Source: United States Senator Kevin Cramer (R-ND)
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WASHINGTON – U.S. Senator Kevin Cramer (R-ND) pressed U.S. Fish and Wildlife Service (FWS or Service) Director Martha Williams on the Biden Administration’s expansive 30×30 agenda and appeals process for Waterfowl Production Area (WPA) easements at a Senate Environment and Public Works Committee hearing.
Senator Cramer began by asking if Biden’s 30×30 initiative, which aims to conserve at least 30 percent of U.S. lands and waters by 2030, will be subject to the National Environmental Policy Act (NEPA) process.
“Is it safe to say NEPA compliance is a high priority for this Administration, particularly for local community stakeholders [and] others to provide input on federal decisions? Similarly, considering that the first Administration priority that you referenced in your opening statement is America the Beautiful or 30×30, would you say that’s also a high priority?” asked Senator Cramer.
“Yes, America the Beautiful and the fundamental components of it and this collaborative community voluntary approach is very important,” responded Director Williams.
“So, does the Administration plan on following the NEPA process for 30×30?” pressed Senator Cramer.
“I’m sure on specific projects that trigger NEPA indeed, we will follow the law,” responded Director Williams.
“[30×30] is one big executive order. Why wouldn’t that trigger NEPA when we’re talking about tripling the protected acres in the United States?” asked Senator Cramer. “Wouldn’t that be a pretty obvious trigger for a NEPA process or some sort of comprehensive review?
FWS Director Williams deflected the question stating she would defer to the White House Council on Environmental Quality (CEQ). Following her non-answer, Senator Cramer referenced a letter he led last week with 20 colleagues to CEQ Chair Brenda Mallory demanding they adhere to NEPA requirements and undergo the proper analysis and public comment period for the 30×30 initiative.
Senator Cramer also confronted Director Williams on the lack of progress on the WPA easements appeals process with North Dakotan landowners despite her previous assurances and commitments to address the issue.
“As you know, since I came to Congress in 2013, I have heard from hundreds of North Dakota landowners encumbered with Fish and Wildlife Service Waterfowl Production Area easements. Their experience has been disastrous through Democratic administrations and Republican administrations alike with the Service trampling private property rights, not living up to contractual obligations, and using confrontational enforcement tactics like showing up on people’s property armed and wearing body armor. During both our private meeting and your nomination hearing we’ve discussed the enforcement of WPA easements. You stated you would work with landowners to ‘get this issue right.’ Since your nomination, I have continued to work on the issue as well. I introduced legislation to prohibit the Service from entering into a conservation easement of greater than 50 years, we’ve given owners of existing easements the opportunity to renegotiate, renew, or even buy out their easement,” said Senator Cramer. “My question to you is, since you’ve been confirmed, what have you been doing to work on remedying this problem?”
While Director Williams responded saying they have spent many hours on this issue and explained they are working to finalize an easement policy and handbook to address how the Service administers and enforces these easements, she conceded that she has not personally talked or met with one landowner.
“I have not picked up the phone nor have I been asked for meetings, but I’d be happy to work with you and with landowners,” said Director Williams.
Senator Cramer urged Director Williams to work directly with landowners to remedy the heavy-handed enforcement of WPA easements especially in light of the fact many appeals have been elevated to her attention.
“We might want to dig into that a little more specifically. I don’t know of a single appeal that’s ever been upheld on behalf of a landowner,” said Senator Cramer. “So, the process maybe is better but I don’t know of any [that have been upheld.]”