[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Notices]
[Pages 33776-33777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14352]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[CBP Dec. 11-14]


Western Hemisphere Travel Initiative: Designation of an Approved 
Native American Tribal Card Issued by the Pascua Yaqui Tribe as an 
Acceptable Document To Denote Identity and Citizenship

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: Notice.

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SUMMARY: This notice announces that the Commissioner of U.S. Customs 
and Border Protection is designating an approved Native American Tribal 
Card issued by the Pascua Yaqui Tribe to U.S. citizens as an acceptable 
travel document for purposes of the Western Hemisphere Travel 
Initiative. The approved card may be used to denote identity and U.S. 
citizenship of Pascua Yaqui members entering the United States from 
contiguous territory or adjacent islands at land and sea ports of 
entry.

DATES: This designation will become effective on June 9, 2011.

FOR FURTHER INFORMATION CONTACT: Colleen Manaher, U.S. Customs and 
Border Protection, 1300 Pennsylvania Avenue, NW., Washington, DC 20229, 
202-344-3003.

SUPPLEMENTARY INFORMATION: 

Background

The Western Hemisphere Travel Initiative

    Section 7209 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (IRTPA), Public Law 108-458, as amended, required the 
Secretary of Homeland Security (Secretary), in consultation with the 
Secretary of State, to develop and implement a plan to require U.S. 
citizens and Bermudian, Canadian, and Mexican nationals to present a 
passport or other document or combination of documents as the Secretary 
deems sufficient to denote identity and citizenship for all travel into 
the United States. See 8 U.S.C. 1185 note. On April 3, 2008, the 
Department of Homeland Security (DHS) and the Department of State 
promulgated a joint final rule, effective on June 1, 2009, that 
implemented the plan known as the Western Hemisphere Travel Initiative 
(WHTI) at U.S. land and sea ports of entry. See 73 FR 18384 (the WHTI 
land and sea final rule). It amended, among other sections of the Code 
of Federal Regulations (CFR), 8 CFR 212.0, 212.1, and 235.1. The WHTI 
land and sea final rule specifies the documents that U.S. citizens and 
nonimmigrant aliens from Canada, Bermuda, and Mexico are required to 
present when entering the United States at land and sea ports of entry.
    Under the WHTI land and sea final rule, one type of citizenship and 
identity document that may be presented upon entry to the United States 
at land and sea ports of entry from contiguous territory or adjacent 
islands \1\ is a Native American Tribal Card that has been designated 
as an acceptable document to denote identity and citizenship by the 
Secretary, pursuant to section 7209 of IRTPA. Specifically, 8 CFR 
235.1(e), as amended by the WHTI land and sea final rule, states:
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    \1\ ``Adjacent islands'' is defined in 8 CFR 212.0 as ``Bermuda 
and the islands located in the Caribbean Sea, except Cuba.'' This 
definition applies to 8 CFR 212.1 and 235.1.

    Upon designation by the Secretary of Homeland Security of a 
United States qualifying Tribal entity document as an acceptable 
document to denote identity and citizenship for the purposes of 
entering the United States, Native Americans may be permitted to 
present Tribal cards upon entering or seeking admission to the 
United States according to the terms of the voluntary agreement 
entered between the Secretary of Homeland Security and the Tribe. 
The Secretary of Homeland Security will announce, by publication of 
a notice in the Federal Register, documents designated under this 
paragraph. A list of the documents designated under this paragraph 
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will also be made available to the public.

A ``United States qualifying Tribal entity'' is defined as a ``Tribe, 
band, or other group of Native Americans formally recognized by the 
United States Government which agrees to meet WHTI document 
standards.'' \2\ Native American Tribal cards are also referenced in 8 
CFR 235.1(b) which lists the documents U.S. citizens may use to 
establish identity and citizenship when entering the United States. See 
8 CFR 235.1(b)(7).
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    \2\ See 8 CFR 212.0. This definition applies to 8 CFR 212.1 and 
235.1.
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    The Secretary has delegated to the Commissioner of CBP the 
authority to designate certain documents as acceptable border crossing 
documents for persons arriving in the United States by land or sea from 
within the Western Hemisphere, including certain United States Native 
American Tribal cards. See DHS Delegation Number 7105 (Revision 00), 
dated January 16, 2009.

