119-s795

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

    (IS) ]

<DOC>

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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