Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Swinomish Indian Tribal Community as an Acceptable Document To Denote Identity and Citizenship for Entry in the United States at Land and Sea Ports of Entry, 70984-70986 [2019-27721]

Download as PDF 70984 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this notice as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. II. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). khammond on DSKJM1Z7X2PROD with NOTICES III. Public Meeting The Coast Guard does not plan to hold a public meeting. But you may submit a request for one on or before February 10, 2020 using the method specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid the process of thoroughly considering the application for recertification, we will hold one at a time and place announced by a later notice in the Federal Register. IV. Background and Purpose The Coast Guard published guidelines on December 31, 1992 (57 FR 62600), to assist groups seeking recertification under the Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990 (33 U.S.C. 2732) (the Act). The Coast Guard issued a VerDate Sep<11>2014 16:53 Dec 23, 2019 Jkt 250001 policy statement on July 7, 1993 (58 FR 36504), to clarify the factors that the Coast Guard would be considering in making its determination as to whether advisory groups should be certified in accordance with the Act, and the procedures which the Coast Guard would follow in meeting its certification responsibilities under the Act. Most recently, on September 16, 2002 (67 FR 58440), the Coast Guard changed its policy on recertification procedures for regional citizen’s advisory council by requiring applicants to provide comprehensive information every three years. For the two years in between, applicants only submit information describing substantive changes to the information provided at the last triennial recertification. This is the year in this triennial cycle that PWSRCAC must provide comprehensive information. The Coast Guard is accepting comments concerning the recertification of PWSRCAC. At the conclusion of the comment period on February 10, 2020, the Coast Guard will review all application materials and comments received and will take one of the following actions: (a) Recertify the advisory group under 33 U.S.C. 2732(o); (b) Issue a conditional recertification for a period of 90 days, with a statement of any discrepancies, which must be corrected to qualify for recertification for the remainder of the year; or (c) Deny recertification of the advisory group if the Coast Guard finds that the group is not broadly representative of the interests and communities in the area or is not adequately fostering the goals and purposes of 33 U.S.C. 2732. The Coast Guard will notify PWSRCAC by letter of the action taken on its application. A notice will be published in the Federal Register to advise the public of the Coast Guard’s determination. Dated: December 18, 2019. Melissa L. Rivera, Captain, U.S. Coast Guard, Acting Commander, Seventeenth Coast Guard District. [FR Doc. 2019–27772 Filed 12–23–19; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [CBP Dec. 19–13] Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Swinomish Indian Tribal Community 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 Swinomish Indian Tribal Community to U.S. citizen tribal members 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 Swinomish Indian Tribal Community 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 26, 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 or 202–344–3003. SUPPLEMENTARY INFORMATION: SUMMARY: 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 E:\FR\FM\26DEN1.SGM 26DEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices 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 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 212.0.2 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). 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. VerDate Sep<11>2014 16:53 Dec 23, 2019 Jkt 250001 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. 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 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 00058 Fmt 4703 Sfmt 4703 70985 WHTI compliant documents. See, e.g., the Native American tribal cards of the 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). Swinomish Indian Tribal Community WHTI-Compliant Native American Tribal Card Program The Swinomish Indian Tribal Community has voluntarily established a program to develop a WHTI-compliant Native American tribal card that denotes identity and U.S. citizenship. On October 7, 2015, CBP and the Swinomish Indian Tribal Community 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 Swinomish Indian Tribal Community who can establish identity, tribal membership, and U.S. 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 Swinomish Indian Tribal Community 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 U.S. citizenship for purposes of entering the United States at land and sea ports of entry from contiguous territory or adjacent islands. CBP’s continued acceptance of the Native American tribal card as a WHTIcompliant document is conditional on compliance with the MOA and related agreements. Acceptance and use of the WHTIcompliant Native American tribal card 4 Beginning in 2016, CBP and the Swinomish Indian Tribal Community entered into additional agreements related to the MOA. CBP and the Swinomish Indian Tribal Community entered into a Service Level Agreement (SLA) on September 14, 2016, concerning technical requirements and support for the production, issuance, and verification of the Native American tribal cards. CBP and the Swinomish Indian Tribal Community also entered into an Interconnection Security Agreement on March 15, 2017, with respect to individual and organizational security responsibilities for the protection and handling of unclassified information. E:\FR\FM\26DEN1.SGM 26DEN1 70986 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices 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 Swinomish Indian Tribal Community in accordance with the MOA and related agreements 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. citizenship of Swinomish Indian Tribal Community members for the purposes of entering the United States from contiguous territory or adjacent islands at land and sea ports of entry. Dated: December 17, 2019. Mark A. Morgan, Acting Commissioner. [FR Doc. 2019–27721 Filed 12–23–19; 8:45 am] A. Overview of Information Collection BILLING CODE 9111–14–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–7015–N–11] 60-Day Notice of Proposed Information Collection: Application for Resident Opportunity & Self Sufficiency (ROSS) Grant Forms Office of the Assistant Secretary for Public and Indian Housing (PIH), HUD. ACTION: Notice. AGENCY: HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment. SUMMARY: Comments Due Date: February 24, 2020. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW, Room 4176, Washington, DC 20410–5000; telephone 202–402–3400 khammond on DSKJM1Z7X2PROD with NOTICES DATES: VerDate Sep<11>2014 16:53 Dec 23, 2019 Jkt 250001 (this is not a toll-free number) or email at Colette.Pollard@hud.gov for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the tollfree Federal Relay Service at (800) 877– 8339. FOR FURTHER INFORMATION CONTACT: Dawn Smith, Office of Policy, Programs and Legislative Initiatives, PIH, Department of Housing and Urban Development, 451 7th Street SW, (L’Enfant Plaza, Room 2206), Washington, DC 20410; telephone 202– 402–6488, (this is not a toll-free number). Persons with hearing or speech impairments may access this number via TTY by calling the Federal Relay Service at (800) 877–8339. Copies of available documents submitted to OMB may be obtained from Ms. Smith. SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. Title of Information Collection: Application for the Resident Opportunities and Self Sufficiency (ROSS) Program. OMB Approval Number: 2577–0229. Type of Request: Reinstatement, without change, of previously approved collection. Form Number: ROSS Grant Application forms: HUD 52752; HUD 52753; HUD–52755; HUD–57268; SF– 424; HUD–2880; HUD–2990; HUD– 2991; SF–LLL, HUD–2993, HUD–2994– A. The Department is submitting this PRA request in order to reinstate, without change, a previously approved collection that has an upcoming PRA expiration date. Description of the need for the information and proposed use: The forms are used to evaluate capacity and eligibility of applicants to the ROSS program. Respondents (i.e., affected public): Public Housing Authorities, tribes/ TDHEs, public housing resident associations, and nonprofit organizations. Estimated Number of Respondents: 350. Estimated Number of Responses: 350. Frequency of Response: 1. Average Hours per Response: 5 hours. Total Estimated Burdens: 1,907 hours. B. Solicitation of Public Comment This notice is soliciting comments from members of the public and affected PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 parties concerning the collection of information described in Section A on the following: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) The accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. HUD encourages interested parties to submit comment in response to these questions. C. Authority Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35. Dated: December 13, 2019. Nora McArdle, Senior Policy Analyst, Office of Policy, Programs and Legislative Initiatives. [FR Doc. 2019–27840 Filed 12–23–19; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–7015–N–10] 60-Day Notice of Proposed Information Collection: Project Based Vouchers (PBV) Online Form Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Notice. AGENCY: HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment. DATES: Comments Due: February 24, 2020. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management SUMMARY: E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70984-70986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27721]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[CBP Dec. 19-13]


