THE VALUE OF EPA AND TRIBES
WORKING TOGETHER AS PARTNERS
The National Pesticide
Tribal Program:
Achieving Public Health and Environmental Protection
in Indian Country and Alaska Native Villages
United States
Environmental Protection
Agency
Office of Pesticide Programs (7506P)
Washington, DC 20460
EPA-735-F-09-007
October 2009
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Contents
Message from Assistant Administrator 1
Tribal Facts and Figures 2
Introduction 3
Means to Ensure Protection in Indian Country:
1 :Effective Partnerships 4
2 Working Efficiently 5
3 Targeted Risk Assessment and Risk Management 6
4 Protective Frontline Implementation 7
Special Section: Representative Tribal Pesticide
Protection Activities 8
5 Policy Development and Interpretation 11
6 Program Performance Accountability 12
7 Next steps in Indian country 12
Maps of Indian Reservations 13
Map of EPA Regional Offices and Pie Charts 14
EPA Headquarters Pesticide Tribal Program Offices 15
EPA Regional Pesticide Tribal Program Offices 15
Sources for Facts and Figures 16
Front cover photos: First row, left to right: Applicators of Navajo Agricultural Products Industry wear
proper protective equipment to treat for rodent control; EPA Staff and Hutterite farmer conducting
Worker Protection Standard Inspection on Blackfeet Reservation; EPA Athens Lab employee on Poarch
Band of Creek Indians reservation in Alabama demonstrating to two tribal members how to test soil for
pesticides residues. Second row, left to right Confederated Salish & Kootenai Tribes Pesticide Circuit
Rider conducts a worker protection safety inspection at tribal greenhouse; Confederated Salish &
Kootenai tribes Pesticide Circuit Rider presentation on Circuit Riders; Colorado River Indian Tribe
members disposing of pesticides. Third row, left to right: EPA employee conducting Integrated Pest
Management training to tribal pesticide managers; Confederated Salish & Kootenai Tribe and USGS
conducting surface water sampling; Santee Sioux Nation Environmental Coordinator, Niobrara, NB.
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A Message from Steve Owens, EPA Assistant
Administrator for Prevention, Pesticides and
Toxic Substances
Dear Readers:
EPA has a long history of supporting tribal pesticide programs. EPA
Administrator, Lisa Jackson reaffirmed this agency's 1984 Indian Policy
on July 22, 2009. That policy put in place the framework and principles
by which the EPA's relationship with tribes and our support for tribal
programs are realized. Through the Policy, EPA recognizes the right of
tribes as sovereign governments to self-determination and acknowledges
the federal government's trust responsibility to tribes. EPA works with
tribes on a government-to-government basis to protect the land, air and
water in Indian country.
This brochure describes the priorities, challenges and successes of the
Tribes, EPA, and stakeholders in the broad and complex arena of the
National Pesticide Tribal Program. It describes how EPA and tribes work
together as partners to achieve public health and environmental
protection in Indian Country. Case studies of successful tribal pesticide
programs are provided, and some key needs and program priorities are
identified.
I am extremely honored to have been chosen by President Obama to be
the Assistant Administrator for the Office of Prevention, Pesticides and
Toxic Substances. From my experience as the former director of the
Arizona Department of Environmental Quality, I had the opportunity to
work with tribal governments on a daily basis, and I understand first-
hand the challenges tribes face. I am strongly committed to continuing
EPA's support for tribal pesticide programs. The pesticide issues that
affect tribes today will require 21st century solutions and approaches.
Together we must improve upon our past efforts and focus our program
goals on the overriding goal of protecting human health and the
environment in Indian Country. To achieve this we must make the most
efficient use of the resources available. We will continue to work closely
with our tribal partners to achieve better protection in Indian Country
and ensure the safety of all people.
Thank you for taking the time to read about the National Pesticide Tribal
Program and the value of EPA and tribes working together.
Steve Owens
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Tribal Facts and Figures
General Statistics
2.5 million American Indians and Alaska Natives (2000 Census).
564 Federally recognized tribes (Bureau of Indian Affairs).
66 million acres of trust land in Indian country.
Tribal Poverty rate is about 23°/o, compared to the national average of 12.5%.
Agricultural Statistics
There are a total of 79,703 American Indian or Alaska Native operators on 61,472
farms and ranches across the United States.
American Indian farm operators are more likely than their counterparts nationwide to
report farming as their primary occupation, to derive a larger portion of their overall
income from farming, and to own all of the land that they operate, rather than renting
or leasing land. Farmworkers and their families have a high potential for exposure to
pesticides.
