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
There are a
few exceptions
Seven tribes have existing EPA programs
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-applicatorcertification-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 (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
Using Pesticides in Indian Country