A new bill introduced by U.S. Sens. Mike Rounds (R-SD) and John Hoeven (R-ND) would provide regulatory certainty to America’s farmers, ranchers, and landowners by reducing bureaucratic red tape in a federal waters definition.
For the last several decades, wetlands converted to cropland before 1985 have remained exempt from regulations in the Waters of the United States (WOTUS) law. However, under the Biden administration’s most recent WOTUS rule, previously converted cropland could revert to a wetland status if it is unavailable for commodity production, according to the lawmakers.
In turn, landowners would lose the freedom to use their land as they see fit without such excessive, burdensome environmental regulations, according to the lawmakers.
Under the Farmers Freedom Act of 2023, S. 3366, which Sen. Rounds sponsored on Nov. 30 alongside eight original GOP cosponsors, including Sen. Hoeven and U.S. Sen. John Thune (R-SD), would require the Environmental Protection Agency and the U.S. Army Corps of Engineers to use a certain definition for the term “prior converted cropland” in Biden’s WOTUS rule.
“For far too long, South Dakota producers have been subject to a number of complex and burdensome WOTUS rule changes,” Sen. Rounds said. “While past administrations have issued problematic WOTUS rules, the previous Navigable Waters Protection Rule 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 [prior converted cropland] and prevent further overreach on South Dakota farmers and ranchers, who know their land better than any D.C. bureaucrats.”
“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,” added Sen. 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.”
The bill is supported by the South Dakota Farm Bureau and the American Farm Bureau.