Farmers Freedom Act of 2025

“(7) Navigable waters

“(A) In general—The term navigable waters means the waters of the United States, including the territorial seas.

“(B) Exclusion—The term navigable waters does not include prior converted cropland.

“(C) Associated definitions—For purposes of this paragraph:

“(i) Abandoned—The term abandoned, with respect to an area that was prior converted cropland, means that 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.

“(ii) Agricultural purpose—The term agricultural purpose includes land use that makes the production of an agricultural product possible, including—

“(I) grazing and haying;

“(II) idling land for conservation use, such as habitat management, pollinator and wildlife management, water storage and supply management, and flood management;

“(III) irrigation tailwater storage;

“(IV) farm-raised fish production;

“(V) cranberry bogs;

“(VI) nutrient retention; and

“(VII) idling land for soil recovery after natural disasters such as hurricanes and drought.

“(iii) Prior converted cropland

“(I) In general—The term prior converted cropland means 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, including such areas that are designated as prior converted cropland by the Secretary of Agriculture.

“(II) Exclusion—The term prior converted cropland does not include an area that is abandoned and has reverted to wetlands.

“(iv) Wetlands—The term wetlands means an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.”