Interior Expands Program for Review of Prairie Pothole Wetland Easements

WASHINGTON — The Department of the Interior today announced that the U.S. Fish and Wildlife Service will incorporate feedback from North Dakota farmers, ranchers and conservation partners as it updates and expands an innovative Prairie Pothole Wetland pilot project addressing landowner concerns—particularly with wetland easements purchased prior to 1976. The Department will quickly move to the next step by fully implementing a cooperative framework that was built with input from landowners and will be updated based on what was learned during the pilot phase of the growing project.

The expanded, voluntary effort will place special emphasis on older North Dakota easements where differences between the acreage summarized at the time of acquisition and the wetlands subsequently mapped by the Service have raised longstanding questions for landowners.

“We heard clearly from North Dakota farmers and ranchers that they want greater certainty about how these older easements apply to their land,” said Secretary of the Interior Doug Burgum. “Their concerns and firsthand knowledge are informing our approach. We will continue working directly with landowners to address questions, respect private property rights and uphold Interior's conservation commitments.”

The Service launched the pilot program this summer to work directly with landowners, test the review process and identify issues that needed to be addressed before a broader effort moved forward. Feedback from participating landowners helped the Service better understand the concerns surrounding these older easements and will be reflected in the next phase of the program.

Participation will remain voluntary. The Service will work directly with participating landowners to review easement records and maps and determine whether mutually agreeable solutions are available. No map revisions will be finalized without agreement between the Service and the landowner.

“We appreciate the landowners who participated in the pilot and spoke candidly about what worked and what needed improvement,” said U.S. Fish and Wildlife Service Director Brian Nesvik. “We heard their concerns, and we are taking them into account as we move forward. This next phase will give us an opportunity to examine more of these older North Dakota easements carefully and work through questions directly with the people who know the land best.”

Wetland easements are voluntary legal agreements through which the Service compensates landowners to permanently protect wetlands on private property while allowing continued private ownership and compatible agricultural uses. Easements acquired before 1976 generally did not include maps with enough detail to adequately identify the protected wetlands. The Service completed its effort to map those easements in 2023.

Through the expanded review, participating landowners will have an opportunity to examine those maps directly with the Service. Depending on the facts and applicable legal requirements, potential outcomes may include revisions to the wetlands shown on an existing easement map, the voluntary protection of additional wetlands or consideration of easement exchanges. The program will not result in a reduction in total protected waterfowl easements.

The Prairie Pothole Region includes North Dakota, South Dakota and portions of Montana, Minnesota and Iowa. Its wetlands provide some of North America’s most important breeding habitat for waterfowl. Because many are located on privately owned working lands, cooperation with farmers and ranchers is essential to their long-term conservation. Easements have been purchased for many decades from willing landowners using funding derived from the sale of federal waterfowl stamps, often referred to as the “duck stamp”. The Fish and Wildlife Service continues to work with interested landowners to acquire additional easements as funding allows.

The Service will share additional information with landowners, lessees, agricultural organizations and conservation partners as the next phase begins.

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