Farmers Freedom Act Proposes Excluding Certain Farmland from Clean Water Act Oversight

The Farmers Freedom Act of 2025 includes a provision, Section 2, that aims to redefine which waters fall under federal protection by amending the Clean Water Act. Specifically, it proposes excluding areas defined as "prior converted cropland" – land drained or altered for farming before December 23, 1985 – from the definition of "navigable waters." This change would limit the regulatory reach of the Environmental Protection Agency (EPA) and the Army Corps of Engineers over these specific types of agricultural lands.

Redrawing Regulatory Boundaries

So, what counts as "prior converted cropland"? According to the bill, it's land that was manipulated for agricultural production prior to late 1985. Think fields that were drained or leveled decades ago to grow crops. The bill states these areas are not considered "navigable waters," meaning activities on them wouldn't typically require permits under the Clean Water Act. There's a catch for land that's gone unused: if this cropland hasn't been used for an "agricultural purpose" at least once in the last five years and has naturally reverted to wetland characteristics (like swamps or marshes), it could lose its "prior converted" status and potentially fall back under regulation. However, the bill broadens the definition of "agricultural purpose" to include not just active farming but also grazing, haying, idling land for conservation, managing irrigation water, fish production, cranberry bogs, nutrient retention, and letting land recover after natural disasters. This wider definition could make it easier for land to retain its excluded status.

Locking In Land Use Status

A key part of this section is its direct prohibition on the EPA and Army Corps applying the "change in use policy" outlined in a 2023 federal rule (or any similar policy) to prior converted cropland. This policy generally involves regulators reassessing whether land still qualifies for an exemption if its use changes significantly. By blocking this, the bill seems intended to provide long-term certainty to landowners that their prior converted cropland designation won't be revisited, even if the land use shifts away from traditional crop production, as long as it fits within the broadened definition of "agricultural purpose."

Potential Impacts on the Ground

This proposed change could mean less red tape for farmers and landowners managing property that falls under the "prior converted cropland" definition, potentially streamlining operations and reducing permit requirements. On the flip side, redefining "navigable waters" to exclude these areas raises questions about environmental protection. Since the Clean Water Act is the primary federal law regulating water pollution, removing potentially large tracts of land – even those altered decades ago – from its jurisdiction could impact downstream water quality and the health of connected ecosystems. Wetlands, even those previously altered, often play roles in filtering water and controlling floods. Critics might argue this creates loopholes, potentially allowing areas that function ecologically like wetlands to avoid environmental review, while proponents might emphasize the need for regulatory relief for long-standing agricultural practices.