Coronavirus Relief Fund Frequently Asked Questions on Tribal Population — June 4, 2020

Summary

This Coronavirus Relief Fund Frequently Asked Questions on Tribal Population, dated June 4, 2020, explains why Treasury allocated funding based on Tribal population using the Decennial Census total American Indian Alaskan Native (AIAN) data used by the Department of Housing and Urban Development in its Indian Housing Block Grant Program (IHBG). It says Treasury made the determination that these data are the most consistent and reliable metric for allocating payments to Tribal governments, and that using them provides consistency with the Population Estimates Program data used for state and local governments under the CARES Act. It also says Treasury requested population data from HUD for three federally-recognized Indian Tribes not included in the IHBG data, the Mohegan Tribe of Indians of Connecticut, Prairie Island Indian Community, and Chicken Ranch Rancheria of Me-Wuk Indians.

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                                       Coronavirus Relief Fund
                            Frequently Asked Questions on Tribal Population
                                             June 4, 2020


Why did Treasury allocate funding based on Tribal population using the Decennial Census
total American Indian Alaskan Native (AIAN) data used by the Department of Housing
and Urban Development (HUD) in its Indian Housing Block Grant Program (IHBG)?

Treasury used the Decennial Census data on AIAN population that is used in the IHBG program
after making the determination that it is the most consistent and reliable metric on which to base
the allocation of payments to Tribal governments. The methodology for calculating population
for the IHBG formula was developed through negotiated rulemaking with tribes in the mid-
1990s and has been reconsidered over the years, including a negotiated rulemaking session that
concluded in 2016. Using these data, which are updated annually using the Census Bureau’s
Population Estimates Program (PEP) to reflect demographic shifts that have occurred at the
county level, provides consistency between Tribal governments and states and local
governments. Treasury used PEP data to allocate funding to the state and local governments
under the CARES Act. Tribal governments are familiar with these data, and have had the
opportunity to challenge them in the past. Finally, the data has been used in other funding
formulas that disburse payments to tribes.1

What population data did Treasury use for Indian Tribes not included in the IHBG
population data?

Treasury requested population data from HUD for the three federally-recognized Indian Tribes
that are not included in the IHBG population data. Those Indian Tribes are: Mohegan Tribe of
Indians of Connecticut, Prairie Island Indian Community, and Chicken Ranch Rancheria of Me-
Wuk Indians.2

Although they do not participate in the IHBG program, these tribes do have Decennial Census
data attributed to their defined formula areas under the IHBG program. HUD provided the
following population figures for each of the tribes by applying the PEP adjustments in the same
manner as is done for tribes that do participate in the IHBG program.

               Tribe     Single Race            Multi Race
          Chicken Ranch        1                     1
          Mohegan             28                    32
          Prairie Island     195                   219

Treasury used this data in the allocation methodology.


1
  For example, the funding formula under the Tribal Transportation Program, established to address the
transportation needs of Tribal governments throughout the United States, is calculated, in part, using the same
Decennial Census AIAN population used in the IHBG program. See 23 U.S.C. 202(b)(3)(B).
2
  These tribes formally withdrew from the IHBG program and asked HUD not to be included in the IHBG formula
allocation.

                                                        1
Why did Treasury not use the tribal enrollment data as a proxy for population data?

Tribal enrollment does not provide a consistent measure of tribal population across tribes. Tribal
enrollment criteria are set forth in tribal constitutions, articles of incorporation, or ordinances,
and vary from tribe to tribe.3 Additionally, tribal enrollment data does not necessarily
distinguish between members living within the tribal area from those living outside the tribal
area. Instead, “formula areas”, as incorporated in the IHBG population data, correspond broadly
with the area of a Tribal government’s jurisdiction, where it provides services, and include
adjustments to address overlapping jurisdictions.

Our tribe’s enrollment data is substantially larger than the Decennial Census AIAN
population data. Can you explain the difference?

The IHBG program population count is tied to each tribe’s formula area – a specific geographic
area attributed to each tribe. Because tribal enrollment does not necessarily distinguish between
those living inside and outside of the tribal area, tribal enrollment can significantly differ from
the Decennial Census AIAN population data used in the IHBG program.

Why did Treasury not use the population estimates from the American Community Survey
(ACS) data?

Treasury did not use ACS population data because the ACS sampling and weighting is based at
the county level and since tribal areas are sub-county entities, the tribal population can fluctuate
substantially from year-to-year.




3
    https://www.doi.gov/tribes/enrollment.

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