--- kind: "section" citation: "43 U.S.C. § 485g" title: "43" title_heading: "Public Lands" number: "485g" heading: "Classification of lands" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/43/485g" units: - "Chapter 12 — Reclamation and Irrigation of Lands by Federal Government" - "Subchapter X — Payment of Construction Charges" --- # §485g. Classification of lands - (a) **Generally—** The [Secretary](/usc/43/485a.md?p=b) 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](/usc/43/485a.md?p=c). - (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](/usc/43/485a.md?p=g) or duly authorized representatives of the water users, in the form required by [subsection (c)](#c) of this section has been made of the [Secretary](/usc/43/485a.md?p=b). The [Secretary](/usc/43/485a.md?p=b) 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](/usc/43/485a.md?p=b) for a land classification or reclassification under this section, the [organization](/usc/43/485a.md?p=g) 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](/usc/43/485a.md?p=a), and shall furnish also such data relating thereto as the [Secretary](/usc/43/485a.md?p=b) by regulation may require. - (d) **Primary determination—** Upon receipt of any such request the [Secretary](/usc/43/485a.md?p=b) 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](/usc/43/485a.md?p=c), including its contractual relations with the United States. - (e) **Probable justification—** If the [Secretary](/usc/43/485a.md?p=b) 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](/usc/43/485a.md?p=c) 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](/usc/43/485a.md?p=g) involved. On determining probable justification for the requested classification or reclassification as provided in this section, the [Secretary](/usc/43/485a.md?p=b) shall estimate the cost of the work involved and shall submit a statement of the estimated cost to said [organization](/usc/43/485a.md?p=g). Said [organization](/usc/43/485a.md?p=g), 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](/usc/43/485a.md?p=b) 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](/usc/43/485a.md?p=b) for the purposes for which they are advanced, until the work is completed or abandoned. After completion or abandonment of the work, the [Secretary](/usc/43/485a.md?p=b), shall determine the actual costs thereof; and said [organization](/usc/43/485a.md?p=g) 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](/usc/43/485a.md?p=b) a classification or reclassification pursuant to the provisions of this section is a necessary preliminary to entering into a contract under section [485b](/usc/43/485b.md) or [485c](/usc/43/485c.md)[^1] of this title, he may require the same as a condition precedent to entering into such a contract. - (h) **Modification of existing obligations—** No modification of any existing obligation to pay [construction charges](/usc/43/485a.md?p=d) on any [project](/usc/43/485a.md?p=c) 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](/usc/43/485a.md?p=b) made in a report under [subsection (f)](#f) of this section. ## Footnotes [^1]: See References in Text note below. ## Source credit (Aug. 4, 1939, ch. 418, § 8, 53 Stat. 1192; Pub. L. 93–608, § 1(18), Jan. 2, 1975, 88 Stat. 1970.) ## Notes ### Editorial Notes ### 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, § 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.