U.S. Senator Mike Rounds has reintroduced the Farmers Freedom Act of 2025, aiming to address federal government overreach and provide regulatory certainty for South Dakota’s agricultural community. The legislation seeks to establish a permanent definition of prior converted cropland (PCC) under the Clean Water Act, countering recent changes in regulation by the U.S. Environmental Protection Agency (EPA).
The EPA has used its authority to issue Waters of the United States (WOTUS) rulemakings, which regulate navigable waterways across the country. Historically, wetlands converted to cropland before 1985 have been exempt from WOTUS regulation. However, under current administration policies, such lands could revert to wetland status if they become unavailable for commodity production due to circumstances like flooding.
Rounds’ proposed amendment would allow PCC land to be farmed once every five years to maintain its exemption from WOTUS regulations. “South Dakota farmers and ranchers work hard to protect their land,” Rounds stated. “They don’t need a heavy-handed federal government subjecting them to additional burdensome rule changes.”
The bill is supported by Majority Leader John Thune and Senators John Barrasso, John Hoeven, and Roger Marshall. It also has endorsements from the South Dakota Farm Bureau and the American Farm Bureau.
Scott VanderWal of the South Dakota Farm Bureau expressed gratitude for Rounds’ efforts: “Unfortunately, the definition of prior converted cropland (PCC) in the latest WOTUS regulations will only contribute to further uncertainty for producers.” Courtney Briggs from the American Farm Bureau added that current rules make it challenging for farmers to manage their land effectively while protecting environmental interests.
This legislative move follows several years of evolving regulations concerning PCC and WOTUS definitions under different administrations. The Obama administration expanded WOTUS definitions in 2015, leading to confusion among agricultural communities. The Trump administration later introduced a new rule providing clearer guidelines with its Navigable Waters Protection Rule (NWPR), finalized in 2020.
However, President Biden’s administration began rolling back these rules on his first day in office, culminating in a new EPA rule issued in December 2022 that repealed NWPR provisions and expanded federal regulatory authority over PCC lands.
A Supreme Court decision in May 2023 overturned parts of this new rule but did not resolve all issues related to PCC definitions as per subsequent EPA actions.
