Farmers Freedom Act of 2025
The Farmers Freedom Act of 2025 would narrow federal oversight under the Clean Water Act by excluding prior converted cropland from the definition of “navigable waters” (i.e., waters of the United States). In practical terms, lands that are or were historically converted for agriculture would no longer be subject to federal Clean Water Act jurisdiction solely because they are connected to wetlands or water features, as long as they meet the bill’s criteria. The bill also establishes detailed definitions around what counts as prior converted cropland, abandoned land, and agricultural purposes, and it expressly prohibits the EPA and the Army Corps of Engineers from implementing or continuing a 2023 policy that broadened regulatory reach on such lands. The overall effect is to reduce federal regulatory risk and potential permitting requirements for certain agricultural lands, while shifting more land-use decisions away from the federal level.
Key Points
- 1Excludes prior converted cropland from the definition of navigable waters under the Clean Water Act, narrowing federal jurisdiction on those lands.
- 2Defines “prior converted cropland” as land that, before December 23, 1985, was drained or otherwise manipulated to enable agricultural production; excludes areas that have been abandoned and reverted to wetlands.
- 3Establishes what counts as an “agricultural purpose,” including activities like grazing, haying, conservation practices, irrigation tailwater storage, farm-raised fish, cranberry bogs, nutrient retention, and land idling for soil or habitat management.
- 4Defines “abandoned” as land that has not been used for agricultural purposes in the immediately preceding five years, as determined by the Administrator.
- 5Prohibits the EPA Administrator and the Army Secretary (through the Chief of Engineers) from implementing or maintaining the 2023 Revised Definition of Waters of the United States policy, or a substantially similar policy, for prior converted cropland.