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Rounds Leads Legislation to Address Federal Government Overreach on South Dakota Farmers, Ranchers and Landowners

WASHINGTON – U.S. Senator Mike Rounds (R-S.D.) today reintroduced legislation to address federal government overreach and provide regulatory certainty to South Dakota farmers, ranchers and landowners. The Farmers Freedom Act of 2025 would provide a permanent definition of prior converted cropland (PCC) under the Clean Water Act. The U.S. Environmental Protection Agency (EPA) has used this authority to issue Waters of the United States (WOTUS) rulemakings, which regulates navigable waterways in the United States.

For the last several decades, wetlands converted to cropland before 1985 have remained exempt from WOTUS regulation. Under the Biden administration ruling, previously-converted cropland could revert to a wetland status if it becomes unavailable for commodity production due to circumstances like flooding. This causes land to be subject to federal regulation regardless of a previous exemption. To prevent this from happening, Rounds’ legislation would amend the Clean Water Act to allow PCC land to be farmed only once every five years to remain exempt from being regulated under WOTUS.

“South Dakota farmers and ranchers work hard to protect their land, and they don’t need a heavy-handed federal government subjecting them to additional burdensome rule changes,” said Rounds. “While past administrations have issued problematic WOTUS rules, the previous Navigable Waters Protection Rule under the first Trump administration worked to protect owners of prior converted cropland from undue regulation while providing producers with needed flexibility. This legislation seeks to make this definition of PCC permanent, preventing overreach and giving landowners the freedom to use their land how they see fit.” 

The Farmers Freedom Act of 2025 is cosponsored by Majority Leader John Thune (R-S.D.) and Senators John Barrasso (R-Wyo.), John Hoeven (R-N.D.) and Roger Marshall (R-Kan.).

This legislation is endorsed by the South Dakota Farm Bureau and the American Farm Bureau.  

“Unfortunately, the definition of prior converted cropland (PCC) in the latest WOTUS regulations will only contribute to further uncertainty for producers,” said Scott VanderWal, President of the South Dakota Farm Bureau. “I thank Senator Rounds for introducing legislation to provide flexibility for farmers across South Dakota.”

“Farmers take seriously the responsibility for properly caring for the land they’ve been entrusted with,” said Courtney Briggs, American Farm Bureau’s Senior Director of Government Affairs. “The current rules surrounding prior converted cropland make it difficult for farmers to ensure they are making the best use of their land while protecting the environment. We appreciate Sen. Rounds for working to bring clarity to the PCC exclusion.”

BACKGROUND:

  • For the last several decades, wetlands that were drained to be cropland prior to 1985 have remained exempt from regulation under the Clean Water Act.
  • In 2015, the Obama administration finalized a rule that expanded the definition of WOTUS, creating confusion and burdensome red tape, especially for South Dakota’s agricultural communities. 
  • The Trump administration released a proposed rule to replace the 2015 WOTUS rule with a new one that provided much-needed certainty for farmers by establishing clear and reasonable definitions of what qualifies as a “water of the United States.” The Navigable Waters Protection Rule (NWPR) was finalized in 2020.
  • The NWPR clarified the rules governing PCC, protecting impacted land from Clean Water Act regulation as long it was used for agricultural purposes once every five years.
  • On day one of his administration, President Biden signed an executive order to begin the process of rolling back the Trump administration’s NWPR.
  • In December 2022, the EPA issued a new rule repealing the NWPR and changing the definition of WOTUS in a way that will expand federal regulatory authority.
  • The Biden administration’s WOTUS rule also tightened the regulations guiding PCC, allowing the federal government to end the exemption for such land immediately upon a change in use.
  • In May 2023, the Supreme Court issued a decision in Sackett v. Environmental Protection Agency that overturned the previous 2022 WOTUS rule.
  • In August 2023, the EPA issued a new iteration of the WOTUS rule with changes after Sackett, which retained the problematic definition of PCC.

Click HERE to read full bill text.

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