01-12-90
COLORADO RIVER INDIAN TRIBES
Colorado River Indian Reservation
Route 1, Box 23-B
TELEPHONE (602) 669-9211
PARKER ARIZONA 85344
January 30, 1990
TO: Colorado River Indian Tribes' Law and Order Code Book
Holders
SUBJECT: Agricultural Code - Article 2, Pink Bollworm
On January 12, 1990, the Tribal Council of the Colorado River Indian
Tribes enacted Ordinance No. 90-1 which added Article 2, Pink Bollworm
(copy attached) to the Agricultural Code. Please insert this code
behind the Agricultural Code in your books.
attachment
AGRICULTURE CODE
Article 2
PINK BOLLWORM
(NOTE: Except as otherwise noted, provisions of Article 2 were added by
Ordinance No. 90-1, January 12, 1990.)
CHAPTER 1. GENERAL PROVISIONS
Section 2-101 Purpose.
Treatment and control of the pink bollworm is herein regulated to
reduce pink bollworm populations to a level that can be managed by
pheromones alone, to reduce the amount of pesticides applied to lands
on the Reservation, and to reduce the long-term costs of pest control
on the Reservation.
Section 2-102 Findings.
(a) The pink bollworm is crop pest as that term is defined in
Article 1 of the Agriculture Code of the Colorado River Indian Tribes.
(b) Pheromones, being naturally occurring substances, have less
adverse impacts on the natural and human environment than pesticides.
(c) Development of agriculture pest control programs such as the
pink bollworm program, which will reduce agriculture pest populations,
have neutral or minimal environmental impacts, and reduce the costs
associated with agriculture on the Reservation, are in the best long
interests of the Colorado River Indian Tribes and its lands.
Section 2-103 Scope.
All persons who plant, cultivate, grow or in any manner produce
any cotton on the Reservation shall be subject to and comply with the
provisions of this Article.
Section 2-104 Definitions.
(1) "Committee" shall mean the Pesticide Control Committee of the
Colorado River Indian Tribes.
(2) "Advisory Committee" shall mean the committee established
pursuant to Section 2-302 herein.
(3) "Environmental Protection Officer" shall mean an
Environmental Protection Officer of the Colorado River Indian Tribes.
(4) "Field" shall mean a part of a farm which is separated from
the balance of the farm by permanent boundaries such as fences,
permanent waterways, woodlands, and cropline is not subject to change
or other similar features.
(5) "Reservation" shall mean all territory within the exterior
boundaries of the Colorado River Indian Reservation.
(6) "Person" shall mean an individual, partnership, association,
corporation, cooperative, estate, trust, joint venture, joint
operation, or other legal entity and shall include the Colorado River
Indian Tribes farming enterprises.
(7) "Pink Bollworm Program" shall mean a program to control or
suppress the pink bollworm on cotton located on the Reservation.
(8) "Producer" shall mean a person who as owner, landlord,
tenant, or sharecropper shares in the risk of producing the crop or
would have shared had the crops been produced.
Section 2-105 Notice.
Except where otherwise provided in this Article, any notice or
order required to be served upon a person shall be in writing and shall
be effective when personal delivery to the person to be served, or five
(5) days after mailing by certified mail to the last known business
address of the person to be served.
Section 2-106 Rules and Regulations.
The Colorado River Indian Tribes Pesticide Control Committee is
authorized to issue such rules and regulations as are deemed necessary
to carry out the provisions of the Article.
CHAPTER 2. PROGRAM REQUIREMENTS
Section 2-201 Participation and Notice.
(a) Any producer who produces or causes to be produced any cotton
on the Reservation shall participate in the pink bollworm program.
(b) Any producer who anticipates planting any field on the
Reservation to cotton shall notify the Environmental Protection
Officer, or his designated representative, by March 1. Such notice
shall include a description of the number of acres anticipated to be
cultivated to cotton. Failure to provide such notice may result in the
producer being barred from growing cotton during the crop year, or
required to bear a proportionate share of the increased costs, in the
event the pink bollworm program is unable to handle any increase in
acreage planted to cotton which was not reported.
