Enforcement Issues on the Yakama Reservation

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Enforcement Issueson the Yakama Reservation
Presented to the Western Region Pesticide Tribal
Pre-Meeting May 10, 2005 Las Vegas, Nevada
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Population Centers
Harrah pop. 614
Wapato pop. 4,555
White Swan Pop. 3,033
Closed Area
Toppenish pop. 9,000
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Yakama Reservation Population, 2000 Census Total
Population 31,799
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Reservation Pesticide Use
450 Yakama Reservation Private
Applicators 6 Yakama Reservation Commercial
Applicators 780 Reservation farms larger than 6
acres where pesticide applications take place.
Walla Walla sweet onions
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Wapato Irrigation Project Crops by Acres - 2004
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Initial Pesticide Code Development

• Reflect Yakama Reservation needs and Tribal
  interests
• Apply to ALL Reservation Lands
• Tribal Enforcement
• Comprehensive
• Tribal Sovereignty

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Concerned Stakeholders

• Washington Hop Growers Association
• Washington State Farm Bureau
• Citizens Equal Rights Alliance
• Washington State Department of Agriculture (WSDA)

Minor crops carrot seed
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Washington Hop Growers Association

• Hop grower meeting
• First draft issues
• No grower input/say
• Permits another tax
• Another set of laws
• Section 18s
• Why not duplicate what the state is doing?

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Washington StateFarm Bureau

• EPA-FB-WSDA private meeting on 6/25/05
  followed by press release in July.
• The Tribe is using the EPA to gain more control
  over non-Indians.
• I think were probably headed to courtUnless
  the EPA backs out of this agreement with the
  Tribe, I dont see any other way to resolve all
  the issues and protect our rights as U.S
  Citizens.

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Citizens Equal Rights Alliance

• Citizens Stand-UP! Committee
• Anti-Sovereignty group established to protect and
  support the constitutional rights of all people,
  both Indian and non-Indian, to provide education
  and training concerning constitutional rights,
  and to participate in legal actions that
  adversely impact the constitutional rights of
  citizens
• Federal Indian policy is unaccountable,
  destructive, racist and unconstitutional.
• Phillip Brendale

Minor Crop Production - Sweet Cherries
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Sovereignty Issues

• U.S. v. Washington, 1974, Boldt Decision
• Brendale v. Confederated Yakima Indian Nation,
  492 U.S. 408 (1989)
• Alcohol license and tax, 2000
• Yakama Power !, Columbia River dam licensing,
  2001
• Utility Franchise Tax, 2002
• Yakima County Jail, 2003

Minor Crop Production - Spearmint
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Stakeholder Meeting

• EPA R-10 encouraged meeting.
• Representation
• Stakeholder Groups
• WSDA
• Stand-Up! Committee
• Stakeholders
• EPA Region 10
• Tribal Ordinance to be adapted from state WAC
  and RCWs.
• Jurisdiction

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Tribal Pesticide Code Authority
.the Yakama Nation hereby establishes this
pesticide code covering lands owned by or held
in trust for the Yakama Nation or an enrolled
member within the Yakama Indian Reservation .
from article IA.1
Minor Crop Production Wine Grapes
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Enforcement

• Non-Tribal/Fee Lands
• EPA enforcement
• Tribal Lands
• Tribal enforcement

Minor Crop Production - Potatoes
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Enforcement Issues on Fee Lands

• State/Tribal regulations provide better
  protection than FIFRA.
• 2,4-D management to protect sensitive broadleaf
  crops, i.e. grapes
• Protection for pollinators
• WPS training requirements
• Record keeping requirements
• Record inspections
• Commercial applicators
• Licensing
• Surety Bonds/insurance

Transplanting peppers
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Commercial Application 9.25.03

• Turf Pro
• Commercial application of non-restricted use
  pesticides.
• Applicator had no license at time of inspection

Yakima Nation Indian Health Service
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Enforcement Issues on Tribal Lands

• Tribal Legal Counsel
• Tribal Court system
• Lack of an adequate hammer as an enforcement
  tool.

Minor crops -Asparagus harvest
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Tribal Court System

• Tribal and Tribal family issues.
• Administrative Procedures in place.
• Stakeholder Administrative Review
• Stakeholder review of cases
• Consensual agreement of findings
• Concurrence from oversight committee
• Final order from Chairman
• Then
• Settlement hearing?
• Then what ? ? ?

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The Hammer

• Dealing with the reluctant
• Shut-down irrigation water.
• No authority in CFRs
• Revoke Leases.
• Who controls the leases?

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Yakama Nation Land Enterprise

• Founded in 1950 to purchase, consolidate,
  regulate and develop land on behalf of the Yakama
  Nation.
• Five complaints in 15 months
• 3 for drift onto USDA organic certified cherries
• 2 human exposure cases involving azinphos-methyl
• Refused consent to EPA inspection team from
  Seattle to perform a follow-up WPS inspection.
  The team returned 2 weeks later to complete the
  inspection which resulted in further complaints.
• Ignored EPAs request to meet to develop a
  pesticide compliance plan.

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Yakama Land Enterprise(continued)

• Has refused all offers of compliance assistance
  from the Tribal Pesticide Program
• May be taking over all lease authority from BIA.
• Has not responded adequately to EPAs civil
  administrative complaint.

Spring transplanting
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The Hammer

• How do you revoke an individuals lease, for cause
  (non-compliance, failure to respond, etc.) when
  the lease controlling agency (YNLE) refuses to
  work with you?
• Under an adopted Tribal ordinance, what
  enforcement authority is there over other Tribal
  agencies?

Orchard country
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Tribal Enforcement Issues vs. Interests

• The regulations do not apply to us.

WIP main canal
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WSDA (Washington State Department of Agriculture)

• Areas of cooperation
• Section 18/24c pilot project
• Waste pesticide disposal program
• WPS training programs
• Train-the-Trainer, workers
• Handler training
• Status of current licenses

State- Tribal WPS Handler Training
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WSDA (Washington State Department of Agriculture

• Cooperation needed
• Application records
• License suspension revocation
• Case referral to maintain level playing field
• Obstacles to cooperation
• Jurisdiction

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But what about.?

• Stop work, cease and desist orders?
• Administrative warrants?

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Information and Contacts

• Marco Guske
• Yakama Nation
• Pesticide Program Specialist
• P.O. Box 151 401 Fort Rd.
• Toppenish, WA 98948
• [phone] ext. 4669
• [phone] FAX
• [phone] cell

• Email marco_at_yakama.com
• Website revised by code/ ordinance updates.
• www.ynemp.info
• Yakama Nation Environmental
• Management Programs

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Information and Contacts

• Marco Guske
• Yakama Nation
• Pesticide Program Specialist
• P.O. Box 151 401 Fort Rd.
• Toppenish, WA 98948
• [phone] ext. 4669
• [phone] FAX
• [phone] cell

• Email marco_at_yakama.com
• Website revised by code/ ordinance updates.
• www.ynemp.info
• Yakama Nation Environmental
• Management Programs