The states with the highest percentage of American Indian principal operators are
Arizona (53.9 percent), New Mexico (21.5 percent), Nevada (12.5 percent),
Number of Farms with American Indian
or Alaska Native Operators
~ctal Courses A.:h .American ndar
^ or Alaska Native Operators
2,242
Farms
or no data
-25
6- 5C
Q51 - 1GQ
101 -250
251 -500
501 oi moie
Page 2
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Achieving Public Health and Environmental Protection in
Indian Country and Alaska Native Villages
Pesticides are designed to
harm insects, weeds,
disease-causing organisms
and other pests and, if not
used properly, they have
the potential to harm
people and the
environment. EPA's Office
of Pesticide Programs is
responsible for ensuring
that pesticides will not
cause unreasonable
adverse effects on human
health or the environment.
EPA's Indian Policy
"In carrying out our
responsibilities on Indian
reservations, the
fundamental objective of
the Environmental
Protection Agency is to
protect human health and
the environment. The
keynote of this effort will be
to give special
consideration to Tribal
interest in making Agency
policy, and to [e]nsure the
close involvement of Tribal
Governments in making
decisions and managing
environmental programs
affecting reservation lands."
Environmental Justice is
the fair treatment and
meaningful involvement of
all people regardless of
race, color, national origin,
or income with respect to
the development,
implementation, and
enforcement of
environmental laws,
regulations, and policies.
EPA has this goal for all
communities and persons
across this Nation,
including tribal
communities.
Introduction
In the United States, there are 564 federally recognized Indian tribes, with a population
of 2.5 million American Indians and Alaska Natives; and there are approximately 66
million acres of trust land. Cultural practices, subsistence diets, location, and economic
status can create special concerns from pesticide exposure for Native Americans living
in Indian country. Unique jurisdictional issues and resource needs can complicate the
ability to address pesticide risk issues and
work toward the goal of protecting human
health and the environment in Indian
country.
The federal government has a special
relationship with federally recognized
tribes, which retain important aspects of
sovereignty over their members and
territories. Federal policy in the United
States recognizes this sovereignty and
stresses government-to-government
relations between the United States and
tribal governments.
National Pesticide Tribal
Program Strategic Goals
The primary goal of the National
Pesticide Tribal Program is to help
protect human health and the
environment by ensuring pesticides and
alternatives are available in Indian
country and can be used according to
label directions without causing
unreasonable risks. An additional goal
is to consider the unique exposures and
cultural practices that pertain to tribes.
The Program uses a mix of tools,
activities, and programs to protect tribal
members from potential pesticide risks:
Risk assessment and risk
management through pesticide
registration
Frontline program implementation
(e.g., grants, guidance, training,
and technical assistance)
Policy development and
interpretation
Advocacy and liaison
Consultation
Program performance accountability
Nature of Unique Challenges
Indian country is defined by statute at 18
U.S.C. and includes all land within
reservation boundaries, dependent Indian
communities, and allotments. Under the
statutory definition, Indian country
includes lands held in trust for tribes even
if those lands have not been formally
designated as reservations. Many tribes
are in remote locations. According to
recent reports by the U.S. Census Bureau
and U.S. Indian Health Service:
43% of the Indian population resides
in rural areas, with greater potential
for exposure to agricultural
pesticidescompared to 21% of the U.S. population as a whole.
A number of jurisdictional issues affect tribes, i.e., uniqueness of treaties, the
patchwork of tribal and non-tribal land ownership within Indian country, tribal law,
and court decisions can make managing and resolving environmental issues more
complex.
Many tribes have limited staff, funding, and equipment to devote to pesticide-
related activities, and many tribes face difficulties hiring and retaining qualified
personnel.
The general population of Indian country has larger families, less health insurance,
and a poverty level nearly twice that of the rest of the U.S. population.
Because of varying practices among tribes, accurate data on tribal pesticide use are
difficult to obtain, which makes measuring program progress and successes
difficult.
www.epa.gov/pesticides/tribes
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The Value of EPA and Tribes Working Together as Partners
Statutory Mandate
The National Pesticide Tribal
Program is undertaken
consistent with the federal
government's trust
responsibility to federally
recognized tribes, including
consultation with tribes on
actions affecting Indian
country, government-to-
government relationship with
tribes, and EPA's authorizing
statutes and implementing
regulations and policies.
The Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA) addresses the sale,
distribution, use, and labeling
of pesticides, as well as the
certification and training of
pesticide applicators, among
other things. EPA generally is
the primary enforcement
authority for pesticide use
violations in Indian country.
But several tribes have
cooperative agreements with
EPA to help enforce FIFRA.
