AIAN Tribes as established by specific
statutes, treaties, court decisions, executive orders, regulations, and
policies. The Census Bureau's procedures for outreach, notice, and
consultation will ensure involvement of AIAN tribal governments, to the
extent practicable and permitted by law, before making decisions or
implementing policies, rules, or programs that affect federally
recognized governments.''
(iv) Proposed Policy Principle No. 5 is renumbered as Policy
Principle No. 6.
(v) Under proposed Policy Principle No. 6, insert the words
``tribal protocols'' after the word ``distinct'' and insert the word
``values'' after the word ``cultural.'' Proposed Policy Principal No. 6
is renumbered as Policy Principle No. 7 and now reads as follows:
7. ``The Census Bureau recognizes that there are distinct tribal
protocols, cultural values, practices, religious beliefs, traditions,
climate conditions, as well as a tribe's authority over its land areas
that must be considered and abided by when conducting any census survey
in AIAN areas.''
(vi) Proposed Policy Principle No. 7 is renumbered as Policy
Principle No. 8.
(vii) Under proposed Policy Principle No. 8, insert the phrase
``living in AIAN areas'' after the word ``resident.'' Proposed Policy
Principle No. 8 is renumbered as Policy Principle No. 9 and now reads
as follows:
9. ``The Census Bureau acknowledges its responsibility to provide
accurate demographic and economic data on AIAN populations and their
businesses. The Census Bureau will work with tribal governments and
other partners to encourage the participation of every resident living
in AIAN areas.
(viii). Under proposed Policy Principle No. 9:
(a) Insert the words ``and work'' after the word ``consult.''
(b) Add the phrase ``and throughout the planning and implementation
of policy, rules or'' after the word ``decisions.''
(c) Renumber this Policy Principle as Policy Principle No. 3. This
principle now reads as follows:
3. ``The Census Bureau will consult and work with AIAN tribal
governments before making decisions and throughout the planning and
implementation of policy, rules, or programs that may affect tribes to
ensure that tribal rights and concerns are addressed. Consultation will
provide, but is not limited to, mutually agreed-upon protocols for
timely communication, coordination, cooperation, and collaboration.''
American Indian and Alaska Native Policy of the U.S. Census Bureau
Introduction
The U.S. Census Bureau hereby proclaims its American Indian and
Alaska Native (AIAN) policy. This Policy outlines the principles to be
followed in all Census Bureau interactions with federally recognized
AIAN tribal governments. It reaffirms the unique government-to-
government relationship that exists between AIAN tribal governments and
the Census Bureau.
This relationship is based on the United States Constitution,
federal treaties, policy, law, court decisions, executive orders, and
the ongoing political relationship among tribes and the Federal
Government. The relationship results in a federal trust responsibility
to federally recognized tribal governments.
The foundation for this policy statement is the White House
Memorandum of September 23, 2004, ``Government-to-Government Relations
with Native American Tribal Governments'' and the AIAN policy of the
U.S. Department of Commerce of March 30, 1995. This policy is for
internal management only and does not grant or vest any right to any
party in respect to any federal action not otherwise granted or vested
by existing law or regulations.
Definitions
Federally Recognized Indian Tribe: Any AIAN, Band, Nation, Pueblo,
or other organized group or community, including any Alaska Native
village, as defined or established pursuant to the Alaska Native Claims
Settlement Act (Title 43, United States Code (U.S.C.), Chapter 33,
Section 1601 et seq.), acknowledged by the Federal Government to
constitute a tribe with a government-to-government relationship with
the United States and eligible for the programs, services, and other
relationships established by the United States for indigenous people
because of their political and legal status as AIAN tribes, Bands,
Nations, Pueblos, or communities.
American Indian and Alaska Native Tribal Government: The recognized
government of an Indian tribe and any affiliated or component Band
government of such tribe that the Secretary of the Interior recognizes
to be eligible for the special programs and services provided by the
United States to Indians because of their status as Indians by annual
notice in the Federal Register pursuant to the Federally Recognized
Indian Tribe List Act of 1994 (Pub. L. 103-454, 108 Stat. 4791). The
most recent annual notice (``Indian Entities Recognized and Eligible to
Receive Services from the United States Bureau of Indian Affairs'') was
published in the Federal Register on April 4, 2008 (73 FR 18553).
Policy Principles
The following policy statements provide general guidelines to
Census Bureau employees for actions dealing with AIAN governments.
(1) The Census Bureau recognizes the unique government-to-
government relationship between the United States and federally
recognized AIAN tribal governments, as affirmed by the September 23,
2004, White House Memorandum for the Heads of Executive Departments and
Agencies and the AIAN policy of the DOC.
(2) The Census Bureau acknowledges the trust relationship between
the federal government and AIAN tribes as established by specific
statutes, treaties, court decisions, executive orders, regulation, and
policies. The Census Bureau's procedures for outreach, notice, and
consultation will ensure involvement of AIAN tribal
[[Page 64600]]
governments, to the extent practicable and permitted by law, before
making decisions or implementing policies, rules, or programs that
affect federally recognized tribal governments.
(3) The Census Bureau will consult and work with AIAN tribal
governments before making decisions and throughout the planning and
implementation of policy, rules, or programs that may affect tribes to
ensure that tribal rights and concerns are addressed. Consultation will
provide for, but is not limited to, mutually agreed-upon protocols for
timely communication, coordination, cooperation, and collaboration.
(4) The Census Bureau recognizes each tribal government as a
functioning governing body that the Census Bureau will work with to
count and collect data, as accurately as possible, of all residents
living in AIAN areas.
(5) The Census Bureau recognizes and invites tribal governments'
involvement in the Census Bureau planning and implementation for
censuses and surveys toward ensuring the most accurate counts and data
for the AIAN population.
(6) The Census Bureau will continue its partnerships with tribal
governments to enhance awareness of all censuses, surveys, and
geography programs, particularly those including residents living in
AIAN areas.
(7) The Census Bureau recognizes that there are distinct tribal
protocols, cultural values, practices, religious beliefs, traditions,
and climate conditions, as well as a tribe's authority over its land
areas, that must be considered and abided by when conducting any census
or survey in AIAN areas.
(8) The Census Bureau recognizes the importance of effective and
efficient coordination with other federal agencies in the planning
process of any census or survey that will include AIAN tribal
governments.
(9) The Census Bureau acknowledges its responsibility to provide
accurate demographic and economic data on AIAN populations and their
businesses. The Census Bureau will work with tribal governments and
other partners to encourage the participation of every resident living
in AIAN areas.
Therefore, the Director of the Census Bureau hereby directs all
directorates and their components (divisions, branches, and offices) to
implement this policy by incorporating all of the above principles in
their interactions with federally recognized AIAN tribal governments.
Executive Order 12866
This Notice has been determined to be not significant under
Executive Order 12866.
Dated: October 21, 2008.
Steve H. Murdock,
Director, Bureau of the Census.
[FR Doc. E8-25848 Filed 10-29-08; 8:45 am]
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