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]

Download as PDF 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. PO 00000 Frm 00026 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.

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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