82_FR_42523 82 FR 42351 - Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Pokagon Band of Potawatomi Indians as an Acceptable Document To Denote Identity and Citizenship for Entry in the United States at Land and Sea Ports of Entry

82 FR 42351 - Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Pokagon Band of Potawatomi Indians as an Acceptable Document To Denote Identity and Citizenship for Entry in the United States at Land and Sea Ports of Entry

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection

Federal Register Volume 82, Issue 172 (September 7, 2017)

Page Range42351-42353
FR Document2017-18999

This notice announces that the Commissioner of U.S. Customs and Border Protection is designating an approved Native American Tribal Card issued by the Pokagon Band of Potawatomi Indians (Pokagon Band) 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 Pokagon Band members entering the United States from contiguous territory or adjacent islands at land and sea ports of entry.

Federal Register, Volume 82 Issue 172 (Thursday, September 7, 2017)
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42351-42353]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18999]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[CBP Dec. 17-11]


Western Hemisphere Travel Initiative: Designation of an Approved 
Native American Tribal Card Issued by the Pokagon Band of Potawatomi 
Indians 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 Pokagon Band of Potawatomi Indians (Pokagon Band) 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 Pokagon Band 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 September 7, 2017.

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. 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). 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

[[Page 42352]]

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.\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\ See 8 CFR 212.0. 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 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 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 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 the 
tribal cards of the Kootenai Tribe of Idaho, the Seneca Nation of 
Indians, and the Hydaburg Cooperative Association of Alaska as WHTI-
compliant documents. See 77 FR 4822 (January 31, 2012), 80 FR 40076 
(July 13, 2015) and 81 FR 33686 (May 27, 2016).

Pokagon Band of Potawatomi Indians WHTI-Compliant Tribal Card Program

    The Pokagon Band of Potawatomi Indians (Pokagon Band) has 
voluntarily established a program to develop a WHTI-compliant tribal 
card that denotes identity and U.S. or Canadian citizenship. On August 
16, 2015, the Pokagon Band and CBP signed 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 Pokagon Band 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 of identity, citizenship, 
and tribal membership by CBP. On December 9, 2015, CBP and the Pokagon 
Band also entered into a Service Level Agreement that establishes the 
technical specifications for the system used to produce and issue the 
cards.
    CBP has tested the cards developed by the Pokagon Band pursuant to 
the above MOA and Service Level Agreement and has performed an audit of 
the tribe's card program. On the basis of these tests and audit, CBP 
has determined that the cards meet the requirements of section 7209 of 
the IRTPA and are acceptable documents to denote identity and U.S. or 
Canadian citizenship for purposes of entering the United States at land 
and sea ports of entry from contiguous territory or adjacent 
islands.\4\ CBP's continued acceptance of the tribal card as a WHTI-
compliant document is conditional on compliance with the MOA.
---------------------------------------------------------------------------

    \4\ The Native American Tribal Card issued by the Pokagon Band 
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 section 
289 provides that nothing in Title II of the INA 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 section 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 section 289.
---------------------------------------------------------------------------

    Acceptance and use of the WHTI-compliant tribal card is voluntary 
for tribe members. If an individual is denied a WHTI-compliant 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 
tribal card issued by the Pokagon Band in accordance with the MOA and 
the Service Level Agreement between the tribe 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 Pokagon Band members for the purposes of 
entering the United States from contiguous territory or adjacent 
islands at land and sea ports of entry.


