Farmers Freedom Act of 2025
- Sponsor
- Sen. Rounds, Mike [R-SD]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Feb 27, 2025
Bottom line
The bill aims to provide regulatory certainty and relief for farmers by permanently limiting federal Clean Water Act jurisdiction over agricultural lands designated as prior converted cropland.
What it actually does
This bill amends the Federal Water Pollution Control Act (Clean Water Act) to explicitly exclude "prior converted cropland" from the definition of "navigable waters," thereby removing it from federal jurisdiction. It also provides specific definitions for terms like "abandoned" and "agricultural purpose" within this context and prohibits federal agencies from implementing a "change in use policy" that would re-establish federal jurisdiction over prior converted cropland based on changes in land use.
Proponents argue
Supporters argue this bill provides essential regulatory certainty and relief for farmers and landowners by clearly defining the limits of federal jurisdiction over agricultural lands. They contend it prevents overreach by federal agencies, protects farmers from burdensome permitting requirements, and ensures that land historically used for agriculture remains outside the scope of the Clean Water Act, promoting agricultural productivity and economic stability.
Opponents contend
Opponents might argue that this bill could weaken environmental protections by removing certain wetlands and waterways from federal oversight, potentially leading to increased pollution or degradation of water quality. They may contend that the definitions of "abandoned" and "agricultural purpose" could be exploited, allowing for the conversion of ecologically valuable wetlands without federal review, and that the prohibition on the "change in use policy" limits the ability of agencies to adapt to evolving scientific understanding of aquatic ecosystems.
The bill text is very short and straightforward, making it accessible for a quick read and evaluation.
Section 2(a), amending Section 502(7) of the FWPCA
Redefinition of "Navigable Waters" to Exclude Prior Converted Cropland
This provision explicitly states that "navigable waters," which are subject to federal regulation under the Clean Water Act, do not include "prior converted cropland." This means that areas designated as prior converted cropland would not require federal permits for discharges or other activities under the Clean Water Act, unless they have been abandoned and reverted to wetlands.
Supporters argue
Supporters argue this clarifies the intent of Congress to protect farmers from federal overreach and burdensome regulations on lands that have been actively farmed for decades. It provides much-needed certainty, allowing farmers to manage their land without fear of unexpected federal enforcement actions.
Critics contend
Critics contend that this exclusion could lead to the degradation of water quality and loss of valuable wetland functions by removing federal oversight from areas that may still contribute to downstream pollution or provide critical ecological services. They argue that even prior converted croplands can function as wetlands or contribute to the aquatic ecosystem.
Tradeoffs
The bill balances the desire for regulatory relief and certainty for the agricultural sector against concerns for environmental protection and the scope of federal authority to regulate water quality.
Section 2(a), amending Section 502(7)(C) of the FWPCA
Codification of Key Definitions Related to Prior Converted Cropland
This section provides specific definitions for terms critical to the exclusion: "abandoned" (not used for agriculture in the preceding 5 years), "agricultural purpose" (a broad list including grazing, haying, conservation use, irrigation storage, etc.), "prior converted cropland" (manipulated for agriculture before Dec 23, 1985, excluding abandoned areas that reverted to wetlands), and "wetlands" (standard definition based on vegetation and saturation).
Section 2(b)
Prohibition on Reinstating "Change in Use Policy" for Prior Converted Cropland
This provision explicitly forbids the Environmental Protection Agency (EPA) and the Army Corps of Engineers from implementing the "change in use policy" described in the 2023 "Revised Definition of 'Waters of the United States'" rule, or any substantially similar policy, with respect to prior converted cropland. This policy would have allowed prior converted cropland to regain WOTUS status if it was no longer used for agriculture and reverted to wetlands.
Defines "prior converted cropland" as any area manipulated for agricultural purposes prior to December 23, 1985.
Section 2(a), amending Section 502(7)(C)(iii)(I)
Why it matters:This is standard legislative practice for establishing a historical baseline for a definition. It is not necessarily evasive but requires careful reading.
Case for: Supporters argue that this fixed date provides a clear, unambiguous historical boundary for what constitutes prior converted cropland, preventing agencies from retroactively applying new criteria or expanding the definition to more recently converted lands. It aligns with historical regulatory approaches.
Case against: Critics might argue that a fixed historical date, while providing certainty, may not account for evolving scientific understanding of wetland hydrology or the ecological value of lands converted after this date. It could be seen as an arbitrary cutoff that limits the scope of protection for some ecologically significant areas.
Estimated impact: This date effectively grandfathers in all agricultural conversions that occurred before this specific date, potentially affecting millions of acres of land that were historically wetlands.