GUIDANCE FOR  FUNDING DEVELOPMENT AND
 ADMINISTRATION  OF TRIBAL PESTICIDE FIELD PROGRAM
      AND ENFORCEMENT  COOPERATIVE  AGREEMENTS
                          Office of Pesticide Programs
                                          and
            Office of Enforcement and Compliance Assurance

                    U.S. Environmental Protection Agency
                             Washington  D.C. 20460
                                     January 2011
DISCLAIMER: The statutory provisions, EPA regulations, and authorizations described in this guidance document contain legally
binding requirements The guidance document does not substitute for (hose provisions or regulations, nor is it a regulation itself.  In
the event of a conflict between the discussion in the document and any statute or regulation, the document would not be controlling.
Thus, it does not impose legally binding requirements on EPA. or the regulated community, and might not apply to a particular
situation based upon the circumstances. The word "should" or "will" as used in the guidance are intended solely to recommend or
suggest While this protocol indicates the EPA's strongly preferred approach to assure effective implementation of legal
requirements, EPA decision makers retain the discretion to adopt approaches on a case-by-case basis that differ from the guidance
where appropriate, Any decisions regarding a particular action will be made based on law and regulations.

       Interested parties arc free to raise questions and objections about the substance of the guidance and the appropriateness of
its application to a particular situation The guidance is a living document and may be revised periodically without public notice.  The
document will be revised, as necessary, lo reflect any relevant future statutory, regulatory amendments or other changes. EPA
welcomes public comments on the document at any time and will consider those comments in any future revision of the guidance
document.

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  GUIDANCE FOR FUNDING DEVELOPMENT AND ADMINISTRATION OF
         TRIBAL PESTICIDE FIELD PROGRAM AND ENFORCEMENT
                           COOPERATIVE AGREEMENTS

Purpose

       This guidance document is intended for use by EPA headquarters and regional
staff as they work with federally-recognized Indian tribes' that are assessing their
pesticide programs and their need for a federal pesticide field program grant or pesticide
enforcement grant for activities in their areas.*" It focuses on the cooperative agreements
authorized under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),
Section 23(a).   This guidance is intended to promote consistency in the implementation
of tribal  pesticide field program and enforcement grants4 at headquarters and across the
i
 FIFRA does not define "tribe." For the purposes of this document, "tribe" means an Indian tribe, band,
nation, pueblo, community, or Alaska native village that the Secretary of the Interior acknowledges to exist
as an Indian tribe pursuant to the Federally Recognized Tribe List Act of 1994, 25 U.S.C.  479(a). The
Department of the Interior maintains a list of federally-recognized tribes that is updated periodically in the
Federal Register. Further, for the purposes of this document, a group of tribes that applies for a FIFRA
cooperative agreement (called an "Intertribal Consortium" in 40 CFR Part 35) will be treated in the same
manner as a single tribe.

 In general, EPA expects to provide funding for federally-recognized tribes to carry out activities in their
areas of Indian country, which, as defined at 18 U.S.C.  1151, means: (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.  In addition,
to the extent appropriate activities are identified, EPA also intends to consider applications for funding
from federally-recognized tribes in Alaska relating to activities in areas where they retain rights and
interests that are adequate to make them eligible for relevant grants.

3  SEC. 23. STATE COOPERATION, AID, AND TRAINING.

(a) COOPERATIVE AGREEMENTS.-The Administrator may enter into cooperative agreements with
states and Indian tribes-

(1) to delegate to any state or Indian tribe the authority to cooperate in the enforcement of this Act through
the use of its personnel or facilities, to train personnel of the state or Indian tribe to cooperate in the
enforcement of this Act, and to assist states and Indian tribes in implementing cooperative enforcement
programs through grants-in-aid; and

(2) to assist states in developing and administering state programs, and Indian tribes that enter into
cooperative agreements, to train and certify applicators consistent with the standards the Administrator
prescribes.

4  Pesticide Program Grants are administered by EPA's Office of Pesticide Programs to enable eligible
tribes to support effective pesticide  risk management including training, outreach, education, technical
assistance, and integrated pest management. Pesticide Enforcement grants are administered by EPA's
Office of Compliance to support tribal pesticide inspection  programs (and tribal enforcement where
agreed).