[[Page 42353]]


    Dated: September 1, 2017.
Kevin K. McAleenan,
Acting Commissioner.
[FR Doc. 2017-18999 Filed 9-6-17; 8:45 am]
 BILLING CODE 9111-14-P



                                                                            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                           42351

                                                  consistency, stability, and objectivity in                Place: National Institutes of Health,               Border Protection is designating an
                                                  performance appraisals and requires                     Building 31, Conference Room 10, 31 Center            approved Native American Tribal Card
                                                  that notice of the appointment of an                    Drive, Bethesda, MD 20892.                            issued by the Pokagon Band of
                                                  individual to serve as a member be                        Open: 10:00 a.m. to 3:00 p.m.                       Potawatomi Indians (Pokagon Band) to
                                                                                                            Agenda: A report from the Institute
                                                  published in the Federal Register.                      Director and other staff.
                                                                                                                                                                U.S. and Canadian citizens as an
                                                    The following persons will serve on                     Place: National Institutes of Health,               acceptable travel document for purposes
                                                  the NIH Performance Review Board,                       Building 31, Conference Room 10, 31 Center            of the Western Hemisphere Travel
                                                  which oversees the evaluation of                        Drive, Bethesda, MD 20892.                            Initiative. The approved card may be
                                                  performance appraisals of NIH Senior                       Contact Person: Partap Singh Khalsa,               used to denote identity and citizenship
                                                  Executive Service (SES) members:                        Ph.D., DC, Director, Division of Extramural           of Pokagon Band members entering the
                                                  Alfred Johnson, Chair                                   Activities, National Center for                       United States from contiguous territory
                                                  Joellen Austin                                          Complementary and Integrative Health, NIH,            or adjacent islands at land and sea ports
                                                  Michael Gottesman                                       National Institutes of Health, 6707                   of entry.
                                                  Richard Ikeda                                           Democracy Blvd., Ste. 401, Bethesda, MD
                                                                                                          20892–5475, (301) 594–3462, khalsap@                  DATES: This designation will become
                                                  Michael Lauer
                                                  Ellen Rolfes                                            mail.nih.gov.                                         effective on September 7, 2017.
                                                  LaVerne Stringfield                                        Any interested person may file written             FOR FURTHER INFORMATION CONTACT:
                                                  Lawrence Tabak                                          comments with the committee by forwarding             Colleen Manaher, Executive Director,
                                                  Timothy Wheeles                                         the statement to the Contact Person listed on         Planning, Program Analysis, and
                                                                                                          this notice. The statement should include the
                                                    Dated: August 30, 2017.                               name, address, telephone number and when
                                                                                                                                                                Evaluation, Office of Field Operations,
                                                  Francis S. Collins,                                     applicable, the business or professional              U.S. Customs and Border Protection, via
                                                  Director, National Institutes of Health.                affiliation of the interested person.                 email at Colleen.M.Manaher@
                                                                                                             In the interest of security, NIH has               cbp.dhs.gov.
                                                  [FR Doc. 2017–18899 Filed 9–6–17; 8:45 am]
                                                                                                          instituted stringent procedures for entrance          SUPPLEMENTARY INFORMATION:
                                                  BILLING CODE 4140–01–P
                                                                                                          onto the NIH campus. All visitor vehicles,
                                                                                                          including taxicabs, hotel, and airport shuttles       Background
                                                                                                          will be inspected before being allowed on
                                                  DEPARTMENT OF HEALTH AND                                campus. Visitors will be asked to show one            The Western Hemisphere Travel
                                                  HUMAN SERVICES                                          form of identification (for example, a                Initiative
                                                                                                          government-issued photo ID, driver’s license,
                                                  National Institutes of Health                                                                                    Section 7209 of the Intelligence
                                                                                                          or passport) and to state the purpose of their
                                                                                                          visit.                                                Reform and Terrorism Prevention Act of
                                                  National Center for Complementary                          Information is also available on the               2004 (IRTPA), Public Law 108–458, as
                                                  and Integrative Health; Notice of                       Institute’s/Center’s home page: https://              amended, required the Secretary of