Under FIFRA section 23,
EPA may enter into cooperative
agreements with tribes. These
agreements may include
provisions for tribes to assist
EPA in ensuring compliance
with FIFRA by obtaining federal
inspector credentials,
conducting inspections, and
recommending enforcement
actions to EPA. Additionally,
some tribes have their own
inspection and enforcement
authorities to ensure
compliance with their own
pesticide codes and ordinances.
Means to Ensure Protection in Indian Country:
1. Effective Partnerships
To meet program challenges and succeed in achieving health and environmental
protection goals, a number of organizations collectively work with tribes. EPA
works with tribal governments to implement pesticide programs under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and provides tribes
expertise, knowledge, and opportunities for partnership when pesticide issues
affect Indian country. EPA provides funding to some tribes to offer pesticide
education, technical assistance, and compliance and enforcement, and to develop
and implement pesticide programs under tribal law. Each EPA Regional Office
coordinates tribal programs within its respective region, except for Region 3,
which does not currently contain federally-recognized tribes.
The Office of Pesticide Programs' (OPP) efforts related to tribes and pesticides are
carried out in conjunction with EPA's Office of Enforcement and Compliance
Assurance (OECA), Office of Science Coordination and Policy, Office of General
Counsel, American Indian Environmental Office, EPA Regional Offices, and other
federal agencies. EPA also works extensively with the Tribal Pesticide Program
Council (TPPC), an organization funded by OPP and representing almost 40
tribes, as our primary forum for maintaining effective tribal partnerships on a
national level.
The Tribal Pesticide Program Council (TPPC) is a forum where tribal pesticide anc
environmental officials can raise pesticide program implementation issues to EPA, offe
input on national pesticide policy that affects tribes, offers a network for tribal
pesticide officials to share information, and promote and enhance tribal pesticide
program development. The expected outcomes of working with the TPPC include:
Increased partnerships between EPA and tribes involved in various aspects of
pesticide regulatory programs;
Improved understanding for EPA on tribal pesticide concerns to more effectively
protect human health and the environment in Indian country and Alaska Native
Villages; and
Enhanced capabilities of tribal participants through increased knowledge of how
to implement quality pesticide programs, leading to better protection of human
health and the
environment in
Indian country and f +..
Alaska Native * » *
Villages.
Photo: OPP and TPPC
at annual meeting
Page 4
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The Coeur d'Alene
Circuit-Rider
EPA Region 10 provides funding
through a Cooperative
Agreement to the Coeur
d'Alene Tribe located in
northern Idaho to conduct
pesticide program activities on
behalf of EPA within that
reservation, as well as for five
other participating tribes in
northern Idaho (Kootenai, Nez
Perce) and eastern Washington
(Colville, Spokane, and
Kalispel). Eric Gjevre, who has
served in the Coeur d'Alene
Circuit-Rider position for over
10 years, conducts inspections
to assure that pesticides are
sold and used properly within
the six reservations. Eric also
provides technical assistance,
education and training on the
legal and safe use of pesticides.
Eric works closely with Idaho
and Washington State pesticide
agencies on cross-jurisdictional
issues and to share training
opportunities.
This Circuit Rider program
benefits participating tribes by
providing low cost or no cost
access to a trained pesticide
specialist who can provide
pesticide education and
compliance monitoring
activities within their
Reservations. The program
also benefits EPA by providing
cost-effective pesticide
program coverage over a large
geographic area of Indian
Achieving Public Health and Environmental Protection in
Indian Country and Alaska Native Villages
2. Working Efficiently
To make the most efficient use of limited resources, the National Tribal Pesticide
Program pursues policies and approaches that can address the most serious
pesticide concerns and benefit the most tribes. For example, OPP distributes
funds to the EPA Regional Offices to support tribal pesticide programs using a
needs-based formula that accounts for the number of federally recognized tribes,
and the total population and acreage in Indian country in each region. Tribes
and EPA are preparing Pesticide Use Assessments to help identify pesticide-
related concerns in Indian country and prioritize our efforts. In addition, we are
developing training and circuit rider programs that can benefit multiple tribes,
where appropriate. Circuit riders maximize our resources because one tribal
pesticide expert can offer several tribes pesticide technical assistance, education,
training, and in some cases, assistance with assuring compliance with pesticide
laws and regulations. This initiative has allowed significant increases in program
coverage an increase in the number of tribes, population, and acreage
covered meaning information on how to safely use pesticide products travels
farther and faster (see chart below). To date, eight tribal circuit riders have
been established, providing program coverage for 30 tribes and more than
330,000 people on more than 12.8 million acres.
Between 2007 and 2009, EPA funded four new pesticide tribal circuit riders,
covering an additional 13 tribes, 283,000 people and approximately 7.9 million
acres in Indian country.
