BISMARCK – U.S. Senator Kevin Cramer (R-ND) joined his colleagues in introducing the Farmers Freedom Act of 2023, legislation requiring the Biden administration to revert to the definition of prior converted cropland (PCC) from the Trump administration’s Waters of the United States (WOTUS) rule.
During the Trump administration, the definition in the Environmental Protection Agency’s (EPA) Navigable Waters Protection Rule (NWPR) of 2020 determined a PCC must be used for production at least once every five years to maintain exemption from the Clean Water Act (CWA). Under the Biden administration’s definition, the land may lose its exclusion if it undergoes a “change in use,” including when the area is unavailable for the production of crops. The new definition lacks the clarity farmers and ranchers need to ensure they can remain compliant and their land is not subjected to greater regulation through the CWA.
“Landowners need more freedom to use their land as they see fit without excessive, burdensome environmental regulations. The Biden administration is deferring to a loosely-defined and arbitrary definition for prior converted croplands which creates uncertainty for landowners, especially those in the Prairie Pothole region,” said Senator Cramer. “Our producers will always be better caretakers of the land than federal bureaucrats in Washington, and the administration should acknowledge it.”
U.S. Senator Mike Rounds (R-SD) led the legislation. Additional cosponsors include U.S. Senators John Thune (R-SD), Pete Ricketts (R-NE), Roger Marshall (R-KS), Mike Braun (R-IN), John Hoeven (R-ND), John Barrasso (R-WY), and Cindy Hyde-Smith (R-MS).
Click here for bill text.