Senator John Hoeven has introduced the Farmers Freedom Act of 2023, a bill led by Senator Mike Rounds, aimed at providing regulatory certainty for farmers, ranchers, and landowners. The legislation seeks to codify the definition of prior converted cropland (PCC) from the Trump administration’s Navigable Waters Protection Rule. For decades, wetlands turned into cropland before 1985 have been exempt from regulation under the Clean Water Act and Waters of the United States (WOTUS). However, under the Biden administration’s expanded WOTUS rule, PCC could revert to wetland status if it becomes unavailable for commodity production. Specifically, if a section of PCC floods and cannot produce commodities, it may fall under regulation by the Clean Water Act.
“Our producers know their lands best and are better stewards of their land than bureaucrats in Washington. This legislation is about respecting private property rights and providing our agriculture producers with flexibility and certainty regarding their lands,” stated Hoeven. “The Biden administration’s new WOTUS rule is a costly federal overreach and we’re doing all we can to stop these unworkable mandates.”
Senator Rounds added his support: “For far too long, South Dakota producers have been subject to a number of complex and burdensome WOTUS rule changes. While past administrations have issued problematic WOTUS rules, the previous Navigable Waters Protection Rule (NWPR) worked to protect owners of prior converted cropland from undue regulation while providing producers with needed flexibility. This legislation seeks to restore this definition of PCC and prevent further overreach on South Dakota farmers and ranchers, who know their land better than any D.C. bureaucrats.”
The bill is also cosponsored by Senators John Thune, Pete Ricketts, Roger Marshall, Mike Braun, John Barrasso, Kevin Cramer, and Cindy Hyde-Smith.
This legislative effort represents part of Hoeven’s ongoing work to safeguard private property rights against what he views as overreaching mandates imposed by the Biden administration’s expanded WOTUS rule. The senator argues that these regulations place unworkable demands on landowners as well as energy and agriculture producers.
