[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR171.10]



[Page 245-246]

 

                   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 Body \2\ 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.

---------------------------------------------------------------------------



    \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.

---------------------------------------------------------------------------



    (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 

(Sec. Sec.  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.



[[Page 246]]



    (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]