                                                  Meeting                                                 nccih.nih.gov/about/naccih/, where an                 Homeland Security (Secretary), in
                                                                                                          agenda and any additional information for             consultation with the Secretary of State,
                                                     Pursuant to section 10(d) of the                     the meeting will be posted when available.            to develop and implement a plan to
                                                  Federal Advisory Committee Act, as                      (Catalogue of Federal Domestic Assistance             require U.S. citizens and individuals for
                                                  amended, notice is hereby given of a                    Program Nos. 93.213, Research and Training            whom documentation requirements
                                                  meeting of the National Advisory                        in Complementary and Integrative Health,              have previously been waived under
                                                  Council for Complementary and                           National Institutes of Health, HHS)                   section 212(d)(4)(B) of the Immigration
                                                  Integrative Health.                                       Dated: August 31, 2017.                             and Nationality Act (8 U.S.C.
                                                     The meeting will be open to the
                                                                                                          Michelle Trout,                                       1182(d)(4)(B)) to present a passport or
                                                  public as indicated below, with
                                                                                                          Program Analyst, Office of Federal Advisory           other document or combination of
                                                  attendance limited to space available.
                                                                                                          Committee Policy.                                     documents as the Secretary deems
                                                  Individuals who plan to attend and
                                                                                                          [FR Doc. 2017–18897 Filed 9–6–17; 8:45 am]            sufficient to denote identity and
                                                  need special assistance, such as sign
                                                                                                                                                                citizenship for all travel into the United
                                                  language interpretation or other                        BILLING CODE 4140–01–P
                                                                                                                                                                States. See 8 U.S.C. 1185 note. On April
                                                  reasonable accommodations, should
                                                                                                                                                                3, 2008, the Department of Homeland
                                                  notify the Contact Person listed below
                                                                                                          DEPARTMENT OF HOMELAND                                Security (DHS) and the Department of
                                                  in advance of the meeting.
                                                     The meeting will be closed to the                    SECURITY                                              State promulgated a joint final rule,
                                                  public in accordance with the                                                                                 effective on June 1, 2009, that
                                                  provisions set forth in sections                        U.S. Customs and Border Protection                    implemented the plan known as the
                                                  552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,                                                                    Western Hemisphere Travel Initiative
                                                                                                          [CBP Dec. 17–11]                                      (WHTI) at U.S. land and sea ports of
                                                  as amended. The grant applications and
                                                  the discussions could disclose                                                                                entry. See 73 FR 18384 (the WHTI Land
                                                                                                          Western Hemisphere Travel Initiative:
                                                  confidential trade secrets or commercial                                                                      and Sea Final Rule). It amended various
                                                                                                          Designation of an Approved Native
                                                  property such as patentable material,                                                                         sections of the Code of Federal
                                                                                                          American Tribal Card Issued by the
                                                  and personal information concerning                                                                           Regulations (CFR), including 8 CFR
                                                                                                          Pokagon Band of Potawatomi Indians
                                                  individuals associated with the grant                                                                         212.0, 212.1, and 235.1. The WHTI Land
                                                                                                          as an Acceptable Document To Denote
                                                  applications, the disclosure of which                                                                         and Sea Final Rule specifies the
                                                                                                          Identity and Citizenship for Entry in the
                                                  would constitute a clearly unwarranted                                                                        documents that U.S. citizens and
                                                                                                          United States at Land and Sea Ports of
                                                                                                                                                                nonimmigrant aliens from Canada,
mstockstill on DSK30JT082PROD with NOTICES




