03-08-84
              PLAN FOR CERTIFICATION OF PESTICIDE APPLICATORS
                     ON THE FORT BERTHOLD RESERVATION

Pursuant to Section 4, paragraph (illegible)
Rodenticide Act of 1972, as amended (7-72A), Public law 92-516, the Fort
Berthold Reservation submits the following Reservation Plan for
certification of private and commercial pesticide applicators.

                     I. PARTICIPATING AGENCIES

The North Dakota Department of Agriculture (Department) and the North
Dakota Cooperative Extension Service (Extension) shall cooperate in the
implementation of this plan.

The cooperating agencies and responsible officials are as follows:

A.  Lead Agency

     The Tribal Council of the Three Affiliated Tribes of the Fort 
Berthold Reservation has designated the Natural Resources Department 
as the lead agency responsible for administering the Plan.  The 
designated lead agency and the principal responsible officials are 
listed below:

     1.  Harley Texx Lone Bear              Celeste Eagleman, 
                                            Administrator
         Pesticides Control Coordinator     Three Affiliated Tribes
         Environmental Quality Division     Natural Resources Department
         Natural Resources Department       P.O. Box 460
         New Town, North Dakota  58763      New Town, North Dakota  
                                                             58763

B.  Cooperating Agencies

     1.  North Dakota Department of Agriculture
         a.  Kent Jones, Commissioner of Agriculture
             State Capitol,
             Bismarck, North Dakota 58501

         b.  Kevin Pfeifer, Director
             Pesticide Division
             North Dakota Department of Agriculture
             Bismarck, North Dakota  58501

C.  Coordination of Agencies

     The Natural Resources Department is the lead agency responsible 
for the overall coordination of tribal certification documents, 
enforcement of tribal pesticide codes on all land within the exterior
boundaries of the Fort Berthold Reservation and the dessemination of
information concerning tribal and federal pesticide codes and 
regulations to affected persons with in the reservation.  The Natural
Resources Department is also responsible for suspending or revoking an
applicator's certification.  The Natural Resources Department Reports
directly to the Tribal Council.

     The North Dakota Department of Agriculture is the lead agency for
 the Pesticide Applicator Certification Plan for the State of North 
Dakota and enforces the State's pesticide laws and regulations and 
federal pesticide laws and regulations in the State of North Dakota.

     The North Dakota State Extension Service conducts the training 
necessary for private applicator certification within the State and 
assists commercial applicators obtain certification by providing the
appropriate training.  Further, the Extension Service is responsible 
for the development of commercial applicator certification examination
and to administer the examinations of applicators.  The Extension 
Service will be responsible for Reservation applicator training.
     (See Extension Service letter, K. Soiseth, Attachment B).  The
     Reservation will utilize portions of the State certification 
     program in the Reservation Certification Plan.

     The U.S. Environmental Protection Agency (EPA) will provide 
training to Tribal representatives in the proper procedures to use 
during an investigation and the proper documentation necessary to 
build an enforcement case.

               II.  LEGAL AUTHORITY AND QUALIFIED PERSONNEL

The legal authority by which the Department of Natural Resources shall
administer the Plan is contained in the Fort Berthold Reservation
Pesticide Code.  A copy of a Tribal Resolution #84-54-S affirming this
authority is contained herein (Attachment A).

Specific authorities citation:

A.  Grounds for delaying, suspending and revoking certification of
    applicators and assessing civil penalties are found in the Fort
    Berthold Reservation Pesticide Code, Section X (Unlawful Acts), 
    and Section XII (Penalties).

B.  Provisions for reviewing a certification for possible suspension or
    revocation in the event of civil conviction based on FIFRA Section
    14 (a) or of a tribal enforcement action are found in the Fort 
    Berthold reservation Pesticide Code, Section XI.

C.  Provisions for right-of-entry by consent or warrant by appropriate
    tribal officials at reasonable times for sampling, inspection, and
    observation purposes are found in the Fort Berthold Reservation
    Pesticide Code, Section XI.

