Sen. Kevin Cramer (R-ND) announced Thursday that he is placing a hold on all future nominees from the Trump administration. The decision follows a recent announcement by the Fish and Wildlife Service (FWS) that it would maintain a Biden-era policy regarding wetland conservation easements rather than moving forward with proposed changes. Cramer stated that he would not allow another nominee to be confirmed until the administration changes its approach to these regulations.
The policy in question involves drain tile setbacks, which are intended to prevent the draining of wetlands protected under federal conservation easements to preserve duck habitats. Earlier this year, the FWS stated it would solicit information on whether to reconsider the formulas used to calculate these setbacks. However, the agency recently posted on social media that no further action is currently planned, stating it remains dedicated to protecting conservation easements while reviewing the information it received.
The disagreement highlights a split between two constituencies: hunters and farmers. Groups such as Illinois Ducks Unlimited have supported the current rule, arguing that maintaining habitat conditions is necessary for successful duck populations. Conversely, the North Dakota Farm Bureau argued that the formula-driven requirements extend federal control over private land adjacent to easements, which the group said restricts productive use of land without providing additional compensation to the owners.
For farmers and landowners in states like North Dakota, the outcome of this policy dispute determines their legal rights to manage water drainage on private property adjacent to federal easements. The North Dakota Farm Bureau stated the current rule imposes restrictions on "adjacent private land" that farmers use for production. Conversely, for the hunting industry and conservation groups, the policy protects the "nesting and recruitment" areas necessary to sustain duck populations used for recreational hunting.
The hold comes while the Senate is in recess, meaning the immediate impact on the confirmation calendar will be noticed when lawmakers return to Washington this fall. At that time, Republican leadership will face a choice between negotiating a policy change with the FWS or dedicating significant floor time to bypass Cramer's hold. The FWS and the Interior Department have not yet provided formal comments on the senator's decision. No specific deadline for a resolution has been set, but the current Republican majority is expected to try to advance appointees before the end of the year.