33 U.S.C. § 709a — Information on floods and flood damage

Page 228 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 709 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. REPEALS Act May 23, 1952, § 1(b), repealed paragraph (59) of sec- tion 1 of act Oct. 31, 1951, ch. 654, 65 Stat. 703, which had previously repealed this section. SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. CONVERSION OF SURPLUS WATER AGREEMENTS Pub. L. 114–322, title I, § 1174, Dec. 16, 2016, 130 Stat. 1673, provided that: ‘‘For the purposes of section 6 of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708), in any case in which a water supply agreement with a duration of 30 years or longer was predicated on water that was surplus to a purpose and provided for the complete payment of the actual in- vestment costs of storage to be used, and that purpose is no longer authorized as of the date of enactment of this section [Dec. 16, 2016], the Secretary [of the Army] shall provide to the non-Federal entity an opportunity to convert the agreement to a permanent storage agreement in accordance with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), with the same pay- ment terms incorporated in the agreement.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of certain personal property and func- tions relating thereto, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Depart- ment of the Air Force, see Secretary of Defense Trans- fer Order No. 39, eff. May 18, 1949, and 40 [App. B (98)], July 22, 1949. § 709. Regulations for use of storage waters; ap- plication to Tennessee Valley Authority On and after December 22, 1944, it shall be the duty of the Secretary of the Army to prescribe regulations for the use of storage allocated for flood control or navigation at all reservoirs con- structed wholly or in part with Federal funds provided on the basis of such purposes, and the operation of any such project shall be in accord- ance with such regulations: Provided, That this section shall not apply to the Tennessee Valley Authority, except that in case of danger from floods on the Lower Ohio and Mississippi Rivers the Tennessee Valley Authority is directed to regulate the release of water from the Tennessee River into the Ohio River in accordance with such instructions as may be issued by the De- partment of the Army. (Dec. 22, 1944, ch. 665, § 7, 58 Stat. 890; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. § 709a. Information on floods and flood damage (a) Compilation and dissemination (1) In general In recognition of the increasing use and de- velopment of the flood plains of the rivers of the United States and of the need for informa- tion on flood hazards to serve as a guide to such development, and as a basis for avoiding future flood hazards by regulation of use by States and political subdivisions thereof, and to assure that Federal departments and agen- cies may take proper cognizance of flood haz- ards, the Secretary of the Army, through the Chief of Engineers, is hereby authorized to compile and disseminate information on floods and flood damages, including identification of areas subject to inundation by floods of var- ious magnitudes and frequencies, identifica- tion of areas subject to floods due to accumu- lated snags and other debris, and general cri- teria for guidance of Federal and non-Federal interests and agencies in the use of flood plain areas; and to provide advice to other Federal agencies and local interests for their use in planning to ameliorate the flood hazard, to avoid repetitive flooding impacts, to antici- pate, prepare, and adapt to changing climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to the flood hazards. (2) Surveys and guides Surveys and guides will be made for States and political subdivisions thereof only upon the request of a State or a political subdivi- sion thereof, and upon approval by the Chief of Engineers, and such information and advice provided them only upon such request and ap- proval. (3) Identification of assistance (A) In general To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and commu- nicate to States and non-Federal interests specific opportunities to partner with the Corps of Engineers to address flood hazards. (B) Coordination The Secretary shall coordinate activities under this paragraph with activities de- scribed in section 1962d–16 of title 42. (b) Flood prevention coordination The Secretary shall coordinate with the Ad- ministrator of the Federal Emergency Manage- ment Agency and the heads of other Federal agencies to ensure that flood control projects and plans are complementary and integrated to the extent practicable and appropriate. (c) Fees The Secretary of the Army is authorized to es- tablish and collect fees from Federal agencies 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