D.  Provisions that make it unlawful for persons other than certified
    applicators or persons under their supervision to use restricted use
    pesticides is contained in the Fort Berthold Reservation Pesticide
    Code, Sections VII(A) (1), VII (B) (1), and X (1).

E.  Provisions for requiring that certified commercial applicator keep
    and maintain for at least two years records of routine operations on
    kinds, amounts, uses, dates, and places of application of restricted
    use pesticides, and for assuring that such records will be 
    available to appropriate Department officials, are found in the 
    Fort Berthold Reservation Pesticide Code, Section VII(A) and (3):
    "The Department shall, upon written request, be furnished a copy 
    of such records by the commercial applicator."

    It is expected that there will be in excess of one-hundred private
    applicator and commercial applicators certified on the reservation.
    Because of the relatively small number of applicators, the
    administration and enforcement of this plan will only require a
    part-time effort of one person.  The Natural Resources Department 
    will serve as the responsible agency for the Tribal program.

                  III.  ASSURANCE OF FUNDING

The Natural Resources Department Tribal pesticide enforcement activities
will be funded through a Cooperative Enforcement Grant from the U.S.
Environmental Protection Agency.  If this funding source stops other
outside sources will be researched.  If no other outside source, or
sources, can be found the Three Affiliates Tribes have the power of
taxation to support tribal government.

                          IV.  REPORTS

A summary of Certification activities of the previous year will be
submitted to the Administrator of EPA Region VIII by October 1 each
year.  This report will include the following information:

A.  Total number of applicators, commercial and private, by category,
    currently certified:  and numbers of applicators, commercial and
    private, by category, during the last reporting period.

B.  Any changes in commercial applicator categories or subcategories.

C.  A summary of enforcement activities related to use of restricted use
    pesticides during the last reporting period.

D.  Any significant proposed changes in required standards of
    competency.

E.  Proposed changes in plans and procedures for enforcement activities
    related to use of restricted use pesticides for the next reporting
    period.

F.  Other reports as may be required by the EPA shall be submitted from
    time to time to meet specified needs as required by 40 CFR 171.7(d)
    (2).

G.  Any other proposed changes from the State Plan that would
    significantly affect the Tribal certification program.

                  V.  CLASSIFICATION OF APPLICATORS

A.  Commercial Applicators

The commercial applicator classification will apply to all certified
applicators who use or supervise the use of any restricted use pesticide
on any property other than for purposes of:

    1.  Producing any agricultural commodity on property owned or 
         rented by him or his employer, or

    2.  If applied without compensation other than trading of personal
         services between producers of agricultural commodities, on the
         property of another person.

B.  Categories of Commercial Applicators

    1.  Agricultural Pest Applicator

         a.  Plant

             This category includes commercial applicators using or
             supervising the use of pesticides in production of
             agricultural crops including without limiting the 
             foregoing, sunflowers, feed grains, soybeans and forage,
             vegetables; small fruits, tree fruits and nuts, as well 
             as on grasslands and non-crop agricultural lands.

         b.  Animals

             This category includes commercial applicators using or
             supervising the use of pesticides in production of
             agricultural crops including without limiting the 
             foregoing, beef cattle, dairy cattle, swine, sheep, 
             horses, goats, poultry and livestock, and to places on 
             or in which animals are confined.  Doctors of Veterinary
             Medicine engaged in the business of apply pesticides for 
             hire, publicly holding themselves out as pesticide 
             applicators, or engaged in the largescale use of 
             pesticides are included in this category.

    2.  Ornamental and Turf Pest Control

         This category includes commercial applicators using or 
         supervising the use of pesticides to control pests in the
         maintenance and production of ornamental trees, shrubs, 
         flowers, and turf.

    3.  Seed Treatment

         This category includes commercial applicators using or 
         supervising the use of pesticides on seeds.

    4.  Aquatic Pest Control

         This category includes commercial applicators using or 
         supervising the use of pesticides purposefully applied to 
         standing or running water, excluding applicators engaged in 
         public health related activities included in category 7 below.

    5.  Right-Of-Way Pest Control

         This category includes commercial applicators using or 
supervising the use of pesticides in the maintenance of public roads,
electric power lines, pipelines, railway right-of-way or other similar
areas.

