[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 
<a href="/cdn-cgi/l/email-protection#c584a1a0a9a0eb83a4b6a4abaa85a6a7b5eba1adb6eba2aab3"><span class="__cf_email__" data-cfemail="8ecfeaebe2eba0c8effdefe0e1ceedecfea0eae6fda0e9e1f8">[email protected]</span></a>.

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

[[Page 37880]]

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]
BILLING CODE 9111-14-P


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