5.04.020 Authority

The authority of the Tribe to enact the Pesticide Regulation lies in the inherent sovereign authority of the Saint Regis Mohawk Tribe the Tribal Procedures Act section IV (C) (1), (2), (10) and (13) (TCR 2013-32); and the Tribal Court and Judiciary Code Section V and VI (TCR 2008- 22).

Tribes cannot be granted primacy status under FIFRA. The EPA, however, does permit cooperative agreements to tribes who cooperate with EPA for the enforcement of FIFRA and who have developed their own Tribal Codes for pesticide use on tribal lands. If a tribal inspector uses tribal credentials for an inspection, enforcement can be pursued by the Tribal Council. If EPA credentials are used for an inspection, the Tribe shall send the inspection file and all information to the EPA's regional office.