§ 709a. Information on floods and flood damage

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1960

   Flood Control Act of 1960

   Pub. L. 86–645 title II § 206 · 74 Stat. 480

   Enacted · 33 U.S.C. § 709a

   Pub. L. 86–645, title II, § 206, July 14, 1960, 74 Stat. 500

   Source evidence

   Code source credit
   Pub. L. 86–645, title II, § 206, July 14, 1960, 74 Stat. 500

   Enacted provision · exact public law section
   Sec. 206. (a) That, 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 municipalities, the Secretary of the Army, through the Chief of Engineers, Department of the Army, 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 in the use of flood plain areas; and to provide engineering advice to local interests for their use in planning to ameliorate the flood hazard: Provided, That the necessary surveys and studies will be made and such information and advice will be provided for specific localities only upon the request of a State or a responsible local governmental agency and upon approval by the Chief of Engineers. (b) The Secretary of the Army is hereby authorized to allot, from any appropriations hereafter made for flood control, sums not to exceed $1,000,000 in any one fiscal year for the compilation and dissemination of such information.

2. 1965

   Pub. L. 89–298 title II § 220 · 79 Stat. 1073

   Substituted · 33 U.S.C. § 709a(b)

   Pub. L. 89–298 substituted “$2,500,000” for “$1,000,000”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–298 substituted “$2,500,000” for “$1,000,000”.

   Enacted provision · exact public law section
   Sec. 220. Section 206(b) of the Flood Control Act of 1960 (33 Information compilation. 74 Stat. 500. U.S.C. 709a) is amended by striking out “$1,000,000” and inserting in lieu thereof “$2,500,000”.

3. 1966

   Flood Control Act of 1966

   Pub. L. 89–789 title II § 206 · 80 Stat. 1405

   1. Changed · 33 U.S.C. § 709a(a)

      Pub. L. 89–789, in amending subsec. (a) generally

   2. Substituted · 33 U.S.C. § 709a(a)

      Pub. L. 89–789, in substituted “political subdivisions thereof” for “municipalities”

   3. Substituted · 33 U.S.C. § 709a(a)

      Pub. L. 89–789, in substituted “advice” for “engineering advice”

   4. Inserted · 33 U.S.C. § 709a(a)

      Pub. L. 89–789, in 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 206. Section 206 of the Flood Control Act of 1960 (74 Stat. 500) is amended to read as follows: “Sec. 206. (a) 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) The Secretary of the Army is authorized to expend not to Appropriation. exceed $7,000,000 per fiscal year for the compilation and dissemination of information under this section.”

4. 1966

   Flood Control Act of 1966

   Pub. L. 89–789 title II § 206 · 80 Stat. 1405

   Substituted · 33 U.S.C. § 709a(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 206. Section 206 of the Flood Control Act of 1960 (74 Stat. 500) is amended to read as follows: “Sec. 206. (a) 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) The Secretary of the Army is authorized to expend not to Appropriation. exceed $7,000,000 per fiscal year for the compilation and dissemination of information under this section.”

5. 1970

   Flood Control Act of 1970

   Pub. L. 91–611 title II § 225 · 84 Stat. 1818

   Substituted · 33 U.S.C. § 709a(b)

   Pub. L. 91–611 substituted “$11,000,000” for “$7,000,000”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 91–611 substituted “$11,000,000” for “$7,000,000”.

   Enacted provision · exact public law section
   Sec. 225. Subsection (b) of section 206 of the Flood Control Act of 80 Stat. 1422. 1960, as amended (33 U.S.C. 709a), is further amended by striking out “$7,000,000” and inserting in lieu thereof “$11,000,000.”’

6. 1974

   Pub. L. 93–251 title I § 64 · [88 Stat. 12]

   Substituted · 33 U.S.C. § 709a(b)

   Pub. L. 93–251 substituted “$15,000,000” for “$11,000,000”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–251 substituted “$15,000,000” for “$11,000,000”.

