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 http://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