[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Notices]
[Pages 64597-64600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25848]
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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.
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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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