Areas of Indian Country Covered by the EPA Plan

Most federally recognized tribes are covered by the 2023 EPA Plan for certification of applicators using restricted use pesticides (RUPs).

Federal certifications issued under the EPA Plan are not valid outside of the areas of Indian country covered. A state or tribe may decide to recognize the federal certification or may issue a reciprocal certificate based on the federal certificate.

Federally recognized tribes interested in choosing a different option to establish a certification mechanism should refer to the options available to tribes and engage in discussion with the relevant EPA region(s) to determine which option would best meet the tribe’s certification needs.

Areas Covered by Another EPA-Approved Certification Plan

The EPA Plan does not apply where federally recognized tribes have an EPA-approved tribe-administered certification plan or a tribal-EPA agreement in place.

The following tribes have tribe-administered certification plans that have been approved by EPA are in compliance with  2017 Certification Applicators rule (2017 CPA rule):

• Cheyenne River Sioux Tribe
• Three Affiliated Tribes of the Fort Berthold Indian Reservation

The following tribes have tribal-EPA agreements  that have been approved by EPA and are in compliance with the 2017 CPA rule:

• Prairie Band Potawatomi Nation
• Santee Sioux Tribe of Nebraska
• The White Earth Band of Chippewa Indians

Certified applicators applying RUPs in these areas covered by another EPA-approved certification plan will need to follow the procedures set out in those plans. Certified applicators should check with the relevant tribal authority and/or EPA region for more information on how to comply with the EPA-approved certification plan for that area of Indian country.

Areas Not Covered by Any EPA-Approved Certification Plan

One of the options outlined in the 2017 CPA rule is that federally recognized tribes may opt out of the EPA Plan. Opting out of the EPA Plan would mean that the use of RUPs will generally be prohibited in those areas of Indian country that have opted out and where there are no other EPA-approved certification plans in place.

EPA has received a written statement with the decision to opt out of the EPA Plan from the following tribe:

• Yurok Tribe