    6.  Industrial, Institutional, Structural and Health Related Pest
         Control

         This category includes commercial applicators using or 
         supervising the use of pesticides in, on, or around food 
         handling establishments, human dwellings, institutions, such 
         as schools and hospitals, industrial establishments, including
         warehouses and grain elevators, and any other structure and 
         adjacent area, public or private; and for the protection of 
         stored, processed, or manufactured products.

    7.  Public Health Pest Control

         This category includes State, Federal, Tribal, or there 
         governmental employees using or supervising the use of 
         pesticides in public health programs for the management and 
         control of pests having medical and public health importance.

    8.  Regulatory Pest Control

         This category includes State, Federal, Tribal, or other
         governmental employee who or supervise the use of restricted 
         use pesticides in the control of regulated pests.

    9.  Demonstration and Research Pest Control

         This category includes:

         1.  individuals who demonstrate to the public the proper use 
             and techniques of application of pesticides or supervise 
             such demonstration, and

         2.  person conducting field research with pesticides, and in 
             doing so, use or supervise the use of pesticides.

    10.  Vertebrate Animal Control

         Applicators shall demonstrate by examination a practical 
    knowledge of pests, their identification, habitat requirements, 
    damage patterns, introduction, spread, life cycles$ and population
    dynmatics as a basis for control strategy.  They should know about 
    the importance of using non-chemical control methods such as 
    sanitation, habit modification, trapping, and frightening devices.
    The applicator shall also have practical knowledge of the 
    potential for environmental contamination, non-target injury and
    community problems resulting from the use of "restricted use 
    pesticide".  

    Included in the first group are such persons as extension specialists
    and county agents, commercial representatives demonstrating pesticide
    products, and those individuals demonstrating methods used in public
    programs.

    The second includes commercial applicators using or supervising the
    use of any pesticides for the control of rodents, predators, or 
    birds.

C.  Private Applicators

    Certified applicators who use or supervise the use of any 
    restricted use pesticide for purposes of producing any Agricultural
    commodity on property owned or rented by him or his employer, or 
    (if applied without compensation other than trading of personal 
    services between producers of agricultural commodities) on the 
    property of another person, shall be classified as a private 
    applicator.

D.  Supervision of Non-Certified Applicators

    Persons not certified may use restricted use pesticides under the
    direct supervision of a certified applicator.  The availability of
    the certified applicator must be directly related to the hazard of
    the situation.  In any situation, where the certified applicator is
    not required to be physically present, "direct supervision" shall 
    include verifiable instruction to the competent person as follows:

    1.  detailed guidance for applying the pesticide properly; and

    2.  provisions for contacting the certified applicator in the event
         the applicant is made by a non-certified applicator.  These
         supervisory requirements shall be incorporated in the training
         courses offered to private applicators and in the examination
         process required of commercial applicators.  Applicators using
         pesticides, which are not classified as "restricted use", in or
         around their own homes do not need to be certified.

           VI.  COMPETENCY STANDARDS FOR COMMERCIAL APPLICATORS

A.  General Standards for all Categories of Certified Commercial
    Applicators

    All commercial applicators shall demonstrate practical knowledge 
    of the principles and practices of pest control and safe use of
    pesticides.  Testing shall be based on examples of problems and
    situations appropriate to the particular category or subcategory 
    of the applicator's certification and the following areas of 
    compentency:

    1.  Labels & Labeling Comprehension
         a.  The general format and terminology of pesticide labels and
             labeling;
         b.  The understanding of instructions, warning, terms, 
             symbols, and other information commonly appearing on 
             pesticide labels;
         c.  Classification of the product general or restricted; and
         d.  Necessity for use consistent with the label.

    2.  Safety - Factors including

         a.  Pesticide toxicity and hazard to man and common exposure
             routes;

         b.  common types and causes of pesticide accidents;

         c.  Precautions necessary to guard against injury to 
             applicators and other individuals in or near treated areas;

         d.  Need for and use of protective clothing and equipment;

         e.  Symptoms of pesticide poisoning;

         f.  First aid and other procedures to be followed in case of a
             pesticide accident; and

         g.  Proper identification, storage, transport, handling, mixing
             procedures and disposal methods for pesticide and used
             pesticide containers, including precautions to be taken to
             prevent children from having access to pesticides and
             pesticide containers.