                                                  invasion of personal privacy.                           Entry
                                                                                                                                                                Bermuda, and Mexico are required to
                                                    Name of Committee: National Advisory                  AGENCY:  U.S. Customs and Border                      present when entering the United States
                                                  Council for Complementary and Integrative                                                                     at land and sea ports of entry.
                                                  Health
                                                                                                          Protection; DHS.
                                                    Date: October 6, 2017                                 ACTION: Notice.                                          Under the WHTI Land and Sea Final
                                                    Closed: 8:30 a.m. to 9:45 a.m.                                                                              Rule, one type of citizenship and
                                                    Agenda: To review and evaluate grant                  SUMMARY:This notice announces that                    identity document that may be
                                                  applications                                            the Commissioner of U.S. Customs and                  presented upon entry to the United


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00083   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                  42352                     Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                  States at land and sea ports of entry                   from contiguous territory or adjacent                 identity, tribal membership, and U.S. or
                                                  from contiguous territory or adjacent                   islands. CBP has been working with                    Canadian citizenship. The cards
                                                  islands 1 is a Native American Tribal                   various U.S. federally recognized Native              incorporate physical security features
                                                  Card that has been designated as an                     American tribes to facilitate the                     acceptable to CBP as well as facilitative
                                                  acceptable document to denote identity                  development of such cards.3 As part of                technology allowing for electronic
                                                  and citizenship by the Secretary,                       the process, CBP will enter into one or               validation of identity, citizenship, and
                                                  pursuant to section 7209 of IRTPA.                      more agreements with a U.S. federally                 tribal membership by CBP. On
                                                  Specifically, 8 CFR 235.1(e), as                        recognized tribe that specify the                     December 9, 2015, CBP and the Pokagon
                                                  amended by the WHTI Land and Sea                        requirements for developing and issuing               Band also entered into a Service Level
                                                  Final Rule, provides that upon                          WHTI-compliant tribal cards, including                Agreement that establishes the technical
                                                  designation by the Secretary of                         a testing and auditing process to ensure              specifications for the system used to
                                                  Homeland Security of a United States                    that the cards are produced and issued                produce and issue the cards.
                                                  qualifying tribal entity document as an                 in accordance with the terms of the                      CBP has tested the cards developed by
                                                  acceptable document to denote identity                  agreements.                                           the Pokagon Band pursuant to the above
                                                  and citizenship for the purposes of                        After production of the cards in                   MOA and Service Level Agreement and
                                                  entering the United States, Native                      accordance with the specified                         has performed an audit of the tribe’s
                                                  Americans may be permitted to present                   requirements, and successful testing and              card program. On the basis of these tests
                                                  tribal cards upon entering or seeking                   auditing by CBP of the cards and                      and audit, CBP has determined that the
                                                  admission to the United States                          program, the Secretary of Homeland                    cards meet the requirements of section
                                                  according to the terms of the voluntary                 Security or the Commissioner of CBP                   7209 of the IRTPA and are acceptable
                                                  agreement entered between the                           may designate the tribal card as an                   documents to denote identity and U.S.
                                                  Secretary of Homeland Security and the                  acceptable WHTI-compliant document                    or Canadian citizenship for purposes of
                                                  tribe. It provides that the Secretary of                for the purpose of establishing identity              entering the United States at land and
                                                  Homeland Security will announce, by                     and citizenship when entering the                     sea ports of entry from contiguous
                                                  publication of a notice in the Federal                  United States by land or sea from                     territory or adjacent islands.4 CBP’s
                                                  Register, documents designated under                    contiguous territory or adjacent islands.             continued acceptance of the tribal card
                                                  this paragraph. It further provides that                Such designation will be announced by                 as a WHTI-compliant document is
                                                  a list of the documents designated under                publication of a notice in the Federal                conditional on compliance with the
                                                  this section will also be made available                Register. More information about WHTI-                MOA.
                                                  to the public.                                          compliant documents is available at                      Acceptance and use of the WHTI-
                                                     A United States qualifying tribal                    www.cbp.gov/travel.                                   compliant tribal card is voluntary for
                                                  entity is defined as a tribe, band, or                     The Pascua Yaqui Tribe of Arizona                  tribe members. If an individual is
                                                  other group of Native Americans                         became the first Native American tribe                denied a WHTI-compliant tribal card, he
                                                  formally recognized by the United                       to have its tribal card designated as a               or she may still apply for a passport or
                                                  States Government which agrees to meet                  WHTI-compliant document by the                        other WHTI-compliant document.
                                                  WHTI document standards.2 Native                        Commissioner of CBP. This designation
                                                  American tribal cards are also                                                                                Designation
                                                                                                          was announced in a notice published in
                                                  referenced in 8 CFR 235.1(b), which                                                                              This notice announces that the
                                                                                                          the Federal Register on June 9, 2011 (76
                                                  lists the documents U.S. citizens may                                                                         Commissioner of CBP designates the
                                                                                                          FR 33776). Subsequently, the
                                                  use to establish identity and citizenship                                                                     tribal card issued by the Pokagon Band
                                                                                                          Commissioner of CBP announced the
                                                  when entering the United States. See 8                                                                        in accordance with the MOA and the
                                                                                                          designation of the tribal cards of the
                                                  CFR 235.1(b)(7).                                                                                              Service Level Agreement between the
                                                     The Secretary has delegated to the                   Kootenai Tribe of Idaho, the Seneca
                                                                                                                                                                tribe and CBP as an acceptable WHTI-
                                                  Commissioner of U.S. Customs and                        Nation of Indians, and the Hydaburg
                                                                                                                                                                compliant document pursuant to section
                                                  Border Protection (CBP) the authority to                Cooperative Association of Alaska as
                                                                                                                                                                7209 of the IRTPA and 8 CFR 235.1(e).
                                                  designate certain documents as                          WHTI-compliant documents. See 77 FR
                                                                                                                                                                In accordance with these provisions, the
                                                  acceptable border crossing documents                    4822 (January 31, 2012), 80 FR 40076
                                                                                                                                                                approved card, if valid and lawfully
                                                  for persons arriving in the United States               (July 13, 2015) and 81 FR 33686 (May
                                                                                                                                                                obtained, may be used to denote
                                                  by land or sea from within the Western                  27, 2016).
                                                                                                                                                                identity and U.S. or Canadian
                                                  Hemisphere, including certain United                    Pokagon Band of Potawatomi Indians                    citizenship of Pokagon Band members
                                                  States Native American tribal cards. See                WHTI-Compliant Tribal Card Program                    for the purposes of entering the United
                                                  DHS Delegation Number 7105 (Revision                                                                          States from contiguous territory or
                                                                                                             The Pokagon Band of Potawatomi
                                                  00), dated January 16, 2009.                                                                                  adjacent islands at land and sea ports of
                                                                                                          Indians (Pokagon Band) has voluntarily
                                                  Tribal Card Program                                     established a program to develop a                    entry.
                                                     The WHTI Land and Sea Final Rule                     WHTI-compliant tribal card that denotes                  4 The Native American Tribal Card issued by the