Western Hemisphere Travel Initiative: Designation of an Approved 
Native American Tribal Card Issued by the Swinomish Indian Tribal 
Community 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 Swinomish Indian Tribal Community to U.S. citizen 
tribal members 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 Swinomish Indian Tribal Community 
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 26, 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] or 202-344-3003.

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

[[Page 70985]]

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 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 212.0.\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 
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).

Swinomish Indian Tribal Community WHTI-Compliant Native American Tribal 
Card Program

    The Swinomish Indian Tribal Community has voluntarily established a 
program to develop a WHTI-compliant Native American tribal card that 
denotes identity and U.S. citizenship. On October 7, 2015, CBP and the 
Swinomish Indian Tribal Community 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 Swinomish Indian Tribal Community who can 
establish identity, tribal membership, and U.S. 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\ Beginning in 2016, CBP and the Swinomish Indian Tribal 
Community entered into additional agreements related to the MOA. CBP 
and the Swinomish Indian Tribal Community entered into a Service 
Level Agreement (SLA) on September 14, 2016, concerning technical 
requirements and support for the production, issuance, and 
verification of the Native American tribal cards. CBP and the 
Swinomish Indian Tribal Community also entered into an 
Interconnection Security Agreement on March 15, 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 Swinomish Indian Tribal 
Community 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 U.S. citizenship for 
purposes of entering the United States at land and sea ports of entry 
from contiguous territory or adjacent islands. CBP's continued 
acceptance of the Native American tribal card as a WHTI-compliant 
document is conditional on compliance with the MOA and related 
agreements.
    Acceptance and use of the WHTI-compliant Native American tribal 
card

[[Page 70986]]

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 Swinomish Indian Tribal 
Community in accordance with the MOA and related agreements 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. citizenship of Swinomish Indian Tribal Community 
members for the purposes of entering the United States from contiguous 
territory or adjacent islands at land and sea ports of entry.

    Dated: December 17, 2019.
Mark A. Morgan,
Acting Commissioner.
[FR Doc. 2019-27721 Filed 12-23-19; 8:45 am]
 BILLING CODE 9111-14-P