Administrative Records Public Notice: Winnebago Tribe NE Application - Clean Water Act Eligibility

Notice is hereby given that the U.S. Environmental Protection Agency (EPA), Region 7, has received a supplemental application from the Winnebago Tribe of Nebraska for treatment in a similar manner as a state (TAS) under section 518 of the Clean Water Act (CWA). The Tribe is seeking to add certain lands held in trust by the United States on behalf of the Tribe to the Tribe’s existing TAS eligibility to administer the CWA water quality standards and water quality certification programs (CWA sections 303(c) and 401, respectively). If EPA approves the supplemental TAS application, the Winnebago Tribe of Nebraska would become eligible to develop, review, and revise water quality standards and issue certifications pursuant to the CWA for surface waters within the additional trust lands.  

The trust lands included in the Tribe’s supplemental application are three tracts totaling approximately 1600 acres that were acquired pursuant to the Winnebago Land Transfer Act of 2023. These tracts include a portion of Tract No. 119, Tract No. 210, and Tract No. 113. By this notice, EPA is offering an opportunity to provide comments on the Tribe’s assertion of authority in its supplemental application. EPA’s review of the supplemental application, and this opportunity to comment, are limited to the trust land parcels described above. A copy of the Winnebago Tribe’s supplemental TAS application is located in the links on this webpage.

Members of the public who may have relevant information regarding the Tribe’s assertion of authority are asked to provide that information to EPA Region 7 by email (preferred) to: R7-WaterDivision@epa.gov, or by mail to: Water Division, EPA Region 7, 11201 Renner Blvd., Lenexa, KS 66219. All comments must be submitted by February 17, 2026.

For further information, please contact Jeff Robichaud, EPA Region 7, at robichaud.jeffery@epa.gov, or 913-551-7146.