§ 485g. Classification of lands

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1939

   Pub. L. 76–418 § 8 · 53 Stat. 1187

   Enacted · 43 U.S.C. § 485g

   Aug. 4, 1939, ch. 418, § 8, 53 Stat. 1192

   Source evidence

   Code source credit
   Aug. 4, 1939, ch. 418, § 8, 53 Stat. 1192

   Enacted provision · exact public law section
   Sec. 8. (a) The Secretary is hereby authorized and directed in Classification of lands. 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) No classification or reclassification pursuant to the authority Request required. of this Act 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, Secretary to plan 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) In any request made to the Secretary for a land classification Request for land classification to be accompanied by list of lands to be examined. 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 nonpro-ductive, 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) Upon receipt of any such request the Secretary shall make a Preliminary determination. 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) If the Secretary finds probable justification and if the advance Classification if deemed justifiable. 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) As soon as practicable after completion of the classification Report to Congress. work undertaken pursuant to this section, or from time to time, the Secretary shall report to Congress on the classifications and reclassifications made and shall include in his report, as to each project involved, his recommendations, if any, for remedial legislation. (g) One-half of the expense involved in any classification work Division of expense. 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 Advance payment. 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 Determination of actual costs; payment by organization. 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. (h) If in the judgment of the Secretary a classification or reclassification Classification or reclassification if necessary. pursuant to the provisions of this section is a necessary preliminary to entering into a contract under section 3 or 4 of this Act, he may require the same as a condition precedent to entering into such a contract. (i) No modification of any existing obligation to pay construction Modification of existing obligation to pay charges, limitation. 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.

2. 1975

   Pub. L. 93–608 § 1(18) · 88 Stat. 1967

   Redesignated · 43 U.S.C. § 485g(f)(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Section 3 of the Act entitled “An Act to authorize the expenditure Repeal. of funds through grants for support of scientific research, and for other purposes”, approved September 6, 1958 (72 Stat. 1793; 42 U.S.C. 1893), is repealed, thereby eliminating the annual report under such Act to the appropriate committees of both Houses of Congress concerning grants for basic scientific research.

2 of 2 references resolved to an enrolled provision