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1 - Phytosanitary Resources

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Regulatory Procedures<br />

Tribal Governments<br />

USDA–APHIS–PPQ also works with federally-recognized Indian Tribes to<br />

conduct surveys, enforce regulations and take control actions. Each Tribe<br />

stands as a separate governmental entity (sovereign nation) with powers and<br />

authorities similar to State governments. Permission is required to enter and<br />

access Tribal lands.<br />

Executive Order 13175, Consultation and Coordination with Indian and Tribal<br />

Governments, states that agencies must consult with Indian Tribal<br />

governments about actions that may have substantial direct effects on Tribes.<br />

Whether an action is substantial and direct is determined by the Tribes. Effects<br />

are not limited to current Tribal land boundaries (reservations) and may<br />

include effects on off-reservation land or resources which Tribes customarily<br />

use or even effects on historic or sacred sites in States where Tribes no longer<br />

exist.<br />

Consultation is a specialized form of communication and coordination<br />

between the Federal and Tribal governments. Consultation must be conducted<br />

early in the development of a regulatory action to ensure that Tribes have<br />

opportunity to identify resources which may be affected by the action and to<br />

recommend the best ways to take actions on Tribal lands or affecting Tribal<br />

resources. Communication with Tribal leadership follows special<br />

communication protocols. For additional information, contact PPQ’s Tribal<br />

Liaison.<br />

To determine if there are federally-recognized Tribes in a State, contact the<br />

State Plant Health Director (SPHD). To determine if there are sacred or historic<br />

sites in an area, contact the State Historic Preservation Officer (SHPO). For<br />

clarification, check with your SPHD or State Plant Regulatory Official (SPRO)<br />

in the affected State.<br />

Overview of Regulatory Program After Detection<br />

Once an initial U.S. detection is confirmed, holds will be placed on the<br />

property by the issuance of an Emergency Action Notification. Immediately<br />

place a hold on the property to prevent the removal of any host plants of Tuta<br />

absoluta.<br />

6/2011 Tomato Leafminer 5-3<br />

Emergency and Domestic Programs

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