6664 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Notices 

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. 

2This definition applies to 8 CFR 212.1 and 

235.1. 

3The 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.’’ 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[CBP Dec. 21–03] 

Western Hemisphere Travel Initiative: 

Designation of an Approved Native 

American Tribal Card Issued by the 

Muscogee (Creek) Nation 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 Muscogee (Creek) Nation 

to U.S. and Canadian 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 Muscogee 

(Creek) Nation 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 January 22, 2021. 

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 (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). 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 of 

Homeland Security, 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 

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 

allows U.S. federally recognized Native 

American tribes to work with CBP to 

enter into agreements to develop tribal 

identification 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 Puyallup Tribe of Indians, 84 FR 


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Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Notices 6665 

4CBP and the Muscogee (Creek) Nation entered 

into a Service Level Agreement (SLA) on April 27, 

2017, concerning technical requirements and 

support for the production, issuance, and 

verification of the Native American tribal cards. 

CBP and the Muscogee (Creek) Nation also entered 

into an Interconnection Security Agreement in 

November 2016, with respect to individual and 

organizational security responsibilities for the 

protection and handling of unclassified 

information. 

5The Native American tribal card issued by the 

Muscogee (Creek) Nation 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 

he or she possesses at least 50% American Indian 

blood, as required by INA § 289. 

67278 (December 9, 2019); the 

Swinomish Indian Tribal Community, 

84 FR 70984 (December 26, 2019); and 

the Confederated Tribes of the Colville 

Reservation, 85 FR 31796 (May 27, 

2020). 

Muscogee (Creek) Nation WHTICompliant Native American Tribal Card 

Program 

The Muscogee (Creek) Nation has 

voluntarily established a program to 

develop a WHTI-compliant Native 

American tribal card that denotes 

identity and U.S. or Canadian 

citizenship. On March 28, 2016, CBP 

and the Muscogee (Creek) Nation 

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 Muscogee (Creek) 

Nation 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 Muscogee (Creek) Nation 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. 

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 Muscogee (Creek) Nation in 

accordance with the MOA and all 

related agreements between the tribe 

and CBP as an acceptable WHTIcompliant 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 Muscogee (Creek) Nation 

members for the purposes of entering 

the United States from contiguous 

territory or adjacent islands at land and 

sea ports of entry. 

The Senior Official Performing the 

Duties of the Commissioner Mark A. 

Morgan, having designated the Native 

American tribal card issued by the 

Muscogee (Creek) Nation as an 

acceptable WHTI-compliant document 

pursuant to section 7209 of the IRTPA 

and 8 CFR 235.1(e), and having 

reviewed and approved this notice, is 

delegating the authority to electronically 

sign this notice 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: January 15, 2021. 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division, Regulations & Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

[FR Doc. 2021–01401 Filed 1–19–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

[NPS–WASO–NAGPRA–NPS0031328; 

PPWOCRADN0–PCU00RP14.R50000] 

Notice of Intent To Repatriate Cultural 

Items: Museum of Riverside, Riverside, 

CA 

AGENCY: National Park Service, Interior. 

ACTION: Notice. 

SUMMARY: The Museum of Riverside, in 

consultation with the appropriate 

Indian Tribes or Native Hawaiian 

organizations, has determined that the 

cultural items listed in this notice meet 

the definition of sacred objects. Lineal 

descendants or representatives of any 

Indian Tribe or Native Hawaiian 

organization not identified in this notice 

that wish to claim these cultural items 

should submit a written request to the 

Museum of Riverside. If no additional 

claimants come forward, transfer of 

control of the cultural items to the lineal 

descendants, Indian Tribes, or Native 

Hawaiian organizations stated in this 

notice may proceed. 

DATES: Lineal descendants or 

representatives of any Indian Tribe or 

Native Hawaiian organization not 

identified in this notice that wish to 

claim these cultural items should 

submit a written request with 

information in support of the claim to 

the Museum of Riverside at the address 

in this notice by February 22, 2021. 

ADDRESSES: Robyn G. Peterson, Museum 

Director, Ph.D., Museum of Riverside, 

3580 Mission Inn Avenue, Riverside, 

CA 92501, telephone (951) 826–5792, 

email rpeterson@riversideca.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

here given in accordance with the 

Native American Graves Protection and 

Repatriation Act (NAGPRA), 25 U.S.C. 

3005, of the intent to repatriate cultural 

items under the control of the Museum 

of Riverside, Riverside, CA, that meet 

the definition of sacred objects under 25 

U.S.C. 3001. 

This notice is published as part of the 

National Park Service’s administrative 

responsibilities under NAGPRA, 25 

U.S.C. 3003(d)(3). The determinations in 

this notice are the sole responsibility of 

the museum, institution, or Federal 

agency that has control of the Native 

American cultural items. The National 

Park Service is not responsible for the 

determinations in this notice. 

History and Description of the Cultural 

Items 

In 1925, 20 Hupa sacred items 

affiliated with the Hoopa Valley Tribe 

were donated to the Museum of 

Riverside as part of the institution’s 

founding. In 1951 and 1952, three 

additional Hupa sacred objects were 

donated by two separate individuals. 

None of the donors provided the 

Museum with information pertaining to 

the objects’ provenience. According to 

the donor records, the provenance of 14 

(or 61%) of the Museum’s Hupa sacred 

objects was the Brizard Collection. This 

collection is known to the Hoopa Valley 

Tribe. The 23 objects include: One 

string bag, four dance aprons, two dance 

baskets, two dentalium strings, one 


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