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Department of the Interior

Effective Date: 7/14/81

Series: Environmental Quality

Part 517: Pesticides

Chapter 1: Pesticide Use Policy

Originating Office: Office of Environmental Policy and Compliance

1.1 Purpose. This Chapter prescribes the Department=s policies for the use of pesticides on the lands and waters under its jurisdiction and for compliance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

1.2 Policy. It is the policy of the Department:

A. To use pesticides only after full consideration of alternatives - based on competent analyses of environmental effects, safety, specificity, effectiveness, and costs. The full range of alternatives including chemical, biological, and physical methods, and no action will be considered. When it is determined that a pesticide must be used in order to meet important management goals, the least hazardous material that will meet such goals will be chosen.

B. To utilize pest management research, control, education, and assistance programs to develop, support, and adopt integrated pest management (IPM) strategies wherever practicable.

C. To use only pesticides registered by the Environmental Protection Agency (EPA) in full accordance with FIFRA, as amended, and as provided in regulations, orders, or permits issued by EPA.

D. That the handling and use of restricted-use pesticides be conducted with caution and only by personnel who are either certified or under the direct supervision of a certified applicator.

E. To insure that all pesticides and pesticide containers are transported, stored, and disposed of in a manner that will safeguard human health, fish and wildlife, and prevent soil and water contamination.

F. To give full consideration at all times to safety to humans, fish and wildlife, and other non-target organisms.

G. To use pesticides in habitats involving endangered and threatened animal or plant species only after it is determined that such use will not adversely affect the species or its critical habitat. This determination will be made through the Endangered Species Act consultation process prescribed in 50 CFR 402.

H. To use pesticides in wilderness areas only where necessary to protect human health or to prevent loss of significant resource values on public or private lands within or bordering the wilderness area.

I. To conduct or require quality control monitoring before, during, and after any pesticide application in ecologically sensitive areas. Such monitoring will determine whether the application achieved the desired effects and whether there are any significant, unanticipated effects.

J. To apply pesticides by aerial methods only when the advantages over ground methods are distinct and then only with appropriate techniques to ensure positive placement and to minimize drift.

K. To adhere to Departmental public participation policies in carrying out pesticide use programs. (301 DM 2)

L. To ensure that areas treated with Restricted Use pesticides (40 CFR 162.31) are posted at usual points of entry so that occupants, land users, and visitors are informed sufficiently in advance to avoid possible exposure. Such posting will contain: (1) a statement that the area has been or will be treated with a named pesticide; (2) the date of the treatment; (3) appropriate precautions to be taken or the date when re-entry is judged to be safe; (4) a telephone number and address for further information. Local managers may make exceptions to the posting requirement where they judge no public exposure is likely.

M. To ensure that all non-Interior lessees, operators, or other users of Interior lands, waters, or facilities are aware of their obligation to comply with FIFRA as amended, Departmental policy, and all other applicable Federal and State laws and regulations governing the use of pesticides, and to require such compliance through periodic review of the pesticide-related plans and practices of the land users.

1.3 Prohibited and Restricted Uses of Pesticides. The pesticides listed by EPA as prohibited or restricted are prohibited or restricted, as indicated, for use on lands and waters administered by the Department.

1.4 Responsibilities.

A. Assistant Secretary - Policy, Budget, and Administration.

(1) Is responsible for overseeing the Department=s compliance with FIFRA, as amended, and its implementation of all other policies prescribed in this Part.

(2) Is responsible for coordinating any program differences or conflicts between Assistant Secretaries.

B. Program Assistant Secretaries. Are responsible for their subordinate bureaus and offices' compliance with the amended FIFRA, EPA's implementing regulations (Code of Federal Regulations, Title 40, Subchapter E - Pesticide Programs), and the policies prescribed in this Part.

C. Heads of Bureaus and Offices.

(1) Will ensure that their organizations comply with the amended FIFRA, EPA's implementing regulations (Code of Federal Regulations, Title 40, Subchapter E - Pesticide Programs), and the policies prescribed in this Part.

(2) Will ensure that their organizations' pesticide programs and uses are evaluated, controlled, and monitored for safety, protection of the environment, and compliance with the National Environmental Policy Act, as amended, and the Endangered Species Act, as amended.

(3) Will provide technical support for Departmental reviews of pesticide policies, programs, and uses when requested.

D. Office of Environmental Project Review.

(1) Will be the lead office for advising the Assistant Secretary - Policy, Budget, and Administration in regard to the policy aspects of Departmental pesticide programs and activities. This includes recommendations for revision of this Pesticide Use Policy when warranted by changes in the available technical information, pertinent Federal statutes or regulations, or other conditions.

(2) Will solicit and consider the views of all interested Departmental offices and bureaus when changes in this Pesticide Use Policy are contemplated. Recommendations for revision of this policy will be accompanied by appropriate supporting information and the comments of interested Departmental bureaus and offices.

(3) Will exercise oversight review of pesticide programs, projects, procedures, and performance for the Assistant Secretary - Policy, Budget, and Administration.

(4) Will be the lead office for establishing the requirements for Departmental-level reviews of pesticide uses proposed by Interior bureaus and offices, for performing such reviews, and will approve certain pesticide uses. The heads of the interested bureaus and offices will be invited to designate representatives to advise and assist in these reviews.

(5) Will alert bureaus when new information or other considerations require significant controls, advice, or warning concerning the use of pesticides that may pose an environmental threat.

7/14/81 #2336

Replaces 6/19/81 #2331