[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Notices]
[Pages 4822-4824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1962]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[CBP Dec. 12-01]
Western Hemisphere Travel Initiative: Designation of an Approved
Native American Tribal Card Issued by the Kootenai Tribe of Idaho as an
Acceptable Document To Denote Identity and Citizenship
AGENCY: U.S. Customs and Border Protection, DHS.
ACTION: Notice.
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[[Page 4823]]
SUMMARY: This notice announces that the Commissioner of U.S. Customs
and Border Protection (CBP) is designating an approved Native American
Tribal Card issued by the Kootenai Tribe of Idaho (Kootenai Tribe) to
U.S. and Canadian citizens as an acceptable travel document for
purposes of the Western Hemisphere Travel Initiative. The approved card
may be used to denote identity and citizenship of Kootenai Tribe
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 January 31, 2012.
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 individuals for whom documentation requirements have
previously been waived under section 212(d)(4)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(d)(4)(B)) 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 for the purposes of
entering the United States at a land and sea port of entry.
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 the 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 allows U.S. federally recognized
Native American tribes to work with CBP to enter into agreements to
develop tribal identification 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 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.
Kootenai WHTI-Compliant Tribal Card Program
The Kootenai Tribe has voluntarily established a program to develop
a WHTI-compliant tribal card that denotes identity and U.S. or Canadian
citizenship. On March 3, 2009, CBP and the Kootenai 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 Kootenai Tribe who can
establish identity, tribal membership, and U.S. or Canadian
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.
CBP and the Kootenai Tribe finalized a service level agreement on
December 1, 2009. This service level agreement memorializes the
technical specifications for the production, issuance and use of the
card.
CBP has tested the cards developed by the Kootenai 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
[[Page 4824]]
denote identity and 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 Kootenai 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. or
Canadian citizenship of Kootenai Tribe members who are entering the
United States from contiguous territory or adjacent islands at land and
sea ports of entry.
Dated: January 25, 2012.
David V. Aguilar,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2012-1962 Filed 1-30-12; 8:45 am]
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