Section 2-202 Program Applications.
(a) Treatments. Each producer shall, at a minimum allow:
(i) one treatment of pheromone and compatible
insecticide at early pin square on each of its
fields;
(ii) two treatments with a pheromone only scheduled by
program personnel based on the first application of
pheromone and compatible insecticide; and
(iii) a fourth treatment of pheromone and compatible
insecticide scheduled by program personnel based on
the timing of previous applications.
If a producer believes additional treatments are necessary to control
pink bollworm in its fields, the producer may request such additional
treatments from program personnel. The decision of program personnel
concerning such additional treatments shall be final. In the event
program personnel decide not to make such additional treatments, the
producer shall be allowed to take whatever measures it deems
appropriate after notification as provided in section 2-205.
(b) Additional measures. Producers shall allow such additional
control measures as may be necessary in the discretion of program
personnel.
Section 2-203 Data Collection.
(a) Traps. Each producer shall allow the placing of a minimum of
two (2) traps per field or each forty acres, whichever is smaller.
Program personnel shall attempt to locate traps in a manner which does
not impair normal farm operations, provided, however, that the decision
of program personnel on the location of traps shall be final.
(b) Bolls. Each producer shall allow the taking of bolls for
program assessment and diapause assessment purposes. The bolls to be
collected for assessment shall be randomly selected from at least
forty-five (45) fields between the period of first bolls through
October 1 of each year.
(c) 1080's. Each producer shall file file with the Environmental
Protection Office a copy of all 1080's pertaining to its lands which
are subject to this program. Such documents shall be filed no later
than September 30.
(d) Central Repository. All data collected during the program
shall be held in a central repository to be conveniently located and
accessible to the producers.
Section 2-204 Access.
Each producer shall allow program personnel the non-exclusive
right for continuous ingress and egress by motor vehicles (including
trucks) and on foot over the lands of producer to those locations
necessary for the monitoring of traps, collection of data, application
of pheromones, application of insecticides, and other activities
necessary to the pink bollworm program. Such ingress and egress shall
be by the least damaging route from existing roadways, irrigation roads
or on-farm roads. Program personnel shall use all reasonable efforts
to prevent damage to the land of a producer.
Section 2-205 Activities In Variance From Program.
In the event a producer determines measures in addition to those
measures taken by the pink bollworm program are required to control
pink bollworm populations in its fields, the producer shall provide
notice to the Environmental Protection Officer, or his designated
representative, twenty-four (24) hours in advance of taking such
additional measures.
Section 2-206 Applicators.
Each producer shall be allowed to select any treatment applicator
approved by the pink bollworm program for making applications on the
producer's fields, provided, that in the event the selection of the
treatment applicator creates a conflict with the orderly application of
treatments to the land covered by the program, program personnel, in
their sole discretion, shall make the decision on treatment applicator.
CHAPTER 3. PROGRAM ORGANIZATION
Section 2-301 Pesticide Control Committee
The Committee shall be responsible for monitoring the progress and
success of the pink bollworm program. The Committee shall report
quarterly to the Tribal Council on the progress and success of the pink
bollworm program. The Committee shall make recommendations to the
Tribal Council for extension, cessation or modification of the pink
bollworm program.
Section 2-302 Advisory Committee.
There shall be established an Advisory Committee to provide input
into the development, implementation and operation of the pink bollworm
program. The Advisory Committee shall consist of seven (7) Reservation
cotton growers, to be selected by the growers, three (3) Reservation
agriculture vendors, and one representative from the Extension Service.
The Advisory Committee shall present its suggestions, comments and
recommendations to the Committee for action by the Tribal Council.
CHAPTER 4. ASSESSMENT
Section 2-401 Assessment.
There shall be assessed against each producer a fee of Twenty-Four
Dollars ($24.00) per acre for all acres in cotton production for the
crop year for which the program is implemented. Fifty percent (50%) of
the assessment for each producer shall be due on or before April 15th
and the remaining fifty percent (50%) shall be due on or before June
15th. Any assessment unpaid after the due date shall bear interest at
eighteen percent (18%) per annum from the date it becomes due until
paid, but this provision shall not be construed to relieve the
producer from its obligation to pay each assessment at the time and in
the manner specified.
