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, 42351-42353 [2017-18999]
Download as PDF
Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices
consistency, stability, and objectivity in
performance appraisals and requires
that notice of the appointment of an
individual to serve as a member be
published in the Federal Register.
The following persons will serve on
the NIH Performance Review Board,
which oversees the evaluation of
performance appraisals of NIH Senior
Executive Service (SES) members:
Alfred Johnson, Chair
Joellen Austin
Michael Gottesman
Richard Ikeda
Michael Lauer
Ellen Rolfes
LaVerne Stringfield
Lawrence Tabak
Timothy Wheeles
Dated: August 30, 2017.
Francis S. Collins,
Director, National Institutes of Health.
[FR Doc. 2017–18899 Filed 9–6–17; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
mstockstill on DSK30JT082PROD with NOTICES
National Center for Complementary
and Integrative Health; Notice of
Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of a
meeting of the National Advisory
Council for Complementary and
Integrative Health.
The meeting will be open to the
public as indicated below, with
attendance limited to space available.
Individuals who plan to attend and
need special assistance, such as sign
language interpretation or other
reasonable accommodations, should
notify the Contact Person listed below
in advance of the meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Advisory
Council for Complementary and Integrative
Health
Date: October 6, 2017
Closed: 8:30 a.m. to 9:45 a.m.
Agenda: To review and evaluate grant
applications
VerDate Sep<11>2014
17:42 Sep 06, 2017
Jkt 241001
Place: National Institutes of Health,
Building 31, Conference Room 10, 31 Center
Drive, Bethesda, MD 20892.
Open: 10:00 a.m. to 3:00 p.m.
Agenda: A report from the Institute
Director and other staff.
Place: National Institutes of Health,
Building 31, Conference Room 10, 31 Center
Drive, Bethesda, MD 20892.
Contact Person: Partap Singh Khalsa,
Ph.D., DC, Director, Division of Extramural
Activities, National Center for
Complementary and Integrative Health, NIH,
National Institutes of Health, 6707
Democracy Blvd., Ste. 401, Bethesda, MD
20892–5475, (301) 594–3462, khalsap@
mail.nih.gov.
Any interested person may file written
comments with the committee by forwarding
the statement to the Contact Person listed on
this notice. The statement should include the
name, address, telephone number and when
applicable, the business or professional
affiliation of the interested person.
In the interest of security, NIH has
instituted stringent procedures for entrance
onto the NIH campus. All visitor vehicles,
including taxicabs, hotel, and airport shuttles
will be inspected before being allowed on
campus. Visitors will be asked to show one
form of identification (for example, a
government-issued photo ID, driver’s license,
or passport) and to state the purpose of their
visit.
Information is also available on the
Institute’s/Center’s home page: https://
nccih.nih.gov/about/naccih/, where an
agenda and any additional information for
the meeting will be posted when available.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.213, Research and Training
in Complementary and Integrative Health,
National Institutes of Health, HHS)
Dated: August 31, 2017.
Michelle Trout,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2017–18897 Filed 9–6–17; 8:45 am]
BILLING CODE 4140–01–P
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
U.S. Customs and Border
Protection; DHS.
ACTION: Notice.
AGENCY:
This notice announces that
the Commissioner of U.S. Customs and
SUMMARY:
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
42351
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 Colleen.M.Manaher@
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 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
E:\FR\FM\07SEN1.SGM
07SEN1
42352
Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices
mstockstill on DSK30JT082PROD with NOTICES
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.
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.
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
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.
2 See 8 CFR 212.0. This definition applies to 8
CFR 212.1 and 235.1.
VerDate Sep<11>2014
17:42 Sep 06, 2017
Jkt 241001
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
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.
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
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.’’
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
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.
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.
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 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 Pokagon Band members
for the purposes of entering the United
States from contiguous territory or
adjacent islands at land and sea ports of
entry.
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.
E:\FR\FM\07SEN1.SGM
07SEN1
Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices
Dated: September 1, 2017.
Kevin K. McAleenan,
Acting Commissioner.
Duration: The committee’s charter
was renewed on June 22, 2017, and
expires on June 22, 2019.
Responsible CBP officials: Mr. Bradley
Hayes, Office of Trade Relations, U.S.
Customs and Border Protection, 1300
Pennsylvania Avenue NW., Room 3.5A,
Washington, DC 20229; telephone (202)
344–1440.
[FR Doc. 2017–18999 Filed 9–6–17; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Dated: August 28, 2017.
Bradley Hayes,
Executive Director, Office of Trade Relations.