    3.  Environment - The potential environmental consequences of the 
        use and misuse of pesticides as may be influenced by such 
        factors as:

         a.  Weather and other climatic conditions;

         b.  Types of terrain, soil or other substrate;

         c.  Presence of fish, wildlife and other non-target organisms;
             and

         d.  Drainage patterns.

    4.  Pests - Factors such as:

         a.  Common factors of pest organisms and characteristics of 
             damages needed for pest recognitions;

         b.  Recognition of relevant pests; and

         c.  Pest development and biology as it may be relevant to 
             problem identification and control.

    5.  Pesticides - Factors such as:

         a.  Types of pesticides;

         b.  Types of formulations;

         c.  Compatibility, synergism, persistence and animal and plant
             toxicity of the formulations;

         d.  Hazards and residues associated with use;

         e.  Factors which influence effectiveness or lead to such 
             problems as resistance to pesticides; and

         f.  Dilution procedures.

    6.  Equipment - Factors including;

         a.  Types of equipment and advantages and limitations of each
             type;

         b.  Uses, maintenance and calibration.

    7.  Application Techniques - Factors including:

         a.  Methods of procedure used to apply various formulations of
             pesticides, solutions, and gases, together with a 
             knowledge of (ILLEGIBLE TEXT) techniques of application 
             to use in a given situation;

         b.  Relationship of discharge and placement of pesticides to 
             proper use, unnecessary use, and misuse; and

         c.  Prevention of drift and pesticide loss into the 
             environment.

    8.  Laws and Regulations - Applicable State and Federal laws and
        regulations.

B.  Specific Standards of Competency for each Category of
    Commercial Applicator

    1.  Agricultural Pest Control

         A.  Plant

             Applicators must demonstrate practical knowledge of the 
             crops grown and the specific pests of those crops on 
             which they may be using pesticides.  The importance of 
             such competency is amplified by the extensive areas 
             involved, the quantities of pesticides needed, and the 
             ultimate use of many commodities as food and feed.  
             Practical knowledge is required concerning soil and water
             problems, re-harvest intervals, re-entry intervals,
             phytotoxicity, and potential for environmental 
             contamination, non-target injury and community problems
             resulting from the use of pesticides in agricultural areas.

         B.  Animal

             Applicators applying pesticides directly to animals must
             demonstrate practical knowledge of such animals and their
             associated pests.  A practical knowledge is also required
             concerning specific pesticide toxicity and residue 
             potential since most animals will frequently be used for 
             food.  Further, the applicator must know the relative 
             hazards associated with such factors as formulation, 
             application techniques, age of animals, stress and extent
             of treatment.

    2.  Ornamental and Turf Pest Control

         Applicators shall demonstrate practical knowledge of pesticide
         problems associated with the production and maintenance of
         ornamental trees, shrubs, planting, and turf, including
         cognizance of potential phytotoxicity due to a wide variety of
         plant material, drift, and persistence beyond the intended 
         period of pest control.  Because of the frequent proximity of
         human habitations to application activities, applicators in 
         this category must demonstrate practical knowledge of 
         application methods which will minimize or prevent hazards to
         humans, pets, and other domestic animals.

    3.  Seed Treatment

         Applicators shall demonstrate practical knowledge of types of
         seed that require chemical protection against pests and factors 
         such as seed coloration, carriers, and surface active agents 
         which influence pesticide binding and may affect germination.
         They must demonstrate practical knowledge of hazards 
         associated with handling, sorting and mixing, and misuse of 
         treated seed such as introduction of treated seed into food 
         and feed channels, as well as proper disposal of unused treated
         seeds.