                                                  allowed U.S. federally recognized                       identity and U.S. or Canadian                         Pokagon Band may not, by itself, be used by
                                                  Native American tribes to work with                     citizenship. On August 16, 2015, the                  Canadian citizen tribal members to establish that
                                                  CBP to enter into agreements to develop                 Pokagon Band and CBP signed a                         they meet the requirements of section 289 of the
                                                                                                          Memorandum of Agreement (MOA) to                      Immigration and Nationality Act (INA) [8 U.S.C.
                                                  tribal ID cards that can be designated as                                                                     1359]. INA section 289 provides that nothing in
                                                  acceptable to establish identity and                    develop, issue, test, and evaluate tribal             Title II of the INA shall be construed to affect the
                                                  citizenship when entering the United                    cards to be used for border crossing                  right of American Indians born in Canada to pass
mstockstill on DSK30JT082PROD with NOTICES




                                                  States at land and sea ports of entry                   purposes. Pursuant to this MOA, the                   the borders of the United States, but such right shall
                                                                                                          cards are issued to members of the                    extend only to persons who possess at least 50 per
                                                                                                                                                                centum of blood of the American Indian race. While
                                                    1 Adjacent islands is defined in 8 CFR 212.0 as       Pokagon Band who can establish                        the tribal card may be used to establish a card
                                                  Bermuda and the islands located in the Caribbean                                                              holder’s identity for purposes of INA section 289,
                                                  Sea, except Cuba. This definition applies to 8 CFR        3 The Native American tribal cards qualifying to    it cannot, by itself, serve as evidence of the card
                                                  212.1 and 235.1.                                        be a WHTI-compliant document for border crossing      holder’s Canadian birth or that he or she possesses
                                                    2 See 8 CFR 212.0. This definition applies to 8       purposes are commonly referred to as ‘‘Enhanced       at least 50% American Indian blood, as required by
                                                  CFR 212.1 and 235.1.                                    Tribal Cards’’ or ‘‘ETCs.’’                           INA section 289.



