Title 33, Navigation and Navigable WatersRelease 119-110

§709c Emergency Communication of Risk

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary must set up procedures to give the public and affected governments, including Indian tribes, in any river basin with an annual operating plan timely information about expected water levels, advice on how to prepare, technical help, and any other assistance the Secretary finds appropriate. Working with FEMA, the Secretary must make this information available to the public by commonly used means, including the Internet, as much as possible. These procedures are used only when precipitation or runoff go above the annual plan’s lowest-risk levels for life and property. Affected government: a State, local, or tribal government over an area that will be hit by flooding. Annual operating plan: a yearly plan the Secretary makes that describes possible water conditions for a river basin.

Full Legal Text

Title 33, §709c

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Affected government
(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 preparedness actions;
(3)technical assistance; and
(4)any other information or assistance determined appropriate by the Secretary.
(c)Public availability of information
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)Procedures
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 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110