U.S. Fish and Wildlife Service says ‘no further action’ on tiling issue around wetland easements

Washington, D.C. — A groundswell of public input has temporarily halted the U.S. Fish and Wildlife Service’s plans to revisit its rules around drain tile setback calculations, according to a post the federal agency made on X (formerly Twitter) on August 14.

“The Fish and Wildlife Service thanks the more than 200,000 commenters who responded to the request for information on the process for calculating setbacks for the drain tiles around the wetland easements,” reads the post. “Our administration is dedicated to protecting both the wetland easements purchased by the FWS that are necessary to protect our conservation heritage as well as the private landowners’ use of their lands outside the easement boundaries. At this time, no further action is planned as we review the information received.”

The Fish and Wildlife Service thanks the more than 200,000 commenters who responded to the request for information on the process for calculating setbacks for the drain tiles around the wetland easements. Our administration is dedicated to protecting both the wetland easements…

— U.S. Fish and Wildlife Service (@USFWS) August 14, 2026

The call for information, published in the Federal Register on July 24, gave members of the public 14 days to submit opinions and comments on the way the USFWS calculates its setback requirements for drain tile on wetland easements. The USFWS purchases voluntary wetland easements from willing landowners on private lands as part of the Small Wetlands Acquisition Program, which uses federal Duck Stamp dollars to buy or permanently protect critical wetland habitat used by migratory waterfowl and other wildlife.

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When the USFWS purchases an easement on a piece of private property, part of the easement agreement involves how far back from the easement boundary landowners – often farmers and ranchers – can install drain tile. The distance is intended to prevent the drain tile from drying up the protected wetlands while it also does its intended job of moving water away from oversaturated croplands.

The setback calculations have fallen under scrutiny recently for allegedly impeding on private property rights. Sen. Kevin Kramer (R-N.D.) made his feelings known on X.

“You should have proof read this before posting it,” Kramer wrote. “Strike ‘as well as,’ and replace it with, ‘while screwing’, before ‘the private landowners.’ That better reflects what the Biden rule you are defending does. Say what you mean and what your friends in Manhattan and the environmental extremists at Ducks Unlimited wrote for you. Clarity is important [sic] after all.”

You should have proof read this before posting it. Strike “as well as,” and replace it with, “while screwing”, before “the private landowners.” That better reflects what the Biden rule you are defending does. Say what you mean and what your friends in Manhattan and the…

— Senator Kevin Cramer (@SenKevinCramer) August 14, 2026

Sporting and conservation groups celebrated the announcement, including four waterfowl groups – Ducks Unlimited, Delta Waterfowl, California Waterfowl, and the South Carolina Waterfowl Association – that had written a letter to Secretary of Interior Doug Burgum in support of leaving the rule as-is. A group of Republican lawmakers submitted a similar letter of support on August 7.

On Instagram, Land Tawney from American Hunters and Anglers called the USFWS decision a huge defensive win for conservation and commended individuals and groups who chimed in during the two-week public comment period.

“We finally got some news out of Washington D.C. from the U.S. Fish and Wildlife Service. They decided not to break the contract of duck hunters who have paid for these easements since the 1960s. Huge shout out to the 219,000 of you who commented. Your voice matters,” Tawney said. “Ducks Unlimited and Delta Waterfowl, you leaned into this! Thank you for weighing in.”