Expanded Tribal Coverage by
Promoting Multi-Tribal Circuit Riders
30-.
25-
20-
15-
10
5-
1999 2004 2005 2007 2008 2009
Number of Tribes Millions of Acres Covered -Ten-Thousands of Population Covered
www.epa.gov/pesticides/tribes
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The Value of EPA and Tribes Working Together as Partners
Tribal Exposure to
Pesticides:
Agricultural pesticide use.
Pesticide spray drift for
workers and for those living
close to agricultural fields.
Special exposure scenarios,
e.g., subsistence diet and
exposure to pesticide-
treated cultural artifacts.
Pesticide use in schools and
community buildings.
Pesticides in water
resources.
Pesticides used in homes to
control pests.
Illegal disposal of old or
unused pesticides.
nd
3. Targeted Risk Assessment and Risk Management
Tribal members may be subject to different pesticide risks than other Americans
because of unique tribal lifestyles and exposure patterns. OPP works to consider
and address these factors when registering pesticides:
EPA has considered tribes and other subpopulations in risk assessments,
including consideration of factors such as atypical pesticide use patterns,
differences in diets (e.g., subsistence diets, traditional foods, and other
differences in food consumption), and bioaccumulation (especially for
subsistence fishermen and breast milk).
EPA's risk assessment for the pesticide lindane specifically addressed
concerns of Arctic tribal members. EPA also worked with the Indian Health
Service to phase out the use of lindane in shampoo to control lice.
Exposure to Persistent Organic Pollutants (POPs) can adversely impact on
tribal traditional lifeways, particularly in Alaska. These products are generally
no longer used in the United States. However, POPs migrating through the
air from other countries are deposited in the Arctic, contaminating the food
chain. OPP's efforts to eliminate lindane use in the United States are expected
to reduce the production of lindane in other countries, which should result in
reduced deposits in the Arctic.
To ensure better science, EPA is developing exposure assessment tools, such
as the Tribal LifeLine software. This software is intended to provide
databases and models that allow risk assessors to consider the traditional
diets and activities of tribes. The Tribal LifeLine Project will provide
regulators with the tools to better characterize exposure and risk for focused
populations and will build capacity within the Native American communities
for informed decision-making about health and environmental concerns.
Although the impetus for the project has been better science for tribal
populations, the software is valuable for use with any focused population
(e.g., farm workers, sports fishers, and coastal communities with high fish
consumption).
Page 6
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Achieving Public Health and Environmental Protection in
Indian Country and Alaska Native Villages
Personal protective equipment is
demonstrated at Pesticide Inspector
Residential Training (PIRT).
Pesticide Inspection on the Colorado
River Indian Tribe (CRIT) reservation.
4. Protective Frontline Implementation
Action at the point of pesticide use is critical to whether the Pesticide Program is
successful at translating the intended risk mitigation of our regulatory mandates,
licensing actions, and policies into real world protection of human health and the
environment in Indian country. Examples of these activities include:
Focused Assistance. EPA regions work with tribes to build capacity to
implement tribal pesticide programs. Activities include pesticide training, risk
communication, and technical assistance. Improved tribal understanding of
program requirements, operational processes, recent actions, and emerging
issues allows tribes to be more effective in their protection activities.
Funding helps support local programs. EPA funds cooperative
agreements and grants with tribes for pesticide program implementation to
enable tribes to support effective pesticide risk management. This funding is
used for a variety of tribal activities, including training, outreach, and
education, and encouraging integrated pest management. For example, EPA
Region 2 recently entered into a Performance Partnership Agreement (PPG)
with the St. Regis Mohawk Tribe and provided funding to evaluate potential
pesticide concerns as well as to establish a pesticide outreach and education
program unique to the Mohawk community's culture and values. EPA also
awards cooperative agreement grant funding to support tribal pesticide
enforcement activities to address pesticide use in Indian country. The
purpose of a tribal pesticide enforcement program is to conduct compliance
and enforcement activities under FIFRA or to ensure compliance with tribal
pesticide codes.
Direct Implementation. EPA generally has pesticide program
implementation and enforcement responsibility and seeks tribal partnership to
support that work.
Enforcement and compliance training provides tribes with knowledge
and experience to implement effective pesticide enforcement and
compliance programs in Indian country. OECA provides Pesticide
Inspector Residential Training (PIRT) courses annually for state and tribal
inspectors. All PIRT courses include training to improve basic inspection
skills, mock inspections and worker safety. In 2008, OECA developed a
tribal-specific PIRT course in Structural Pest Control. Participants were tribal
inspectors who conduct pesticide use inspections and investigations to assure
that pesticides are sold, distributed, and used in accordance with federal and
tribal pesticide laws. This course provided information about conducting use
inspections and investigations for pesticides used in structures such as
schools and other buildings. OECA also offers the Tribal Compliance
Assistance Center at http://www.epa.gov/tribalcompliance/. This is a Web-
based tool that serves as resource for tribes to access comprehensive, easy-
to-understand compliance information targeted specifically for environmental
issues in Indian country.
