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, 40076-40077 [2015-17039]
Download as PDF
<![CDATA[
40076
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices
this notice, go to https://
www.regulations.gov, and use ‘‘USCG–
2015–0633’’ in the ‘‘Search’’ box, press
Enter, and then click on the item you
wish to view.
Public comments will be heard during
the meeting on August 5, 2015. Speakers
are requested to limit their comments to
5 minutes. Please note that the public
comment period may end before the
period allotted, following the last call
for comments. Contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section below to register as a
speaker.
FOR FURTHER INFORMATION CONTACT:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Commandant (CG–WWM–2), ATTN:
Ms. Michelle Birchfield, Great Lakes
Pilotage Advisory Committee Alternate
Designated Federal Officer, U.S. Coast
Guard Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC
20593–7509; telephone 202–372–1537,
fax 202–372–8387, or email at
Michelle.R.Birchfield@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone 202–366–9826 or
1–800–647–5527.
SUPPLEMENTARY INFORMATION: Notice of
this meeting is given under the Federal
Advisory Committee Act, (Title 5 U.S.C.
Appendix). The Great Lakes Pilotage
Advisory Committee was established
under the authority of 46 U.S.C. 9307,
and makes recommendations to the
Secretary of Homeland Security and the
Coast Guard on matters relating to Great
Lakes pilotage, including review of
proposed Great Lakes pilotage
regulations and policies.
Further information about the Great
Lakes Pilotage Advisory Committee is
available by going to the Web site:
https://www.facadatabase.gov. Click on
the search tab and type ‘‘Great Lakes’’
into the search form. Then select ‘‘Great
Lakes Pilotage Advisory Committee’’
from the list. A copy of all meeting
documentation will also be available at
https://www.uscg.mil/hq/cg5/cg552/
pilotage.asp by July 30, 2015.
Alternatively, you may contact Ms.
Michelle Birchfield as noted in the FOR
FURTHER INFORMATION CONTACT section
above.
Agenda
The Great Lakes Pilotage Advisory
Committee will meet on Wednesday,
August 5, 2015 to review, discus,
deliberate and formulate
recommendations as appropriate on
topics contained in the below agenda:
(1) Status Report of action taken on
Committee recommendations.
VerDate Sep<11>2014
19:27 Jul 10, 2015
Jkt 235001
(2) Ice Operations: Closing 2014/
Opening 2015.
(3) State of U.S. Great Lakes Pilotage.
(4) Status of current rulemakings and
audits.
(5) Great Lakes Pilotage Management
System (also known as Klein System)
upgrade.
(6) Pilot development.
Public comments or questions will be
taken throughout the meeting as the
committee discusses the issues and
prior to deliberations and voting. There
will also be a public comment period at
the end of the meeting.
Minutes: Minutes from the meeting
will be available for public view and
copying within 90 days following the
meeting at https://www.uscg.mil/hq/
cg5/cg552/pilotage.asp.
G.C. Rasicot,
Director, Marine Transportation Systems,
U.S. Coast Guard.
[FR Doc. 2015–17033 Filed 7–10–15; 8:45 am]
BILLING CODE 9110–04–P
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
U.S. Customs and Border
Protection, DHS.
ACTION: Notice.
AGENCY:
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 arthur.a.pitts@
cbp.dhs.gov.
SUMMARY:
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
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:
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
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.
E:\FR\FM\13JYN1.SGM
13JYN1
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices
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 will also be
made available to the public.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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).
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.
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 WHTIcompliant documents is available at
www.cbp.gov/travel.
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.
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
Seneca Nation of Indians WHTICompliant 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 WHTIcompliant 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.
2 See 8 CFR 212.0. This definition applies to 8
CFR 212.1 and 235.1.
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.’’
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
VerDate Sep<11>2014
19:27 Jul 10, 2015
Jkt 235001
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
40077
related agreements between the tribe
and CBP as an acceptable WHTIcompliant 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
Dated: July 7, 2015.
R. Gil Kerlikowske,
Commissioner.
[FR Doc. 2015–17039 Filed 7–10–15; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[CBP Dec. 15–10]
Designation of an Enhanced Driver’s
License and Identity Document Issued
by the State of Minnesota as a Travel
Document Under the Western
Hemisphere Travel Initiative
U.S. Customs and Border
Protection, DHS.
ACTION: Notice.
AGENCY:
This notice announces that
the Commissioner of U.S. Customs and
Border Protection is designating
enhanced driver’s licenses and identity
documents issued by the State of
Minnesota as acceptable documents for
purposes of the Western Hemisphere
Travel Initiative. These documents may
be used to denote identity and
citizenship of U.S. citizens entering the
United States from within the Western
Hemisphere at land and sea ports of
entry.
DATES: This designation is effective July
13, 2015.
FOR FURTHER INFORMATION CONTACT:
Arthur A. E. Pitts, Director, Traveler
Policies Division, Admissibility and
SUMMARY:
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 § 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 § 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 § 289.
E:\FR\FM\13JYN1.SGM
13JYN1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
arthur.a.pitts@cbp.dhs.gov.
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:
---------------------------------------------------------------------------
\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
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\2\ See 8 CFR 212.0. This definition applies to 8 CFR 212.1 and
235.1.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.''
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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