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regions. It does not replace the March 11, 2002 Guidance on Basic Elements of an EPA-
Funded Tribal Pesticide Program, but provides information on funding development and
administration of tribal pesticide field program and enforcement cooperative agreements
not detailed in the 2002 Basic Elements  guidance.

       EPA's Office of Pesticide Programs (OPP) and the Office of Enforcement and
Compliance Assurance (OECA) have limited pesticide field program and pesticide
enforcement grant funds. This guidance  explains the process of how tribes can apply for
these funds, how the funds will be distributed to tribes that are eligible, and the
performance expectations of all tribes that receive these funds. It will help EPA staff
identify and prioritize proposals that are eligible to receive the limited funds, and will
allow EPA to distribute the funds in a fairer and more nationally consistent manner.

Background

       Section 23(a)(l) of FIFRA, as amended, authorizes EPA to enter into cooperative
agreements with states, territories, and Indian tribes (hereafter referred to collectively as
"applicants") to establish pesticide enforcement programs, and Section 23(a)(2) provides
for pesticide applicator certification and training programs.  Pursuant to the Departments
of Veterans Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act for FY1999 (Pub.L,  105-276, Title III, Oct. 21, 1998, 112 Stat. 2499),
pesticide program implementation grants under section 23(a)(l) of FIFRA are available
for tribes to develop and implement a pesticide program, including enforcement and
compliance activities.

       EPA awards continuing cooperative environmental assistance pesticide field
program and enforcement grants with the intention of continuing that support over an
extended period of time provided that funds remain available, the tribe meets the
performance expectations of the cooperative agreement, and the assistance remains
consistent with the priorities of EPA's pesticide and enforcement programs.

       Under a pesticide field program  implemented in conjunction with a tribal/EPA
cooperative agreement, tribal activities would include any of the following: education,
training, outreach, and technical assistance on the safe use of pesticides and pest control
alternatives. Under a pesticide enforcement program, a tribal inspector would inspect the
regulated community (e.g., pesticide applicators, marketplaces that sell pesticides,
pesticide dealers, etc.) in the area covered by the program to determine compliance with
FIFRA or tribal regulations.  The cooperative agreement will also address who will do
any necessary subsequent enforcement.

       There are currently over 500 federally recognized tribes representing about 1.5
million people. Because of their geographic location, work activities, cultural practices,
diets, and economic status, tribal members and residents of their communities can face
unique challenges concerning pesticide  exposure. Jurisdictional issues and resource
constraints may present additional complexities in addressing pesticide risk and
protecting human health and the environment in tribal communities.

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       This national guidance provides the basis for determining an equitable distribution
of the available federal tribal pesticide program funds.  In FY 2009, $1,3 million (about
7%) of the pesticide enforcement grant funding ($18.7 million in FY 2009) was used for
tribal pesticide enforcement programs. The enforcement grants include 16 cooperative
agreements covering 27 tribes.  In FY 2009 OPP provided $933,000 to support
continuing tribal pesticide field programs.

       EPA's partnership with tribes through pesticide program and
compliance/enforcement cooperative agreements plays an  important role in maintaining
the welfare of tribes and residents in their communities and the quality of their
environments. EPA expects cooperative agreement recipients to help residents and
pesticide users in their areas understand how to use pesticides according to label
directions, and understand and comply with FIFRA and any applicable tribal pesticide
code.  EPA expects pesticide inspectors to keep up with appropriate training, respond to
pesticide-related complaints, conduct routine inspections - for example, of pesticide
applications - and complete thorough inspection reports for every inspection conducted.
Inspectors with federal credentials will also have to meet requirements for using those
credentials (e.g. forwarding reports to EPA within specified timeframes) and keep them
current.

How are Tribal Programs Funded?

       Funding is a critical concern for tribes that are assessing the need for and
implementation of pesticide programs. EPA provides several different funding sources to
support tribal pesticide activities. Under EPA's General Assistance Program (GAP),
which is managed by the American Indian Environmental  Office (AIEO), funds are
provided to tribes to build their capacity to administer various environmental programs,
including pesticides. EPA regions and tribes should first look to GAP funding to develop
basic tribal pesticide program capability.