Continued on page 10...
www.epa.gov/pesticides/tribes
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It's essential that all tribal pesticide programs, especially a
one-man-show like many tribes operate, including Salt
River Pima-Maricopa Indian Community (SRPMIC), reach
out to one another and outside agencies to pool
resources, and work with the allocated grant funds. All of
these tribal programs, SRPMIC included, are at some
intermediate growth stage and look outside to the horizon
for opportunities to learn from others facilitating their
growth to successful maturity.
- Mark Aaron, Indian Community Senior Environmental
Specialist, Pesticides and Hazardous Substances, Salt
River Pima-Maricopa Indian Community, AZ
Environmental Protection and Natural Resources Division
The regulation and use of pesticide products are complex
programs. Sharing knowledge and collaborative learning
opportunities can accelerate development of program
expertise, thereby enhancing protection. SRPMIC has
aggressively pursued such opportunities.
Mark Aaron has established a network with the two
Arizona agencies that regulate pesticides (Arizona
Department of Agriculture and the Office of Pest
Management), the Navajo Nation, Gila River Indian
Community (GRIC), and the Colorado River Indian Tribes
(CRIT). The Arizona Department of Agriculture and the
Office of Pest Management have scheduled special training
sessions for tribal inspectors at the SRPMIC's requests.
Mark has been allowed to shadow inspectors who
coordinate personnel within their agencies to answer
questions regarding verification of state licensure, product
registration verification, and compliance and enforcement
actions they have taken in their jurisdiction, and to
provide forms, boilerplate language, and training manuals.
Mark has also attended multi-agency inspections with
GRIC coordinated by EPA as a training exercise at
producer establishments, and joined the Navajo Nation on
State of Arizona follow-up inspections, and WPS and
maintenance yard inspections. He has shadowed CRIT on
an inspection and attended meetings with agricultural
applicators to provide Worker Protection Standard
compliance awareness. CRIT has also provided Mark with
an in-depth look at how it manages its database of 1080-
Notice of Intent Pesticide Applications, which allows CRIT
to plan an effective schedule of daily inspections before
arriving on site.
Collaborative protection efforts are enhanced by effective
resource support to advance critical projects. For
example, with federal assistance grants, the Navajo
Nation EPA Pesticide Enforcement Program (NNEPA)
conducts compliance inspection, monitoring, and
investigations on Navajo Nation, and has achieved some
significant accomplishments. Inspections have resulted in
multiple instances of violations that were corrected,
including:
Application of pesticides at a residential construction
site without proper personal protective equipment.
Herbicide treatments at several electrical substations
without proper personal protective equipment, and
reentry into treated areas before specified time.
Spot treatment of areas in an occupied office building
that were prohibited by the label.
Illegal disposal of a pesticide.
Herbicide application at oil wells, around tank
batteries, with improper application equipment.
EPA Region 9 has assisted the Navajo EPA Pesticide
Program in funding a position for an individual to work
within the Navajo EPA Pesticide Program to:
Improve the USEPA/NNEPA Program inspection
process.
Provide their inspectors with the knowledge and skills
needed to successfully meet program goals and
enrich the dialogue between the USEPA and NNEPA,
and
Assist the NNEPA in its development of vital pesticide
enforcement documents.
Colorado River
Indian Tribes
(CRIT) photo of
applicator wearing
proper personal
protective
equipment during
agricultural
pesticide
application.
PageS
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Protection through education and timely information
exchange are important tools to help growers minimize
pesticide risks. The Colorado River Indian Tribes (CRIT)
pesticide program conducts a comprehensive compliance
assistance and outreach program for all the agri-business
in the community.
One tool CRIT provides to growers is a check list
identifying the components necessary to be compliant
with tribal and federal codes and regulations and to
perform a self-evaluation of its current operations. At a
pre-determined date, pesticide inspectors review the self-
assessment check list with the participant, point out areas
of concern, and answer any questions by the participant.
Both parties then agree on the amount of time necessary
to address targeted areas for improvement.
With cooperation from farmers, pesticide dealers,
applicators, inspectors, pesticide control advisors (PCAs),
and local agri-businesses, CRIT has developed a Pesticide
Tracking System to provide inspectors with the necessary
information needed to proactively deal with pesticide
issues. The system allows CRIT to identify and track
pesticide aerial, chemigation, and ground applications in
every single agricultural field of the 85,000 acres that are
currently under production.
