Peace Garden News

WASHINGTON – U.S. Senator Kevin Cramer (R-ND), during an Environment and Public Works (EPW) Committee hearing, questioned Martha Williams, Director of the U.S. Fish and Wildlife Service (FWS), and urged the agency to work with the local communities to expeditiously fix the dam at Lake Ilo, which the FWS recently drained again this spring.

He also talked about the importance of providing satellite overlay maps of new easements and setting consistent metrics between the FWS and Natural Resources Conservation Service (NRCS) for establishing drain tile setbacks on properties with Waterfowl Production Area easements. Excerpts and full video are below.

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https://www.cramer.senate.gov/imo/media/image/FWS%20Hearing.png

Senator Cramer first outlined the fallout from Lake Ilo’s draining, which area residents must now manage by cleaning up the rotting fish left behind. He also criticized the federal agency’s poor communication with local groups and emphasized the recreation and agricultural use of the water.

“The permanent fix the Service has been working on is expected to be completed in a couple of years. This is a big, immediate problem and I'm pleading with you to work with me. Tell me how I can help you fix this earthen dam sooner than a couple of years from now, because another spring would be really difficult like this. Can we try to work faster?” asked Senator Cramer.

“I am aware of this issue,” replied Director Williams. “My understanding is we are working to get the design complete and understand the need to fix this as quickly as possible. I apologize we haven’t worked well with the community. I know we have tried. I would like to work with you on this and can understand it's very unfortunate.”

The Senator then discussed new Waterfowl Production Area (WPA) easements, many of which do not receive satellite overlay maps, as well as varying drain tile setback requirements due to the often-siloed operations across federal agencies. Ideally, the FWS should adopt the NRCS threshold as the uniform standard.

“What I worry about is not just having a certain high-tech, literal map of an easement, but it further erodes confidence between the landowner and the Service. We would like to get to a 95% certainty standard, which is what the NRCS at USDA has for their easements, rather than the 99% the Service uses. Reconciling all of this will help everybody better understand what they're dealing with,” said Senator Cramer. “What do you know about the satellite maps with the new easements?”

“We have clarified refuge managers, not law enforcement agents, who are responsible for managing easements. We have completed the pre-1976 mapping and appeal process. We have codified for clarity and transportation drain tile setbacks. Now, we're starting this new process. My understanding is we are working to provide those colored satellite photos for the easements. I don’t have the totally up-to-date information, but that was something we are aware of, and it’s a helpful tool we would like to be able to provide,” replied Director Williams.

Senator Cramer briefly reiterated the need to reconcile the 95% and 99% drain tile thresholds. In response, Director Williams confirmed she is “working diligently” to square the discrepancy to align with NRCS.

Background:

On April 27, 2023, the FWS published a proposed rule clarifying drain tile may be installed on lands encumbered by a wetland easement provided that protected wetland areas are not drained, directly or indirectly. The proposed regulations require the Service to establish drain tile setback distances based upon the best available science, soil characteristics, tile diameter, depth of tile below the surface, and topography. This ensures protected wetland areas are not drained.

Additionally, the Service will provide these setback distances to landowners upon request. Landowners who work with the Service and follow their setback instructions are shielded from criminal or civil penalty.

Original source can be found here.