    4.  Aquatic Pest Control

         Applicators shall demonstrate practical knowledge of the 
         secondary effects which can be caused by improper application 
         rates, incorrect formulations, and faulty application of 
         pesticides used in this category.  They shall demonstrate 
         practical knowledge of various water use situations and the
         potential of down stream effects.  Further, they must have 
         practical knowledge concerning potential pesticide effects on
         plants, fish, birds, beneficial insects and other organisms 
         which may be present in aquatic environments.  These 
         applicators shall demonstrate practical knowledge of the 
         principles of limited area application.

    5.  Right-of-way Pest Control

         Applicators shall demonstrate practical knowledge of a wide
         variety of environments since rights-of-way can traverse many
         different terrains, including waterways.  They shall demonstrate
         practical knowledge of the nature of herbicides and the need for
         containment of these pesticides within the right-of-way area, and
         the impact of their application activities in the adjacent areas
         and communities.

    6.  Industrial Institutional, Structural and Health Related Pest
         Control

         Applicators must demonstrate a practical knowledge of a wide
         variety of pests including their life cycles, types of
         formulations appropriated for their control and methods of
         application that avoid contamination of food, damage and
         contamination of habitat and exposure of people and pets.  
         Since human exposure, including babies, children, pregnant 
         women, and elderly people, is frequently a potential problem,
         applicators must demonstrate practical knowledge of the 
         specific factors which may lead to a hazardous condition, 
         including continuous exposure in the various situations 
         encountered in this category.

         Because health related pest control may involve outdoor
         applications, applicators must also demonstrate practical
         knowledge of environmental conditions particularly related to
         this activity.

    7.  Public Health Pest Control

         Applicators shall demonstrate practical knowledge of 
         vector-disease transmission as it related to and influences
         application programs.  A wide variety of pests is involved, 
         and it is essential that they be known and recognized, and
         appropriate life cycles and habitats be understood as a basis 
         for control strategy.  These applicators shall have practical
         knowledge of a great variety of environments ranging from 
         streams to those conditions found in buildings.  They should 
         also have practical knowledge of the importance and 
         employment of such non-chemical control methods as 
         sanitation, waste disposal, and drainage.

    8.  Regulatory Pest Control

         Applicators shall demonstrate practical knowledge of 
         regulated pests, applicable laws relating to quarantine and 
         other regulation of pests, and the potential impact on the
         environment of restricted use pesticides used in suppression 
         and eradication programs.  They shall demonstrate knowledge of
         factors influencing introduction, spread, and population 
         dynamics of relevant pests.  Their knowledge shall extend 
         beyond that required by their immediate duties since their 
         services are frequently required in other areas of the 
         country where emergency measures are invoked to control 
         regulated pests, and where individual judgments must be made 
         in new situations.

    9.  Demonstration and Research Pest Control

         Persons demonstrating the safe and effective use of 
         pesticides to other applicators and the public will be 
         expected to meet comprehensive standards reflecting a broad 
         spectrum of pesticide uses.  Many different pest problem 
         situations will be encountered in the course of activities
         associated with demonstration, and practical knowledge of 
         problems pests, and population levels occuring in each 
         demonstration situations is required.  Further, they should
         demonstrate an understanding of pesticide-organism 
         interactions and the importance of integrating pesticide use 
         with other control methods.  In general, it would be expected 
         that applicators doing demonstration pest control work 
         possess a practical knowledge of all of the standards 
         detailed in Section 171.4 (b) of FIFRA.  In addition, they 
         shall meet the specific standards required for categories 
         (1) through (7) and (11) of this section as may be applicable
         to their particular activity.

    Persons conducting field research or method improvement work with
restricted use pesticides would be expected to know the general
standards detailed in 171.4(b) of FIFRA.  In addition, they shall be
expected to know the specific standards required for categories (1)
through (9) of this section, applicable to their particular activity, or
alternatively, to meet the more inclusive requirements listed under
"Demonstration".