       Pesticide program and enforcement implementation activities are also funded
with FIFRA grants. Two different offices in EPA headquarters provide support for tribal
pesticide programs. OPP funds tribal pesticide field programs (which include education
and outreach programs for worker safety, water quality, endangered species protection,
integrated pest management (IPM), and applicator certification) and OECA funds
pesticide compliance and enforcement programs.   Funding from both of these offices
may be integrated for a combined tribal pesticide  program in a single  cooperative
agreement which includes activities funded by each office. While this is the preferred
approach, other options are also available including funding by either program
individually. Both offices are committed to finding innovative ways to encourage the
successful tribal pesticide programs.

       Under certain conditions, OECA's pesticide enforcement grant funding may be
used to develop and implement a tribal pesticide inspection and enforcement program.
Some tribes may wish to develop their own tribal pesticide codes using funding from the


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pesticide grant.  Pesticide enforcement grant funding may be used for this purpose
provided regions first ensure that a tribal pesticide inspection program is operational.
Operational means the tribe Is conducting the specified inspections and meeting the
requirements of the cooperative agreement (conducting minimum number of inspections,
keeping their credentials requirements current, submitting required reporting, etc.) If a
tribe wishes to develop a tribal pesticide code using enforcement grant funds, the region
should discuss the need, the timefrarne needed for developing code (1-2 years), and
funding required with the Office of Compliance. The regions and the tribe should
develop an agreed upon workplan with milestones. The workplan and milestones will be
key to ensuring timely development of the tribe's pesticide code.

       Funding for specific pesticide related activities typically lies exclusively with one
office.  For example, certification activities and technical assistance are funded by OPP.
Inspections and  enforcement activities are funded by OECA. OECA and OPP intend to
continue to provide federal support for tribal pesticide programs as EPA resources allow
and in accordance with annual Congressional appropriation levels. Both offices are
committed to seeking opportunities to leverage funds and finding innovative ways to
encourage the successful implementation of tribal pesticide programs.

What do EPA Tribal Pesticide Field Program and Enforcement Grants Cover?

       EPA awards cooperative agreement funding to support both tribal pesticide field
programs and tribal pesticide compliance and enforcement programs. The purpose of a
pesticide field program grant is to provide education, training, outreach and technical
assistance in support of OPP field activities. Among other activities, the pesticide field
program:

       Helps protect agricultural workers;
       Promotes protection of endangered and threatened species;
    *   Collaborates in protecting the nation's water resources from pesticide risk;
       Promotes comprehensive protection programs such as Integrated Pest Management; and
       Provides training in the safe use of pesticides and pest control alternatives.

       The purpose of an EPA tribal pesticide enforcement program is to conduct compliance
and/or enforcement activities under FIFRA. Under a tribal pesticide enforcement program
grant a tribal inspector inspects pesticide applicators, pesticide dealers, marketplaces that sell
pesticides, and pesticide  producing establishments, and also conducts pesticide use inspections,
to determine compliance with FIFRA and any applicable tribal laws. Some tribes with
pesticide enforcement grants also enforce pesticide requirements of their tribal pesticide codes
and use tribal credentials to conduct inspections. Likewise, some tribal inspectors will use
federal credentials issued by the corresponding region when conducting a FIFRA inspection on
behalf of EPA.  Other tribes may use both tribal and federal credentials depending upon the
circumstances and the need. The cooperative agreement between the EPA region and the tribe
establishes whether the inspector will use federal or tribal credentials. All inspection reports
resulting from an inspection conducted with federal credentials must be referred to the
corresponding region for case review and potential enforcement action under FIFRA.

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How are Tribal Interest, Capability, and Workload Determined?

       A critical first step in the development of any tribal program is to assess the tribal
government's interest, capability and potential need for a pesticide field program and/or
enforcement program. The assessment should identify existing pesticide use patterns,
pesticide related risk concerns, pesticide production and sale, and specific tribal concerns
that would be addressed by a pesticide .program. This consideration of existing and
projected pesticide use, risk concerns, and workload will help the tribe determine the
potential value of including a federal pesticide program as part of its overall
environmental management program.  It will likewise clearly define those aspects of a
pesticide program that will most benefit the relevant community.

       EPA has developed a checklist (Appendix A) to assist regions in assessing a tribal
government's interest, capability and need for a pesticide field program and/or a pesticide
compliance and enforcement program. When a tribe expresses interest in EPA pesticide
grant funding, the region should discuss with the interested tribe the items on the attached
checklist.  A tribe need not provide all of the data on the checklist, but enough
information should be gathered to demonstrate a need for a pesticide program and the
capability to administer that program.

