[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 795 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                 S. 795

   To amend the Federal Water Pollution Control Act to exclude prior 
converted cropland from the definition of ``navigable waters'', and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2025

 Mr. Rounds (for himself, Mr. Barrasso, Mr. Thune, Mr. Hoeven, and Mr. 
   Marshall) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Water Pollution Control Act to exclude prior 
converted cropland from the definition of ``navigable waters'', and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farmers Freedom Act of 2025''.

SEC. 2. PRIOR CONVERTED CROPLAND.

    (a) In General.--Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting 
the following:
            ``(7) Navigable waters.--
                    ``(A) In general.--The term `navigable waters' 
                means the waters of the United States, including the 
                territorial seas.
                    ``(B) Exclusion.--The term `navigable waters' does 
                not include prior converted cropland.
                    ``(C) Associated definitions.--For purposes of this 
                paragraph:
                            ``(i) Abandoned.--The term `abandoned', 
                        with respect to an area that was prior 
                        converted cropland, means that the area was not 
                        used for, or in support of, agricultural 
                        purposes at least once in the immediately 
                        preceding 5-year period, as determined by the 
                        Administrator.
                            ``(ii) Agricultural purpose.--The term 
                        `agricultural purpose' includes land use that 
                        makes the production of an agricultural product 
                        possible, including--
                                    ``(I) grazing and haying;
                                    ``(II) idling land for conservation 
                                use, such as habitat management, 
                                pollinator and wildlife management, 
                                water storage and supply management, 
                                and flood management;
                                    ``(III) irrigation tailwater 
                                storage;
                                    ``(IV) farm-raised fish production;
                                    ``(V) cranberry bogs;
                                    ``(VI) nutrient retention; and
                                    ``(VII) idling land for soil 
                                recovery after natural disasters such 
                                as hurricanes and drought.
                            ``(iii) Prior converted cropland.--
                                    ``(I) In general.--The term `prior 
                                converted cropland' means any area 
                                that, prior to December 23, 1985, was 
                                drained or otherwise manipulated for 
                                the purpose, or having the effect, of 
                                making production of an agricultural 
                                product possible, including such areas 
                                that are designated as prior converted 
                                cropland by the Secretary of 
                                Agriculture.
                                    ``(II) Exclusion.--The term `prior 
                                converted cropland' does not include an 
                                area that is abandoned and has reverted 
                                to wetlands.
                            ``(iv) Wetlands.--The term `wetlands' means 
                        an area that is inundated or saturated by 
                        surface or ground water at a frequency and 
                        duration sufficient to support, and that under 
                        normal circumstances do support, a prevalence 
                        of vegetation typically adapted for life in 
                        saturated soil conditions, including swamps, 
                        marshes, bogs, and similar areas.''.
    (b) Prohibition on Change in Use Policy.--In carrying out the 
amendments made by this section, the Administrator of the Environmental 
Protection Agency and the Secretary of the Army, acting through the 
Chief of Engineers, may not, with respect to prior converted cropland, 
carry out the change in use policy described in the final rule of the 
Environmental Protection Agency and the Corps of Engineers entitled 
``Revised Definition of `Waters of the United States''' (88 Fed. Reg. 
3004 (January 18, 2023)) or a substantially similar policy.
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