    10.  Vertebrate Animal Control

         Applicators shall demonstrate by examination a practical
         knowledge of pests, their identification, habitat 
         requirements, damage patterns introduction, spread, life 
         cycles, and population dynamics as a basis for control 
         strategy.  They shall have a practical knowledge of the 
         relative toxicity of available pesticides and the laws 
         governing their use to allow selection of the most safe and
         effective choice.  These applicators shall have a practical
         knowledge of a great variety of environments ranging from 
         streams and rangeland to those conditions found in buildings.
         They should know about the importance of using non-chemical 
         control methods such as sanitation, habit modification, 
         trapping, and frightening devices.  The applicator shall 
         also have practical knowledge of the potential for 
         environmental contamination, non-target injury and community
         problems resulting from the use of restricted use pesticides.

The Vertebrate Pest Control category has been added to the ten Federal
categories to accomodate special reservation circumstances.  The
addition of this category will provide applicators controlling
vertebrate pests with the necessary competence in unique pest control
situations.  Also, the addition of this category will provide the needed
uniformity between the North Dakota State Plan and the Reservation Plan.

These certification categories are identical to the categories used by
the State of North Dakota.  The certification categories used by the
Department of the Interior (DOI) also directly correspond to Tribal
certification categories with the exception that DOI provides
certification in a category entitled Forest Pest Control which neither
the Tribal Plan nor the State of North Dakota plan include as a
category.  There is no forestry use of restricted pesticides on the Fort
Berthold Reservation.  Any DOI employee requesting certification in
Forest Pest Control will not be issued a Tribal certificate for that
category and will not be allowed to apply restricted use pesticides on
the Reservation.

C.  Exemptions

    The above standards do not apply to the following persons of these
    regulations:

    1.  Persons conducting laboratory type research involving restricted
         use of pesticides; and

    2.  Doctors of Medicine and Doctors of Veterinary Medicine applying
         pesticides in drugs or Medication during the course of their 
         normal practice.

            VII.  Compentency Standards for Private Applicators

A.  Recognize common pests to be controlled and damage caused by them.

B.  Read and understand the labeling information - including the common
    name of pesticide to be applied; pest; pest(s) to be controlled; 
    timing and methods of application; safety precautions; any 
    pre-harvest or re-entry restrictions; and any specific disposal
    procedures.

C.  Apply pesticides in accordance with label instructions and 
    warnings, including the ability to prepare the proper 
    concentration of pesticide to be used under particular 
    circumstances taking into account such factors as area to be 
    covered, speed at which application equipment will be driven, and 
    the quantity dispensed in a given period of time.

D.  Recognize local environmental situations that must be considered
    during application to avoid contamination.

E.  Recognize poisoning symptoms and procedures to follow in case of a
    pesticide accident.

              VIII.  Reservation Certification Procedures

The Fort Berthold Reservation is a government situated within the
boundaries of the State of North Dakota.  This intimate territorial
relationship existing between the Reservation and the State suggests 
the need to institute comparable certification plans and procedures.  
The State has developed commercial applicator examinations and 
examination procedures and a private applicator training program.  To 
avoid duplicating the State's certification efforts, the Reservation
certification mechanism will utilize much of the existing North Dakota 
State program.  This approach will not prevent the Reservation from 
instituting other and/or additional requirements or procedures as Three
Affiliated Tribes shall deem desirable.

A.  Commercial Applicators

    The Reservation commercial applicator categories and standards are
    the same as those adopted by the State of North Dakota because the 
    Fort Berthold Reservation has incorporated North Dakota's 
    categories and standards as its own.  To obtain a Reservation 
    commercial applicator credential, the applicant must present a 
    current valid North Dakota State certification credential or an 
    approved DOI applicator certificate.  The Department will issue to 
    the applicant a Reservation commercial applicator credential, for 
    the same categories found on the the State or Federal credential 
    except for the Forest Pest Control category.  Further, the 
    expiration date of the Reservation credential will be the same as 
    that printed on the State and DOI credential.  The State and DOI
    certification period is three years.  Recertification is
    obtained by the same method as initial certification.

B.  Private Applicators

    (illegible)
    Reservation are the same as those required by the State of North 
    Dakota because the Fort Berthold Reservation has incorporated North
    Dakota's standards of competency as its own.  To obtain a 
    Reservation private applicator credential, applicants must present 
    a current valid North Dakota State credential.  The State 
    certification period is five years.  Recertification is obtained 
    by the same method as initial certification.  DOI does not provide
    private applicator certification.

