5.04.030 Federal Certification Rule

Under the authority of Section 11(a)(1) of the Federal Insecticide, Fungicide, Rodenticide, Act (FIFRA), and in accordance with the regulations found at Title 40 of the Code of Federal Regulations (CFR) Section 171.11, the EPA is implementing a federal pesticide applicator certification plan (EPA plan) for those areas of Indian country where no other EPA-approved or EPA-implemented plan applies. This EPA plan describes a program for the certification of applicators of restricted use pesticides (RUPS) in Indian country based on the certification requirements enumerated at 40 CFR Part 171.

(Res. No. 2020-01.)

Editor's Notes

Indian country: As defined at 18 USC § 1151: "(a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation; (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same."

Consistent with the statutory definition of Indian country, as well as federal case law interpreting this statutory language, EPA treats lands held by the federal government in trust for Indian tribes that exist outside of formal reservations as informal reservations, and thus as Indian country.