The Sportsmen’s Alliance breaks down the science, legal arguments, and the threat to North America’s top duck breeding grounds.
Summary: The Sportsmen’s Alliance Foundation has submitted formal comments urging the U.S. Fish and Wildlife Service to protect critical duck breeding habitat by maintaining strict, science-based “drain tile setback” rules in the Prairie Pothole Region.
The Sportsmen’s Alliance Foundation (SAF) formally called on the U.S. Fish and Wildlife Service (FWS) to protect critical duck breeding grounds by upholding strong safety buffers around federally protected wetlands.
In official comments submitted to the FWS, SAF urged federal officials to reject proposed changes to “drain tile setbacks” — the mandatory physical buffers required between agricultural drainage pipes and protected wetlands — warning that weakening current regulations would allow vital wetlands to dry up, wipe out billions of dollars in hunter-funded conservation investments, and violate federal law.
What Are Drain Tile Setbacks?
Drain tile setbacks are minimum required safety distances between agricultural drainage systems—commonly known as drain tile—and protected natural areas like wetlands. Farmers use underground perforated pipes (drain tile) to pull excess water out of crop fields. However, because drain tile draws water from the surrounding ground, installing it too close to a protected wetland can siphon away its water.
A drain tile setback acts as a scientifically calculated buffer zone, ensuring agricultural drainage stays on the field without lowering water levels or degrading critical wildlife habitat on nearby protected lands.
Every conservation easement using drain tile setbacks is different based on local climate and rainfall patterns, soil type, topography, soil permeability, and groundwater flow, as well as the size, depth and proximity of the pipe to water sources and the field.
Why the Prairie Pothole Region Matters
The Prairie Pothole Region—stretching across Iowa, Minnesota, Montana, North Dakota, and South Dakota—is the most critical waterfowl breeding area in North America:
- Heart of Duck Production: The Prairie Pothole Region supports more than 50% of North America’s breeding migratory waterfowl.
- Vulnerable Shallow Waters: Many of the most productive wetlands for breeding ducks are less than one foot deep. Even minor drops in water levels can cause nests to fail and hatchlings to perish.
- Massive Economic Impact: Waterfowl hunting and outdoor recreation in the region generate nearly $1 billion in economic activity and support 30,000 jobs, largely benefiting small rural communities.
How Proposed Changes Threaten Public Wetlands
SAF’s legal and policy comments emphasize three major reasons why FWS must maintain its 2024 drain tile rules:
- Current Rules Protect Shallow Potholes: The FWS’ current standard only permits up to 1.2 inches of incidental water loss over 14 days, keeping shallow pothole habitats intact. Relaxing these standards to match Department of Agriculture (USDA) “Swampbuster” rules would allow up to 12 inches of water draw-down, completely drying out critical breeding sites.
- Public and Hunter Investments Are at Risk: FWS wetland easements are public assets purchased using revenue from sportsmen. Since 1934, hunters have contributed over $1.3 billion through Federal Duck Stamp purchases and $31 billion through Pittman-Robertson gear taxes to protect wildlife habitats. Weakening setback rules would effectively destroy these hunter-funded public investments.
- Fairness for Landowners: Current FWS rules already provide custom, site-specific drainage plans for landowners using local soil science. Landowners who follow their FWS-approved plan receive a “safe harbor” legal shield if water levels accidentally fluctuate.
The Legal Bottom Line: Federal Agencies Cannot Exceed Their Authority
In its submission, SAF reminded federal officials that administrative agencies must follow the laws passed by Congress. Citing the landmark Supreme Court decision Nat’l Fed’n of Indep. Bus. v. Dep’t of Lab. (2022), SAF noted that federal agencies possess only the authority explicitly granted to them by statute.
Congress created the National Wildlife Refuge System—which includes these wetland easements—with a clear legal mandate under the Wetlands Loan Act of 1961 and the Refuge Improvement Act of 1997: to preserve wildlife habitat and maintain adequate water quantity.
Quoting the landmark federal court ruling in Pub. Citizen Health Rsch. Grp. v. Brock (1987), SAF Associate Litigation Counsel Torin Miller emphasized that when agencies attempt to exceed their legal boundaries, courts must “lean forward from the bench to let an agency know, in no uncertain terms, that enough is enough.”
“The current drain tile setback rules work,” said Miller. “They protect fragile duck habitat, respect public investments, and give landowners certainty. Any attempt to weaken these standards violates federal law and puts North America’s waterfowl population at grave risk.”
How to Submit Your Official Public Comment
Public involvement is essential to stopping this regulatory rollback. Outdoor enthusiasts, hunters, and conservationists are encouraged to submit official comments directly to the U.S. Fish and Wildlife Service.
Submit your comments online via Federal Register Docket No. FWS–R6–ES–2026–2641:
When writing your comment, consider emphasizing these core points:
- The Prairie Pothole Region (PPR) is irreplaceable: Highlight that the PPR produces over half of North America’s migratory waterfowl and fuels a billion-dollar outdoor economy.
- The 2024 rule is working: Emphasize that the current “no effect” science-based standard protects shallow potholes while offering landowners clear, custom guidance and legal safe harbor.
- Easements are bought and paid for by hunters: Remind federal officials that these public assets were purchased with billions of dollars from Federal Duck Stamps and Pittman-Robertson excise taxes on hunting equipment.
- Easements are voluntary, binding contracts: Stress that these wetland easements were never forced on landowners—they are voluntary agreements where landowners received direct financial compensation in exchange for permanently protecting the wetlands on their land. Reopening or weakening these contracts ignores the paid-for terms of a binding agreement.
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