Areas of Indian Country Covered by the EPA Plan
Most areas of Indian country are currently covered by the 2014 EPA Plan for certification of applicators using restricted use pesticides (RUPs) and will be covered by the revised EPA Plan once the proposed revisions to the 2014 EPA Plan are finalized.
Federal certifications issued under the 2014 EPA Plan or the revised EPA Plan once finalized are not valid outside of the areas of Indian country covered. A state or tribe may decide to recognize the federal certification or may issue a reciprocal certificate based on the federal certificate.
Federally recognized tribes interested in choosing a different option to establish a certification mechanism should refer to the options available to tribes and engage in discussion with the relevant EPA region(s) to determine which option would best meet the tribe’s certification needs.
Areas Covered by Another EPA-Approved Certification Plan
The 2014 EPA Plan or the revised EPA Plan once finalized does not apply where federally recognized tribes have an EPA-approved tribal certification plan or a tribal-EPA agreement in place.
The following tribes have existing tribal certification plans that are currently valid and have submitted revised tribal certification plans to be in compliance with the 2017 Certification of Pesticide Applicators regulation:
- Three Affiliated Tribes of the Fort Berthold Indian Reservation
- Cheyenne River Sioux Tribe
- Shoshone-Bannock Tribes of the Fort Hall Reservation
The following tribes have existing tribal-state agreements that are currently valid and have submitted revised tribal-EPA agreements to be in compliance with the 2017 Certification of Pesticide Applicators regulation:
- Santee Sioux Tribe of Nebraska
- Prairie Band Potawatomi Nation
- The White Earth Band of Chippewa Indians
Certified applicators applying RUPs in these areas covered by another EPA-approved certification plan will need to follow the procedures set out in those plans. Certified applicators should check with the relevant tribal authority and/or EPA region for more information on how to comply with the EPA-approved certification plan for that area of Indian country.
Areas Not Covered by Any EPA-Approved Certification Plan
One of the options outlined in the 2017 Certification of Pesticide Applicators regulation is that federally recognized tribes may opt out of the revised EPA Plan once the proposed revisions are finalized and implemented. Opting out of the revised EPA Plan would mean that the use of RUPs will generally be prohibited in those areas of Indian country that have opted out and where there are no other EPA-approved certification plans in place.
EPA has received a written statement with the decision to opt out of the revised EPA Plan from the following tribe:
- Yurok Tribe