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Using Pesticides in Indian Country and the EPA’s Federal Certification Plan

Using Pesticides in Indian Country and the EPA’s Federal Certification Plan. 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

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Using Pesticides in Indian Country and the EPA’s Federal Certification Plan

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  1. Using Pesticides in Indian Country and the EPA’s Federal Certification Plan

  2. 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

  3. 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

  4. 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).

  5. How do I get certified to use RUPs in Indian Country?

  6. State issued certificates are generally not valid in Indian Country There are a few exceptions Seven tribes have existing EPA programs

  7. 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)

  8. Since there are so few tribes that have EPA approved mechanisms, what other alternatives are there?

  9. EPA Implements Plan, February 6, 2014

  10. EPA can issue a Federal certificate based on a State credential Applicator requests Federal Certification from EPA Regional Office

  11. Federal certificates • Carry the same expirations • Carry the same categories • Are valid in Indian Country contiguous to the state

  12. One page form No charge or expense to obtain a Federal Certification

  13. What if I do not hold a valid State Certification, how do I obtain a Federal Certification?

  14. Apply for and successfully obtain an appropriate State Certification or…..

  15. Those who use RUP for Ag Production, on their own property, or land they rent or operate, have option to obtain a Federal Private Certificationbysuccessfully 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

  16. 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

  17. For more information http://tinyurl.com/EPAIndianPlanor http://www2.epa.gov/pesticide-applicator-certification-indian-country

  18. 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 Specialist North Dakota State University Extension Service Walster Hall 205, NDSU Dept. 7060, P.O. Box 6050 Fargo, North Dakota 58108-6050 USA Telephone: 701.231.7180, Fax: 701.231.5907 E-mail: Andrew.Thostenson@ndsu.edu Web: http://ndsupesticide.org

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