                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00084   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                             42353

                                                    Dated: September 1, 2017.                               Duration: The committee’s charter                   ADDRESSES:    The FIRM, and if
                                                  Kevin K. McAleenan,                                     was renewed on June 22, 2017, and                     applicable, the FIS report containing the
                                                  Acting Commissioner.                                    expires on June 22, 2019.                             final flood hazard information for each
                                                  [FR Doc. 2017–18999 Filed 9–6–17; 8:45 am]                Responsible CBP officials: Mr. Bradley              community is available for inspection at
                                                  BILLING CODE 9111–14–P
                                                                                                          Hayes, Office of Trade Relations, U.S.                the respective Community Map
                                                                                                          Customs and Border Protection, 1300                   Repository address listed in the tables
                                                                                                          Pennsylvania Avenue NW., Room 3.5A,                   below and will be available online
                                                  DEPARTMENT OF HOMELAND                                  Washington, DC 20229; telephone (202)                 through the FEMA Map Service Center
                                                  SECURITY                                                344–1440.                                             at www.msc.fema.gov by the effective
                                                                                                            Dated: August 28, 2017.                             date indicated above.
                                                  U.S. Customs and Border Protection                                                                            FOR FURTHER INFORMATION CONTACT: Rick
                                                                                                          Bradley Hayes,
                                                  [Docket No. USCBP–2017–0030]                            Executive Director, Office of Trade Relations.        Sacbibit, Chief, Engineering Services
                                                                                                          [FR Doc. 2017–19000 Filed 9–6–17; 8:45 am]            Branch, Federal Insurance and
                                                  U.S. Customs and Border Protection                                                                            Mitigation Administration, FEMA, 400
                                                                                                          BILLING CODE 9111–14–P
                                                  User Fee Advisory Committee (UFAC)                                                                            C Street SW., Washington, DC 20472,
                                                  Charter Renewal                                                                                               (202) 646–7659, or (email)
                                                  AGENCY:  U.S. Customs and Border                        DEPARTMENT OF HOMELAND                                patrick.sacbibit@fema.dhs.gov; or visit
                                                  Protection, Department of Homeland                      SECURITY                                              the FEMA Map Information eXchange
                                                  Security (DHS).                                                                                               (FMIX) online at www.floodmaps.
                                                                                                          Federal Emergency Management                          fema.gov/fhm/fmx_main.html.
                                                  ACTION: Committee management; notice
                                                                                                          Agency                                                SUPPLEMENTARY INFORMATION: The
                                                  of Federal Advisory Committee charter
                                                  renewal.                                                [Docket ID FEMA–2017–0002]                            Federal Emergency Management Agency
                                                                                                                                                                (FEMA) makes the final determinations
                                                  SUMMARY:  The Department of Homeland                    Final Flood Hazard Determinations                     listed below for the new or modified
                                                  Security (DHS) renewed the charter for                                                                        flood hazard information for each
                                                  the U.S. Customs and Border                             AGENCY:  Federal Emergency                            community listed. Notification of these
                                                  Protection’s User Fee Advisory                          Management Agency, DHS.                               changes has been published in
                                                  Committee (UFAC) on June 22, 2017.                      ACTION: Final Notice.                                 newspapers of local circulation and 90
                                                  The charter will expire on June 22,                                                                           days have elapsed since that
                                                                                                          SUMMARY:   Flood hazard determinations,
                                                  2019.                                                                                                         publication. The Deputy Associate
                                                                                                          which may include additions or
                                                  FOR FURTHER INFORMATION CONTACT:    Ms.                                                                       Administrator for Insurance and
                                                                                                          modifications of Base Flood Elevations
