5-36-6. CERTIFICATION PROCEDURES.

1. Commercial Applicators.
   1. Certification Document Required. No person shall apply restricted use pesticides on the Rosebud Sioux Indian Reservation lands without first obtaining a Rosebud certification document from the Rosebud Natural Resources/Land Management Committee. Rosebud tribal certification is obtained by presenting to the Committee a valid commercial applicator certification document issued by the State of South Dakota. The tribal certification document issued will reflect tribal certification only in the commercial applicator categories appearing on the State certification document presented, which the Committee determines to meet the competency standards given in Section 5-36-5 (b) of this Code. Further, the expiration date on the Rosebud certification document presented.
   2. Certification Renewal. A Rosebud certification may be renewed according to the procedures described in Section 5-36-6 (1) of this Code by presenting a valid State of South Dakota certification document to the Rosebud Natural Resources/Land Management Committee.
   3. Records Maintained. Commercial applicators shall keep and maintain records of each application of any pesticide to include the following information:
      1. Name and address of owner of property treated;
      2. Location of treatment site, if different from (a);
      3. Date and time of application;
      4. Wind direction, wind velocity, and temperature at time of application (non-structural applications);
      5. Name of pesticide, formulation, concentration, rate applied, and total amount used;
      6. Purpose of application (name of pest treated);
      7. Specific crop or designated area to which pesticides application was made; and
      8. Name and address of applicator.
         Such reports shall be kept for a period of three (3) years from the date of application of the pesticide and shall be available for inspection by the Rosebud Natural Resources/Land Management Committee at reasonable times. The Committee shall upon written request, be furnished a copy of such records by the commercial applicator. Records of restricted use pesticide applicators performed by persons under the direct supervision of a certified commercial applicator shall be the responsibility of the supervising certified applicator.
2. Private Applicators.
   1. Certification Required. No applicator as defined in Section 5-36-1 D (1) of this Code shall use or supervise the use of any restricted use pesticide without a private applicator’s certificate issued by the Rosebud Natural Resources/Land Management Committee.
   2. Certification Methods. A private applicator may become certified to purchase and/or apply restricted use pesticides on the Rosebud Reservation Lands by presenting a current valid South Dakota Private Applicators certification to the Rosebud Natural Resources/Land Management Committee. The Committee will issue a Rosebud Tribal Certification document to the holder of a South Dakota certification document. The expiration date of the tribal certification will be the same as that given on the South Dakota document. Recertification may be obtained by presenting an updated South Dakota certification document to the Committee.
3. Certification of Non-English Speaking Applicators. Since pesticide labels are printed in English, persons who cannot read English cannot be certified on the Rosebud Reservation.