Tribal Card Program

    The WHTI land and sea final rule allowed U.S. Federally recognized 
Native American Tribes to work with CBP to enter into agreements to 
develop Tribal ID cards that can be designated as acceptable to 
establish identity and citizenship when entering the United States at 
land and sea ports of entry from contiguous territory or adjacent 
islands. CBP has been working with various U.S. Federally recognized 
Native American Tribes to facilitate the development of such cards.\3\ 
As part of the process, CBP will enter into one or more agreements with 
a U.S. Federally recognized Tribe that specify the requirements for 
developing and issuing WHTI-compliant Tribal cards, including

[[Page 33777]]

a testing and auditing process to ensure that the cards are produced 
and issued in accordance with the terms of the agreements.
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    \3\ The Native American Tribal cards qualifying to be a WHTI-
compliant document for border crossing purposes are commonly 
referred to as ``Enhanced Tribal Cards'' or ``ETCs.''
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    After production of the cards in accordance with the specified 
requirements, and successful testing and auditing by CBP of the cards 
and program, the Secretary of DHS or the Commissioner of CBP may 
designate the Tribal card as an acceptable WHTI-compliant document for 
the purpose of establishing identity and citizenship when entering the 
United States by land or sea from contiguous territory or adjacent 
islands. Such designation will be announced by publication of a notice 
in the Federal Register. A list of entities issuing WHTI-compliant 
documents and the kind of documents issued is available at http://www.getyouhome.gov.

Pascua Yaqui WHTI-Compliant Tribal Card Program

    The Pascua Yaqui Tribe of Arizona (Pascua Yaqui Tribe) has 
voluntarily established a program to develop a WHTI-compliant Tribal 
card that denotes identity and U.S. citizenship. On May 27, 2009, CBP 
and the Pascua Yaqui Tribe signed a Memorandum of Agreement (MOA) to 
develop, issue, test, and evaluate Tribal cards to be used for border 
crossing purposes. Pursuant to this MOA, the cards are issued to 
members of the Pascua Yaqui Tribe who can establish identity, Tribal 
membership, and U.S. citizenship. The cards incorporate physical 
security features acceptable to CBP as well as facilitative technology 
allowing for electronic validation of identity, citizenship, and Tribal 
membership. In 2010, CBP and the Pascua Yaqui Tribe entered into two 
related agreements, a March 18, 2010, security agreement and an April 
1, 2010, service level agreement. The former addresses confidentiality 
and information sharing, and the latter memorializes the technical 
specifications for the production, issuance and use of the card.
    CBP has tested the cards developed by the Pascua Yaqui Tribe 
pursuant to the above agreements and has performed an audit of the 
Tribe's card program. On the basis of these tests and audit, CBP has 
determined that the cards meet the requirements of section 7209 of the 
IRTPA and are acceptable documents to denote identity and U.S. 
citizenship for purposes of entering the United States at land and sea 
ports of entry from contiguous territory or adjacent islands. CBP's 
continued acceptance of the Tribal card as a WHTI-compliant document is 
conditional on compliance with the MOA and all related agreements.
    Acceptance and use of the WHTI-compliant Tribal card is voluntary 
for Tribe members. If an individual is denied a WHTI-compliant Tribal 
card, he or she may still apply for a passport or other WHTI-compliant 
document.

Designation

    This notice announces that the Commissioner of CBP designates the 
Tribal card issued by the Pascua Yaqui Tribe in accordance with the MOA 
and all related agreements between the Tribe and CBP as an acceptable 
WHTI-compliant document pursuant to section 7209 of the IRTPA and 8 CFR 
235.1(e). In accordance with these provisions, the approved card, if 
valid and lawfully obtained, may be used to denote identity and U.S. 
citizenship of Pascua Yaqui members who are entering the United States 
from contiguous territory or adjacent islands at land and sea ports of 
entry.

    Dated: June 3, 2011.
Alan D. Bersin,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2011-14352 Filed 6-8-11; 8:45 am]
BILLING CODE 9111-14-P