[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42351-42353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18999]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[CBP Dec. 17-11]


Western Hemisphere Travel Initiative: Designation of an Approved 
Native American Tribal Card Issued by the Pokagon Band of Potawatomi 
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 Pokagon Band of Potawatomi Indians (Pokagon Band) 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 Pokagon Band 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 September 7, 2017.

FOR FURTHER INFORMATION CONTACT: Colleen Manaher, Executive Director, 
Planning, Program Analysis, and Evaluation, 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 various sections of the Code of Federal Regulations 
(CFR), including 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

[[Page 42352]]

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, provides 
that 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. It provides that the Secretary of 
Homeland Security will announce, by publication of a notice in the 
Federal Register, documents designated under this paragraph. It further 
provides that a list of the documents designated under this section 
will also be made available to the public.
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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.
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    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.
    The Pascua Yaqui Tribe of Arizona became the first Native American 
tribe to have its tribal card designated as a WHTI-compliant document 
by the Commissioner of CBP. This designation was announced in a notice 
published in the Federal Register on June 9, 2011 (76 FR 33776). 
Subsequently, the Commissioner of CBP announced the designation of the 
tribal cards of the Kootenai Tribe of Idaho, the Seneca Nation of 
Indians, and the Hydaburg Cooperative Association of Alaska as WHTI-
compliant documents. See 77 FR 4822 (January 31, 2012), 80 FR 40076 
(July 13, 2015) and 81 FR 33686 (May 27, 2016).

Pokagon Band of Potawatomi Indians WHTI-Compliant Tribal Card Program

    The Pokagon Band of Potawatomi Indians (Pokagon Band) has 
voluntarily established a program to develop a WHTI-compliant tribal 
card that denotes identity and U.S. or Canadian citizenship. On August 
16, 2015, the Pokagon Band and CBP 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 Pokagon Band 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. On December 9, 2015, CBP and the Pokagon 
Band also entered into a Service Level Agreement that establishes the 
technical specifications for the system used to produce and issue the 
cards.
    CBP has tested the cards developed by the Pokagon Band pursuant to 
the above MOA and Service Level Agreement 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. or 
Canadian citizenship for purposes of entering the United States at land 
and sea ports of entry from contiguous territory or adjacent 
islands.\4\ CBP's continued acceptance of the tribal card as a WHTI-
compliant document is conditional on compliance with the MOA.
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    \4\ The Native American Tribal Card issued by the Pokagon Band 
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 section 
289 provides that nothing in Title II of the INA 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 section 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 section 289.
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    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 Pokagon Band in accordance with the MOA and 
the Service Level Agreement 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 Pokagon Band members for the purposes of 
entering the United States from contiguous territory or adjacent 
islands at land and sea ports of entry.


[[Page 42353]]


    Dated: September 1, 2017.
Kevin K. McAleenan,
Acting Commissioner.
[FR Doc. 2017-18999 Filed 9-6-17; 8:45 am]
 BILLING CODE 9111-14-P