[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70984-70986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27721]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[CBP Dec. 19-13]


Western Hemisphere Travel Initiative: Designation of an Approved 
Native American Tribal Card Issued by the Swinomish Indian Tribal 
Community 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 Swinomish Indian Tribal Community to U.S. citizen 
tribal members 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 Swinomish Indian Tribal Community 
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 December 26, 2019.

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] or 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

[[Page 70985]]

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 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. 
See 8 CFR 212.0.\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\ 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 Native American 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 Native American 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 Native American 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 several other Native American tribal cards as WHTI 
compliant documents. See, e.g., the Native American tribal cards of the 
Kootenai Tribe of Idaho, 77 FR 4822 (January 31, 2012); the Seneca 
Nation of Indians, 80 FR 40076 (July 13, 2015); the Hydaburg 
Cooperative Association of Alaska, 81 FR 33686 (May 27, 2016); and the 
Pokagon Band of Potawatomi Indians, 82 FR 42351 (September 7, 2017).

Swinomish Indian Tribal Community WHTI-Compliant Native American Tribal 
Card Program

    The Swinomish Indian Tribal Community has voluntarily established a 
program to develop a WHTI-compliant Native American tribal card that 
denotes identity and U.S. citizenship. On October 7, 2015, CBP and the 
Swinomish Indian Tribal Community entered into 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 Swinomish Indian Tribal Community 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 by CBP.\4\
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    \4\ Beginning in 2016, CBP and the Swinomish Indian Tribal 
Community entered into additional agreements related to the MOA. CBP 
and the Swinomish Indian Tribal Community entered into a Service 
Level Agreement (SLA) on September 14, 2016, concerning technical 
requirements and support for the production, issuance, and 
verification of the Native American tribal cards. CBP and the 
Swinomish Indian Tribal Community also entered into an 
Interconnection Security Agreement on March 15, 2017, with respect 
to individual and organizational security responsibilities for the 
protection and handling of unclassified information.
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    CBP has tested the cards developed by the Swinomish Indian Tribal 
Community pursuant to the above MOA and related 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 Native American tribal 
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 Native American tribal card as a WHTI-compliant 
document is conditional on compliance with the MOA and related 
agreements.
    Acceptance and use of the WHTI-compliant Native American tribal 
card

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is voluntary for tribe members. If an individual is denied a WHTI-
compliant Native American 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 
Native American tribal card issued by the Swinomish Indian Tribal 
Community in accordance with the MOA and related agreements 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 Swinomish Indian Tribal Community 
members for the purposes of entering the United States from contiguous 
territory or adjacent islands at land and sea ports of entry.

    Dated: December 17, 2019.
Mark A. Morgan,
Acting Commissioner.
[FR Doc. 2019-27721 Filed 12-23-19; 8:45 am]
 BILLING CODE 9111-14-P