   Enacted provision · exact public law section
   Sec. 64. Subsection (b) of section 206 of the Flood Control Act of 1960, as amended (33 U.S.C. 709a), is further amended by striking out “$11,000,000” and inserting in lieu thereof “$15,000,000”.

7. 1990

   Water Resources Development Act of 1990

   Pub. L. 101–640 title III § 321 · 104 Stat. 4604

   1. Added · 33 U.S.C. § 709a

      Pub. L. 101–640 added subsec. (b)

   2. Redesignated · 33 U.S.C. § 709a

      Pub. L. 101–640 redesignated former subsec. (b) as (c)

   Source evidence

   Code amendment note
   Pub. L. 101–640 added subsec. (b) and redesignated former subsec. (b) as (c).

   Enacted provision · exact public law section
   SEC. 321. INFORMATION ON FLOODS AND FLOOD DAMAGES. Section 206 of the Flood Control Act of 1960 (74 Stat. 50C, 33 U.S.C. 709a), is amended— (1) by redesignating subsection (b), and any reference thereto, as subsection (c); and (2) by inserting after subsection (a) the following new subsection: “(b) 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.”.

8. 1999

   Pub. L. 106–53 § 216 · 113 Stat. 269

   Redesignated · 33 U.S.C. § 709a(b)

   Pub. L. 106–53, § 216, added subsec. (b). Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–53, § 216, added subsec. (b). Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   SEC. 216. FLOOD PREVENTION COORDINATION. Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: “(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.”.

9. 1999

   Pub. L. 106–53 § 202 · 113 Stat. 269

   Inserted · 33 U.S.C. § 709a(b)

   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”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   SEC. 202. USE OF NON-FEDERAL FUNDS FOR COMPILING AND DISSEMINATING INFORMATION ON FLOODS AND FLOOD DAMAGE. Section 206(b) of the Flood Control Act of 1960 (33 U.S.C. 709a(b)) is amended in the third sentence by inserting before the period at the end the following: “, 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”.

10. 1999

    Pub. L. 106–53 § 216(1) · 113 Stat. 269

    Redesignated · 33 U.S.C. § 709a(c); 33 U.S.C. § 709a(d)

    Pub. L. 106–53, § 216(1), redesignated subsecs. (b) and (c) as (c) and (d), respectively

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 106–53, § 216(1), redesignated subsecs. (b) and (c) as (c) and (d), respectively.

    Enacted provision · exact public law section
    (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

11. 2014

    Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 title I § 1030(h) · 128 Stat. 1193

    Substituted · 33 U.S.C. § 709a(d)

    Pub. L. 113–121 substituted “$50,000,000” for “$15,000,000”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 113–121 substituted “$50,000,000” for “$15,000,000”.

    Enacted provision · exact public law section
    (h) Floodplain Management Services.— Section 206(d) of the Flood Control Act of 1960 (33 U.S.C. 709a(d)) is amended by striking “$15,000,000” and inserting “$50,000,000”.

12. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 div. AA title I § 111(a) · 134 Stat. 1182

    Inserted · 33 U.S.C. § 709a(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 recover rapidly from disruption due to the flood hazards” after “in planning to ameliorate the flood hazard”

    Source evidence

    Code amendment note
    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 recover rapidly from disruption due to the flood hazards” after “in planning to ameliorate the flood hazard”.

    Enacted provision · exact public law section
    Sec. 111. Amounts provided by this Act for the Hollings Manufacturing Extension Partnership under the heading “National Institute of Standards and Technology—Industrial Technology Services” shall not be subject to cost share requirements under 15 U.S.C. 278k(e)(2): Provided, That the authority made available pursuant to this section shall be elective for any Manufacturing Extension Partnership Center that also receives funding from a State that is conditioned upon the application of a Federal cost sharing requirement.

