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 Federally recognized tribes are sovereign nations within the United States They are bound by Federal laws and regulations They are bound by Federal laws and regulations With respect to pesticides, they can regulate pesticide use under tribal law With respect to pesticides, they can regulate pesticide use under tribal law They are not bound by State pesticide laws, regulations, or policies 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: 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 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 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 FIFRA comply with ANY tribal laws, regulations, and/or policies 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). 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) Three Affiliated Tribes of the Fort Berthold Indian Reservation (located in ND) Cheyenne River Sioux Tribe (located in SD) Cheyenne River Sioux Tribe (located in SD) Rosebud Sioux Tribe (located in MT) Rosebud Sioux Tribe (located in MT) Shoshone-Bannock Tribes of the Fort Hall Reservation (located in ID) Shoshone-Bannock Tribes of the Fort Hall Reservation (located in ID) Navajo Nation (located in AZ, NM, & UT) Navajo Nation (located in AZ, NM, & UT) Santee Sioux Tribe of Nebraska Santee Sioux Tribe of Nebraska Prairie Band Potawatomi Nation (located in KS) 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 expirations Carry the same categories Carry the same categories Are valid in Indian Country contiguous to the state Are valid in Indian Country contiguous to the state

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 12 hour program delivered over two days Delivered via internet web based training Delivered via internet web based training Offered monthly in the 1 st year of the plan Offered monthly in the 1 st year of the plan No cost for the training No cost for the training Space is limited, pre-registration required Space is limited, pre-registration required

Using Pesticides in Indian Country Summary Use pesticides under FIFRA Use pesticides under FIFRA Comply with tribal authorities for ANY additional requirements Comply with tribal authorities for ANY additional requirements State laws / certifications are often NOT valid in Indian Country 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 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 or certification-indian-country certification-indian-country

Using Pesticides in Indian Country Developed by the North Central Region IPM Center Financial support was provided by the USDA Agricultural Marketing Service (12-25-A-5706) and the North Central IPM Center ( ). Andrew Thostenson, Pesticide Program Specialist North Dakota State University Extension Service Walster Hall 205, NDSU Dept. 7060, P.O. Box 6050 Fargo, North Dakota USA Telephone: , Fax: Web: