# Indians of Wisconsin > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Ast_croix_chippewa%3Ac70daf1b178ed43f ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text St. Croix Chippewa Indians of Wisconsin Nonpoint Source Management Plan Draft – June 2026 Table of Contents Acronyms and Abbreviations...................................................................................................... 3 1 Overview ................................................................................................................................. 4 2 Introduction ............................................................................................................................. 6 2.1 Goals and Objectives........................................................................................................ 6 2.2 Watersheds of Focus ........................................................................................................ 7 Sand Lake-Yellow River HUC12 (070300010501) .............................................................. 9 Big Sand Lake-Yellow River HUC12 (070300010502) .......................................................10 Loon Creek HUC12 (070300010505) .................................................................................10 Buffalo Lake-Yellow River HUC12 (070300010506) ...........................................................11 Sand Creek HUC12 (070300010803) ................................................................................11 Clam Lake-Clam River HUC12 (070300010904)................................................................11 Black Brook-Clam River HUC12 (070300010906)..............................................................12 Hay Creek-Saint Croix River HUC12 (070300011202) .......................................................12 Straight River HUC12 (070300050702) ..............................................................................12 2.3 Tribal Authority for Implementing the NPS Management Program ...................................13 3 NPS Management Plan Implementation.................................................................................15 3.1 Implementing the NPS Management Program with St. Croix Tribal Governance .............15 3.2 Existing Tribal Plans, Ordinances, & Policies ...................................................................16 3.3 Key Partners for NPS Program Implementation ...............................................................16 3.4 NPS Funding Sources .....................................................................................................19 3.5 NPS Management Program Monitoring & Assessment ....................................................19 3.6 NPS Management Program Coordinating & Reporting ....................................................21 4 Management Program Summary ...........................................................................................22 4.1 BMP Selection .................................................................................................................24 Forestry .............................................................................................................................25 Wetland/Riparian Areas .....................................................................................................26 Agriculture..........................................................................................................................27 4.2 Schedule for BMP Implementation...................................................................................28 Long-term Implementation .................................................................................................29 5 Public Notice & Comment ......................................................................................................30 6 References ............................................................................................................................31 Appendix A: Attorney Certification for CWA Section 319 Eligibility ............................................32 2|Page Acronyms and Abbreviations BIA BMP CPRG CWA ENRD HSG HUC8 HUC10 HUC12 mg/L NPS POWTS QAPP SWCD TAS TP mg/L USACE USDA USFS USFWS WIDNR WRWAM Bureau of Indian Affairs Best Management Practice Climate Pollution Reduction Grant Clean Water Act Environmental and Natural Resources Department Hydrologic Soil Group 8-digit Hydrologic Unit Code 10-digit Hydrologic Unit Code 12-digit Hydrologic Unit Code Milligrams Per Liter Nonpoint Source Private Onsite Wastewater Treatment System Quality Assurance Project Plan Soil and Water Conservation District Treatment as a State Total Phosphorus Milligrams Per Liter U.S. Army Corps of Engineers U.S. Department of Agriculture U.S. Department of Agriculture, Forest Service U.S. Fish and Wildlife Service Wisconsin Department of Natural Resources Wisconsin Rapid Wetland Assessment Methodology 3|Page 1 Overview The St. Croix Chippewa Indians of Wisconsin (St. Croix) are actively pursuing grant eligibility under the federal Clean Water Act (CWA) Section 319 to address nonpoint source (NPS) pollution within tribal boundaries. To qualify for Section 319 funding, tribes must meet four criteria (USEPA 2010): 1. Be a federally recognized tribe 2. Complete an approved CWA Section 319(a) NPS assessment report 3. Complete an approved CWA Section 319(b) NPS management program 4. Be CWA Section 518(e) approved for Treatment in a Similar Manner as a State (“treatment as a state” or TAS) In 2026, the St. Croix completed a NPS Assessment report that summarizes and characterizes the condition of tribal water resources. This document describes the NPS Management Program Plan that uses the information from the NPS Assessment report to identify specific activities which the St. Croix, supported by technical and financial assistance from non-tribal partners, would like to implement to address NPS pollution and improve tribal water quality. The NPS Assessment Report characterized water quality within the St. Croix’s tribal boundary as shown in Figure 1. There are an extensive number of waterbodies and wetlands on St. Croix lands. Waterbodies on the St. Croix lands are included in one of three Hydrologic Unit Code (HUC) 8 watersheds: Lower St. Croix, Upper St. Croix, and Red Cedar. The St. Croix Tribal Environmental and Natural Resources Department (ENRD) manages a surface water quality program that is 100% funded through grants from the Environmental Protection Agency Clean Water Act Section 106 Program. Their Clean Water Act (CWA) Section 106 program has historically monitored water quality of tribal waterbodies at up to 18 monitoring stations, although only 8 stations are currently monitored on a rotating basis due to funding and capacity limitations. There is still a significant need to further assess waterbodies associated with St. Croix lands and refine assessment methodologies to be consistent with other stakeholders. Section 319 Program funding will support assessment activities and continued development of assessment methodologies to address NPS pollution. This NPS Management Plan covers waters of concern with regard to water quality threats and needed improvements, as well as high-quality surface waters and strategies that protect these waters. The primary NPS pollutants affecting the St. Croix, as described in the NPS Assessment Report, include nutrients (phosphorus (P), nitrogen (N)), and sediment (S). WIDNR assessment data often indicates that many stream reaches qualify as impaired due to total phosphorus and sediment while not always showing impairment in the biological communities that are present. Most waterbodies in the State of Wisconsin are contaminated with mercury, representing health concerns to the St. Croix communities that consume fish and other foods and medicines from these waterbodies. The NPS Assessment Report identified two HUC8 watersheds of focus for NPS issues, the Upper St. Croix and the Lower St. Croix. In these two watersheds, ten HUC12 watersheds in the Upper St. Croix and one HUC12 watershed in the Lower St. Croix had 4|Page pollutants of concern, stressors or causes of NPS pollution, and NPS category focus areas identified. The main NPS category focus areas from the Assessment Report are: 1. Wetland/Riparian Areas 2. Forestry 3. Agriculture In conjunction with the NPS Assessment Report and ongoing compilation of TAS documentation, approval of the Management Plan will allow the St. Croix to pursue federal grant funding to implement structural and non-structural best management practices (BMPs) and reduce NPS pollution impacts. Figure 1: HUC8 watersheds with St. Croix lands 5|Page 2 Introduction The St. Croix Chippewa Indians of Wisconsin’s primary goal is to expand the capabilities of their water quality program to address polluted runoff impacts and minimize NPS pollution on their lands. In addition, the St. Croix wishes to assess and track the condition of tribal water resources and achieve attainment of water quality targets and goals within their lands. This NPS Management Plan covers a period of five years from time of approval. The NPS Management Program will focus implementation activities on trust lands or upstream fee simple lands that have a nexus to trust lands through an approach that understands pollution sources originate from both tribal and nontribal land. The management plan’s intent is to outline measures that will benefit the watershed as a whole. Where NPS pollution sources impacting St. Croix waters originate on private or non-trust land, program staff will work with non-tribal resource agencies, stakeholders, and property owners to develop workable solutions to the NPS challenges identified. Where funding is needed (i.e., where landowners or cooperators are unable to implement NPS control measures using their own resources), St. Croix NPS Program staff will work cooperatively with Tribal and non-tribal entities to identify relevant and available funding sources that can be leveraged to address NPS issues regardless of where they are found. 