land to be prior converted cropland if the land has, at any time, been determined by the Secretary to be prior-converted cropland or commenced-conversion wetland under the Food Security Act of 1985. (B) No abandonment In carrying out subparagraph (A), the Chief of Engineers and the Administrator may not consider any determination by the Secretary under the Food Security Act of 1985 that land previously determined to be prior-converted cropland or commenced-conversion wetland has reverted to wetland due to abandonment. (2) Wetlands For any land with respect to which the Secretary has made a wetland delineation, determination, or certification under section 1222 of the Food Security Act of 1985, the Chief of Engineers and the Administrator shall apply such delineation, determination, or certification when carrying out section 404 of the Federal Water Pollution Control Act. (b) Waters of the United States For purposes of the Federal Water Pollution Control Act, prior converted croplands under subsection (a)(1), and any parcel of land that is contiguous to, and owned by the same owner as, such prior converted croplands, are not waters of the United States. (c) Reliance The first sentence of section 1222(a)(6) of the Food Security Act of 1985 shall apply to enforcement actions under section 404 of the Federal Water Pollution Control Act. (d) Judicial review Notwithstanding section 706 of title 5, United States Code, a court reviewing any agency action of the Secretary, the Chief of Engineers, or the Administrator that is affected by this section shall decide de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions, and rules made. If the reviewing court determines that a statutory or regulatory provision relevant to its decision contains a gap or ambiguity, the court shall not interpret that gap or ambiguity as an implicit delegation of legislative rule making authority and shall not rely on such gap or ambiguity as a justification either for interpreting agency