CRIT is also able to track tribal and state pesticide
certifications and permit expiration dates of dealers, PCAs,
growers, pesticide handlers, and applicators. Information
in the tracking system is also portable by way of laptop
computers in vehicles that inspectors carry in the field.
This allows pesticide staff to observe an application in
progress and identify the field and the grower in real time.
They can then look at the Pesticide Tracking System, and
verify if a form 1080, Notice of Intent, has been submitted
for that application.
Worker Protection
Safety Training
conducted at
Colorado River
Indian Tribes (CRIT)
farm.
In 2002, EPA provided a grant to support the development
of an integrated pest management (IPM) pilot project in
the Salt River Pima-Maricopa Indian Community schools.
The funds provided in that grant were used by the tribe to
perform an IPM assessment to identify the extent of the
pest issues in their community schools and to identify
strategies for ecologically sound pest management
approaches, such as:
Improved hygiene standards.
Exclusion methods.
Habitat manipulation.
Biological control species, such as ladybugs,
mantids, geckos, and housecats.
Selection of target specific control products that
have low toxicity and environmental impact, such
as insect growth regulators
Non-chemical pest control products, such as glue
boards and ultraviolet lights.
The goals of this pilot were a 90% reduction in chemical
pesticide usage in the piloted schools, an 85% reduction
in pests, a better understanding of IPM, the ability to
further implement an IPM program in tribal schools, and
the knowledge to implement IPM methods in tribal homes
within the Salt River Pima-Maricopa Indian Community.
EPA Region 8
staff conducting
IPM training for
tribal inspectors
at local school.
Proper food
storage in
school's kitchen
is discussed.
www.epa.gov/pesticides/tribes
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The Value of EPA and Tribes Working Together as Partners
Colorado River Indian Tribe (CRIT)
shreds pesticide containers for
recycling at the Woods Crop Dusting
facility.
*
Protective Frontline Implementation continued...
Training improves the effectiveness and efficiency of tribal programs
and the TPPC. In the spring of 2009, OPP offered a course targeted
specifically to tribal environmental and pesticide program managers and TPPC
members through the Pesticide Regulatory Education Program (PREP). The
goal of this course was to provide training in leadership, management, and
program skills that could benefit both the individual tribal programs and the
TPPC organization as a whole.
Clear and effective guidance leads to improved environmental
protection. OPP developed guidance on meeting pesticide container and
containment requirements in Indian country. Information like this can be
useful for programs such as the pesticide container recycling program
implemented by the Colorado River Indian Tribe (CRIT), which provided a
central location for farmers to dispose of their used pesticide containers free
of charge. Currently, with the cooperation of applicators and farmers, a total
of 24 tons of plastic pesticide containers have been removed from the
reservation for recycling, avoiding the need to burn or landfill these
containers. This program provides a way to avoid air, water, and soil
contamination.
USGS Water Sampling: EPA Region
8, USGS, and Confederated Salish &
Kootenai Tribes(CSKT) Personnel.
Good data are essential for sound decision-making. EPA Region 9 and
the Albuquerque District of U.S. Geological Survey (USGS) jointly funded a
Groundwater Vulnerability and Aquifer Sensitivity Study with the Navajo
Nation to help obtain information on the nature and severity of potential
water quality concerns due to pesticide use. This study, which was
conducted as part of the Navajo Nation's Pesticide and Groundwater
Management Plan, included information on geology, precipitation, soil
properties, slope of the land surface, and the location of stream courses.
This information is useful to help identify potential for pesticide contamination
and areas to focus on remediation.
Confederated Salish & Kootenai Tribes:
Water Quality Monitoring
Within the reservation boundary of the Confederated Salish &
Kootenai Tribes (CSKT), there are approximately 180,000 acres of
rivers, lakes, streams, and wetlands. Pesticide applications to nearby
orchards and farms may impact water quality through runoff and
agricultural return flows. In addition, non-native fish and vegetation
are often controlled through direct pesticide applications to water.
EPA and the U.S. Geological Survey awarded a grant to CSKT to begin
baseline water quality monitoring. The data generated from these
types of baseline monitoring projects can direct a tribe to areas that
may be impacting water quality and help to focus outreach and
inspection activities within the areas of greatest concern.
Page 10
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Achieving Public Health and Environmental Protection in
Indian Country and Alaska Native Villages
Native Americans weaving plants
to make baskets.
