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Amends the Clean Water Act definition of “navigable waters” to add specific terms (including “abandoned,” “agricultural purpose,” “prior converted cropland,” and “wetlands”) and to state that prior converted cropland is not treated as part of navigable waters. It also prevents the Environmental Protection Agency and the Army Corps of Engineers from applying a federal “change in use” policy to prior converted cropland. The change narrows federal wetlands/waters coverage for lands already converted to cropland under the new text, clarifies key terms used in the statute, and limits agency enforcement or policy actions that could treat converted cropland as subject to Clean Water Act jurisdiction based on subsequent use changes.
Amends Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) by striking paragraph (7) and inserting a new paragraph (7) that defines “navigable waters” and related terms.
Defines “navigable waters” to mean the waters of the United States, including the territorial seas. Also states that the term does not include prior converted cropland (an explicit exclusion).
Defines “abandoned” (with respect to an area that was prior converted cropland) to mean 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.
Defines “agricultural purpose” to include land uses that make production of an agricultural product possible and lists examples: grazing and haying; idling land for conservation uses (habitat management, pollinator and wildlife management, water storage and supply management, and flood management); irrigation tailwater storage; farm-raised fish production; cranberry bogs; nutrient retention; and idling land for soil recovery after natural disasters (such as hurricanes and drought).
Defines “prior converted cropland” to mean 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. This definition also includes areas designated as prior converted cropland by the Secretary of Agriculture. It explicitly excludes areas that are abandoned and have reverted to wetlands.
Who is affected and how:
Farmers and owners of agricultural land: The amendment is most directly favorable to farmers and landowners of prior converted cropland. By excluding such lands from being treated as "navigable waters," owners face a lower risk of wetland regulation under the Clean Water Act for lands meeting the new definition. This can reduce permitting requirements, compliance costs, and potential enforcement actions tied to wetland jurisdiction.
Federal agencies (EPA and Army Corps of Engineers): The agencies are restricted from applying a "change in use" policy to prior converted cropland. That limits their ability to expand jurisdiction over those lands based on later changes in use or policy interpretations, narrowing their enforcement and regulatory discretion in this specific area.
Agricultural communities and rural areas: Local economies that rely on crop production may see reduced regulatory uncertainty and potentially lower transaction costs for land use, conversion, or sale of previously farmed land.
Environmental advocates and wetland-dependent ecosystems: Environmental groups and communities that rely on wetland protections may see this as a roll-back of federal coverage for some wetlands that once were converted to cropland. Depending on the scope of the "prior converted cropland" definition, there could be reduced federal protection for some areas that influence water quality, flood control, and wildlife habitat.
Permitting and legal outcomes: The definitional change will influence agency jurisdictional determinations, permit requirements, mitigation obligations, and litigation over Clean Water Act coverage. Parties in disputes over whether land qualifies as prior converted cropland will face new statutory text to interpret.
Net effect: The bill narrows federal Clean Water Act jurisdiction for a specific class of agricultural lands, decreasing regulatory exposure for landowners while reducing a route for federal wetland protections in those locations.
Read twice and referred to the Committee on Environment and Public Works.
Introduced February 27, 2025 by Marion Michael Rounds · Last progress February 27, 2025
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Read twice and referred to the Committee on Environment and Public Works.
Introduced in Senate