Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Puyallup Tribe of Indians as an Acceptable Document To Denote Identity and Citizenship for Entry in the United States at Land and Sea Ports of Entry, 67278-67279 [2019-26444]
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67278
Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Notices
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[CBP Dec. 19–12]
Western Hemisphere Travel Initiative:
Designation of an Approved Native
American Tribal Card Issued by the
Puyallup Tribe 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 Puyallup Tribe 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 Puyallup Tribe 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 December 9, 2019.
FOR FURTHER INFORMATION CONTACT:
Colleen Manaher, Executive Director,
Planning, Program Analysis, and
Evaluation, Office of Field Operations,
U.S. Customs and Border Protection, via
email at Colleen.M.Manaher@
cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
khammond on DSKJM1Z7X2PROD with NOTICES
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,
VerDate Sep<11>2014
17:22 Dec 06, 2019
Jkt 250001
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 in the Code of Federal
Regulations (CFR), including 8 CFR
212.0, 212.1, and 235.1. The WHTI Land
and Sea Final Rule specifies the
documents that U.S. citizens and
nonimmigrant aliens from Canada,
Bermuda, and Mexico are required to
present when entering the United States
at land and sea ports of entry.
Under the WHTI Land and Sea Final
Rule, one type of citizenship and
identity document that may be
presented upon entry to the United
States at land and sea ports of entry
from contiguous territory or adjacent
islands 1 is a Native American tribal
card that has been designated as an
acceptable document to denote identity
and citizenship by the Secretary,
pursuant to section 7209 of IRTPA.
Specifically, 8 CFR 235.1(e), as
amended by the WHTI Land and Sea
Final Rule, provides that upon
designation by the Secretary of
Homeland Security of a United States
qualifying tribal entity document as an
acceptable document to denote identity
and citizenship for the purposes of
entering the United States, Native
Americans may be permitted to present
tribal cards upon entering or seeking
admission to the United States
according to the terms of the voluntary
agreement entered between the
Secretary of Homeland Security and the
tribe. It provides that the Secretary of
Homeland Security will announce, by
publication of a notice in the Federal
Register, documents designated under
this paragraph. It further provides that
a list of the documents designated under
this section will also be made available
to the public.
A United States qualifying tribal
entity is defined as a tribe, band, or
other group of Native Americans
formally recognized by the United
States Government which agrees to meet
WHTI document standards. See 8 CFR
212.1.2 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
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 This definition applies to 8 CFR 212.1 and
235.1.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
Border Protection (CBP) the authority to
designate certain documents as
acceptable border crossing documents
for persons arriving in the United States
by land or sea from within the Western
Hemisphere, including certain United
States Native American Tribal Cards.
See DHS Delegation Number 7105
(Revision 00), dated January 16, 2009.
Tribal Card Program
The WHTI Land and Sea Final Rule
allowed U.S. federally recognized
Native American tribes to work with
CBP to enter into agreements to develop
tribal ID cards that can be designated as
acceptable to establish identity and
citizenship when entering the United
States at land and sea ports of entry
from contiguous territory or adjacent
islands. CBP has been working with
various U.S. federally recognized Native
American tribes to facilitate the
development of such cards.3 As part of
the process, CBP will enter into one or
more agreements with a U.S. federally
recognized tribe that specify the
requirements for developing and issuing
WHTI-compliant Native American tribal
cards, including a testing and auditing
process to ensure that the cards are
produced and issued in accordance with
the terms of the agreements.
After production of the cards in
accordance with the specified
requirements, and successful testing and
auditing by CBP of the cards and
program, the Secretary of Homeland
Security or the Commissioner of CBP
may designate the Native American
tribal card as an acceptable WHTIcompliant document for the purpose of
establishing identity and citizenship
when entering the United States by land
or sea from contiguous territory or
adjacent islands. Such designation will
be announced by publication of a notice
in the Federal Register. More
information about WHTI-compliant
documents is available at www.cbp.gov/
travel.
