New Pest Response Guidelines - aphis - US Department of Agriculture

Regulatory Procedures
Tribal Governments
USDA–APHIS–PPQ also works with federally-recognized Indian Tribes to
conduct surveys, enforce regulations and take control actions. Each Tribe
stands as a separate governmental entity (sovereign nation) with powers and
authorities similar to State governments. Permission is required to enter and
access Tribal lands.
Executive Order 13175, Consultation and Coordination with Indian and Tribal
Governments, states that agencies must consult with Indian Tribal
governments about actions that may have substantial direct effects on Tribes.
Whether an action is substantial and direct is determined by the Tribes. Effects
are not limited to Tribal land boundaries (reservations) and may include effects
on off-reservation land or resources which Tribes customarily use or even
effects on historic or sacred sites in States where Tribes no longer exist.
Consultation is a specialized form of communication and coordination
between the Federal and Tribal governments. Consultation must be conducted
early in the development of a regulatory action to ensure that Tribes have
opportunity to identify resources which may be affected by the action and to
recommend the best ways to take actions on Tribal lands or affecting Tribal
resources. Communication with Tribal leadership follows special
communication protocols. For more information, contact PPQ’s Tribal Liaison.
Refer to Table A-1 on page A-2 for information on identifying PPQ’s Tribal
Liaison.
To determine if there are federally-recognized Tribes in a State, contact the
State Plant Health Director (SPHD). To determine if there are sacred or historic
sites in an area, contact the State Historic Preservation Officer (SHPO). For
clarification, check with your SPHD or State Plant Regulatory Official (SPRO)
in the affected State. Refer to Resources on page A-1 for contact information.
Overview of Regulatory Program After Detection
Once an initial U.S. detection is confirmed, holds will be placed on the
property by the issuance of an Emergency Action Notification. Immediately
put a hold on the property to prevent the removal of any host plants of the pest.
Traceback and trace-forward investigations from the property will determine
the need for subsequent holds for testing and/or further regulatory actions.
Further delimiting surveys and testing will identify positive properties
requiring holds and regulatory measures.
12/2012-01 Dendrolimus Pine Moths 5-3