Policy Development and
Interpretation
in Navajo Indian Country
The implementation of a
Federal Plan for the
Certification of Restricted Use
Pesticide Applicators in
Navajo Indian country
provides federal certification
allowing individuals
possessing a valid
certification with the states of
Arizona and Utah to legally
apply restricted use pesticides
within the exterior boundaries
of the Navajo Nation,
including the satellite
reservations.
A Memorandum of
Understanding has been
established between USEPA
Region 9, Navajo Nation,
Arizona State Department of
Agriculture, Arizona Office of
Pest Management, and the
Utah State Department of
Agriculture Pesticide Program.
More information can be
found at http://www.epa.gov/
oppfead I/safety/
applicators/2007/navajo.htm.
Special Projects. The Agency also welcomes opportunities to collaborate
with tribal organizations. OPP worked with the California Basketweavers
Association to develop a brochure informing tribal basketweavers about
potential exposure to pesticides while collecting native plants and weaving
baskets.
5. Policy Development and Interpretation
EPA has developed several policies in recent years to help assure equal access to
pesticide tools for growers in Indian country and equal protection of human
health and the environment. We rely on the TPPC to help identify where policies
or programs need to be developed to address pesticide issues in Indian country.
EPA gives special consideration to tribal interests in making Agency policy and
honors tribal sovereignty through government-to-government consultation with
federally recognized tribes on issues that may affect tribes and Indian country.
Two recent examples are:
Use of Pesticides for Emergency Use and Special Local Needs. FIFRA is
silent on whether the benefits of emergency (FIFRA sec. 18) or special local
need (FIFRA sec. 24(c)) pesticide products are available to tribes and farmers
in Indian country. With considerable help and input from the TPPC, EPA
instituted a three-year, nationwide pilot program ensuring that, under certain
conditions, pesticide users in Indian country have the same access to
emergency and special local need pesticide products that are available
outside of Indian country. Tribes may exercise their sovereignty by electing
not to participate in the pilot program. Visit http://www.epa.gov/oppfeadl/
tribes/pilot-project.htm.
Certification and Training of Pesticide Applicators. In most cases,
restricted use pesticides (RUPs) are not available for use in Indian country
because of the lack of approved tribal certification plans/programs. EPA is
developing options to make RUP certification available in Indian country
nationwide. This will help ensure growers in Indian country have access to
the same pest control tools available outside Indian country, and that
applicators are properly trained to use these hazardous pesticide products
safely.
www.epa.gov/pesticides/tribes
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The Value of EPA and Tribes Working Together as Partners
Attention to structural pest
control is an important effort
where there are large housing
complexes in Indian Country
that are treated on a regular
basis.
6. Program Performance Accountability
Government agencies must ensure the maximum return on our investment of
public funds, focus on the greatest concerns, work toward achieving strategic
goals, and monitor our performance. For these reasons, performance
requirements and accountability are built into tribal cooperative agreements.
OPP measures our progress in Indian country by tracking increases in the
Pesticide Tribal Program coverage for the number of acres, tribes, and people
living in Indian country. We are also investigating other ways to measure
environmental gains in Indian country. For example, we believe that Pesticide
Use Assessments in Indian country that help identify tribal needs and set
priorities may also be useful in measuring the performance of the Program.
These assessments could also replace the needs-based formula currently used to
determine resource allocations. Finally, multiple activities targeted at reducing
pesticide risk in areas of high concern could be developed based on the outcome
of the assessments.
7. Next steps in Indian country
Tribes, EPA, and other stakeholders face many challenges because the National
Pesticide Tribal Program is broad and complex. We've made good progress in
addressing some key needs and program priorities with the resources available.
Nonetheless, there still remains work to be done. For example, out of the 562
federally recognized tribes, only about 30 have pesticide cooperative agreements
with EPA. We need to continue effective planning and efficient program
management to target resources and attention to the highest needs. Working
with tribal partners, we can achieve better protection and meet the challenges of
the 21st century.
Visit EPA's Tribal Portal at www.epa.gov/tribal.
Here you can access all EPA related tribal information.
Page 12
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Achieving Public Health and Environmental Protection in
Indian Country and Alaska Native Villages
Indian Reservations in the Continental United States
Map of Indian Reservations in the
Continental United States
Map of Indian Reservations in Alaska
This map shows the location of Federal
Indian Reservations in the continental
United States, with numbers indicating
the locations. The key to the reservation
names is available at http://
www.nps.gov/history/nagpra/
DOCUMENTS/ResMapIndex.htm
Map of Indian Reservations in
Alaska
This map shows the reservations in Alaska
and the green dots represent the
federally recognized tribes and Native
Villages.
-S
-r^T.