2.1 Goals and Objectives The St. Croix Chippewa Indians of Wisconsin are striving to assess, protect, and restore water quality within and adjacent to the St. Croix Reservation and territory. It is the goal of the St. Croix to reestablish waters of the reservation to more closely resemble pre-European settlement conditions. Non-point sources in the watershed continue to release pollutants into the tributaries and the lakes, and changes in forestry practices and agriculture are priority water quality concerns. Tribal members utilize water resources for everyday needs including recreation, cultural practices and as a source of food, particularly Manoomin (wild rice, Zizia palustrus) and Ogaa (walleye, Sander vitreus). The St. Croix continually works to preserve the culture of their people and is therefore dedicated to protecting and improving water quality within their lands. Tribal leaders and members are keenly interested in assessing on a continuing basis the impacts of these pollutants and the chemical and biological quality of the waters. To begin development of the NPS Management Program and initiate work to address overarching NPS pollution reduction goals, the St. Croix NPS Management Program proposes using its Section 319 funding to address the following objectives: ● Establish a baseline of surface water quality on selected tribal lands to identify waters that cannot meet or maintain water quality goals or thresholds for nutrients, bacteria, and sediment without control of NPS pollution; the state of Wisconsin water quality standards have been adopted by the St. Croix as interim water quality goals until such a time that St. Croix water quality standards are implemented. 6|Page ● ● ● ● ● Determine extent to which surface water quality is changing over time related to NPS pollutants including nutrients, bacteria, and sediment. Identify problem areas with poor surface water quality and/or the potential to degrade surface water quality stemming from NPS pollution and the causes and sources of those pollutants. Identify those tribal waters meeting water quality goals and thresholds to identify if protection measures are needed and at what level. Continue and expand current monitoring and reevaluation as necessary. Expand staff monitoring capacity by hiring additional field technicians. Section 4, Management Program Summary, includes further detailed goals and objectives based on the results of the NPS Assessment report findings and stakeholder input. The St. Croix NPS Management Program focuses on BMP implementation and strategies to address NPS pollution affecting St. Croix waters within trust lands. However, as noted above, the St. Croix recognizes the need to collaborate with non-tribal partners to ensure that NPS pollution upstream of tribal waters is also effectively addressed. 2.2 Watersheds of Focus The St. Croix have determined that for the first five-year Management Plan they will place initial focus, when it makes sense to do so, on water resources in the following HUC12 watersheds. These HUC12s were chosen based on review of available water quality data, cultural priorities, tribal NPS pollution concerns, high-quality natural resources and habitat to protect, and best distribution of St. Croix resources and capacity. As identified in the St. Croix Section 319 Assessment Report, surface water monitoring conducted on St. Croix waters has identified NPS pollutants and potential sources in the focus HUC12s identified in the following table. NPS pollutants of concern include nitrogen (N), phosphorus (P) and sediment (S) as shown in Table 1. Goal attainment categories are referenced from the Assessment Report Section 5.2 Summary of Water Quality Data (pp 59-60) and defined below. Each focus HUC12 may include a combination of impacted/threatened and protection activities. ● ● ● Impacted – River/stream sites that had at least three pollutants with data in exceedance of the goal are considered Impacted by NPS pollution. Threatened –. Rivers and streams that had one to two pollutants with data in exceedance of the goal are considered Threatened by NPS pollution. Protection – Rivers/streams without any goal exceedances are identified solely for Protection activities. 7|Page Table 1: Focus HUC12s and associated key water resources Upper St. Croix HUC8 07030001 HUC12 Watershed Pollutants of Tribal Waters Concern Gaslyn Lake Sand Lake-Yellow River 070300010501 S, N Yellow River (County H) Gaslyn Creek Big Sand Lake-Yellow River 070300010502 Loon Creek 070300010505 Buffalo Lake-Yellow River 070300010506 Sand Creek 070300010803 S, N S, N S, N S, N S, N, P Big Sand Lake Loon Creek Yellow River (North & South) Goal Attainment NPS Focus Areas Threatened Removal of streamside vegetation, timber Threatened harvesting, road construction/use, wetland & riparian loss Threatened Wetland / Riparian Areas, Forestry Removal of streamside vegetation, timber harvesting, road Threatened construction/use, wetland & riparian loss Wetland / Riparian Areas, Forestry Removal of streamside vegetation, timber harvesting, road Threatened construction/use, wetland & riparian loss Wetland / Riparian Areas, Forestry Removal of streamside vegetation, timber harvesting, road Threatened construction/use, wetland & riparian loss Wetland / Riparian Areas, Forestry Sand Lake Removal of streamside vegetation, timber Threatened harvesting, road construction/use, wetland & riparian loss Wetland / Riparian Areas, Forestry Clam Lake Impacted Removal of streamside vegetation, timber harvesting, road construction/use, wetland & riparian loss, agricultural runoff, erosion Wetland / Riparian Areas, Forestry, Agriculture Impacted Removal of streamside vegetation, timber harvesting, road construction/use, wetland & riparian loss, agricultural runoff, erosion Wetland / Riparian Areas, Forestry, Agriculture Clam Lake-Clam River 070300010904 S, N, P NPS Stressors Clam River 8|Page Black Brook-Clam River 070300010906 Hay Creek-Saint Croix River 070300011202 S, N, P None Impacted Removal of streamside vegetation, timber harvesting, road construction/use, wetland & riparian loss, agricultural runoff, erosion Wetland / Riparian Areas, Forestry, Agriculture St. Croix River Protection Limit removal of streamside vegetation, limit ag/development impacts near the river, protect existing riparian/wetland areas Wetland / Riparian Areas, Forestry Straight River (North & South) Legacy P loading from Big Round Lake, removal of streamside vegetation, timber harvesting, road Threatened construction/use, wetland & riparian loss, agricultural runoff, erosion, streambank erosion Wetland / Riparian Areas, Forestry, Agriculture Big Round Lake Legacy P loading, removal of streamside vegetation, timber harvesting, road construction/use, wetland & riparian loss, agricultural runoff, erosion, streambank erosion Wetland / Riparian Areas, Forestry, Agriculture Clam Lake (Pike Bend) Lower St. Croix HUC8 07030005 S, N Straight River 070300050702 S, N, P Impacted Sand Lake-Yellow River HUC12 (070300010501) This HUC12 is ranked by the state of Wisconsin for ecological health in the top third of 36 HUC12s identified as the top 30% healthiest watersheds within the St. Croix HUC6 (includes Upper and Lower St. Croix HUC8s). This HUC12 is specifically noted by WIDNR for its highquality lakes and rivers. Gaslyn Lake was categorized by the St. Croix in 2022 as mesotrophic, meaning it typically has a moderate supply of nutrients, experiences moderate algal blooms, and has occasional oxygen depletions at depth. Phosphorus trends over the last five years of sampling at Gaslyn Lake and Gaslyn Creek