[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR171.10]

[Page 246]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 171--CERTIFICATION OF PESTICIDE APPLICATORS--Table of Contents
 
Sec. 171.10  Certification of applicators on Indian Reservations.

    This section applies to applicators on Indian Reservations.
    (a) On Indian Reservations 1 not subject to State 
jurisdiction the appropriate Indian Governing Body2  may 
choose to utilize the State certification program, with the concurrence 
of the State, or develop its own plan for certifying private and 
commercial applicators to use or supervise the use of restricted use 
pesticides.
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    \1\ The term Indian Reservation means any federally-recognized 
reservation established by Treaty, Agreement, Executive Order, or Act of 
Congress.
    \2\ The term Indian Governing Body means the governing body of any 
tribe, band, or group of Indians subject to the jurisdiction of the 
United States and recognized by the United States as possessing power of 
self-government.
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    (1) If the Indian Governing Body decides to utilize the State 
certification program, it should enter into a cooperative agreement with 
the State. This agreement should include matters concerning funding and 
proper authority for enforcement purposes. Such agreement and any 
amendments thereto shall be incorporated in the State plan, and 
forwarded to the Administrator for approval or disapproval.
    (2) If the Indian Governing Body decides to develop its own 
certification plan, it shall be based on either Federal standards 
(Secs. 171.1 through 171.8) or State standards for certification which 
have been accepted by EPA. Such a plan shall be submitted through the 
United States Department of the Interior to the EPA Administrator for 
approval.
    (b) On Indian Reservations where the State has assumed jurisdiction 
under other Federal laws, anyone using or supervising the use of 
restricted use pesticides shall be certified under the appropriate State 
certification plan.
    (c) Non-Indians applying restricted use pesticides on Indian 
Reservations not subject to State jurisdiction shall be certified either 
under a State certification plan accepted by the Indian Governing Body 
or under the Indian Reservation certification plan.
    (d) Nothing in this section is intended either to confer or deny 
jurisdiction to the States over Indian Reservations not already 
conferred or denied under other laws or treaties.

[40 FR 11704, Mar. 12, 1975]