Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Confederated Tribes of the Colville Reservation as an Acceptable Document To Denote Identity and Citizenship for Entry in the United States at Land and Sea Ports of Entry, 31796-31798 [2020-11378]
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31796
Federal Register / Vol. 85, No. 102 / Wednesday, May 27, 2020 / Notices
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economic issues might impact behaviors
with regards to safe navigation and (2)
to find a balanced solution for
navigation concerns that addresses both
the proposed uses of the waterway and
the traditional uses of the waterway.
As MARIPARS is merely a study for
the purpose of making
recommendations, and not a regulatory
action through which the Coast Guard is
imposing a cost or other burden upon
the public, the Coast Guard cannot
complete such a study at this time. If,
however, the Coast Guard were to later
determine that it should take regulatory
measures as a result of this study, it
would then evaluate the economic
aspects of the proposed regulatory
activity as part of the rulemaking
process.
IV. Study Recommendations
The recommendations of this PARS
are primarily based on the comments
received to the docket, public outreach,
and consultation with other government
agencies. The MARIPARS evaluated
several concerns that resulted in the
following recommendations:
A. That the MA/RI WEA’s turbine
layout be developed along a standard
and uniform grid pattern with at least
three lines of orientation and standard
spacing to accommodate vessel transits,
traditional fishing operations, and
search and rescue operations,
throughout the MA/RI WEA. The
adoption of a standard and uniform grid
pattern through BOEM’s approval
process will likely eliminate the need
for the USCG to pursue formal or
informal routing measures within the
MA/RI WEA at this time.
1. Lanes for vessel transit should be
oriented in a northwest to southeast
direction, 0.6 NM to 0.8 NM wide. This
width will allow vessels the ability to
maneuver in accordance with the
COLREGS while transiting through the
MA/RI WEA.
2. Lanes for commercial fishing
vessels actively engaged in fishing
should be oriented in an east to west
direction, 1 NM wide.
3. Lanes for USCG search and rescue
operations should be oriented in a north
to south and east to west direction, 1
NM wide. This will ensure two lines of
orientation for USCG helicopters to
conduct search and rescue operations.
In the event that subsequent MA/RI
WEA project proposals diverge from a
standard and uniform grid pattern
approved in previous projects, the
USCG will revisit the need for informal
and formal measures to preserve safe,
efficient navigation and SAR operations.
B. That mariners transiting in or near
the MA/RI WEA should use extra
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caution, ensure proper watch and assess
all risk factors. Offshore renewable
energy installations present new
challenges to safe navigation, but proper
voyage planning and access to relevant
safety information should ensure that
safety is not compromised.
In general, mariners transiting
through this WEA should make a careful
assessment of all factors associated with
their voyage. These factors at a
minimum should include;
(1) The operator’s experience and
condition with regard to fitness and rest.
(2) The vessels characteristics, which
should include the size,
maneuverability, and sea keeping
ability. The overall reliable and
operational material condition of
propulsion, steering, and navigational
equipment.
(3) Weather conditions—both current
and predicted including sea state and
visibility.
(4) Voyage planning to include up-todate information regarding the positions
of completed wind towers or wind
towers under construction and their
associated construction vessels. A great
deal of consideration should also be
given to whether the transit will be
conducted during day or night.
V. Summary of Changes
No substantive changes were made to
the report as a result of the comment
period. Only minor editorial changes
were made to the report.
VI. Future Actions
The USCG will continue to serve as a
NEPA cooperating agency to BOEM’s
environmental review of each proposed
project. In that role, the USCG will
evaluate the navigational safety risks of
each proposal on a case-by-case basis.
The First Coast Guard District actively
monitors all waterways subject to its
jurisdiction to ensure navigation safety
and will continue to monitor the areas
offshore of Massachusetts and Rhode
Island for evolving conditions, which
may require additional studies to ensure
navigational safety and minimize
impacts to USCG operations.
The final report is available for
viewing and download from the Federal
Register docket at https://
www.regulations.gov or the USCG
Navigation Center website at https://
www.navcen.uscg.gov/?pageName=
PARSReports.