C.  Recertification

    Commercial applicators must be recertified every year.  Renewal for
    private applicators must be recertified every five (5) years.  The
    methods for obtaining recertification are the same as those given in
    Section A and B of this portion of the Plan.

D.  Certification on Non-English Reading Applicants

    Since pesticide Labels are printed in English;

    a.  Tribal members who cannot read English will be assisted by a
         bilingual interpreter who will assist them in the 
         certification process.

    b.  All other persons who cannot read English will be assisted by a
         bilingual interpreter who will assist them in the 
         certification process.

E.  Reciprocity

    Since the Reservation certification program utilized the North 
    Dakota State Certification procedures, it is impractical for the
    Reservation to offer reciprocity to out-of-State applicators.  If 
    other Federal agencies develop EPA approved certification plans, 
    the Tribe will review those plans as needed to determine if Tribal
    certification can be offered.

F.  Certification Documents

    The Department will issue certification documents to applicants who
    meet the criteria set forth in the Fort Berthold Reservation
    Certification Plan.  The private applicator certification document
    is shown as attachment C.  The commercial applicator certification
    document is shown as attachment D.

              IX.  MAINTENANCE OF THE FORT BERTHOLD RESERVATION
                   CERTIFICATION PLAN

The Fort Berthold Reservation Certification Plan will be maintained
through a cooperative training and examination program with the North
Dakota Cooperative Extension Service and the North Dakota Department of
Agriculture.  Enforcement of the Plan and Fort Berthold Reservation
Pesticide Code will be the responsibility of the Natural Resources
Department.  (The Department will hire one Pesticide Enforcement
Officer who will be responsible for both field enforcement activities
and administration of the Fort Berthold credentials program.)

This plan is designed to take advantage of the certification training
and examination mechanisms offered by the State of North Dakota.

Should it be determined that further restrictions should be imposed and
implemented in an effort to more adequately protect the Reservation
environment from pesticide use hazards, the Tribal Council will formally
approve an appropriate amendment to the Plan for the purpose of
authorizing the imposition and implementation of any such further
restriction; provided, however, that, should any such amendment
potentially result in a substantial modification of or have a
significant effect upon the manner in which this Plan is administered,
prior approval of such proposed amendment shall be secured from the EPA.

                        X.  DEFINITIONS

For purposes of this plan:

A.  The term "Administrator" means the Administrator of the
    Environmental Protection Agency.

B.  The term "agricultural commodity" means any plant or part 
    thereof, or animal, or animal product, produced by a person 
    (including farmers, ranchers, vineyardists, plant propagators, 
    Christmas tree growers, aquaculturists, floriculturists, 
    orchardists, foresters, or other comparable persons) primarily for 
    sale, consumption, propagation, or other use by man or animals.

C.  The term "animal" means all vertebrate and invertebrate species,
    including but not limited to man and other mammals, birds, fish, 
    and shellfish.

D.  Applicators:

    1.  The term "certified applicator" means any individual who is
         certified by the Natural Resources Department as authorized to
         use or supervise the use of any restricted use pesticide.

    2.  The term "private applicator" means a certified applicator who
         uses or supervises the use of any restricted use pesticide for
         purposes of producing any agricultural commodity on property
         owned or rented by him or his employer or (if applied without
         compensation other than trading of personal services between
         producers of agricultural commodities) on the property of 
         another person and those person not covered by commercial
         applicators.

    3.  The term "commercial applicator" means a certified applicator
         (whether or not he is a private applicator with respect to some
         uses) who uses or supervises the use of any restricted use
         pesticide for any purpose or on any property of another person.

    4.  Unless otherwise prescribed by its labeling, a pesticide shall 
         be considered to be applied "under the direct supervision of a
         certified applicator" if it is applied by a competent person
         acting under the instructions and control of a certified
         applicator who is available if and when needed, even though 
         such certified applicator is not physically present at the 
         time and place the pesticide is applied.

