(a) In general

Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following:

(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.

(b) Prohibition on change in use policy

In carrying out the amendments made by this section, the Administrator of the Environmental Protection Agency and the Secretary of the Army, acting through the Chief of Engineers, may not, with respect to prior converted cropland, carry out the change in use policy described in the final rule of the Environmental Protection Agency and the Corps of Engineers entitled Revised Definition of Waters of the United States (88 Fed. Reg. 3004 (January 18, 2023)) or a substantially similar policy.