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 40076 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices this notice, go to http:// 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]


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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.

-----------------------------------------------------------------------

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