§ 709a. — Information on floods and flood damage.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC709a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 709a. Information on floods and flood damage
(a) Compilation and dissemination
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, 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. 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.
(b) Flood prevention coordination
The Secretary shall coordinate with the Director 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) Fiscal year limitation on expenditures
The Secretary of the Army is authorized to expend not to exceed
$15,000,000 per fiscal year for the compilation and dissemination of
information under this section.
(Pub. L. 86-645, title II, Sec. 206, July 14, 1960, 74 Stat. 500; Pub.
L. 89-298, title II, Sec. 220, Oct. 27, 1965, 79 Stat. 1089; Pub. L. 89-
789, title II, Sec. 206, Nov. 7, 1966, 80 Stat. 1422; Pub. L. 91-611,
title II, Sec. 225, Dec. 31, 1970, 84 Stat. 1832; Pub. L. 93-251, title
I, Sec. 64, Mar. 7, 1974, 88 Stat. 30; Pub. L. 101-640, title III,
Sec. 321, Nov. 28, 1990, 104 Stat. 4643; Pub. L. 106-53, title II,
Secs. 202, 216, Aug. 17, 1999, 113 Stat. 285, 293.)
Amendments
1999--Subsec. (b). Pub. L. 106-53, Sec. 216, added subsec. (b).
Former subsec. (b) redesignated (c).
Pub. L. 106-53, Sec. 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, Sec. 216(1), redesignated
subsecs. (b) and (c) as (c) and (d), respectively.
1990--Pub. L. 101-640 added subsec. (b) and redesignated 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 thereof'' for
``municipalities'' and ``advice'' for ``engineering advice'', inserted
provision ``to assure that Federal departments 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 request of a State or
political subdivision in lieu of surveys 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''.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
Federal Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating thereto, to
the Secretary of Homeland Security, and for treatment of related
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
