Title 33Navigation and Navigable WatersRelease 119-73not60

§709c Emergency Communication of Risk

Title 33 › Chapter 15— FLOOD CONTROL › § 709c

Last updated Apr 5, 2026|Official source

Summary

Affected government — a State, local, or tribal government that covers an area a flood will hit. Annual operating plan — the Secretary’s yearly plan that lays out likely water and flow scenarios for a river basin. Requires the Secretary to create procedures in any river basin using an annual operating plan to give the public and affected governments, including Indian tribes, timely water-level forecasts, advice on how to prepare, technical help, and any other needed assistance. The Secretary must, as much as possible and working with the FEMA Administrator, share this information widely, including online. These procedures may be used only when precipitation or runoff is higher than the lowest-risk scenario in the annual operating plan.

Full Legal Text

Title 33, §709c

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In this section:
(1)The term “affected government” means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood.
(2)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)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 preparedness actions;
(3)technical assistance; and
(4)any other information or assistance determined appropriate by the Secretary.
(c)To the maximum extent practicable, the Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall make the information required under subsection (b) available to the public through widely used and readily available means, including on the Internet.
(d)The Secretary shall use the procedures established under subsection (b) only when precipitation or runoff exceeds those calculations considered as the lowest risk to life and property contemplated by the annual operating plan.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 709c

Title 33Navigation and Navigable Waters

Last Updated

Apr 5, 2026

Release point: 119-73not60