This notice is published under the
authority of 46 U.S.C. 70003, 70004 and
5 U.S.C. 552(a).
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Dated: May 14, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2020–11262 Filed 5–26–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[CBP Dec. 20–06]
Western Hemisphere Travel Initiative:
Designation of an Approved Native
American Tribal Card Issued by the
Confederated Tribes of the Colville
Reservation 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 Confederated Tribes of the
Colville Reservation (‘‘Colville Tribes’’)
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 Colville Tribes 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 May 27, 2020.
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:
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.
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Federal Register / Vol. 85, No. 102 / Wednesday, May 27, 2020 / Notices
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). The rule 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
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.
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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
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.
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).
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
Confederated Tribes of the Colville
Reservation WHTI-Compliant Native
American Tribal Card Program
The Confederated Tribes of the
Colville Reservation (‘‘Colville Tribes’’)
have voluntarily established a program
to develop a WHTI-compliant Native
American tribal card that denotes
identity and U.S. or Canadian
citizenship. On May 21, 2013, CBP and
the Colville Tribes 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
Colville Tribes 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 by CBP of identity,
citizenship, and tribal membership.4
CBP has tested the cards developed by
the Colville Tribes pursuant to the
above MOA and related agreements, and
has performed an audit of the tribes’
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
2 This definition applies to 8 CFR 212.1 and
235.1.
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.’’
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4 CBP and the Colville Tribes entered into a
Service Level Agreement (SLA) on October 3, 2016,
concerning the technical requirements and support
for the production, issuance, and verification of the
Native American tribal cards. CBP and the Colville
Tribes also entered into an Interconnection Security
Agreement in February 2016, 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
Colville Tribes may not, by itself, be used by
Canadian citizen tribal members to establish that
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31798
Federal Register / Vol. 85, No. 102 / Wednesday, May 27, 2020 / Notices
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 Colville Tribes in accordance with
the MOA and all related agreements
between the tribes 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 Colville Tribes
members for the purposes of entering
the United States from contiguous
territory or adjacent islands at land and
sea ports of entry.
Dated: May 21, 2020.
Mark A. Morgan,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2020–11378 Filed 5–26–20; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. USCIS–2020–0014]
Privacy Act of 1974; System of
Records
Department of Homeland
Security, U.S. Citizenship and
Immigration Services.
ACTION: Notice of modified system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
modify and reissue a current DHS
system of records titled, ‘‘DHS/U.S.
Citizenship and Immigration Services
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SUMMARY:
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
he or she possesses at least 50% American Indian
blood, as required by INA § 289.
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(USCIS)–004 Systematic Alien
Verification for Entitlements (SAVE)
Program System of Records.’’ This
system of records allows DHS/USCIS to
collect and maintain records on
applicants for public benefits, licenses,
grants, governmental credentials, or
other statutorily authorized purposes to
operate the fee-based SAVE. SAVE
allows users agencies to confirm
immigration and naturalized and certain
derived citizen status information, in
order for the user agencies to make
decisions related to: Determine
eligibility for a Federal, state, tribal, or
local public benefit; issue a license or
grant; issue a government credential;
conduct a background investigation; or
for any other lawful purpose within the
user agency’s jurisdiction. DHS/USCIS
is updating this system of records notice
to include updates and modifications to
the authority for maintenance of the
system, the purpose of the system,
categories of individuals, categories of
records, record source categories,
routine uses, and contesting records
procedures to better reflect how USCIS
operates SAVE and data sharing efforts.
Additionally, this notice includes nonsubstantive changes to simplify the
formatting and text of the previously
published notice. This modified system
will be included in DHS’s inventory of
record systems.
DATES: Submit comments on or before
June 26, 2020. This modified system
will be effective upon publication. New
or modified routine uses will be
effective June 26, 2020.
ADDRESSES: You may submit comments,
identified by docket number USCIS–
2020–0014 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Constantina Kozanas, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number USCIS–2020–0014. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Donald K. Hawkins, (202) 272–8030,
USCIS.PrivacyCompliance@
uscis.dhs.gov, Privacy Officer, U.S.