       When evaluating the checklist for a pesticide enforcement program, regions
should determine if there are sufficient inspection targets to justify a compliance and
enforcement component of a cooperative agreement and grant.  The area served should
contain a sufficient number of inspection targets, including both agricultural and non-
agricultural sites to support at least one half-time inspector.5 This means that the tribe
must have enough targets to ensure a minimum of 25 inspections of a mix and workload
commensurate with the financial resources and tribal capacity provided each year.  As
tribal capacity grows, regions are expected to negotiate inspection numbers that are
commensurate with the number of targets and consistent with the expectations set forth in
the Joint OPP/OECA State/Tribal Cooperative Agreement Guidance.  EPA anticipates
new pesticide enforcement programs to conduct inspections  of targets approximately
every 3-4 years.6 This would mean that the tribe would need to have at least 75-100
viable inspection targets within its area. Viable inspection targets include farms,
greenhouses, nurseries, pesticide dealers and distributors, pesticide producing
establishments, rights of way, and structures in which pesticides are used, such as
schools, day care or nursing home facilities, or hospitals. Identifying a sufficient number
of viable inspection targets is the key to balancing the identified needs on tribal lands
with ensuring the best and most efficient use of federal resources. If a tribe does not have
adequate inspection targets, but still has pesticide risk issues that need to be addressed,
5 One half-time inspector is critical for the enforcement grant to ensure program efficiency since inspectors
must be trained on how to inspect and many need federal credentials. Funding at least a half-time inspector
ensures that the tribal inspector is conducting a sufficient number of inspections to retain their expertise.
6 In some cases a higher frequency of inspections may be needed and justified. The tribe and the region
should document this need when assessing the tribe's interest, capability and workload.

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regions should explore whether a circuit rider or other options may be a feasible way to
obtain coverage and address the pesticide risk issues.

      When evaluating the checklist for a pesticide field program, regions should
determine if the tribe has identified the major pesticide problems or concerns it would
like to address with a pesticide field program. Examples include: concerns with
pesticides affecting surface, ground or drinking water quality; residents living in close
proximity to agricultural fields or other areas where pesticide spray drift may be a
problem; the presence of any threatened or endangered species that may be harmed by
pesticide use; the need to assure protection of agricultural workers who may be exposed
to pesticides; assuring the safe storage and containment of pesticides, and assuring safe
pest control in structures.

      In order to obtain funding for a pesticide field program and/or an enforcement
program, a tribe should provide written support and approval from the designated tribal
government leaders, not be debarred or suspended (excluded from program activities
involving federal financial and non-financial assistance) or have unresolved grant
management issues with federal entities, and be capable of completing cooperative
agreement reporting requirements. In addition, if an enforcement component of a
cooperative agreement is being sought, the tribe should be able to identify its regulated
activities and pesticide inspection targets, demonstrate written support from the
designated tribal government leaders for a pesticide enforcement program and subsequent
enforcement actions (where appropriate), and be willing to have personnel complete all
required training and obtain federal credentials as needed.

What Are the Types of Tribal Pesticide Cooperative Agreements?

      EPA's goal is to build a comprehensive tribal pesticide program combining the
elements of a pesticide field program grant (worker safety, protection of water resources
from pesticide exposure, protection of endangered species and habitat, 1PM in schools  or
other facilities) as well as the elements of an enforcement grant.  Where feasible, regions
should work with tribes to apply for a combined grant for both program and enforcement
activities. Whenever possible and appropriate, EPA encourages regions to work with
tribes to develop programs that can serve more than one tribe or reservation. Tribes are
encouraged to work together to apply for circuit-rider programs in which one tribe  the
EPA grant recipient, or host tribe - serves the same function(s) for one or more additional
tribes. Regardless of the type of pesticide program a tribe has, support from the tribal
leadership is essential to the successful development and implementation of the program.
Two options for pesticide cooperative agreements are described below.

      Single Tribe Pesticide Program and/or Enforcement Cooperative Agreement

      A single tribe pesticide field program and/or enforcement cooperative agreement
      will fund tribal staff to serve one tribe. The cooperative agreement may fund a
      pesticide field program, an enforcement program, or both.  Where possible, these
      agreements should include combined pesticide program and enforcement

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      components. The pesticide field program component will provide education,
      training, outreach and technical assistance on the use of pesticides and pest
      control alternatives for the tribe's area. The pesticide enforcement component will
      support an inspector to provide inspection coverage, including taking the
      necessary training and documenting inspection results.