The Pascua Yaqui Tribe of Arizona
became the first Native American tribe
to have its Native American tribal card
designated as a WHTI-compliant
document by the Commissioner of CBP.
This designation was announced in a
notice published in the Federal Register
on June 9, 2011 (76 FR 33776).
Subsequently, the Commissioner of CBP
announced the designation of several
other Native American tribal cards as
WHTI compliant documents. See, e.g.,
the Native American tribal cards of the
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.’’
E:\FR\FM\09DEN1.SGM
09DEN1
Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Notices
Kootenai Tribe of Idaho, 77 FR 4822
(January 31, 2012); the Seneca Nation of
Indians, 80 FR 40076 (July 13, 2015); the
Hydaburg Cooperative Association of
Alaska, 81 FR 33686 (May 27, 2016);
and the Pokagon Band of Potawatomi
Indians, 82 FR 42351 (September 7,
2017).
Puyallup Tribe of Indians WHTICompliant Native American Tribal Card
Program
khammond on DSKJM1Z7X2PROD with NOTICES
The Puyallup Tribe of Indians
(Puyallup Tribe) has voluntarily
established a program to develop a
WHTI-compliant Native American tribal
card that denotes identity and U.S. or
Canadian citizenship. On July 10, 2015,
CBP and the Puyallup Tribe entered into
a Memorandum of Agreement (MOA) to
develop, issue, test, and evaluate tribal
cards to be used for border crossing
purposes. Pursuant to this MOA, the
cards are issued to members of the
Puyallup Tribe 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.4
CBP has tested the cards developed by
the Puyallup Tribe pursuant to the
above MOA and related agreements, and
has performed an audit of the tribe’s
card program. On the basis of these tests
and audit, CBP has determined that the
Native American tribal cards meet the
requirements of section 7209 of the
IRTPA and are acceptable documents to
denote identity and citizenship for
purposes of entering the United States at
land and sea ports of entry from
contiguous territory or adjacent
islands.5 CBP’s continued acceptance of
4 In 2017, CBP and the Puyallup Tribe entered
into additional agreements related to the MOA. CBP
and the Puyallup Tribe entered into a Service Level
Agreement (SLA) on May 4, 2017, concerning
technical requirements and support for the
production, issuance, and verification of the Native
American Tribal Cards. CBP and the Puyallup Tribe
also entered into an Interconnection Security
Agreement on July 28, 2017, with respect to
individual and organizational security
responsibilities for the protection and handling of
unclassified information.
5 The Native American tribal card issued by the
Puyallup Tribe 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
VerDate Sep<11>2014
17:22 Dec 06, 2019
Jkt 250001
the Native American tribal cards as a
WHTI-compliant document is
conditional on compliance with the
MOA and related agreements.
Acceptance and use of the WHTIcompliant Native American tribal cards
is voluntary for tribe members. If an
individual is denied a WHTI-compliant
Native American tribal card, he or she
may still apply for a passport or other
WHTI-compliant document.
Designation
This notice announces that the
Commissioner of CBP designates the
Native American tribal card issued by
the Puyallup Tribe 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 Puyallup Tribe
members for the purposes of entering
the United States from contiguous
territory or adjacent islands at land and
sea ports of entry.
Dated: December 2, 2019.
Mark A. Morgan,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2019–26444 Filed 12–6–19; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs & Border Protection
Modifications to the Section 321 Data
Pilot
U.S. Customs and Border
Protection, DHS.
ACTION: General notice.
AGENCY:
On July 23, 2019, U.S.
Customs and Border Protection (CBP)
published a general notice in the
Federal Register (84 FR 35405)
announcing the Section 321 Data Pilot,
a voluntary pilot in which participants
agree to electronically transmit certain
advance data elements related to de
minimis value shipments potentially
eligible for release under section 321 of
the Tariff Act of 1930, as amended. The
purpose of the pilot is to improve CBP’s
ability to effectively and efficiently
identify and target high-risk shipments,
including for narcotics, counterproliferation, and health and safety
risks, in the e-commerce environment.