U.S. Customs and Border Protection
[Docket No. USCBP–2017–0030]
U.S. Customs and Border Protection
User Fee Advisory Committee (UFAC)
Charter Renewal
[FR Doc. 2017–19000 Filed 9–6–17; 8:45 am]
BILLING CODE 9111–14–P
U.S. Customs and Border
Protection, Department of Homeland
Security (DHS).
ACTION: Committee management; notice
of Federal Advisory Committee charter
renewal.
DEPARTMENT OF HOMELAND
SECURITY
The Department of Homeland
Security (DHS) renewed the charter for
the U.S. Customs and Border
Protection’s User Fee Advisory
Committee (UFAC) on June 22, 2017.
The charter will expire on June 22,
2019.
Final Flood Hazard Determinations
AGENCY:
SUMMARY:
Ms.
Sonja Grant, Office of Trade Relations,
U.S. Customs and Border Protection,
1300 Pennsylvania Avenue NW., Room
3.5A, Washington, DC 20229; telephone
(202) 344–1440; facsimile (202) 325–
4290.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
mstockstill on DSK30JT082PROD with NOTICES
Name of committee: U.S. Customs
and Border Protection User Fee
Advisory Committee (UFAC).
Purpose and objective: The charter of
the U.S. Customs and Border Protection
User Fee Advisory Committee (UFAC)
was renewed for two years in
accordance with the Federal Advisory
Committee Act (FACA) 5 U.S.C.
Appendix. A copy of the charter can be
found at https://www.cbp.gov/trade/
stakeholder-engagement/user-feeadvisory-committee. UFAC is tasked
with providing advice to the Secretary
of the Department of Homeland Security
through the Commissioner of U.S.
Customs and Border Protection on
matters related to the performance of
inspections coinciding with the
assessment of an agriculture, customs,
or immigration user fee.
VerDate Sep<11>2014
17:42 Sep 06, 2017
Jkt 241001
Federal Emergency Management
Agency
[Docket ID FEMA–2017–0002]
Federal Emergency
Management Agency, DHS.
ACTION: Final Notice.
AGENCY:
Flood hazard determinations,
which may include additions or
modifications of Base Flood Elevations
(BFEs), base flood depths, Special Flood
Hazard Area (SFHA) boundaries or zone
designations, or regulatory floodways on
the Flood Insurance Rate Maps (FIRMs)
and where applicable, in the supporting
Flood Insurance Study (FIS) reports
have been made final for the
communities listed in the table below.
The FIRM and FIS report are the basis
of the floodplain management measures
that a community is required either to
adopt or to show evidence of having in
effect in order to qualify or remain
qualified for participation in the Federal
Emergency Management Agency’s
(FEMA’s) National Flood Insurance
Program (NFIP). In addition, the FIRM
and FIS report are used by insurance
agents and others to calculate
appropriate flood insurance premium
rates for buildings and the contents of
those buildings.
DATES: The effective date of October 5,
2017 which has been established for the
FIRM and, where applicable, the
supporting FIS report showing the new
or modified flood hazard information
for each community.
SUMMARY:
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
42353
The FIRM, and if
applicable, the FIS report containing the
final flood hazard information for each
community is available for inspection at
the respective Community Map
Repository address listed in the tables
below and will be available online
through the FEMA Map Service Center
at www.msc.fema.gov by the effective
date indicated above.
FOR FURTHER INFORMATION CONTACT: Rick
Sacbibit, Chief, Engineering Services
Branch, Federal Insurance and
Mitigation Administration, FEMA, 400
C Street SW., Washington, DC 20472,
(202) 646–7659, or (email)
patrick.sacbibit@fema.dhs.gov; or visit
the FEMA Map Information eXchange
(FMIX) online at www.floodmaps.
fema.gov/fhm/fmx_main.html.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below for the new or modified
flood hazard information for each
community listed. Notification of these
changes has been published in
newspapers of local circulation and 90
days have elapsed since that
publication. The Deputy Associate
Administrator for Insurance and
Mitigation has resolved any appeals
resulting from this notification.
This final notice is issued in
accordance with section 110 of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4104, and 44 CFR part 67.
FEMA has developed criteria for
floodplain management in floodprone
areas in accordance with 44 CFR part
60.
Interested lessees and owners of real
property are encouraged to review the
new or revised FIRM and FIS report
available at the address cited below for
each community or online through the
FEMA Map Service Center at
www.msc.fema.gov.
The flood hazard determinations are
made final in the watersheds and/or
communities listed in the table below.
ADDRESSES:
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: August 10, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance
and Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
E:\FR\FM\07SEN1.SGM
07SEN1
Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
Colleen.M.Manaher@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 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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