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Using Pesticides in Indian Country Using Pesticides in Indian Country and the EPA’s Federal Certification Plan
Using Pesticides in Indian Country
Using Pesticides in Indian Country and the EPA’s
Federal Certification Plan
Using Pesticides in Indian Country
Indian Country:• Federally recognized tribes are sovereign
nations within the United States• They are bound by Federal laws and regulations• With respect to pesticides, they can regulate
pesticide use under tribal law• They are not bound by State pesticide laws,
regulations, or policies
Using Pesticides in Indian Country
What lands are considered Indian Country?
• ALL LAND found within the borders of a Federally recognized Indian Reservation, including but not limited to: – Fee and Trust lands– Rights of way running through Indian Country
• lands held by the Federal government in trust outside of formal reservations as informal reservations
• Allotments and dependent Indian communities which may be located outside of reservation borders
Using Pesticides in Indian Country
Pesticide use in Indian Country must:
• comply with FIFRA • comply with ANY tribal laws,
regulations, and/or policies• if it is a RUP; be purchased by and
used by a Certified Applicator (in MOST cases, this requires Federal Certification).
Using Pesticides in Indian Country
How do I get certified to use RUPs in Indian Country?
Using Pesticides in Indian Country
State issued certificates are generally not valid in Indian Country
Seven tribes have existing EPA programs
There are a few exceptions
Using Pesticides in Indian Country
These are the seven tribes
• Three Affiliated Tribes of the Fort Berthold Indian Reservation (located in ND)• Cheyenne River Sioux Tribe (located in SD)• Rosebud Sioux Tribe (located in MT)• Shoshone-Bannock Tribes of the Fort Hall
Reservation (located in ID)• Navajo Nation (located in AZ, NM, & UT)• Santee Sioux Tribe of Nebraska• Prairie Band Potawatomi Nation (located in KS)
Using Pesticides in Indian Country
Since there are so few tribes that have EPA approved mechanisms, what other alternatives are there?
Using Pesticides in Indian Country
EPA Implements Plan, February 6, 2014
Using Pesticides in Indian Country
EPA can issue a Federal certificate based on a State credential
Applicator requests Federal Certification from EPA
Regional Office
Using Pesticides in Indian Country
Federal certificates
• Carry the same expirations• Carry the same categories• Are valid in Indian Country
contiguous to the state
Using Pesticides in Indian Country
Using Pesticides in Indian Country
One page form
No charge or expense to obtain a Federal Certification
Using Pesticides in Indian Country
What if I do not hold a valid State Certification, how do I obtain a Federal Certification?
Using Pesticides in Indian Country
Apply for and successfully obtain an appropriate State Certification or…..
Using Pesticides in Indian Country
Those who use RUP for Ag Production, on their own property, or land they rent or operate, have option to obtain a Federal Private Certification by successfully completing a training
• 12 hour program delivered over two days• Delivered via internet web based training• Offered monthly in the 1st year of the plan• No cost for the training• Space is limited, pre-registration required
Using Pesticides in Indian Country
Summary• Use pesticides under FIFRA• Comply with tribal authorities for ANY additional
requirements• State laws / certifications are often NOT valid in Indian
Country• If you will apply a RUP, you will LIKELY need to obtain a
Federal Certification– Use existing State certificate to obtain a Federal one– Private Applicators also have the option of completing an
EPA sponsored training and then receiving a Federal Certification
Using Pesticides in Indian Country
For more information
http://tinyurl.com/EPAIndianPlan or
http://www2.epa.gov/pesticide-applicator-certification-indian-country
Using Pesticides in Indian Country
Developed by theNorth Central Region IPM Center
Financial support was provided by theUSDA Agricultural Marketing Service (12-25-A-5706) and the North Central IPM Center (2012-51120-20252).
Andrew Thostenson, Pesticide Program SpecialistNorth Dakota State University Extension ServiceWalster Hall 205, NDSU Dept. 7060, P.O. Box 6050 Fargo, North Dakota 58108-6050 USATelephone: 701.231.7180, Fax: 701.231.5907E-mail: [email protected]: http://ndsupesticide.org