show some minor fluctuations in total P within the lake year to year, but no significant trending increases or decreases. However, significant exceedances of nitrogen and 9|Page sediment (turbidity) were noted in the sampling data, so further monitoring and sampling is recommended to determine trends and potential issues. It is worth noting that there is very little residential development along Gaslyn Lake. Development is restricted along the entire east shoreline due to County Highway H, and only one house is directly on the lakefront while less than 10 houses are within 500 feet of the shoreline. This lack of lakefront development is likely contributing to Gaslyn Lake’s trophic status, and protection/natural enhancement of the remaining undeveloped shoreline along Gaslyn Lake and the forest canopy cover along Gaslyn Creek should be a priority to maintain water quality. The Yellow River riparian corridor within this HUC12 is mostly undeveloped, with a large percentage flowing through county owned forest land. Sampling in the river shows elevated levels of phosphorus compared to Gaslyn Lake and Gaslyn Creek, with a slight upward trend over the last five sampling years. This may be the result of increasing P sources further upstream in the watershed. Further monitoring is recommended, as well as minimizing removal of streamside vegetation and other actions (timbering, further development in the riparian area) that could increase nutrient and sediment loading. Big Sand Lake-Yellow River HUC12 (070300010502) The Big Sand Lake-Yellow River HUC12 is ranked by the state for ecological health in the middle third of 36 HUC12s identified as the top 30% healthiest watersheds within the St. Croix HUC6 (includes Upper and Lower St. Croix HUC8s). Big Sand Lake is classified by WIDNR as a Deep Seepage lake, an Outstanding Resource Water, and an Exceptional Resource Water. Past trophic state index calculations by St. Croix classified the lake as mesotrophic. While the lake is attaining state phosphorus criteria, sediment is a local concern, and the nitrogen levels from tribal sampling exceeded USEPA criteria. Shoreline stabilization in various locations along the lake has been performed by St. Croix in the past to prevent excessive sediment from washing into the lake. Tribal members fish for a variety of species in Big Sand Lake including bluegill, black crappie, walleye, largemouth bass, yellow perch, and northern pike, so protection of fisheries is a priority. Areas of wild rice also exist on Big Sand Lake and historically were larger. Continued shoreline protection and enhancement actions to protect and restore native lakeside vegetation including wild rice is recommended to maintain the lake’s water quality. Loon Creek HUC12 (070300010505) The Loon Creek HUC12 includes one tribal sampling station on Loon Creek, which is a small tributary of the Yellow River. The creek contains gravel/cobble substrate at the sampling location but shifts to sand and silt in other locations. Total P sampled at this location across all sampling years showed zero exceedances of the WIDNR total P criteria, and less than half of the samples exceeded the USEPA total P criteria. However, the site showed exceedances of turbidity and nitrogen from past tribal sampling. Tribal sampling at this location has included macroinvertebrates, which showed a high degree of taxonomic richness with almost 80% EPT taxa, a strong indication of good water quality and reinforced by the total P data. The HUC12 is 10 | P a g e ranked by the state for ecological health in the lower third of 36 HUC12s identified as the top 30% healthiest watersheds within the St. Croix HUC6 (includes Upper and Lower St. Croix HUC8s), a further indicator of good water quality. NPS recommendations for this HUC12 include continued stream monitoring and protection of existing riparian cover and adjacent wetlands, and implementation of best practices for forestry management. Buffalo Lake-Yellow River HUC12 (070300010506) The Buffalo Lake-Yellow River HUC12 is ranked by the state for ecological health in the lower third of 36 HUC12s identified as the top 30% healthiest watersheds within the St. Croix HUC6 (includes Upper and Lower St. Croix HUC8s). The HUC12 includes two tribal monitoring stations, Yellow River-North and Yellow River-South, both situated along the Yellow River. The drainage area consists of mostly forested wetland and upland with a very low level of development, which contributes to the HUC12’s overall good water quality. While the Yellow River is not impaired from phosphorus following state criteria in this location, tribal sampling indicated exceedances of USEPA criteria for phosphorus, nitrogen, and turbidity, so nutrient and sediment levels should continue to be monitored. NPS recommendations for this HUC12 include protection of existing riparian cover and adjacent wetlands, implementation of best practices for forestry management, and other best practices that reduce nutrient and sediment loading. Sand Creek HUC12 (070300010803) The Sand Creek HUC12 contains Sand Lake, which is classified as a Deep Lowland, ORW, and ERW by WIDNR and it is fully attaining both its Aquatic Life and Recreational uses. It is considered a high-quality body of water with a good fishery; muskellunge, panfish and walleye are fished by tribal members and the lake is stocked with walleye fingerlings by the St. Croix, so protection of existing fisheries is a priority. While sampling does not show excessive phosphorus following state criteria, phosphorus, nitrogen and sediment exceedances of USEPA criteria were noted from tribal sampling. Exceedances of the USEPA phosphorus criteria occurred in all phosphorus sampling years. Nitrogen sampling years had exceedances of the USEPA criteria in the four most recent sampling years (2017, 2018, 2023, 2024). Turbidity exceedances were consistent throughout all sampling years. NPS recommendations for this HUC12 include continued monitoring and protection of existing riparian cover and adjacent wetlands around the lake, and implementation of best practices for forestry management. Clam Lake-Clam River HUC12 (070300010904) The Clam Lake-Clam River HUC12 includes two tribal monitoring stations, Clam Lake and Clam River-Lynch Bridge. Clam Lake is listed as impaired by WIDNR for excess phosphorus due to excess algal growth and eutrophication. In contrast, the Clam River is identified by WIDNR as an Outstanding Resource Water and is currently attaining its cold water Aquatic Life Use. Algae blooms are noted by the St. Croix as a priority concern at Clam Lake, likely influenced by nutrient loading, and the Clam River is showing an upward trend of phosphorus and nitrogen loading. Continued monitoring of both waterbodies is recommended to stay on top of NPS 11 | P a g e trends. Clam Lake is also likely affected by upstream agricultural use in the Clam River headwaters. St. Croix priorities for Clam Lake are to restore wild rice, water quality, fisheries, and waterfowl populations. Wild rice acreage at Clam Lake is considered to be one of the best in Northwest Wisconsin, so protection of existing acreages by reducing nutrient and sediment loading along with restoration and enhancement of the shoreline is both a water quality priority and a cultural priority for the St. Croix. Black Brook-Clam River HUC12 (070300010906) The Black Brook-Clam River HUC12 includes the furthest downstream outlet of Clam Lake on Clam River. As mentioned earlier, the Clam River is identified by WIDNR as an Outstanding Resource Water and is currently attaining its cold-water Aquatic Life Use, with parts of the river being class I and III trout water, however, tribal sampling in this part of the Clam River shows elevated phosphorus, likely influenced from the upstream Clam Lake. NPS recommendations for water quality are therefore tied to the recommendations in the Clam Lake-Clam River HUC12, as well as protecting and restoring adjacent riparian and wetland areas along the Clam River downstream of Clam Lake. Hay Creek-Saint Croix River HUC12 (070300011202) This HUC12 is ranked by the state for ecological health in the top third of 36 HUC12s identified as the top 30% healthiest watersheds within the St. Croix HUC6 (includes Upper and Lower St. Croix HUC8s). It is specifically noted by WIDNR for its high-quality rivers, including the St. Croix River. The St. Croix River in this location is classified as an Outstanding Resource Water and as an Exceptional Resource Water. The entire river is also a national wild and scenic waterway as designated by the National Park Service. Tribal water quality monitoring shows low phosphorus levels compared to other monitored rivers. Within tribal lands, NPS activities for this HUC12 are focused on protection, mainly protecting existing wetland/riparian areas, limiting timbering and removal