SUMMARY:
he or she possesses at least 50% American Indian
blood, as required by INA § 289.
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Fmt 4703
Sfmt 4703
67279
This notice announces that CBP is
modifying the Section 321 Data Pilot to
include shipments arriving by ocean
and to include international mail
shipments. This notice also modifies the
provisions governing misconduct under
the pilot and extends the duration of the
pilot an additional twelve months
(through August 2021).
DATES: The voluntary pilot began on
August 22, 2019, and will run for a total
of approximately 24 months, through
August 2021. CBP will accept
applications from prospective pilot
participants at any time until CBP has
identified a sufficient number of eligible
participants. At this time, the pilot is
limited to a maximum of nine
participants.
ADDRESSES: Prospective pilot
participants should submit an email to
e-commercesmallbusinessbranch@
cbp.dhs.gov. In the subject line of your
email please indicate ‘‘Application for
Section 321 Data Pilot.’’ For information
on what to include in the email, see
section II.D (Application Process and
Acceptance) of the notice published in
the Federal Register on July 23, 2019
(84 FR 35405).
FOR FURTHER INFORMATION CONTACT:
Laurie Dempsey, Director, IPR & ECommerce Division at
laurie.b.dempsey@cbp.dhs.gov or 202–
615–0514 and Daniel Randall, Branch
Chief, Manifest & Conveyance Security
at 202–344–3282.
SUPPLEMENTARY INFORMATION:
I. Section 321 Data Pilot
On July 23, 2019, CBP published a
general notice in the Federal Register
(84 FR 35405) (hereafter referred to as
the July 2019 notice) announcing the
voluntary Section 321 Data Pilot.
Participants in the Section 321 Data
Pilot agree to electronically transmit
certain data elements related to de
minimis value shipments potentially
eligible for release under section 321 of
the Tariff Act of 1930, as amended
(‘‘section 321 shipments’’). Section 321
provides for an administrative
exemption from duty and taxes for
shipments of merchandise imported by
one person on one day having an
aggregate fair retail value in the country
of shipment of an amount specified by
the Secretary by regulation, but not less
than $800. The July 2019 notice
provided a description of the Section
321 Data Pilot, the eligibility
requirements, and the application
process for participation.
The Section 321 Data Pilot is intended
to improve CBP’s ability to effectively
and efficiently assess the security risks
of shipments potentially eligible for
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Notices]
[Pages 67278-67279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26444]
[[Page 67278]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[CBP Dec. 19-12]
Western Hemisphere Travel Initiative: Designation of an Approved
Native American Tribal Card Issued by the Puyallup Tribe 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 Puyallup Tribe 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 Puyallup Tribe 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 December 9, 2019.
FOR FURTHER INFORMATION CONTACT: Colleen Manaher, Executive Director,
Planning, Program Analysis, and Evaluation, Office of Field Operations,
U.S. Customs and Border Protection, via email at
[email protected].
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 in the Code of Federal Regulations
(CFR), including 8 CFR 212.0, 212.1, and 235.1. The WHTI Land and Sea
Final Rule specifies the documents that U.S. citizens and nonimmigrant
aliens from Canada, Bermuda, and Mexico are required to present when
entering the United States at land and sea ports of entry.
Under the WHTI Land and Sea Final Rule, one type of citizenship and
identity document that may be presented upon entry to the United States
at land and sea ports of entry from contiguous territory or adjacent
islands \1\ is a Native American tribal card that has been designated
as an acceptable document to denote identity and citizenship by the
Secretary, pursuant to section 7209 of IRTPA. Specifically, 8 CFR
235.1(e), as amended by the WHTI Land and Sea Final Rule, provides that
upon designation by the Secretary of Homeland Security of a United
States qualifying tribal entity document as an acceptable document to
denote identity and citizenship for the purposes of entering the United
States, Native Americans may be permitted to present tribal cards upon
entering or seeking admission to the United States according to the
terms of the voluntary agreement entered between the Secretary of
Homeland Security and the tribe. It provides that the Secretary of
Homeland Security will announce, by publication of a notice in the
Federal Register, documents designated under this paragraph. It further
provides that a list of the documents designated under this section
will also be made available to the public.
