Cramer Statement on FWS Reviewing Biden-Era Drain Tile Setbacks Rule

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WASHINGTON, D.C. - The U.S. Fish and Wildlife Service (FWS) issued a Request for Information (RFI) today as it reviews the 2024 Biden-era drain tile setbacks rule. While the 2024 rule promised transparency and consistency for landowners, it did not deliver. North Dakota farmer Cody Peterson filed suit to block the federal government's final rule.

Drain tile systems are a critical tool for producers to reduce excess water and manage soil health using a system of subsurface pipes. The 2024 rule made setback determinations more difficult for landowners, forcing them to rely on case-by-case determinations made by the FWS without disclosing its methodologies for making those determinations.

U.S. Senator Kevin Cramer (R-ND) applauded the RFI and encouraged North Dakota farmers and landowners to provide comments to the FWS.

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"North Dakota landowners and producers are the best stewards of their land," Cramer said. "They have all the right incentives to be better stewards than the government, and they're a lot better at it anyway. The Biden administration rule gave way too much power to the bureaucracy, and the Department of Interior is absolutely correct, and well within their rights and responsibilities to review that old dumb rule.

"This rule needs to respect private property rights," continued Cramer. "It needs to deliver some consistency in regulations, and provide legal safe harbor, which is more important than anything, to our farmers and landowners so they can know the rules and manage their land without fear of criminal prosecution. They should not have to ask permission to do the right thing. We in North Dakota live in the heart of the prairie pothole region. Managing water and crops and wildlife is natural to us because we love all of them.

"I encourage North Dakotans and landowners especially to make their voices heard throughout the public comment period," Cramer concluded. "As I always say, public comment is open for a reason: for the public to comment. Please do. The comments matter in the record. As the Fish and Wildlife Service moves to replace the 2024 rule, make sure your voice is heard by commenting."

The RFI and public comment instructions can be found here.