S. 795

119 S795 IS: Farmers Freedom Act of 2025
 U.S. Senate
 2025-02-27
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 795  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.
1.
Short title
This Act may be cited as the   Farmers Freedom Act of 2025  .
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.