---------------------------------------------------------------------------
\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.
See 8 CFR 212.1.\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\ 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 Native American tribal cards,
including a testing and auditing process to ensure that the cards are
produced and issued in accordance with the terms of the agreements.
---------------------------------------------------------------------------
\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 Native American tribal card as an acceptable
WHTI-compliant document for the purpose of establishing identity and
citizenship when entering the United States by land or sea from
contiguous territory or adjacent islands. Such designation will be
announced by publication of a notice in the Federal Register. More
information about WHTI-compliant documents is available at www.cbp.gov/travel.
The Pascua Yaqui Tribe of Arizona became the first Native American
tribe to have its Native American tribal card designated as a WHTI-
compliant document by the Commissioner of CBP. This designation was
announced in a notice published in the Federal Register on June 9, 2011
(76 FR 33776). Subsequently, the Commissioner of CBP announced the
designation of several other Native American tribal cards as WHTI
compliant documents. See, e.g., the Native American tribal cards of the
[[Page 67279]]
Kootenai Tribe of Idaho, 77 FR 4822 (January 31, 2012); the Seneca
Nation of Indians, 80 FR 40076 (July 13, 2015); the Hydaburg
Cooperative Association of Alaska, 81 FR 33686 (May 27, 2016); and the
Pokagon Band of Potawatomi Indians, 82 FR 42351 (September 7, 2017).
Puyallup Tribe of Indians WHTI-Compliant Native American Tribal Card
Program
The Puyallup Tribe of Indians (Puyallup Tribe) has voluntarily
established a program to develop a WHTI-compliant Native American
tribal card that denotes identity and U.S. or Canadian citizenship. On
July 10, 2015, CBP and the Puyallup Tribe entered into a Memorandum of
Agreement (MOA) to develop, issue, test, and evaluate tribal cards to
be used for border crossing purposes. Pursuant to this MOA, the cards
are issued to members of the Puyallup Tribe 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.\4\
---------------------------------------------------------------------------
\4\ In 2017, CBP and the Puyallup Tribe entered into additional
agreements related to the MOA. CBP and the Puyallup Tribe entered
into a Service Level Agreement (SLA) on May 4, 2017, concerning
technical requirements and support for the production, issuance, and
verification of the Native American Tribal Cards. CBP and the
Puyallup Tribe also entered into an Interconnection Security
Agreement on July 28, 2017, with respect to individual and
organizational security responsibilities for the protection and
handling of unclassified information.
---------------------------------------------------------------------------
CBP has tested the cards developed by the Puyallup Tribe pursuant
to the above MOA and related agreements, and has performed an audit of
the tribe's card program. On the basis of these tests and audit, CBP
has determined that the Native American tribal cards meet the
requirements of section 7209 of the IRTPA and are acceptable documents
to denote identity and citizenship for purposes of entering the United
States at land and sea ports of entry from contiguous territory or
adjacent islands.\5\ CBP's continued acceptance of the Native American
tribal cards as a WHTI-compliant document is conditional on compliance
with the MOA and related agreements.
---------------------------------------------------------------------------
\5\ The Native American tribal card issued by the Puyallup Tribe
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.
---------------------------------------------------------------------------
Acceptance and use of the WHTI-compliant Native American tribal
cards is voluntary for tribe members. If an individual is denied a
WHTI-compliant Native American tribal card, he or she may still apply
for a passport or other WHTI-compliant document.
Designation
This notice announces that the Commissioner of CBP designates the
Native American tribal card issued by the Puyallup Tribe 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 Puyallup Tribe members for
the purposes of entering the United States from contiguous territory or
adjacent islands at land and sea ports of entry.
Dated: December 2, 2019.
Mark A. Morgan,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2019-26444 Filed 12-6-19; 8:45 am]
BILLING CODE 9111-14-P
