33 U.S.C. § 709b — Flood hazard information

Page 229 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 709b and private persons for the purpose of recov- ering the cost of providing services pursuant to this section. Funds collected pursuant to this section shall be deposited into the account of the Treasury of the United States entitled ‘‘Con- tributions and Advances, Rivers and Harbor, Corps of Engineers (8862)’’ and shall be available until expended to carry out this section. No fees shall be collected from State, regional, or local governments or other non-Federal public agen- cies for services provided pursuant to this sec- tion, but the Secretary of the Army may accept funds voluntarily contributed by such entities for the purpose of expanding the scope of the services requested by the entities. (d) Institutions of higher education Notwithstanding section 4141 of title 10, in car- rying out this section, the Secretary may work with an institution of higher education, as de- termined appropriate by the Secretary. (e) Fiscal year limitation on expenditures The Secretary of the Army is authorized to ex- pend not to exceed $50,000,000 per fiscal year for the compilation and dissemination of informa- tion under this section. (Pub. L. 86–645, title II, § 206, July 14, 1960, 74 Stat. 500; Pub. L. 89–298, title II, § 220, Oct. 27, 1965, 79 Stat. 1089; Pub. L. 89–789, title II, § 206, Nov. 7, 1966, 80 Stat. 1422; Pub. L. 91–611, title II, § 225, Dec. 31, 1970, 84 Stat. 1832; Pub. L. 93–251, title I, § 64, Mar. 7, 1974, 88 Stat. 30; Pub. L. 101–640, title III, § 321, Nov. 28, 1990, 104 Stat. 4643; Pub. L. 106–53, title II, §§ 202, 216, Aug. 17, 1999, 113 Stat. 285, 293; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 113–121, title I, § 1030(h), June 10, 2014, 128 Stat. 1232; Pub. L. 116–260, div. AA, title I, § 111(a), Dec. 27, 2020, 134 Stat. 2625; Pub. L. 117–263, div. H, title LXXXI, § 8104, Dec. 23, 2022, 136 Stat. 3698.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, § 8104(1), inserted section catch- line. Subsec. (a). Pub. L. 117–263, § 8104(1), inserted heading. Subsec. (a)(1). Pub. L. 117–263, § 8104(1), (2)(B), des- ignated first sentence of subsec. (a) as par. (1), inserted heading, and inserted ‘‘identification of areas subject to floods due to accumulated snags and other debris,’’ after ‘‘inundation by floods of various magnitudes and frequencies,’’. Subsec. (a)(2). Pub. L. 117–263, § 8104(2)(A), designated second sentence of subsec. (a) as par. (2) and inserted heading. Subsec. (a)(3). Pub. L. 117–263, § 8104(2)(C), added par. (3). Subsecs. (d), (e). Pub. L. 117–263, § 8104(3), (4), added subsec. (d) and redesignated former subsec. (d) as (e). 2020—Subsec. (a). Pub. L. 116–260 inserted ‘‘, to avoid repetitive flooding impacts, to anticipate, prepare, and adapt to changing climatic conditions and extreme weather events, and to withstand, respond to, and re- cover rapidly from disruption due to the flood hazards’’ after ‘‘in planning to ameliorate the flood hazard’’. 2014—Subsec. (d). Pub. L. 113–121 substituted ‘‘$50,000,000’’ for ‘‘$15,000,000’’. 1999—Subsec. (b). Pub. L. 106–53, § 216, added subsec. (b). Former subsec. (b) redesignated (c). Pub. L. 106–53, § 202, inserted before period at end of third sentence ‘‘, but the Secretary of the Army may accept funds voluntarily contributed by such entities for the purpose of expanding the scope of the services requested by the entities’’. Subsecs. (c), (d). Pub. L. 106–53, § 216(1), redesignated subsecs. (b) and (c) as (c) and (d), respectively. 1990—Pub. L. 101–640 added subsec. (b) and redesig- nated former subsec. (b) as (c). 1974—Subsec. (b). Pub. L. 93–251 substituted ‘‘$15,000,000’’ for ‘‘$11,000,000’’. 1970—Subsec. (b). Pub. L. 91–611 substituted ‘‘$11,000,000’’ for ‘‘$7,000,000’’. 1966—Subsec. (a). Pub. L. 89–789, in amending subsec. (a) generally, substituted ‘‘political subdivisions there- of’’ for ‘‘municipalities’’ and ‘‘advice’’ for ‘‘engineering advice’’, inserted provision ‘‘to assure that Federal de- partments and agencies may take proper cognizance of flood hazards’’, provided for guidance of Federal and non-Federal interests and agencies and advice to other Federal agencies, and for surveys and guides upon re- quest of a State or political subdivision in lieu of sur- veys and studies for specific localities upon request of a State or responsible local governmental agency. Subsec. (b). Pub. L. 89–789 substituted ‘‘expend not to exceed $7,000,000 per fiscal year for the compilation and dissemination of information under this section’’ for ‘‘allot, from any appropriations hereafter made for flood control, sums not to exceed $2,500,000 in any one fiscal year for the compilation and dissemination of such information’’. 1965—Subsec. (b). Pub. L. 89–298 substituted ‘‘$2,500,000’’ for ‘‘$1,000,000’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ in subsec. (b) on au- thority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6. WATERSHED PLANNING AND TECHNICAL ASSISTANCE Pub. L. 117–263, div. H, title LXXXI, § 8119(b), Dec. 23, 2022, 136 Stat. 3711, provided that: ‘‘In providing assist- ance under section 22 of the Water Resources Develop- ment Act of 1974 (42 U.S.C. 1962d–16) or pursuant to sec- tion 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), the Secretary [of the Army] shall, upon request, pro- vide such assistance at a watershed scale.’’ PRIORITIZING FLOOD RISK RESILIENCY TECHNICAL ASSISTANCE Pub. L. 116–260, div. AA, title I, § 111(b), Dec. 27, 2020, 134 Stat. 2625, provided that: ‘‘In carrying out section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), the Secretary [of the Army] shall prioritize the provision of technical assistance to support flood risk resiliency planning efforts of economically disadvantaged com- munities or communities subject to repetitive flood- ing.’’ [For definition of ‘‘economically disadvantaged com- munity’’ as used in section 111(b) of div. AA of Pub. L. 116–260, set out above, see section 160 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.] § 709b. Flood hazard information The Secretary, the Administrator of the Fed- eral Emergency Management Agency, and the Administrator of the Soil Conservation Service shall take necessary actions, including the post- ing and distribution of information and the Page 230 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 709c preparation and distribution of educational ma- terials and programs, to ensure that informa- tion relating to flood hazard areas is generally available to the public. (Pub. L. 99–662, title IX, § 944, Nov. 17, 1986, 100 Stat. 4200; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ in text on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emer- gency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under sec- tion 313 of Title 6. ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2201 of this title. § 709c. Emergency communication of risk (a) Definitions In this section: (1) Affected government The term ‘‘affected government’’ means a State, local, or tribal government with juris- diction over an area that will be affected by a flood. (2) Annual operating plan The term ‘‘annual operating plan’’ means a plan prepared by the Secretary that describes potential water condition scenarios for a river basin for a year. (b) Communication In any river basin where the Secretary carries out flood risk management activities subject to an annual operating plan, the Secretary shall establish procedures for providing the public and affected governments, including Indian tribes, in the river basin with— (1) timely information regarding expected water levels; (2) advice regarding appropriate prepared- ness actions; (3) technical assistance; and (4) any other information or assistance de- termined appropriate by the Secretary. (c) Public availability of information To the maximum extent practicable, the Sec- retary, in coordination with the Administrator of the Federal Emergency Management Agency, shall make the information required under sub- section (b) available to the public through wide- ly used and readily available means, including on the Internet. (d) Procedures The Secretary shall use the procedures estab- lished under subsection (b) only when precipita- tion or runoff exceeds those calculations consid- ered as the lowest risk to life and property con- templated by the annual operating plan. (Pub. L. 113–121, title III, § 3027, June 10, 2014, 128 Stat. 1305.) Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. CHAPTER 16—LIGHTHOUSES Sec. 711 to 734. Repealed or Transferred. 735. Marking pierheads in certain lakes. 736 to 776. Repealed or Transferred. §§ 711 to 713. Repealed. Pub. L. 117–263, div. K, title CXVIII, § 11808(a)(2)–(4), Dec. 23, 2022, 136 Stat. 4165 Section 711, acts June 17, 1910, ch. 301, § 4, 36 Stat. 537; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 5, 1920, ch. 264, § 2, 41 Stat. 1059; July 3, 1930, ch. 850, 46 Stat. 1003; Aug. 16, 1937, ch. 665, § 4, 50 Stat. 667, related to establish- ment of Bureau of Lighthouses, personnel, salaries, and annual reports. Act June 5, 1920, ch. 264, § 2, 41 Stat. 1059, formerly classified to section 711 of this title, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 644. Section 712, acts July 27, 1912, ch. 255, § 2, 37 Stat. 239; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, authorized designa- tion of acting commissioner. Section 713, acts June 17, 1910, ch. 301, § 10, 36 Stat. 538; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, related to regu- lations for Lighthouse Service. §§ 714, 715. Repealed. Pub. L. 117–263, div. K, title CXVIII, § 11808(a)(5), (6), Dec. 23, 2022, 136 Stat. 4165 Section 714, acts June 17, 1910, ch. 301, § 6, 36 Stat. 538; acts Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, transferred du- ties of Lighthouse Board to Commissioner of Light- houses. Section 715, act June 17, 1910, ch. 301, § 5, 36 Stat. 537, related to transfer of employees. Statutory Notes and Related Subsidiaries OPERATION OF REPEALS Pub. L. 117–263, div. K, title CXVIII, § 11808(b), Dec. 23, 2022, 136 Stat. 4166, provided that: ‘‘The repeals under paragraphs (5) and (6) of subsection (a) [repealing sec- tions 714 and 715 of this title] shall not affect the oper- ation of section 103 of title 14, United States Code.’’ § 716. Repealed. Aug. 4, 1949, ch. 393, § 20, 63 Stat. 561 Section, acts June 17, 1910, ch. 301, § 9, 36 Stat. 538; July 27, 1939, ch. 388, § 1, 53 Stat. 1130, related to em- ployment of temporary draftsmen. See section 902 of Title 14, Coast Guard. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective first day of third month after ap- proval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard. § 717. Repealed. Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8512(a)(5), Jan. 1, 2021, 134 Stat. 4759 Section, act June 17, 1910, ch. 301, § 11, 36 Stat. 539, re- lated to detail of Army engineers as construction aids.