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.