of streamside vegetation, and limiting agriculture/development near the river. Straight River HUC12 (070300050702) The Straight River HUC12 includes two tribal waterbodies: Big Round Lake and Straight River. Big Round Lake is impacted from loss of lakeside habitat; over 75% of its lakeshore is developed. St. Croix lands are located on the northeast corner of the lake. Algal blooms occur at Big Round Lake annually, and were observationally getting worse in spread as of 2019 per tribal information. Internal phosphorus loading is suspected to be an issue at Big Round Lake, and alum has been discussed as a treatment with the surrounding lake associations. Small, remnant crops of wild rice are located on and adjacent to the tribal lands on the northeast shore. Given the level of lakeside development, it may be difficult to restore additional wild rice populations, but the tribe is interested in preserving existing wild rice populations. In addition to wild rice, tribal members spear and fish Big Round Lake and the lake is known for its waterfowl habitat. The lake is currently not attaining its state Fish and Aquatic Life or Recreational uses due to 12 | P a g e algal blooms and eutrophication. A long-term NPS-focused lake management plan is recommended to directly address the legacy phosphorus in the lake sediments and manage the lakeshore to minimize further nutrient and sediment inputs.The Tribe will need to work with adjacent landowners and lake associations to collaborate on the management plan. The Straight River, in contrast, is listed by WIDNR as a trout water and is in attainment of its Cold Water Fish and Aquatic Life use, but despite being overall a high-quality river, the river in this location is likely heavily influenced by the excess phosphorus in Big Round Lake. NPS recommendations to improve water quality are therefore tied to the recommendations for Big Round Lake, as well as protecting and restoring adjacent riparian and wetland areas along the Straight River upstream of Big Round Lake. 2.3 Tribal Authority for Implementing the NPS Management Program The legal authority for the administration of the St. Croix Chippewa NPS Management Program is based on a June 18, 1934 decision under the Indian Reorganization Act that established lands and a legal federal tribal status for the St. Croix Chippewa Indians of Wisconsin. The Tribe adopted a Constitution and Bylaws on August 29, 1942, which was approved by the Commissioner of Indian Affairs on November 12, 1942. Article II, Section 2 of the Constitution and By-Laws of the St. Croix Chippewa Indians of Wisconsin reads: The jurisdiction of the St. Croix Chippewa Indians of Wisconsin shall extend to all the land and water areas within the territory of the Tribe and, further, for the purpose of exercising and regulating the exercise of rights to hunt, fish, trap, gather wild rice and other usual rights of occupancy, such jurisdiction shall extend to all lands and waters described in treaties to which the Tribe was a party, which treaties provide for such rights. The St. Croix Chippewa NPS Management Program will be administered by the Environmental and Natural Resources Department (ENRD). The ENRD has been managing the tribal Section 106 program since 1996 and is responsible for managing the following tribal programs: ● ● ● ● ● ● Surface water quality monitoring Indoor air quality monitoring Walleye and sturgeon restoration Wild rice management Recycling Examining lands potentially containing hazardous substances They also oversee the tribal General Assistance Program and management of tribal Geographic Information Systems (GIS) data, which help inform watershed-based planning and implementation. There is no specific tribal ordinance related to nonpoint source management; however, tribal documents that help guide decisions on nonpoint pollution management issues include: 13 | P a g e ● ● ● St. Croix Reservation Natural Resources Code Quality Assurance Project Plan (QAPP) for Surface Water Quality Assessment 20232028 (updated every 5 years) St. Croix Chippewa Indians of Wisconsin Tribal Water Monitoring Strategy 2021-2026 (updated every five years) 14 | P a g e 3 NPS Management Plan Implementation This section describes how the St. Croix Chippewa intends to implement the NPS Management Plan, including the structure of implementation within the context of the existing tribal government, monitoring and assessment activities, and anticipated partnerships with nontribal partners. As described in Section 2.2, the Tribe will focus activities in priority HUC12 watersheds on trust lands during the first five years, dependent on staff and funding availability. Where appropriate, nontribal partnerships would allow for implementation of NPS control measures outside of St. Croix trust lands. The St. Croix Chippewa are looking to implement projects to improve or protect water quality on tribal waters such as the installation of Best Management Practices (BMPs); road culvert replacements; comprehensive forestry management, stormwater management; riparian/wetland restoration and projects to improve habitat for biological communities like fish and wild rice. As part of their NPS program, the St. Croix are planning to implement a total phosphorus reduction practice by August 2027 following recommendations and information gathered during the St. Croix Assessment Report development process. This is described in more detail in Section 4, Management Program Summary. 3.1 Implementing the NPS Management Program with St. Croix Tribal Governance The St. Croix Environmental and Natural Resources Department will have primary responsibility for implementation and administration of the NPS Management Program. Several other St. Croix departments will support this work in their respective areas such as Communications, Intergovernmental Affairs, Grants, and Roads. Open communication and cooperation across tribal departments and divisions will be essential during the implementation process. The ENRD plans to hire additional staff to assist with NPS program implementation and coordination across tribal departments and programs. Table 2: Anticipated tribal entities involved in implementation of the Tribal NPS Management Program Tribal Department Description Environmental and Natural Resources Primary responsibility for implementation and administration of the NPS Department Management Program. Tribal Communications Department Responsible for positive, consistent messaging and strategies involving policies and procedures, narratives, and public relations between the Tribal government departments, clients, employees, and funding agencies. Assist with public outreach and comment for NPS planning purposes. 15 | P a g e Tribal Intergovernmental Affairs Department Consultation, coordination, and collaboration with government partners and agencies on a municipal, county, state, and federal level. Work to support and preserve government-to-government relationships and enhance access to programs and services available to the St. Croix Tribe, tribal organizations, tribal programs, and community members. Tribal Grants Department Works with tribal departments, program directors, staff, and community members to plan program initiatives, design projects, and identify funding opportunities. Assist programs with grants administration and help insure grant compliance. Tribal Roads Department Oversees the maintenance, construction, and safety of the roads that reside in the St. Croix Tribal reservation communities. Work with neighboring municipalities, county, and state agencies and the federal government to provide St. Croix communities with safe, passable, and well-maintained roads. 3.2 Existing Tribal Plans, Ordinances, & Policies The St. Croix have been involved with several existing planning and policy efforts which have supported ongoing tribal water quality work, and which will continue to support NPS Management Program implementation. This work has been supported financially by the St. Croix and partnerships and funding from governmental programs. Examples of planning efforts and policies include: ● Water-resources-related information for the St. Croix Reservation and vicinity, Wisconsin ● St. Croix Chippewa Indians of Wisconsin CPRG Priority Climate Action Plan ● Feasibility Study for Biomass Electrical Generation on Tribal Lands ● St. Croix Forest Inventory, Planning, and Climate Change Susceptibility Project ● Natural Resources Code ● Brownfields Rehabilitation Ordinance ● Off-Reservation Conservation Code ● Solid Waste Management and Recycling Ordinance ● Water and Wastewater Utility Ordinance 3.3 Key Partners for NPS Program Implementation The St. Croix Chippewa intends to collaborate with multiple local, state and federal partners to help address sources of NPS pollution. Collaboration will provide technical assistance, aid in education and outreach efforts, implement demonstration projects and possibly provide financial assistance to promote implementation as identified in Section 3.4. The nature of this collaboration may depend on the NPS category, the type of BMP, and the geographic location targeted for implementation. Table 2 presents the participants, the mission of each agency, and their potential roles in NPS Program implementation. Core participants in program implementation are highlighted. 