*~~'
www.epa.gov/pesticides/tribes
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The Value of EPA and Tribes Working Together as Partners
AK M
'^B ^^^^h iH
AR
6 MS AL GA
FL
PR
VI
Tribal Population in Each EPA Region
Region 1
0.3%
Region 2
1.7%
Region 10
16.9%
Region 9
34.6%
Region 4
1.9%
Region 5
11.6%
Region 6
9.4%
Region 7
1.7%
^Region 8
22.1%
Region 10
8.4%
Tribal Land in Each EPA Region
Region 2 Region 4
°-4"/°_Region 5
4.5%
Region 6
6.1%
0.3%
Region 9
39.7%
Region 7
1.0%
Region 8
39.7%
Page 14
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Achieving Public Health and Environmental Protection in
Indian Country and Alaska Native Villages
EPA Headquarters Pesticide Tribal Program Offices
Office of Pesticide Programs (7506P), 1200 Pennsylvania Avenue NW Washington, DC
20460
Office of Pollution Prevention and Toxic Substances (7101M) 1200 Pennsylvania Avenue
NW Washington, DC 20460
Office of Enforcement and Compliance Assurance(2225A), 1200 Pennsylvania Avenue
NW Washington, DC 20460
EPA Regional Pesticide Tribal Program Offices
Region 1
(ME, VT, NH,
MA, RI, CT,)
Region 3
(DC, DE, MD,
PA, WV, VA)
Region 5
(IL, IN, MN,
MI, OH, WI)
Region 7
(KS, IA, MO,
NE)
Region 9
(AZ, CA, HI,
NV)
U.S. EPA Region 1
1 Congress Street,
Suite 1100
Mail Code SEP
Boston, MA 02114
617-918-1535
Currently no federally
recognized tribes are in
Region 3
U.S. EPA Region 5
77 West Jackson Blvd
Mail Code LC-8J
Chicago, IL 60604
312-886-5994
U.S. EPA Region 7
901 North Fifth Street
Mail Code WWPDTOPE
Kansas City, KS 66101
913-551-7139
U.S. EPA Region 9
75 Hawthorne Street
Mail Code CED-5
San Francisco, CA
94105
415-947-4217
Region 2
(NY, NJ, VI,
PR)
Region 4
(AL, FL, KY,
GA, MS, NC,
SC, TN)
Region 6
(AR, LA, NM,
OK, TX)
Region 8
(CO, MT,
ND, SD, UT,
WY)
Region 10
(AK, ID, OR,
WA)
U.S. EPA Region 2
Raritan Depot
2890 Woodbridge Avenue
Mail Code 500MS500
Edison, NJ 08837
732-321-6769
U.S. EPA Region 4
61 Forsyth Street, S.W.
Atlanta, GA 30303
404-562-9171
U.S. EPA Region 6
1445 Ross Avenue,
Suite 1200
Mail Code 6PDP
Dallas, TX 75202
214-665-7564
U.S. EPA Region 8
1595 Wynkoop St.
Mail Code 8P-P3T
Denver, CO 80202
303-312-6020
U.S. EPA Region 10
1200 Sixth Avenue, Suite 900
Mail Code OCE-084
Seattle, WA 98101
206-553-0682
www.epa.gov/pesticides/tribes
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The Value of EPA and Tribes Working Together as Partners
Sources for Facts and Figures
Agricultural Statistics and Map: 2007 Census of Agriculture: American Indian
Farmers
Map of Indian Reservations in the Continental United States: http://
www.nps.gov/history/nagpra/DOCUMENTS/RESERV.PDF
Map of Alaska Native Villages: Bureau of Indian Affairs. September, 2002
Indian Lands and Native Entities in the United States (IND3_2002)
Number of federally recognized tribes and acres: Bureau of Indian Affairs at
http://www.doi.gov/bia/ and www.doi.gov/facts.html
Acres of trust land: Bureau of Indian Affairs at http://www.doi.gov/bia/ and
www.doi.gov/facts.html
Population of tribes: Census Bureau Table 2 at http://www.census.gov/
prod/2002pubs/c2kbr01-15.pdf
Facts on Indian Population: Indian Health Service, January 2008 at http://
info.ihs.gov/Population.asp
Numbers of Americans With and Without Health Insurance Rise: U.S.
Census Bureau, Income Stable, Poverty Up, Census Bureau Reports, New Release,
August 2004 at http://www.census.gov/Press-Release/www/releases/archives/
income_wealth/002484.html
Fact Sheets on American Indian Demographics: Census of Agriculture at
http://www.agcensus.usda.gov/Publications/2007/Online_Highlights/Fact_Sheets/
Demographics/American_Indian_Fact_Sheet.pdf
Page 16
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www.epa.gov/pesticides/tribes
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