[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]

[Notices]

[Pages 37879-37881]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2022-13537]

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DEPARTMENT OF HOMELAND SECURITY

 

U.S. Customs and Border Protection

 

[CBP Dec. 22-13]

 

Western Hemisphere Travel Initiative: Designation of an Approved

Native American Tribal Card Issued by the Kickapoo Traditional Tribe of

Texas 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 Kickapoo Traditional Tribe of Texas 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 Kickapoo Traditional Tribe of Texas

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 June 24, 2022.

 

FOR FURTHER INFORMATION CONTACT: Adele Fasano, Executive Director,

Planning, Program Analysis, and Evaluation, Office of Field Operations,

U.S. Customs and Border Protection, via email at

Adele.Fasano@cbp.dhs.gov.

 

SUPPLEMENTARY INFORMATION:

 

Background

 

The Western Hemisphere Travel Initiative

 

    Section 7209 of the Intelligence Reform and Terrorism Prevention

Act of 2004 (IRTPA), Public Law 108-458, as amended, required the

Secretary of Homeland Security, 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

 

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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.\1\ The WHTI Land and Sea Final Rule specifies the documents that

U.S. citizens and nonimmigrants from Canada, Bermuda, and Mexico are

required to present when entering the United States at land and sea

ports of entry.

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    \1\ Part 212 of title 8 of the Code of Federal Regulations

details the documentary requirements for nonimmigrants seeking

admission into the United States; 8 CFR 235.1 provides for the scope

of examination of all persons seeking admission into the United

States.

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    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 \2\ is a Native American tribal card that has been designated

by the Secretary as an acceptable document to denote identity and

citizenship, pursuant to section 7209 of IRTPA. See 8 U.S.C. 1185 note.

Specifically, 8 CFR 235.1(e), as amended by the WHTI Land and Sea Final

Rule, provides that once the Secretary of Homeland Security designates

a U.S. qualifying tribal entity document as an acceptable document to

denote identity and citizenship for the purposes of entering the United

States, Native Americans may present such designated 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 the designation of tribal cards as

acceptable travel documents for entering the United States by

publication of a notice in the Federal Register. It further provides

that a list of the documents designated under this section will also be

made available to the public.

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    \2\ ``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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    Under 8 CFR 212.0, a U.S. 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.\3\ Native American tribal cards are also referenced in 8 CFR

235.1(b), which lists the documents that U.S. citizens may use to

establish identity and citizenship when entering the United States. See

8 CFR 235.1(b)(7).

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    \3\ This definition applies to 8 CFR 212.1 and 235.1.

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    The Secretary of Homeland Security 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 U.S. 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 enter into agreements with CBP 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

works with various U.S. federally recognized Native American tribes to

facilitate the development of WHTI-compliant Native American tribal

cards.\4\ As part of the process, CBP and the Native American tribe

will enter into an agreement that specifies the requirements for

developing and issuing such cards, including a testing and auditing

process that ensures that the cards are produced and issued in

accordance with the terms of the agreement.

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    \4\ 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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    After a tribe produces cards in accordance with the specified

requirements, and after successful testing and auditing by CBP of the

cards and program, the Secretary 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

Puyallup Tribe of Indians, 84 FR 67278 (December 9, 2019); the

Swinomish Indian Tribal Community, 84 FR 70984 (December 26, 2019); the

Confederated Tribes of the Colville Reservation, 85 FR 31796 (May 27,

2020); and the Muscogee (Creek) Nation, 86 FR 6664 (January 22, 2021).

 

Kickapoo Traditional Tribe of Texas WHTI-Compliant Native American

Tribal Card Program

 

    The Kickapoo Traditional Tribe of Texas has voluntarily established

a program to develop a WHTI-compliant Native American tribal card that

denotes tribal identity and U.S. citizenship. On September 2, 2016, CBP

and the Kickapoo Traditional Tribe of Texas entered into a Memorandum

of Agreement (MOA) to develop, issue, test, and evaluate whether its

Native American tribal cards could be used for border crossing

purposes. Pursuant to this MOA, the cards are issued to members of the

Kickapoo Traditional Tribe of Texas who can establish their identity,

tribal membership, and U.S. citizenship. The cards incorporate physical

security features acceptable to CBP, as well as facilitative technology

allowing for the electronic validation by CBP of the tribal members'

identity, citizenship, and tribal membership. On August 15, 2017, CBP

and the Kickapoo Traditional Tribe of Texas entered into a Service

Level Agreement that was an addendum to the April 1, 2010 Pascua Yaqui

Tribe Service Level Agreement. The addendum provides that the Pascua

Yaqui Tribe would serve as the Information Technology Coordinator and

the manufacturer of the tribal card on behalf of the Kickapoo

Traditional Tribe of Texas.\5\

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    \5\ The Interconnection Service Agreement entered into by CBP

and the Pascua Yaqui Tribe on December 19, 2018, which addresses

individual and organizational security responsibilities for the

protection and handling of unclassified information, also applies

with respect to the Kickapoo Traditional Tribe of Texas Native

American tribal cards.

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    CBP has tested the cards developed by the Kickapoo Traditional

Tribe of Texas pursuant to the above MOA and related agreements. It has

also 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

 

[[Page 37881]]

 

of entry from contiguous territory or adjacent islands. 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.

    It is voluntary for Native American tribal members to use WHTI-

compliant tribal cards as an acceptable travel document. If a tribal

member is denied a WHTI-compliant Native American tribal card, or

otherwise chooses not to use a 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 Kickapoo Traditional Tribe of

Texas 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 Kickapoo Traditional Tribe of Texas

members for the purpose of entering the United States from contiguous

territory or adjacent islands at land and sea ports of entry.

    Commissioner Chris Magnus, having reviewed and approved this

document, has delegated the authority to electronically sign this

document to Robert F. Altneu, who is the Director of the Regulations

and Disclosure Law Division for CBP, for purposes of publication in the

Federal Register.

 

    Dated: June 21, 2022.

Robert F. Altneu,

Director, Regulations & Disclosure Law, Division, Regulations &

Rulings, Office of Trade, U.S. Customs and Border Protection.

[FR Doc. 2022-13537 Filed 6-23-22; 8:45 am]

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