National Certification Plan in Indian Country

Under the Federal Insecticide, Fungicide, and Rodenticide Act, states or tribes that choose to certify pesticide applicators can submit a state or tribal certification plan to EPA.  RUPs can only be used in areas where EPA has explicitly approved or implemented an applicator certification plan for that state or tribe.  However, state certifications are generally not valid in Indian country and certification mechanisms are not in place for most of Indian country (as defined at 18 U.S.C. § 1151). Indian country includes all lands within the exterior boundaries of Indian reservations.  EPA consulted with federally recognized tribes to develop an EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides (RUPs) within Indian Country (the EPA Plan). The EPA Plan will serve those areas of Indian country throughout the United States where no other certification mechanism exists. A federal certification issued under the EPA Plan will only be valid in those areas of Indian country specified by that certification. The EPA Plan includes a complete definition of Indian country, and fills a gap by providing applicators in Indian country legal access to the same pest control tools that are available elsewhere in the United States. The EPA Plan applies to private and commercial applicators who intend to apply RUPs in Indian country where there are no certification mechanisms in place.  EPA Region 7 Tribes that do not have a certification plan or agreement with a State are the Ponca, Meskwaki, Kickapoo, Sac and Fox, Iowa, Omaha, and Winnebago Tribes.  Tribes that have an approved certification plan or a certification agreement with a State (such as the Santee Sioux Tribe of Nebraska and the Prairie Band Potawatomi Nation in Region 7) will not be affected by the new Federal Plan.  Applicators in all other areas of Indian Country will be required to obtain Federal certification.