To help provide consistency, clarity and transparency to landowners, the U.S. Fish and Wildlife Service is
proposing new regulations that support landowners' property rights while ensuring conservation of natural
resources in the prairie pothole region of the United States through the effective use of easements.
The proposed rule formalizes the existing process the agency uses to work collaboratively with landowners
on farmland management recommendations where the Service owns conservation easements. It provides
assurances for landowners who wish to install drain-tile systems near protected wetlands and also ensures
that if landowners follow Service-provided setback distances for their drain-tile system installation, they will
not be legally responsible if the wetland is drained by the system, as long as the system has not been
modified, enhanced or replaced. The regulations would apply to wetland easements in the prairie pothole
region of the United States in Iowa, Minnesota, Montana, North Dakota and South Dakota.
Conservation easements in the prairie pothole region protect wetlands that are critical feeding and breeding
habitat for migratory waterfowl and other bird populations. The region, including portions of Canada, Iowa,
Minnesota, Montana, North Dakota and South Dakota, is known as the "duck factory" because it is where
more than 50% of North America's upland nesting ducks hatch. The conservation easements help ensure
these charismatic and ecologically important species continue to thrive.
Conservation easements are a valuable tool for landowners in the United States. These voluntary contracts
allow for landowners to be compensated for certain property rights to conserve habitat value while, in most
instances, retaining their ability to generate revenue on their working lands. Easements on private land also
add significant conservation value to the National Wildlife Refuge System.
Landowners who have wetland easements with the Service often seek clarity and certainty before investing
in expensive drain-tile systems. The Service is committed to strengthening positive relationships with private
landowners who steward these conservation easements and their habitat values and continues to work to
improve the easement program's clarity and transparency.
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The U.S. Fish and Wildlife Service works with others to conserve, protect, and enhance fish, wildlife, plants,
and their habitats for the continuing benefit of the American people. For more information about our work
and the people who make it happen, visit https://www.fws.gov/ or connect with us via Facebook, Instagram,
Twitter, YouTube, and Flickr
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