16 | P a g e Table 3: Partners, Mission and role in BMP selection for Tribal trust lands Partner Mission Role in BMP selection St. Croix Chippewa Indians of Wisconsin Tribal Council Legislative and Executive Branch of the St. Croix Chippewa government Make and enact laws, including codes, ordinances, resolutions and statutes related to Tribe's lands, interests in lands, management of those lands. Regulate activities on lands within Tribal jurisdiction. Authorize expenditures by law and appropriate funds Environmental and Natural Resources Department (ENRD) Responsible for the development of expansion, management, and protection of environmental resources on Tribal lands Lead role in BMP selection, implementation, and coordination Tribal Communications Promote positive, consistent messaging and strategies involving policies and procedures, Spearhead public outreach and narratives, and public relations communication on NPS issues and projects between the Tribal government departments, clients, employees, and funding agencies Tribal Intergovernmental Affairs Department Consultation, coordination, and collaboration with government partners and agencies on a municipal, county, state, and federal level. Work to support and Facilitate communication with federal agencies on NPS issues and preserve intergovernmental relationships and enhance access implementation to programs and services available to the St. Croix Tribe, tribal organizations, tribal programs, and community members Works with tribal departments, program directors, staff, and community members to plan program initiatives, design projects, Assist with NPS project funding Tribal Grants Department and identify funding opportunities. Assist programs with grants administration and help insure grant compliance 17 | P a g e Oversight of the maintenance, construction, and safety of the roads that reside in the St. Croix Tribal reservation communities. Work with neighboring Tribal Roads Department municipalities, county, and state agencies and the federal government to provide St. Croix communities with safe, passable, and well-maintained roads Coordinate with ENRD on NPS best practices during road projects NGO, Local, State, Federal Partners WI Tribal Conservation Advisory Council (WTCAC) Provide a forum for the 11 Native American Tribes in Wisconsin to identify and solve natural resource issues on tribal lands. Environmental nonprofits and foundations (i.e., Nature Conservancy, Various conservation efforts and Sauk Prairie funding programs provided at Conservation Alliance, national, state, and local level Valley Stewardship Network, Wisconsin Wetlands Association) Technical assistance with identification of resource concerns and selection of BMPs; BMP engineering services and oversight during construction Partner in NPS Program implementation as needed and potential source of funding, technical expertise and support Towns, Cities and Townships Local environmental, land, health and road management departments serving St. Croix communities. Partner in BMP selection, land-use planning, stormwater management and other urban area activities County Land Conservation and Highway Departments Develop strategies, implement programs, and provide technical assistance related to land and infrastructure Partner in watershed planning, BMP selection and implementation; provide costsharing for conservation practices. Technical assistance and support related to highway infrastructure WI Dept. of Transportation Provide safe and effective transportation infrastructure Technical assistance, partner in BMP selection and ROW management WI Dept. of Natural Resources Assist tribes with water resources issues Partner in watershed planning, technical and financial assistance, water quality monitoring technical assistance Bureau of Indian Affairs Maintain government to government relationships with Tribes Technical assistance and provide funding for BMP installation U.S. Environmental Protection Agency (USEPA), Region 5 Administers the Section 319 Nonpoint Source Management program Partner in watershed planning, technical assistance, BMP selection, funding for BMP installation, stormwater management U.S. Army Corps of Engineers (USACE) Assist tribes with water resources issues BMP selection and implementation, permitting, funding, technical assistance 18 | P a g e USDA-NRCS Deliver conservation solutions so agricultural producers can protect natural resources and feed a growing world. Partner in identifying resource concerns, BMP selection and implementation; provide cost-sharing for conservation practices U.S. Fish and Wildlife Service Provide assistance for programs related to fish and wildlife resources. Technical and financial assistance, permitting/review for T&E species, BMP selection for fish passage 3.4 NPS Funding Sources The following sources of funding may be used to assist the NPS Management Program with meeting the identified goals and objectives under this plan and future efforts: ● USEPA CWA Section 106 grants ● USEPA CWA Section 319 (competitive and non-competitive grants) ● USEPA Wetland Program Development Grants (WPDGs) ● CWA Tribal Set-Aside Program, Wastewater Infrastructure ● USEPA Environmental Education grants ● USEPA Clean Water State Revolving Fund Program (CWSRF) grants ● U.S. Fish and Wildlife Service (USFWS) North American Wetlands Conservation Act: U.S. Standard grants ● USFWS Tribal Wildlife grants ● NRCS Environmental Quality Incentives Program (EQIP) ● NRCS Conservation Stewardship Program (CSP) ● NRCS Healthy Forests Reserve Program ● Farm Service Agency Conservation Reserve Program (CRP) ● Farm Service Agency Conservation Reserve Enhancement Program (CREP) This list is not comprehensive, and other sources of funding may also be used as they are identified or become available. Additional information on funding sources and associated programs can be found in the St. Croix Chippewa Indians of Wisconsin NPS Assessment Report Section 8 Existing NPS Control Programs (p. 73). 3.5 NPS Management Program Monitoring & Assessment The St. Croix Chippewa Indians of Wisconsin are striving to assess, protect, and restore water quality within and adjacent to the St. Croix Reservation and territory. It is the goal of the St. Croix to reestablish waters of the reservation to more closely resemble pre-European settlement conditions. Non-point sources in the watershed continue to release pollutants into the tributaries and the lakes, and changes in forestry practices and agriculture are priority water quality concerns. Tribal leaders and members are keenly interested in assessing on a continuing basis the impacts of these pollutants and the chemical and biological quality of the waters. The St. Croix NPS Assessment Report indicates where some NPS pollution problems occur, but additional monitoring and assessment is needed to further assess waterbodies using methodology in alignment with other stakeholders such as the WIDNR. The St. Croix need 19 | P a g e continuing information regarding water quality conditions of the reservation and the surrounding territory to identify trends within the reservation and determine if they support the needs of the tribal community. Currently, the St. Croix is rotationally monitoring four lakes and four river sections per year between three different counties, and their Section 106 budget has either remained static or decreased over the past 26 years. More funding is sorely needed to boost staffing and time to increase monitoring frequency and locations. Due to the high number of water bodies associated with St. Croix lands and lack of program funding, the Tribe is limited in the number of water bodies that can feasibly be monitored each year. Additional water quality monitoring at existing sites on a more frequent basis and the addition of more robust biological monitoring is needed to assess the effectiveness of the NPS Management Program and focus future implementation activities in priority areas. General monitoring will continue using CWA Section 106 funds, but increased frequency and the addition of parameters will require additional sources of funding. Monitoring and assessment under the NPS Program will also assist with refinement and/or development of water quality goals and threshold with which to assess and track the condition of tribal waters. This will support the development of federally approved water quality standards for St. Croix waters. Once final water quality standards have been approved, CWA Section 319 program funds would be directed to project monitoring and assessment to determine impairments against approved standards; determine BMP effectiveness; and to assist with prioritization of NPS Program activities. Funding plays a crucial role in the ENRD’s ability to monitor, assess and manage resources associated with Tribal land. Currently, all water quality monitoring is funded by the 106 Program which has severely limited monitoring activities. Continued reliance on outside sources of funding (including CWA Section 106) for NPS Management Program implementation is expected. Table 3 provides an overview of the St. Croix NPS Management Program monitoring and assessment activities planned. Table 4: NPS Management Program monitoring and assessment activities Activity Frequency Continuing and Expanding WQ Monitoring Annually Review and Update Program Priorities Annually Monitoring Effectiveness of BMPs Project and Site Specific Assessment of WQ data against goals and thresholds Every 5 years Review and Revise NPS Management Program Every 5 years 20 | P a g e 3.6 NPS Management Program Coordinating & Reporting The St. Croix ENRD will be primarily responsible for coordinating NPS program implementation between various Tribal departments and non-tribal partners. Staff responsibilities will be to develop a tracking and reporting approach that involves relevant Tribal departments with a role in program implementation. ENRD’s current effort documenting water quality monitoring and delineated wetlands will be expanded to include NPS implementation activities along with documentation of spatial data in the St. Croix GIS including locations of existing and proposed BMPs. In addition, the tribe will, for the purposes of consistency of this Nonpoint Source Program, review other federally funded projects (such as individual assistance applications or development projects) which the Tribe intends to implement to ensure those projects are consistent with the program. 21 | P a g e 4 Management Program Summary Non-point sources in the watershed continue to release pollutants into the tributaries and the lakes, and changes in forestry practices and agriculture are priority water quality concerns. Tribal members utilize water resources for everyday needs including recreation, cultural practices and as a source of food, particularly Manoomin (wild rice, Zizia palustrus) and Ogaa (walleye, Sander vitreus). Water quality in St. Croix territory is primarily affected by Forestry, Agriculture, and Wetland/Riparian Areas NPS categories. Major pollutants of concern within the initial five-year management plan HUC12s are phosphorus and nitrogen (nutrients), which are drivers of algal blooms in lakes, and sediment (turbidity) which degrades lacustrine and riverine habitat. The overall goal of the management program is to control or prevent NPS impacts and improve water quality on St. Croix lands. Goals to increase monitoring sites and frequency, as well as establish water quality standards, ensure that the Tribe can effectively observe water quality trends and ensure that all water sources meet water quality standards for their designated uses. The nonpoint source pollution management program, in conjunction with other St. Croix programs will contribute to this objective. General program milestones are listed below. Table 5: General program milestones Activity* Frequency/End Year Submit NPS Assessment Report to USEPA 2026 Submit Management Program to USEPA 2026 Submit application for Treatment as a State for CWA Section 319 2026 Propose NPS Management Plan to Tribal Council 2026 Implement phosphorus reduction BMP 2027 Update management program as needed and review with ENRD and Tribal Council Annually Submit annual status reports to USEPA Annually ENRD review projects and overall program and set priorities for next fiscal year Annually Incorporate priorities into work plan for NPS program and submit to funding agencies 2026 and beyond *Completion of nonpoint source activities will be contingent on program funding. The St. Croix Chippewa Assessment Report lists categories of nonpoint source pollution that have been confirmed or are potential sources, as shown in the below table. The specific management programs for these categories will focus on prioritizing locations of NPS, identifying appropriate BMPs, and implementing BMP demonstration projects. If the NPS impairment source is not within Tribal lands, implementation will only occur within the watershed 22 | P a g e with nexus to Tribal waters. The following considerations will be used in making final management decisions regarding priorities and BMPs: ● ● ● Severity of pollution problem and extent of impairment of beneficial uses Potential for effectively addressing the pollution problem, given technical and financial constraints (i.e., optimizing economic benefits) Public participation and landowner cooperativeness Table 6: Categories of NPS and their applicability to the St. Croix Chippewa NPS issue in St. Croix Trust Waters EPA NPS Category Confirmed Impairment Possible (using Source visual Primarily From documentation) Nontribal Land Forestry Erosion from logged areas X Removal of streamside vegetation Forest management planning X X Culverts X Logging road construction/maintenance X Wetland/Riparian Areas Wetland quality assessment X Protection of high-quality riparian & wetland areas X Increase riparian buffer quality and size X Degradation of shoreline & streambank habitat X Agriculture Row cropping X X Grazing sources X X Urban Areas Shoreline development X Stormwater runoff from impervious surfaces X Erosion & Sedimentation X X 23 | P a g e 4.1 BMP Selection As the St. Croix NPS Management Program will be the primary responsibility of the ENRD, they are expected to lead the activities identified in this section, sometimes sharing that responsibility with relevant ENRD departments and programs. Coordination with non-tribal partners and other tribal divisions will occur as needed. The St. Croix will make every attempt to leverage existing planning efforts and funding for implementation activities. ENRD also recognizes that additional assessments, inventories, partnership development, and outreach activities are essential first steps to addressing NPS pollution within the timeframe of this NPS Management Plan. The St. Croix will undertake the following process for evaluating and selecting BMPs to address NPS pollution. The Tribe will coordinate with the agencies listed below in Section 3.3 as well as interface with the public in order to select target BMPs. The process to select BMPs include: ● ● ● ● ● ● Review monitoring data, recent watershed planning work, and other resources and use best professional judgment for determining which locations will be areas of initial focus. Consult with tribal partners regarding prioritization list, key NPS pollutants, relative magnitude of pollutants in each subwatershed, and opportunities for implementation. Identify applicable BMPs appropriate for the type and source of NPS pollution, with the technical assistance and consultation of partners. Narrow and rank the list of applicable BMPs using evaluation factors of estimated performance and feasibility. Identify BMPs that have the potential for collaborative, coordinated implementation with key partners. Pursue funding for approved suite of BMPs with tribal council, tribal member, and public support. Education and outreach activities are also priorities for the St. Croix NPS Management Program in order to protect and improve the many high-quality resources of the St. Croix (Table 4). Education is needed that focuses on the effects of NPS pollution, the necessary changes in behavior to reduce NPS pollution, and the wide array of benefits generated through BMP implementation. The ENRD will collaborate with the Tribal Communications Department to develop and implement education and outreach strategies. The BMPs presented under each NPS category will be successful when key stakeholders are educated and motivated to change NPS-related behavior. Table 7: NPS education and outreach activities Activity Target Audience Develop and conduct tribal staff training on general NPS pollution St. Croix staff, various Depts/Divisions Collaboration with outside agencies on agriculture NPS and BMP education training (cover crops, no-till, buffers, grassed waterways, highly erodible land, nutrient mgmt) Agricultural landowners within target HUC12s 24 | P a g e Land Management NPS and BMP education training (forestry, erosion BMPs, soil and erosion control, native plantings) St. Croix staff and tribal landowners Wetland/Riparian NPS and BMP (wetland disturbance avoidance & minimization, protecting buffers, restoration of degraded habitat) Tribal landowners, members, and adjacent nontribal communities and associations The following sections provide details on the goals, objectives, and activities that will address the NPS categories in this document and in the NPS Assessment Report. Lead entities, partners, and suggested locations are also identified. As the St. Croix NPS Management Program will be the primary responsibility of the ENRD, they are expected to lead the activities identified in this section, sometimes sharing that responsibility with relevant Tribal departments and programs. Non-tribal partners and other tribal divisions will be consulted as needed. In addition to the Tribal guidance described earlier, regional, state, and federal guidance exists to help select BMPs. Current examples include the NRCS’s Wisconsin-specific Field Office Technical Guide, the Forest Service Manual, and the USEPA Tribal Water and Natural Resources Conservation Guide. Forestry Deciduous forest and woody wetlands comprise the majority of St. Croix forested lands, with mixed forest and evergreen forest making up smaller percentages for a total of 69.5% forested cover. Timbering activities have historically been restricted by the Tribe; however, recent mass tree clearing due to storm damage has raised concerns about the need for planned forestry management on Tribal lands, particularly in ways that minimize NPS pollution. Forest harvest and management activities can increase stream temperatures, bank erosion, siltation and sedimentation of surface waters, and damage nearby vegetation. Impacts from forestry are most significant along forest roads and in areas near sensitive ecosystems and important resources. Construction, maintenance, and heavy use on forest roads can result in erosion, sedimentation, removal of vegetation, and soil compaction. Harvesting practices can reduce shade provided to aquatic habitats, which often leads to increased water temperatures, impacted food sources, and other negative impacts to aquatic species and habitats (USEPA 2022). Seasonal ponds and wetlands are especially sensitive to these impacts. Soil compaction along forest roads can disturb fragile roadside wetland ecosystems, leading to increased overland flows and greater erosional potential and sedimentation of waterbodies. Improper management of forested areas can also impact groundwater quality and quantity. The St. Croix’s long-term goal is to minimize the NPS pollutant contributions from managed forest associated with Tribal lands by reducing potential sources of sediment and nutrients to nearby waters. Near-term objectives and activities are presented below. 25 | P a g e Table 8: Near-term objectives and activities Forestry NPS category Activity Lead Suggested Effectiveness Partners Entities Location Measure Funding Objective 1: Identify and restore cleared areas. Inventory and map problem areas with erosion Restore cleared areas to native forest ENRD ENRD N/A Locations that Mapped and were logged inventoried GIS WIDNR, EPA, from past layer of extent CWA Sec 319 storm events of logged areas Areal cover of Locations that restored EPA, CWA Sec WIDNR, were logged location, 319, USFS, NRCS from past quantity and USDA-NRCS storm events type of planted species Objective 2: Develop forest management plan. Develop forest management plan for St. Croix lands ENRD Tribal Council All tribal lands, initial focus on HUC12 priority watersheds Approved forest EPA, CWA Sec management 319, USFS plan Wetland/Riparian Areas Many waterbodies within or with a nexus to St. Croix lands are considered high quality, both in their biological and physical characteristics as well as their cultural importance. The protection and restoration of wild rice as well as the maintenance of fisheries are essential foundations of St. Croix Chippewa life. Degradation of lakeshore and stream habitat and excessive nutrient and sediment loading to high quality and/or culturally important waterbodies are priority concerns for the Tribe. Some waterbodies such as Gaslyn Lake, Gaslyn Creek, Loon Creek, Sand Creek, and the St. Croix River are high quality and benefit from very low population and high percentages of riparian cover in their HUC12s. These areas should be prioritized for protection of existing riparian and wetland areas. Others like Big Sand Lake, Clam River, and Yellow River are still high quality but have noted issues related to lakeshore erosion (Big Sand Lake), loss of historical wild rice areas (Big Sand Lake), and monitored increases in nutrient loading (Yellow River, Clam River). These areas should be examined for potential nutrient and sediment reduction BMP implementation as their water quality may be degrading. Clam Lake and Big Round Lake are both listed in nonattainment of their state water quality criteria due to eutrophication (nutrient loading) and algal blooms. Implementation of lake management plans, restoration of shoreline habitat, and protection of existing good habitat are recommended activities under this NPS category. Coordination with nontribal landowners and associations on management plans will be necessary for successful long-term implementation. 26 | P a g e The St. Croix’s long-term goal for the Wetland/Riparian Areas NPS category is to restore and protect hydrologic and habitat conditions to reduce sediment and nutrient loading and improve/maintain water quality, especially with regards to wild rice and fisheries. Table 9: Near-term objectives and activities Wetland/Riparian Areas NPS category Activity Lead Entities Partners Suggested Location Effectiveness Measure Funding Objective 1: Assess, characterize, and rank wetland/riparian areas and key waterbodies. Complete lakeshore & streambank erosion inventory for tribal ENRD surface waters within HUC12 priority watersheds WTCAC, USDA-NRCS, WIDNR, County LCDs Completed field inventory with streambank erosion HUC12 priority sites mapped and watersheds incorporated into tribal GIS with bank erosion values Complete inventory of wild rice populations Nontribal lake associations, WIDNR Completed field All tribal lands, inventory with wild rice CWA Sec initial focus on populations mapped for 106, 319, HUC12 priority coverage and density WTCAC watersheds in tribal GIS ENRD CWA Sec 106, 319, WTCAC Objective 2: Protect existing high-quality water resources. Identify existing buffers or lack of buffers ENRD adjacent to HCN streams and wetlands. Completed GIS All tribal lands, USDA-NRCS, assessment of stream initial focus on County LCDs., buffers on tribal lands HUC12 priority WTCAC in HUC12 priority watersheds watersheds. CWA Sec 106, 319 Objective 3: Restore degraded or degrading water resources. Implement phosphorus load reduction BMP (BMP selection will be ENRD driven by selected watershed for implementation) USDA-NRCS, County LCDs., WTCAC, HUC12 priority NGOs, watershed USFWS, ACOE Successfully implemented phosphorus reduction BMP CWA Sec 319 Agriculture Agricultural uses, including cultivated row crops and hay or pasture, make up approximately 4% of the St. Croix lands. While it is a relatively small overall coverage of St. Croix land, agriculture 27 | P a g e is a priority NPS focal area for tribal members due to the potential for nutrient and sediment loading, including from nontribal sources. NPS pollution sources in these watersheds include runoff from row crop agricultural fields and barnyards, and overgrazing or poor grazing practices such as lack of exclusionary fencing on stream corridors. These sources contribute to high levels of sedimentation, nutrient loading and bacteria levels that are exacerbated by extreme runoff events and have the potential to contribute pesticides including herbicides, insecticide and fungicides. These pollutants are conveyed to surface waters through overland flow in these watersheds and are primarily from upstream nontribal sources. As such, short-term activities will involve coordination with local partner agencies on education and outreach to non-tribal landowners in priority watersheds as resources allow. This activity is identified in the Education and Outreach activities in Table 10. 4.2 Schedule for BMP Implementation The initial five years of the St. Croix NPS Management Program will focus on conducting inventories and assessments, strengthening partnerships and collaboration between tribal departments and non-tribal partners, and implementation of a demonstration phosphorus reduction BMP. Inventories and assessments are expected to be implemented within the first 5 years for all NPS categories in order to determine direction for future work, education, implementation of projects where and when funding permits and continuation of water monitoring. The St. Croix and their local implementation partners will work with an adaptive management approach in mind, sampling from the CWA Section 106 monitoring program will serve as a basis for assessing improvements in water quality and will also serve as the basis for the need for additional implementation activities in the future. During Year 5 of the NPS Management Program, NPS Program staff will work with tribal and non-tribal partners to conduct a comprehensive review of the overall program and will adjust where needed. Table 10: Near-term BMP implementation schedule by NPS category BMP/Activity NPS Management Program Year Year Year Year Year Year 1 2 3 4 5 NPS Education and Outreach Activities Develop and conduct tribal staff training on general NPS pollution X Collaboration with outside agencies on agriculture NPS and BMP education training (cover crops, no-till, buffers, grassed waterways, highly erodible land, nutrient mgmt) Land Management NPS and BMP education training (forestry, erosion BMPs, soil and erosion control, native plantings) Wetland/Riparian NPS and BMP (wetland disturbance avoidance & minimization, protecting buffers, restoration of degraded habitat) X X X 28 | P a g e NPS Category Forestry Objective 1: Identify and restore cleared areas. X Inventory and map cleared areas with erosion X Restore cleared areas to native forest X X X X X X Objective 2: Develop forest management plan. X Develop forest management plan for St. Croix lands X NPS Category Wetland/Riparian Areas Objective 1: Assess, characterize, and rank wetland/riparian areas and key waterbodies. Complete lakeshore & streambank erosion inventory for tribal surface waters within HUC12 priority watersheds Complete inventory of wild rice populations X X X X X X X X X Objective 2: Protect existing high-quality water resources. Identify existing buffers or lack of buffers adjacent to St. Croix streams and wetlands. Objective 3: Restore degraded or degrading water resources. X Implement phosphorus load reduction BMP Long-term Implementation The St. Croix have proposed additional NPS activities for Wetland/Riparian Areas that they wish to pursue in the long-term. These and other long-term activities will be evaluated, updated if needed, and integrated into the near-term schedule as other near-term activities are completed. Table 11: Proposed long-term implementation activities NPS Category Wetland/Riparian Areas Activity Lead Entities Partners Suggested Location Effectiveness Measure Funding Objective 1: Assess, characterize, and rank wetland/riparian areas and key waterbodies. Develop tribal water quality standards ENRD Perform comprehensive ENRD bioassessment of streams and lakes WIDNR, Tribal Council All tribal lands, initial focus on HUC12 priority watersheds Adoption of tribal water quality standards WIDNR All tribal lands, initial focus on HUC12 priority watersheds Regular programmatic monitoring for CWA Sec macroinvertebrates, fish 106, 319, species, and aquatic USEPA plants CWA Sec 106, 319, USEPA 29 | P a g e Perform comprehensive wetland monitoring ENRD Develop lake management ENRD plans for nonattaining lakes Baseline wetland quality monitoring performed on all delineated tribal wetlands CWA Sec 106, 319, WTCAC, USEPA N/A Delineated tribal wetlands Nontribal lake associations, Tribal Council, WIDNR WIDNR, EPA, CWA Approved 9 Key Element Clam Lake, Big Sec 319, NPS lake management Round Lake USEPA, plan for Clam Lake WTCAC, USDA-NRCS Objective 2: Protect existing high-quality water resources. Enact riparian and wetland protection ENRD legislation on tribal lands Tribal Council All tribal lands, initial focus on HUC12 priority watersheds Passed legislation CWA Sec protecting riparian areas 106, 319, and wetlands on tribal WTCAC lands 5 Public Notice & Comment The St. Croix will be conducting public notice concurrently with the USEPA Regional review of the NPS Management Plan. The draft Management Plan and the Tribe’s Attorney Certification for CWA Section 319 Eligibility (Appendix A) will be posted on the St. Croix website for at least 30 days for members to review and provide comments. Comments received will be incorporated into a response document and provided to USEPA. 30 | P a g e 6 References Bloomquist, Jeremy, 2021. St. Croix Chippewa Indians of Wisconsin Tribal Water Quality Monitoring Strategy 20212026. Saad, D.A., and Robertson, D.M., 2000. Water-resources-related information for the St. Croix Reservation and vicinity, Wisconsin: U.S. Geological Survey Water-Resources Investigations Report 2000-4133, v, 65 p., https://doi.org/10.3133/wri004133. St. Croix Chippewa Indians of Wisconsin, 2024. St. Croix Chippewa Indians of Wisconsin CPRG Priority Climate Action Plan (PCAP). Prepared under the U.S. EPA Climate Pollution Reduction Grant Program. St. Croix Chippewa Indians of Wisconsin, 2026. Nonpoint Source Assessment Report. St. Croix Chippewa Indians of Wisconsin, 2023. Revised Constitution and By-Laws of the St. Croix Chippewa Indians of Wisconsin. Available online at https://stcroixojibwe-nsn.gov/government/constitution/. St. Croix Chippewa Indians of Wisconsin, 2026. Various codes and ordinances. Accessed online at https://stcroixojibwe-nsn.gov/government/judiciary/codes/. St. Croix Environmental and Natural Resources Department, 2023. Quality Assurance Project Plan (QAPP) for Surface Water Quality Assessment, 2023-2028. St. Croix Tribal Council – St. Croix Chippewa Indians of Wisconsin, 2003-2005. Feasibility Study for Biomass Electrical Generation on Tribal Lands. DOE Award DE-FG36-02GO1321, A000. USDA (U.S. Department of Agriculture) Natural Resources Conservation Service. 2002. Wisconsin Field Office Technical Guide. Available online at https://www.nrcs.usda.gov/resources/guides-and-instructions/wisconsinengineering-resources. USEPA (U.S. Environmental Protection Agency). 2010. Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 319 of the Clean Water Act. (EPA 841-B-10-001). USEPA (U.S. Environmental Protection Agency). 2022a. Types of Nonpoint Source Pollution. Available online at https://www.epa.gov/nps/types-nonpoint-source-pollution. USEPA (U.S. Environmental Protection Agency) Office of Water. Office of Wastewater Management. 2006. Final Guidance on Awards of Grants to Indian Tribes under Section 106 of the Clean Water Act for Fiscal Years 2007 and Beyond. EPA 832-R-06-003. USEPA (U.S. Environmental Protection Agency). 2024. Tribal Water and Natural Resources Conservation Guide. Available online at https://www.epa.gov/nps/tribal-water-and-natural-resources-conservation-guide. WDNR (Wisconsin Department of Natural Resources). Wisconsin’s Nutrient Loss Reduction Strategy. Available online at https://dnr.wisconsin.gov/topic/SurfaceWater/NutrientStrategy.html. WDNR (Wisconsin Department of Natural Resources) Division of Forestry. 2009. Wisconsin’s Forestry Best Management Practices for Invasive Species. PUB FR-444-2009. Available online at https://councilonforestry.wi.gov/Pages/InvasiveSpecies/Forestry.aspx. WDNR (Wisconsin Department of Natural Resources) Division of Forestry. 2010. Wisconsin’s Forestry Best Management Practices for Water Quality Field Manual. PUB FR-093 2010. Available online at https://dnr.wisconsin.gov/topic/forestmanagement/bmp 31 | P a g e Appendix A: Attorney Certification for CWA Section 319 Eligibility 32 | P a g e St. Croix Chippewa Indians of Wisconsin 4264 Admin Road • Webster, WI 54893 • (715) 349-2195 •Fax (715) 349-5768 June 23, 2026 Anne Vogel, Regional Administrator U. S. Environmental Protection Agency, Region 5 77 West Jackson Boulevard Chicago, IL 60604 RE: St. Croix Chippewa Indians of Wisconsin Attorney Certification for Section 319(b)(2)(D) of the Clean Water Act Dear Administrator Vogel: Please accept this letter as the attorney certification required by the Clean Water Act (“CWA”) Section 319(b)(2)(D) in connection with the St. Croix Chippewa Indians of Wisconsin (the “Tribe”) for determination of eligibility to participate in programs under CWA Section 319. I am the Assistant General Counsel for the Tribe and have worked with the Tribe since May 2018. The Tribal Council is the duly elected governing body in accordance with Article IV of the Tribe’s Revised Constitution and By-Laws. These authorities are adequate to implement such management programs as provided in CWA section 319 and implementing regulations. Please do not hesitate to contact me at my contact information below if you require any additional information. Sincerely, Ashley Duffy Assistant General Counsel WI #1101496 MN# 0506335 St. Croix Chippewa Indians of Wisconsin 4264 Admin Road Webster, 54893 715-349-2195 aduffy@stcroixojibwe-nsn.gov Conrad St. John Chairman Big Sand Lake Richard Benjamin Vice-Chairman Danbury Leslie Billy Secretary/Treasurer Big Sand Lake Thomas Fowler Representative Maple Plain Lester Merrill Representative Round Lake 33 | P a g e --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Ast_croix_chippewa%3Ac70daf1b178ed43f. Public record. Not legal advice.