§ 709a. Information on floods and flood damage

1,400 words·~6 min read·/usc/title-33/section-709a

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(a)Compilation and dissemination

(1)In general In recognition of the increasing use and development of the flood plains of the rivers of the United States and of the need for information 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 agencies may take proper cognizance of flood hazards, 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 various magnitudes and frequencies, identification of areas subject to floods due to accumulated snags and other debris, and general criteria 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 anticipate, 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 subdivision thereof, and upon approval by the Chief of Engineers, and such information and advice provided them only upon such request and approval.

(3)Identification of assistance

(A)In general To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate 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 described in section 1962d–16 of title 42.

(b)Flood prevention coordination The Secretary shall coordinate with the Administrator of the Federal Emergency Management 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 establish and collect fees from Federal agencies and private persons for the purpose of recovering 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 “Contributions 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 agencies for services provided pursuant to this section, 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 carrying out this section, the Secretary may work with an institution of higher education, as determined appropriate by the Secretary.

(e)Fiscal year limitation on expenditures The Secretary of the Army is authorized to expend not to exceed $50,000,000 per fiscal year for the compilation and dissemination of information 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.)

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