[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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