‘‘(ii) prior converted cropland, except 
that, notwithstanding the determination of 
an area’s status as prior converted crop-
land by the Secretary of Agriculture, for 
the purposes of this Act, the final author-
ity regarding jurisdiction under this Act 
remains with the Administrator. 
‘‘(27) WASTE TREATMENT SYSTEM.— 
‘‘(A) IN
GENERAL.—The term ‘waste 
treatment system’ means a confined and dis-
crete system or structure that is specifically de-
signed and engineered to meet the requirements 
of this Act and that is determined by the Ad-
ministrator to be documented by the applicable 
permitting authority under section 402 or 404. 
‘‘(B) SPECIAL RULE.—A system or struc-
ture may not be documented as a waste treat-
ment system and the Administrator may not 
make a determination under subparagraph (A) 
if, after the date of enactment of this para-
graph, such system or structure is created in 
waters of the United States or results from the 
impoundment of waters of the United States. 
‘‘(C) 
GRANDFATHER.—Notwithstanding 
subparagraph (B), a waste treatment system in 
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existence and documented before the date of en-
actment of this paragraph may include a waste 
treatment system that was either originally cre-
ated in or resultant from the impoundment of 
waters of the United States if the discharge 
from such system meets applicable standards 
and limitations at the point of discharge in a 
manner similar to other discharges under this 
Act. 
‘‘(D) APPLICABILITY.—The definition con-
tained in this paragraph shall apply only for the 
purposes of paragraph (26). 
‘‘(28) PRIOR
CONVERTED
CROPLAND.—The 
term ‘prior converted cropland’ means a wetland as 
determined by the Secretary of Agriculture— 
‘‘(A) that has been converted by draining, 
dredging, filling, leveling, or other manipulation 
(including the removal of woody vegetation or 
any activity that results in impairing or reduc-
ing the flow and circulation of water) for the 
purpose of or to have the effect of making pos-
sible the production of an agricultural com-
modity without further application of the ma-
nipulations described herein if— 
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‘‘(i) such production would not have 
been possible but for the conversion; and 
‘‘(ii) before the conversion such land 
was wetland, farmed wetland, or farmed- 
wetland pasture; 
‘‘(B) on which such conversion occurred 
prior to December 23, 1985; 
‘‘(C) on which an agricultural commodity 
had been produced at least once before Decem-
ber 23, 1985; 
‘‘(D) that, as of December 23, 1985, did 
not support woody vegetation and met the fol-
lowing hydrologic criteria: 
‘‘(i) inundation was fewer than 15 
consecutive days during the growing season 
or 10 percent of the growing season, 
whichever is less, in most years (50 per-
cent chance or more); and 
‘‘(ii) if a pothole, playa, or pocosin, 
ponding was fewer than 7 consecutive days 
during the growing season in most years 
(50 percent chance or more) and satura-
tion was fewer than 14 consecutive days 
during the growing season most years (50 
percent chance or more); and 
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