Section 2-402 Acreage Calculation.
For purposes of calculating the assessment for each person
pursuant to paragraph (a) above, the acres in cotton production shall
be calculated by the same method utilized by the Agriculture
Stabilization and Conservation Service for purposes of measuring crop
acreage.
Section 2-403 Payment.
Assessments shall be paid to the order of "Colorado River Indian
Tribes" and shall be delivered to the Environmental Protection Officer
without prior notice or demand.
Section 2-404 Segregation of Funds.
All funds collected pursuant to this Article shall be segregated
and set aside for use only for the purposes of this Article. Any
surplus funds remaining after completion of all program activities for
the crop year shall be (1) returned to each producer ratably based on
its contribution to the program, or (2) utilized to defray program
costs in any subsequent year.
CHAPTER 5. COMPLIANCE
Section 2-501 Lien.
(a) The Tribe shall have a first claim and lien upon any crops
growing on or any interest in the land upon which a cotton crop is
produced for payment of the assessment herein provided.
(b) Within five (5) days after failure to pay the required
assessment, the Environmental Protection Officer shall cause to be
served upon the owner or person in charge of or in possession of the
crops or land subject to a lien, a notice that such property is subject
to a lien pursuant to the Article, and that unless the amount is paid
to the Tribe within thirty (30) days after the date of service of the
notice, the lien will be foreclosed and the interest in the crops or
land will be sold at a public sale, and the proceeds, or so much
thereof as may be necessary, applied to satisfy the lien and the costs
of sale.
(c) Within twenty (20) days after failure to pay the required
assessment, the Environmental Protection officer shall cause to be
prepared and filed in the office of the County within whose
administrative boundaries the property subject to a lien is situated,
with each cotton gin with fifty (50) miles of the Reservation and with
the Colorado River Agency of the Bureau of Indian Affairs, a notice of
the lien, setting forth the amount thereof, the name of the owner or
person in charge or in possession, and stating the time within which
the amount of the lien must be paid and that if it is not paid within
such time the property will be subjected to payment thereof.
(d) If the amount of the lien is not paid within the time period
prescribed, the Tribal Attorney, upon the written request of the
Environmental Protection Officer, may foreclose the lien against the
property subject thereto.
Section 2-502 Summary Abatement.
(a) If the Environmental Officer finds that a danger to the
Reservation agricultural industry is imminent should a producer fail to
comply with any requirement of this Article, and that the noncompliance
may be summarily abated, the Environmental Protection officer shall by
written order direct the owner or person in charge or in possession of
the premises to comply in the manner and within the time period
specified within the order.
(b) Should the producer or person in charge or in possession of
the subject premises fail for any reason to comply within the period
and in the manner specified in the order issued pursuant to
subparagraph (a), the Environmental Protection Officer shall take the
action specified in the written order.
(c) The Environmental Protection Officer shall use all reasonable
diligence to personally serve the compliance order, but it shall not be
necessary that service have been effected for the Environmental
Protection Officer to take the action specified in the written order.
Section 2-503 Enforcement, Penalties.
(a) If at any time any person has violated or failed to comply
with the provisions of this Article, or any of the rules, regulations,
orders or directives issued pursuant to this Article, then the
Environmental Protection Officer is authorized to have legal
proceedings instituted in Tribal Court for any appropriate remedies,
including declaratory or injunctive relief, seizure and forfeiture, and
the posting of bonds or sureties to insure compliance.
(b) Any person who violates or fails to comply with any
requirement, provision or condition of this Article shall be subject to
a fine not to exceed Two Hundred and Fifty Dollars ($250) per
occurrence. Each day that a violation exists shall be considered a
separate occurrence.
Section 2-504 Other Pest Control Laws.
Nothing in this Article shall operate to relieve any producer from
compliance with any other laws, ordinances, rules and regulations
applicable to producer or its lands.
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