Farmers and Ranchers Relief Act of 2026
- Sponsor
- Sen. Lummis, Cynthia M. [R-WY]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Jul 13, 2026
Bottom line
This bill aims to reduce federal permitting requirements under the Clean Water Act for farmers and ranchers by broadening exemptions for certain discharge activities and limiting the ability of agencies to 'recapture' those activities.
What it actually does
This bill amends Section 404(f) of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to clarify and expand exemptions for the discharge of dredged or fill material without a federal permit. It explicitly mandates that these exemptions be interpreted liberally and that the 'recapture provision,' which can negate an exemption, be interpreted narrowly, aiming to provide regulatory relief to landowners.
Proponents argue
Proponents argue that the bill provides meaningful and necessary permitting relief to landowners, particularly farmers and ranchers, by reducing burdensome federal regulations and clarifying Congress's original intent regarding Clean Water Act exemptions. They contend it prevents federal overreach and supports vital agricultural operations by allowing them to manage their land efficiently.
Opponents contend
Opponents would likely argue that broadening these exemptions and narrowing the recapture provision could significantly weaken environmental protections for wetlands and other critical waters. They would contend that this bill undermines the Clean Water Act's fundamental goals of protecting water quality and aquatic ecosystems by allowing more potentially harmful discharges to occur without proper federal oversight.
The bill text is very short and can be read quickly, making its core changes accessible for immediate understanding.
Section 2
Congressional Intent for Liberal Interpretation of Exemptions
This section explicitly states Congress's intent that exemptions under Section 404(f)(1) of the Federal Water Pollution Control Act (Clean Water Act) for certain discharges of dredged or fill material should be interpreted liberally. It further directs that the 'recapture provision' under Section 404(f)(2), which can negate these exemptions, should be interpreted narrowly. The stated goal is to provide meaningful permitting relief to landowners.
Supporters argue
Supporters argue this provision clarifies the original intent of the Clean Water Act, ensuring that agricultural activities are protected from undue federal permitting requirements. They believe it allows farmers and ranchers to manage their land efficiently without excessive bureaucratic hurdles, fostering economic stability in rural areas.
Critics contend
Critics would contend that this provision signals an intent to weaken environmental regulations, potentially leading to increased degradation of wetlands and other protected waters. They argue it could allow activities with significant environmental impacts to proceed without adequate oversight, undermining the Clean Water Act's purpose.
Tradeoffs
This provision balances the desire for regulatory relief and operational flexibility for agricultural producers against the potential for reduced environmental protection for aquatic resources, particularly wetlands.
Section 3(1)
Removal of Recapture Clause Reference in Exemption Preamble
This amendment strikes the phrase 'Except as provided in paragraph (2) of this subsection,' from the beginning of Section 404(f)(1) of the Clean Water Act. By removing this explicit textual link, the bill aims to make the exemptions in 404(f)(1) more standalone and less immediately conditional on the recapture provision in 404(f)(2), thereby strengthening the exemptions.
Section 3(2)
New Liberal Construction Mandate
This section adds a new paragraph (3) to Section 404(f) of the Clean Water Act. This new paragraph explicitly mandates that the entire subsection 404(f) 'shall be construed liberally in favor of not prohibiting, and not requiring a permit under this section for, any discharge of dredged or fill material described in paragraph (1).' This directly incorporates the legislative intent from Section 2 into the statute itself.