Cramer, FWS Director Nesvik Visit Farmers in Prairie Pothole Region to Assess Impact of Biden-Era FWS Rule

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GUELPH, N.D. - U.S. Senator Kevin Cramer (R-ND) joined U.S. Fish and Wildlife Service (FWS) Director Brian Nesvik on a tour in the heart of prairie pothole territory in Dickey County. Nesvik and his Principal Deputy Tyler Kellogg went to North Dakota at Cramer's request to see the devastating effects of a rule imposed by the Biden administration in 2024, one Cramer says "is nothing short of theft of property." The two walked through fields scarred by saline deposits caused by FWS policies barring water management, as well areas where farmers foster healthy habitat.

The Biden rule was another in a long line of federal betrayals of landowners, many of whom are operating on land encumbered by easements which were not sold or recorded accurately, leading to disputes over easement boundaries. President Biden doubled down on this federal overreach by issuing a rule in 2024, claiming control of massive, arbitrary boundaries around wetlands. The FWS is using this ambiguous Biden rule to assert broader control over private land and agricultural activities, for which it never paid landowners and farmers. In one egregious example observed today, the FWS claimed control of an additional 2,800 ft beyond the easement boundary. The breach of contract exploits farmers, steals their land and turns pristine prairie potholes into salt-encrusted eyesores.

"My hope is today's visit by a high-ranking decision maker in the Trump administration regarding issues surrounding the illegal taking of farmers' land helps the President better understand how wrong it is to support the Biden Rule," said Cramer. "I am grateful to Director Nesvik and Principal Deputy Kellogg for taking the issue seriously enough to work directly with the affected landowners, the real stewards of their property. Too many bureaucrats make rules from behind their desks in a marble building, with no consideration for the real-world effects on wildlife and people."

Farmers are facing costly disputes, complex regulations, and federal criminal liability over water management, farming practices, improvements, and where the government's authority begins and ends. The Supreme Court's landmark Waters of the United States decision made it clear, landowners need certainty, and they should know what land is covered and what activities are permitted when legal jeopardy is on the line. They need to know the value and productive use of their property will not be undermined by arbitrary federal interpretations.

Cramer has pressed agency leaders and nominees for changes to the management of wetland easements, including bringing federal officials to North Dakota to meet directly with landowners. Just three weeks earlier, Cramer hosted Secretary of Interior Doug Burgum in Valley City for a roundtable with area farmers whose land has been seized or degraded by the Fish and Wildlife Service's aggressive practices.

Former Interior Secretary David Bernhardt visited the state in 2019, then-FWS Director Aurelia Skipwith visited in 2020, and Assistant Secretary for Fish and Wildlife and Parks Shannon Estenoz visited in 2021, as officials sought to hear about the challenges facing landowners in the prairie pothole region.

Cramer's efforts resulted in an agreement from the FWS to revisit its mapping process and classification methodology, but when the agency announced it was abandoning those efforts to replace the Biden rule, Cramer refused to go along. He has a hold on all Trump nominees until the issue is settled and landowners can farm without fear. He has rewarded "good behavior toward a solution" and released a small number of nominations in response to good-faith efforts by the Department of the Interior and the White House. Cramer has not said whether today's visit will be similarly rewarded, but noted his patience is wearing thin.

"We need a solution and we need it fast," continued Cramer. "The alternative is to go to court, and a number of our farmers and organizations are prepared to do that. They'd rather settle their grievances amicably, but so far, the environmental activists seem unwilling to compromise."

Today's tour was hosted by North Dakota farmers Steve Hansen, Scott German and his father Mick, who was present when his dad signed the original easement with the FWS, and Drew and Kyle Courtney.