                                                  Sonja Grant, Office of Trade Relations,                                                                       Mitigation has resolved any appeals
                                                                                                          (BFEs), base flood depths, Special Flood
                                                  U.S. Customs and Border Protection,                                                                           resulting from this notification.
                                                                                                          Hazard Area (SFHA) boundaries or zone
                                                  1300 Pennsylvania Avenue NW., Room                      designations, or regulatory floodways on                 This final notice is issued in
                                                  3.5A, Washington, DC 20229; telephone                   the Flood Insurance Rate Maps (FIRMs)                 accordance with section 110 of the
                                                  (202) 344–1440; facsimile (202) 325–                    and where applicable, in the supporting               Flood Disaster Protection Act of 1973,
                                                  4290.                                                   Flood Insurance Study (FIS) reports                   42 U.S.C. 4104, and 44 CFR part 67.
                                                                                                          have been made final for the                          FEMA has developed criteria for
                                                  SUPPLEMENTARY INFORMATION:                                                                                    floodplain management in floodprone
                                                    Name of committee: U.S. Customs                       communities listed in the table below.
                                                                                                             The FIRM and FIS report are the basis              areas in accordance with 44 CFR part
                                                  and Border Protection User Fee                                                                                60.
                                                  Advisory Committee (UFAC).                              of the floodplain management measures
                                                                                                          that a community is required either to                   Interested lessees and owners of real
                                                    Purpose and objective: The charter of
                                                                                                          adopt or to show evidence of having in                property are encouraged to review the
                                                  the U.S. Customs and Border Protection
                                                                                                          effect in order to qualify or remain                  new or revised FIRM and FIS report
                                                  User Fee Advisory Committee (UFAC)
                                                                                                          qualified for participation in the Federal            available at the address cited below for
                                                  was renewed for two years in
                                                                                                          Emergency Management Agency’s                         each community or online through the
                                                  accordance with the Federal Advisory
                                                                                                          (FEMA’s) National Flood Insurance                     FEMA Map Service Center at
                                                  Committee Act (FACA) 5 U.S.C.
                                                                                                          Program (NFIP). In addition, the FIRM                 www.msc.fema.gov.
                                                  Appendix. A copy of the charter can be
                                                  found at http://www.cbp.gov/trade/                      and FIS report are used by insurance                     The flood hazard determinations are
                                                  stakeholder-engagement/user-fee-                        agents and others to calculate                        made final in the watersheds and/or
                                                  advisory-committee. UFAC is tasked                      appropriate flood insurance premium                   communities listed in the table below.
                                                  with providing advice to the Secretary                  rates for buildings and the contents of               (Catalog of Federal Domestic Assistance No.
                                                  of the Department of Homeland Security                  those buildings.                                      97.022, ‘‘Flood Insurance.’’)
                                                  through the Commissioner of U.S.                        DATES: The effective date of October 5,                 Dated: August 10, 2017.
                                                  Customs and Border Protection on                        2017 which has been established for the               Roy E. Wright,
                                                  matters related to the performance of                   FIRM and, where applicable, the                       Deputy Associate Administrator for Insurance
                                                  inspections coinciding with the                         supporting FIS report showing the new                 and Mitigation, Department of Homeland
                                                  assessment of an agriculture, customs,                  or modified flood hazard information                  Security, Federal Emergency Management
                                                  or immigration user fee.                                for each community.                                   Agency.
mstockstill on DSK30JT082PROD with NOTICES




                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00085   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1



Document Created: 2017-09-07 02:01:34
Document Modified: 2017-09-07 02:01:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThis designation will become effective on September 7, 2017.
ContactColleen Manaher, Executive Director, Planning, Program Analysis, and Evaluation, Office of Field Operations, U.S. Customs and Border Protection, via email at [email protected]
FR Citation82 FR 42351 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR