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WASHINGTON – U.S. Senator Kevin Cramer (R-ND) outlined the ongoing problems with Fish and Wildlife Service (FWS) enforcement of Waterfowl Protection Area (WPA) Easements with Shannon Estenoz, President Biden’s nominee to be Assistant Secretary of Fish and Wildlife and Parks at the Department of Interior, during a Senate Environment and Public Works (EPW) Committee hearing on her nomination today. Senator Cramer began by discussing the history of North Dakota’s prairie pothole landscape.
“I’m from North Dakota, and we’re a big prairie pothole state. Potholes and prairies everywhere. One of the reasons we have so many potholes and wetlands is, unlike many of the prairie-pothole region states, our farmers didn’t drain when everybody else was draining,” said Senator Cramer. “Consequently, they’ve been punished for their good behavior on a regular basis by - I’m sure - well-intentioned bureaucrats over the years. One of the programs I’ve been most frustrated with, and it would be under your jurisdiction should you be confirmed, is the Waterfowl Production Areas.”
The senator focused on one example of poor mapping by FWS, holding up a drone picture of an easement taken during a visit by President Trump’s FWS Director which he hosted last year.
“One of the definitions for the easement from pre-1976 says ‘large bodies of surface water including lakes and ponds.’ I’m not a hydrologist, but I’m pretty sure I can see where the lakes and ponds are.”
Senator Cramer then showed the map from FWS which identifies the wetlands for the easement and outlined the discrepancies.
“In the upper right hand quarter is that same large lake, and as you can see, it’s not assessed any acres for the easement … The reason for that in my view is because there’s a cap of acres for the easement and whoever decided that that wasn’t a wetland decided that this 0.15 acres spot is a wetland, this dry spot of 0.14 acres is a wetland, this dry spot of 0.49 acres is a wetland. All of that added up so that the dry land can be considered water for the easement and not attribute any of the real water to the easement. This is called taking, and it’s been legal theft, in my view, by the Fish and Wildlife Service,” said Senator Cramer.
The senator concluded his remarks by noting some progress has been made, though the appeals process appears to have fallen on deaf ears among the bureaucracy, and no appeals to the director have been granted. North Dakota stakeholders sent a letter to the FWS in March regarding this issue which Senator Cramer provided to Mrs. Estenoz and submitted to the official hearing record. Read it here. The senator extended an invitation to Mrs. Estenoz to visit North Dakota and see the issues North Dakotans face in WPA Easement enforcement.
“I am hopeful that you, if confirmed, and the Fish and Wildlife Director, when that person is nominated and confirmed, will take the time to come out and hear from frustrated farmers one more time,” said Senator Cramer.
“I look forward to us getting to know one another and the opportunity to dig into this issue,” responded Mrs. Estenoz. “If I’m confirmed, I pledge that I will be in close contact with you, and if I heard that invitation to come out to North Dakota, I would very much like to take you up on that.”
