[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 40076-40077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17039]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs And Border Protection

[CBP Dec. 15-09]


Western Hemisphere Travel Initiative: Designation of an Approved 
Native American Tribal Card Issued by the Seneca Nation of Indians as 
an Acceptable Document To Denote Identity and Citizenship for Entry in 
the United States at Land and Sea Ports of Entry

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 Seneca Nation of Indians 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 Seneca Nation of Indians 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 July 13, 2015.

FOR FURTHER INFORMATION CONTACT: Arthur A. E. Pitts, Director, Traveler 
Policies Division, Admissibility and Passenger Programs, Office of 
Field Operations, U.S. Customs and Border Protection, via email at 
[email protected].

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. 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

[[Page 40077]]

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 
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under this paragraph 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 U.S. Customs and 
Border Protection (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 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 Homeland Security 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. More information about WHTI-compliant 
documents is available at www.cbp.gov/travel.

Seneca Nation of Indians WHTI-Compliant Tribal Card Program

    The Seneca Nation of Indians (Seneca Nation) has voluntarily 
established a program to develop a WHTI-compliant tribal card that 
denotes identity and U.S. or Canadian citizenship. On November 10, 
2009, CBP and the Seneca Nation 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 Seneca Nation 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 by CBP. In 2013, CBP and the Seneca Nation 
entered into two related agreements, a January 15, 2013 service level 
agreement and an April 15, 2013 security agreement. The former 
memorializes the technical specifications for the production, issuance 
and use of the card, and the latter addresses confidentiality and 
information sharing.
    CBP has tested the cards developed by the Seneca Nation 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 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 Seneca Nation 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 Seneca Nation members for the purposes of 
entering the United States from contiguous territory or adjacent 
islands at land and sea ports of entry.\4\
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    \4\ The Native American Tribal Card issued by the Seneca Nation 
of Indians may not, by itself, be used by Canadian citizen tribal 
members to establish that they meet the requirements of section 289 
of the Immigration and Nationality Act (INA) [8 U.S.C. 1359]. INA 
Sec.  289 provides that nothing in this title shall be construed to 
affect the right of American Indians born in Canada to pass the 
borders of the United States, but such right shall extend only to 
persons who possess at least 50 per centum of blood of the American 
Indian race. While the tribal card may be used to establish a card 
holder's identity for purposes of INA Sec.  289, it cannot, by 
itself, serve as evidence of the card holder's Canadian birth or 
that he or she possesses at least 50% American Indian blood, as 
required by INA Sec.  289.

    Dated: July 7, 2015.
R. Gil Kerlikowske,
Commissioner.
[FR Doc. 2015-17039 Filed 7-10-15; 8:45 am]
 BILLING CODE 9111-14-P