      Tribal Circuit Rider Program and/or Enforcement Cooperative Agreement

      Under this alternative a host tribe or a qualified tribal organization applies for a
      grant to support an inspector and/or pesticide program staff for their area as well
      as for one or more nearby cooperating tribes identified as the circuit, or
      participating tribes. For an enforcement program, the funding will support staff to
      provide inspection coverage for the host tribe or tribal organization and the circuit
      tribe(s), including any necessary training. For a pesticide field program, funding
      will provide pesticide education, outreach, and technical assistance for the host
      and circuit tribes. As with single tribe pesticide cooperative agreements,
      cooperative  agreements that fund tribal pesticide circuit riders should include
      combined pesticide field program and enforcement components where possible,
      but they may also address only one of those components.

      EPA encourages the tribal circuit rider approach whenever feasible because it
      provides more pesticide program assistance to a broader area than a single tribal
      program.  It also allows those tribes that may not qualify for a single tribe
      pesticide enforcement program to receive tribal pesticide enforcement and
      programmatic coverage.

      The activities supporting a pesticide field program component of a tribal circuit-
      rider grant would be the same as those for a single tribe grant, except they will
      benefit more than one tribe. As with the single tribe grant, regions funding a
      tribal circuit rider enforcement grant should ensure that there are  enough potential
      inspection targets to support a half -time inspector, as described above.

Elements Needed to Ensure a Successful Program

      The significant elements necessary to ensure a successful tribal pesticide program
supported by an OECA enforcement and/or OPP program cooperative agreement include:

          *  Leadership Support: Support from the tribal leadership is essential to the
             successful development and implementation of a FIFRA program. When a
             tribe submits its initial application for funding to develop a pesticide
             program, it should also submit a written statement of support by the tribal
             leadership empowered to speak for the tribe.

            Regional Support: Support from the EPA regional office is essential to the
             successful development and implementation of a FIFRA program. The
             region provides the necessary guidance, training, technical support and

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             oversight for the program. The region must commit to providing such
             support in the future.

            Tribal Staffing: An OECA tribal enforcement cooperative agreement
             program should have a minimum staffing level of 0.5 full time equivalent
             (FTE).  Experience has shown that a lower staffing level diminishes the
             likelihood of developing and maintaining a successful program.  Staffing
             for a pesticide field program should be addressed on a case-by-case basis
             with the regional office. Both the tribe and the region should look
             carefully at the tribe's commitment to staffing the program to make sure
             that adequate support personnel for the program is built into both the
             pesticide field program and enforcement program work. Staff turnover
             may create serious difficulties for the tribal pesticide program. To mitigate
             the impact of staffing changes on the viability of the tribe's program a
             tribe should consider:

             S  Cross-training its staff to enlarge the pool of skilled staff members
                 available to implement its pesticide program;
             */  Encouraging "peer matching" where personnel holding similar
                 pesticide program responsibilities in different tribes agree to support
                 each other by sharing experiences and challenges and providing a
                 forum for problem solving; and
             S  Investigating the feasibility of using a circuit rider for pesticide field
                 programs and/or compliance and enforcement programs.

       Previous experience in project and grant management is one good indicator of a
tribe's ability to successfully develop, implement and sustain a continuing pesticide field
program or enforcement program.  A region should note in the background information
provided with the tribe's cooperative agreement application whether it has successfully
managed other environmental protection grants or cooperative agreements from EPA or
other federal agencies.

What is the Process for Assessing Tribal Interest, Capability and Workload?

       Regions that have identified specific tribes interested  in either a single tribe or
circuit rider pesticide enforcement cooperative agreement should contact the Chief,
Pesticides, Waste and Toxics Branch, Office of Compliance.  If the single tribe or circuit
rider proposal involves a pesticide field program component, the region should contact
the Chief of the Government and International Services Branch in OPP.  Both branch
chiefs should be contacted for proposals Involving both components.

       Regional  staff may use the attached Tribal Needs and Readiness Checklist to
ensure they cover all the necessary information in their discussions with the interested
tribe. The checklist should be discussed with tribes whom EPA believes have the need
and ability to start a tribal pesticide program.  The checklist is not meant to be completed
by the tribes. It is meant as a discussion tool to be used by regional staff to help identify

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the relative pesticide program needs and capabilities of tribes interested in pesticide
cooperative agreement and grant funds.

