American Indian Areas (AIAs) Program for the 2010 Census-Notice of Final Criteria and Guidelines, 67470-67482 [E8-27119]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of the Census
• Census Bureau

[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 https://www.census.gov/geo/www/bas/bashome.html.
    The BAS User's Guide for federally recognized tribes is available 
at https://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 C