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
Citizenship and Immigration Services,
20 Massachusetts Avenue NW,
Washington, DC 20529. For privacy
questions, please contact: Constantina
Kozanas, (202) 343–1717, Privacy@
hq.dhs.gov, Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS), U.S.
Citizenship and Immigration Services
(USCIS) proposes to modify and reissue
a current DHS system of records titled,
‘‘DHS/USCIS–004 Systematic Alien
Verification for Entitlements Program
System of Records.’’
The Systematic Alien Verification for
Entitlements (SAVE) Program is a feebased service designed to assist Federal,
state, tribal, and local government
agencies, benefit-granting agencies,
private entities, institutions, and
licensing bureaus authorized by law in
determining citizenship and
immigration status for the purpose of
granting benefits, licenses, and other
lawful purposes. Uses of SAVE may
include verification of citizenship and
immigration status (for naturalized and
certain derived citizens) when issuing
Social Security benefits, public health
care, Supplemental Nutrition Assistance
Program (SNAP) benefits, Temporary
Assistance for Needy Families (TANF),
Medicaid, Children’s Health Insurance
Program (CHIP), conducting background
investigations, armed forces
recruitment, REAL ID compliance, or
any other purpose authorized by law.
SAVE provides citizenship and
immigration status to the extent that
such confirmation is necessary to enable
Federal, state, tribal, or local
government agencies to make decisions
related to: (1) Determining eligibility for
a Federal, state, tribal, or local public
benefit; (2) issuing a license or grant; (3)
issuing a government credential; (4)
conducting a background investigation;
or (5) any other lawful purpose. SAVE
does not determine an applicant’s
eligibility for a specific benefit or
license; only the benefit-granting agency
can make that determination.
A typical SAVE verification involves
a registered Federal, state, tribal, or local
government benefit or license granting
agency verifying the citizenship and
immigration status of an immigrant or
non-immigrant. The initial SAVE
response is derived from information
contained in a U.S. government-issued
document, such as a Permanent
Resident Card (often referred to as a
Green Card) or Employment
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]]>Agencies
[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Notices]
[Pages 31796-31798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11378]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[CBP Dec. 20-06]
Western Hemisphere Travel Initiative: Designation of an Approved
Native American Tribal Card Issued by the Confederated Tribes of the
Colville Reservation 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 Confederated Tribes of the Colville Reservation
(``Colville Tribes'') 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 Colville Tribes 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 May 27, 2020.
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.
[[Page 31797]]
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). The rule 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
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).
Confederated Tribes of the Colville Reservation WHTI-Compliant Native
American Tribal Card Program
The Confederated Tribes of the Colville Reservation (``Colville
Tribes'') have voluntarily established a program to develop a WHTI-
compliant Native American tribal card that denotes identity and U.S. or
Canadian citizenship. On May 21, 2013, CBP and the Colville Tribes
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 Colville
Tribes 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 by CBP of identity, citizenship, and tribal
membership.\4\
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\4\ CBP and the Colville Tribes entered into a Service Level
Agreement (SLA) on October 3, 2016, concerning the technical
requirements and support for the production, issuance, and
verification of the Native American tribal cards. CBP and the
Colville Tribes also entered into an Interconnection Security
Agreement in February 2016, with respect to individual and
organizational security responsibilities for the protection and
handling of unclassified information.
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CBP has tested the cards developed by the Colville Tribes pursuant
to the above MOA and related agreements, and has performed an audit of
the tribes' 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
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the Native American tribal cards as a WHTI-compliant document is
conditional on compliance with the MOA and related agreements.
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\5\ The Native American tribal card issued by the Colville
Tribes 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.
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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 Colville Tribes in accordance
with the MOA and all related agreements between the tribes 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 Colville Tribes members
for the purposes of entering the United States from contiguous
territory or adjacent islands at land and sea ports of entry.
Dated: May 21, 2020.
Mark A. Morgan,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2020-11378 Filed 5-26-20; 8:45 am]
BILLING CODE 9111-14-P