       When regions have obtained sufficient information, they should submit a 1-2 page
description of the nominated tribal program to the Chief of the Pesticides, Waste and
Toxics Branch, Office of Compliance and/or the Chief of the Government and
International Services Branch. OPP as described above. Upon receipt of this description,
the receiving offices will convene a regional/headquarters review group consisting of
staff from OPP and OECA as well as one EPA staff member from each region that has an
existing tribal pesticide program and/or enforcement grant. The review group will
recommend to OPP and/or OECA management which proposals,  if any,  should receive
funding.

       Requests for funding of new tribal pesticide field and/or enforcement programs
may be made at any time throughout the year.  New tribal pesticide field program and/or
enforcement grant requests approved by March 1 will receive funding that fiscal year.

How Much Funding is Available for a Tribal Pesticide Program?

       New tribal pesticide enforcement grants will be funded at  approximately $30,000
to $60,000 for a one half-time inspector either through a single tribe grant or through a
circuit rider. The funded amount must be commensurate with the negotiated inspection
numbers and other identified work.  For tribal  pesticide field programs, up to $100,000
may be available to support the  start-up costs for new tribal pesticide program
cooperative agreements depending on needs (e.g., training, equipment, overhead).
Continuing support of up to $505000 per year will be available in  subsequent years, which
will need to be combined with initiative funds in order to maintain a full service circuit
rider.  The region should submit the estimated funding amount with the nomination to the
appropriate branch chief(s).

What Happens Next?

After the decision is made to fund a new tribal pesticide program  and/or enforcement
grant, the tribe must submit a proposal describing its proposed pesticide  and/or
enforcement program. The proposal should include information on projected budget and
staffing needs, a work plan showing proposed program activities, and a time line with
goals and milestones. The tribe should work closely with EPA regional  staff to develop
proposal elements and a timeline that will produce a successful cooperative agreement.
Timelines and milestone activities are negotiated between the tribe and the region.  The
regulations found at 40 CFR Part 31 Subpart B and 40 CFR Sections 35.505 through
35.509 establish the requirements on developing a cooperative agreement proposal.
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How Should Regions Address Existing Tribal Inspection and Enforcement
Programs?

As newly funded tribal pesticide programs establish nationally consistent goals,
beginning in FY 2011 existing tribal enforcement programs will be expected to achieve a
similar level of targeted inspections and funding as new tribal enforcement programs.

What are the Performance Expectations?

       Tribes receiving pesticide field program and enforcement grant funds must meet
the performance requirements (expected outcomes and outputs) negotiated with the EPA
region as contained in the work plans. Tribes receiving pesticide enforcement grant
funding must report Program Assessment and Results and core enforcement program
reporting results.  These reporting requirements must be included in the annual
cooperative agreement work plan.  However, tribes may be exempted from reporting on
the measures for  1 -2 years while they are developing their programs.

       Tribes with enforcement programs in place should report enforcement actions as a
result of inspections.  Regions should evaluate tribes with no enforcement activity to
ensure inspection reports are adequate to document compliance and to evaluate if they are
meeting the terms of their cooperative agreements.

       Regions will provide support and training to help new tribal pesticide programs
become fully operational. This can include, but is not limited to, providing information
about upcoming training, helping the tribal inspector obtain federal credentials, and
taking the tribal inspector on ride-along inspections for training purposes.

       As noted  earlier, single tribe and circuit rider pesticide enforcement grant
programs should maintain sufficient inspection targets to support at least one half-time
FTE and 25 inspections per year and should submit the inspection reports consistent with
the Federal Credential Guidance requirements. The inspection reports should provide the
necessary evidence and information to determine compliance and to support a potential
enforcement action. Regional enforcement staff will work with the tribal inspector to
create clear guidelines as to what is considered a thorough inspection report.  If the
targeting scheme for a particular tribal program continues to focus on the same facilities
and those facilities have no violations, the affected region should work with the tribal
program to expand the targeting scheme and/or explore circuit rider options.
7 See relevant Joint EPA OPP/OECA State/Tribal Cooperative Agreement Guidance

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                                       12
                                   Appendix A
        Checklist for Determining the Interest and Need for Tribal Pesticide
        and/or Compliance/Enforcement Cooperative Agreement Programs
1, General Information

       a.  Name of tribe and location

       b.  How many acres would be covered by the program?