E.  The term "Code" means the Fort Berthold Reservation Pesticide code.

F.  The term "Department" means the Three Affiliated Tribes Natural
    Resources Department.

G.  The term "Council" means the Three Affiliated Tribes Tribal Council.

H.  The term "EPA" means the U.S. Environmental Protection Agency.

I.  The term "district court" means a United States district court.

J.  The term "environment" includes water, air, land, and all plants and
    man and other animals living therein, and the inter-relationships 
    which exist among these.

K.  The term "FIFRA" means the Federal Insecticide, Fungicide and
    Rodenticide Act, as Amended (1972, 1975, and 1978).

L.  The term "insect" means any of the numerous small invertebrate
     animals generally having the body more or less obviously 
     segmented, for the most part belonging to the class insects, 
     comprising six-legged, usually winged forms, as for example, 
     beetles, bugs, bees, flies, and to other allied classes of 
     arthropods whose members are wingless and usually have more than 
     six legs, as for example, spiders, mites, ticks, centipedes, and 
     wood lice.  
 
M.  Label and Labeling:

    1.  The term "label" means the written, printed, or graphic matter
        on, or attached to, the pesticide or device or any of its 
        containers or wrappers.

    2.  The term "labeling" means all labels and all other written, 
        printed or graphic matter:

         a.  accompanying the pesticide or device at any time; or

         b.  to which reference is made on the label or in literature
             accompanying the pesticide or device, except to current 
             official publications of the Environmental Protection 
             Agency, the United States Departments of Agriculture and
             Interior, the Department of Health, Education and 
             Welfare, State experiment stations, State agricultural 
             colleges, and other similar Federal or State institutions 
             or agencies authorized by law to conduct research in the 
             field of pesticides.

N.  The term "land" means all land and water areas, including airspace,
     and all plants, animals, structures, buildings, contrivances, and
     machinery appurtenant thereto or situated thereon, fixed or 
     mobile, including any used for transportation, within the exterior
     boundaries of the Reservation.
  
O.  The term "pest" means:

    (1) any insect, rodent, nematoda, fungus, weed, or

    (2) any other form of terrestrial or aquatic plant or animal life 
        or virus, bacteria, or other micro-organism (except viruses,
        bacteria, or other micro-organisms on or in living man or other
        living animals) which the Administrator declares to be a pest.

F.  The term "pesticide" means:

    (1) any substance or mixture of substances intended for preventing,
         destroying, repelling, or mitigating any pest, and

    (2) any substance or mixture of substances intended for use as a
         plant regulator, defoliant, or desiccant:  Provided, that the
         term "pesticide" shall not include any article
         (1) (a) that is a "new animal drug" within the meaning of 
                 Section 201(w) of the Federal Food, Drug, and 
                 Cosmetic Act (21 U.S.C. 321(w)),

             (b) that has been determined by the Secretary of Health,
                 Education, and Welfare not to be a new animal drug by a
                 regulation establishing conditions of use for the
                 article, or

         (2)     that is an animal feed within the meaning of Section
                 201(x) of such Act (21 U.S.C. 321(x)) bearing or 
                 containing an article covered by clause (1) of this 
                 proviso.

Q.  The term "protect health and the environment" and "protection of
    health and the environment" mean protection against any 
    unreasonable adverse effects on the environment.

R.  The term "person" shall include natural persons, both members and
    non-members of the Three Affiliated Tribes, associations, 
    partnership, corporations, and other organizational entites.

S.  The term "restricted use pesticide" means any pesticide formulation
    which is classified for restricted use by the Department.

T.  The term "Commissioner" means the Commissioner of the North Dakota
    State Department of Agriculture.

U.  The term "State" means the State of North Dakota.

V.  The term "unreasonable adverse effects on the environment" means any
    unreasonable risk to man or the environment, taking into account the
    economic, social, and environmental costs and benefits of the use of
    any pesticide.

W.  The term "weed" means any plant which grows where not wanted.

X.  The term "wildlife" means all living things that are neither human,
    domesticated, nor, as defined in this Code, pests, including but not
    limited to mammals, birds, and aquatic life.


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