13. 2022

    Water Resources Development Act of 2022

    Pub. L. 117–263 § 8104(1) · 136 Stat. 2395

    Inserted · 33 U.S.C. § 709a

    Pub. L. 117–263, § 8104(1), inserted section catchline

    Source evidence

    Code amendment note
    Pub. L. 117–263, § 8104(1), inserted section catchline.

    Enacted provision · exact public law section
    (1) by striking “Sec. 206. (a) In recognition” and inserting the following: “SEC. 206. INFORMATION ON FLOODS AND FLOOD DAMAGE. “(a) Compilation and Dissemination.— “(1) In general.— In recognition” ;

14. 2022

    Water Resources Development Act of 2022

    Pub. L. 117–263 § 8104(1) · 136 Stat. 2395

    Inserted · 33 U.S.C. § 709a(a)

    Pub. L. 117–263, § 8104(1), inserted heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–263, § 8104(1), inserted heading.

    Enacted provision · exact public law section
    (1) by striking “Sec. 206. (a) In recognition” and inserting the following: “SEC. 206. INFORMATION ON FLOODS AND FLOOD DAMAGE. “(a) Compilation and Dissemination.— “(1) In general.— In recognition” ;

15. 2022

    Water Resources Development Act of 2022

    Pub. L. 117–263 § 8104(1) · 136 Stat. 2395

    1. Amended · 33 U.S.C. § 709a(a)(1)

       Pub. L. 117–263, § 8104(1), (2)(B), designated first sentence of subsec. (a) as par. (1)

    2. Inserted · 33 U.S.C. § 709a(a)(1)

       Pub. L. 117–263, § 8104(1), (2)(B), inserted heading

    3. Inserted · 33 U.S.C. § 709a(a)(1)

       Pub. L. 117–263, § 8104(1), (2)(B), inserted “identification of areas subject to floods due to accumulated snags and other debris,” after “inundation by floods of various magnitudes and frequencies,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–263, § 8104(1), (2)(B), designated 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,”.

    Enacted provision · exact public law section
    (1) by striking “Sec. 206. (a) In recognition” and inserting the following: “SEC. 206. INFORMATION ON FLOODS AND FLOOD DAMAGE. “(a) Compilation and Dissemination.— “(1) In general.— In recognition” ;

16. 2022

    Water Resources Development Act of 2022

    Pub. L. 117–263 § 8104(2)(A) · 136 Stat. 2395

    1. Amended · 33 U.S.C. § 709a(a)(2)

       Pub. L. 117–263, § 8104(2)(A), designated second sentence of subsec. (a) as par. (2)

    2. Inserted · 33 U.S.C. § 709a(a)(2)

       Pub. L. 117–263, § 8104(2)(A), inserted heading

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 117–263, § 8104(2)(A), designated second sentence of subsec. (a) as par. (2) and inserted heading.

    Enacted provision · exact public law section
    (A) in the second sentence, by striking “Surveys and guides” and inserting the following: “(2) Surveys and guides.— Surveys and guides” ;

17. 2022

    Water Resources Development Act of 2022

    Pub. L. 117–263 § 8104(2)(C) · 136 Stat. 2395

    Added · 33 U.S.C. § 709a(a)(3)

    Pub. L. 117–263, § 8104(2)(C), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 117–263, § 8104(2)(C), added par. (3).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(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 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16).” ;

18. 2022

    Water Resources Development Act of 2022

    Pub. L. 117–263 § 8104(3) · 136 Stat. 2395

    1. Added · 33 U.S.C. § 709a(d); 33 U.S.C. § 709a(e)

       Pub. L. 117–263, § 8104(3), (4), added subsec. (d)

    2. Redesignated · 33 U.S.C. § 709a(d); 33 U.S.C. § 709a(e)

       Pub. L. 117–263, § 8104(3), (4), redesignated former subsec. (d) as (e)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 117–263, § 8104(3), (4), added subsec. (d) and redesignated former subsec. (d) as (e).

    Enacted provision · exact public law section
    (3) by redesignating subsection (d) as subsection (e); and

26 of 26 references resolved to an enrolled provision