       c.  How many tribal and non-tribal members reside in the area to be covered by
          the program?

       d.  What does the tribe hope to accomplish through a pesticide program and/or
          compliance/enforcement program?

       e.  What pesticides are used in the area that would be covered by the program?

       f.  What are  the major types  of agriculture found in  the area that would be
          covered by the  program (for example,  irrigated agriculture, range, orchards,
          dairies, poultry farms, livestock leases, etc.)?

       g.  How many acres are under cultivation?

       h.  What are the major crops grown?

       i.  What are the major pesticide problems or concerns that the tribe would like to
          address with a pesticide program?  For example:

          i.     Are there any concerns with pesticides affecting surface, ground, or
                drinking water quality?  If so, what are they?
          ii.    Are there residents close to agricultural fields or other areas where
                pesticide spray drift may be a problem?
          iii.    Are there any threatened or endangered species that may be harmed by
                pesticide use?
          iv.    Are pesticides used near any other culturally or ecologically sensitive
                locations?
          v.    Are there any worker safety issues related to pesticide use?
          vi.    Are there problems with containment of bulk pesticides or disposal of
                pesticide containers in the area that would be covered by the program?
          vii.   Other pesticide issues? Please discuss.

       j.  Does the tribe track any damage incidents that result from pesticide use? If
          so, have there been any reported pesticide exposures to people, wildlife, or the
          environment? Please describe.


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                                       13
       k.  Does the tribe work with other tribes or regulatory agencies to address
          pesticide use?  If so, who?

2, Status of Tribal Environmental Programs

       a.  Describe the tribe's current environmental programs, including any for solid
          waste, drinking water, waste water, etc.

       b.  How many and what program staff does the tribe employ in these
          environmental programs?

       c.  Does the tribe have an environmental code or ordinance? If so, please provide
          a copy or supply a link to the code or ordinance.

       d.  Does the tribe currently regulate pesticide use, sale or other pesticide-related
          activities? If so, how and what activities and applicators are regulated?

       e.  Does the tribe require business  licenses for pesticide applications?

       f.  Does the tribe operate any enforcement programs?  If so, what kind?  Please
          describe the types of enforcement actions the tribe has taken in the past year.

       g.  Does the tribe receive any grants from EPA? If so, please identify the grant
          and the project officer.
3. Inspection Targets

       a.  Number of farms in the area that would be covered by the program?

       b.  Are there seasonal or permanent agricultural field workers in the area that
          would be covered by the program?

       c.  Number of greenhouses/nurseries?

       d.  Number of acres of rangeland?

       e.  Number of acres of forests used for production of timber, pulp or other
          commercial products like Christmas trees?

       f.  Is there a tribal farm, orchard, greenhouse, or nursery which is owned or
          operated by the tribe? If so:

          i.      How large is it/are they?
          ii.     What crops or commodities are grown there?


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                                        14
      g.  Are there markets, stores, smokeshops or other places where pesticides are
          sold?  If so, how many of these places are in the area that would be covered by
          the program?

      h.  Are there any places where pesticides are made, packaged, re-packaged,
          labeled, or re-labeled in the area that would be covered by the program? If so,
          please name them,

      i.   Are there any pesticide dealers operating in the area that would be covered by
          the program? If so, how many? Do any dealers conduct commercial mixing
          or loading of pesticides?

      j,   How many certified pesticide applicators operate in the area that would be
          covered by the program? Who certifies them?

      k.  Are restricted-use pesticides applied, sold or distributed?

      1.   How many schools, office buildings, casinos, hospitals, clinics, nursing
          homes, child care facilities, or other public buildings are in the area that would
          be covered by the program that may use pesticides ( e.g., restaurants, grocery
          stores, convenience stores, etc,)?

      m. Are there other areas where pesticides may be applied such as wetlands,
          roadsides, rail or utility rights of way, etc.?

      n.  Are pesticides applied before  or during  construction for termite control?

      o.  Who applies pesticides in the area that would be covered by the program (for
          example, tribal departments, tribal employees, Bureau of Indian Affairs, or
          Indian Health Service applicators)?

      p.  Where do pesticide applicators store pesticides?

      q.  How do pesticide users dispose of pesticides, pesticide rinsates, and pesticide
          containers?
January 201

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