§ 485g. — Classification of lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC485g]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER X--PAYMENT OF CONSTRUCTION CHARGES
Sec. 485g. Classification of lands
(a) Generally
The Secretary is authorized and directed in the manner hereinafter
provided to classify or to reclassify, from time to time but not more
often than at five-year intervals, as to irrigability and productivity
those lands which have been, are, or may be included within any project.
(b) Necessity for request
No classification or reclassification pursuant to the authority of
this subchapter shall be undertaken unless a request therefor, by an
organization or duly authorized representatives of the water users, in
the form required by subsection (c) of this section has been made of the
Secretary. The Secretary shall plan the classification work, undertaken
pursuant to the authority of this section, in such manner as in his
judgment will result in the most expeditious completion of the work.
(c) Furnishing data
In any request made to the Secretary for a land classification or
reclassification under this section, the organization or representatives
of the water users shall furnish a list of those lands which are
considered to be of comparatively low productivity or to be
nonproductive, and of those lands which are considered to be of greater
or lesser productivity than indicated by existing classifications, if
any, made pursuant to the Federal reclamation laws, and shall furnish
also such data relating thereto as the Secretary by regulation may
require.
(d) Primary determination
Upon receipt of any such request the Secretary shall make a
preliminary determination whether the requested land classification or
reclassification probably is justified by reason of the conditions of
the lands involved and other pertinent conditions of the project,
including its contractual relations with the United States.
(e) Probable justification
If the Secretary finds probable justification and if the advance to
the United States hereinafter required is made, he shall undertake as
soon as practicable the classification or reclassification of the lands
listed in the request, and of any other lands which have been, are, or
may be included within the project involved and which in his judgment
should be classified or reclassified.
(f) Expenses
One-half of the expense involved in any classification work
undertaken pursuant to this section shall be charged to operation and
maintenance administration nonreimbursable; and one-half shall be paid
in advance by the organization involved. On determining probable
justification for the requested classification or reclassification as
provided in this section, the Secretary shall estimate the cost of the
work involved and shall submit a statement of the estimated cost to said
organization. Said organization, before commencement of the work, shall
advance to the United States one-half of the amount set forth in said
statement and also shall advance one-half of the amount of supplementary
estimates of costs which the Secretary may find it necessary to make
from time to time during the progress of the work; and said amounts
shall be and remain available for expenditure by the Secretary for the
purposes for which they are advanced, until the work is completed or
abandoned. After completion or abandonment of the work, the Secretary,
shall determine the actual costs thereof; and said organization shall
pay any additional amount required to make its total payments hereunder
equal to one-half of the actual cost or shall be credited with any
amount by which advances made by it exceed one-half of said actual cost,
as the case may be.
(g) Classification as prerequisite to contract
If in the judgment of the Secretary a classification or
reclassification pursuant to the provisions of this section is a
necessary preliminary to entering into a contract under section 485b or
485c \1\ of this title, he may require the same as a condition precedent
to entering into such a contract.
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\1\ See References in Text note below.
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(h) Modification of existing obligations
No modification of any existing obligation to pay construction
charges on any project shall be made by reason of any classification or
reclassification undertaken pursuant to this section without express
authority therefor granted by Congress upon recommendations of the
Secretary made in a report under subsection (f) of this section.
(Aug. 4, 1939, ch. 418, Sec. 8, 53 Stat. 1192; Pub. L. 93-608,
Sec. 1(18), Jan. 2, 1975, 88 Stat. 1970.)
References in Text
The Federal reclamation laws, referred to in subsec. (c), are
defined in section 485a of this title.
Section 485c of this title, referred to in subsec. (g), was repealed
by Pub. L. 85-611, Sec. 3, Aug. 8, 1958, 72 Stat. 543.
Amendments
1975--Subsecs. (f) to (i). Pub. L. 93-608 redesignated subsecs. (g)
to (i) as (f) to (h), respectively. Former subsec. (f), which required a
report to Congress by the Secretary on classifications and
reclassifications or project lands, was struck out.
