---
kind: "section"
citation: "33 U.S.C. § 709c"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "709c"
heading: "Emergency communication of risk"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/709c"
units:
  - "Chapter 15 — Flood Control"
---

# §709c. Emergency communication of risk

- (a) **Definitions—** In this section:
  - (1) **Affected government—** The term “affected government” means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood.
  - (2) **Annual operating plan—** The term “annual operating plan” means a plan prepared by the [Secretary](/usc/33/426h–1.md?p=2) that describes potential water condition scenarios for a river basin for a year.
- (b) **Communication—** In any river basin where the [Secretary](/usc/33/426h–1.md?p=2) carries out flood risk management activities subject to an annual operating plan, the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/33/426h–1.md?p=2).
- (c) **Public availability of information—** To the maximum extent practicable, the [Secretary](/usc/33/426h–1.md?p=2), in coordination with the Administrator of the Federal Emergency Management Agency, shall make the information required under [subsection (b)](#b) available to the public through widely used and readily available means, including on the Internet.
- (d) **Procedures—** The [Secretary](/usc/33/426h–1.md?p=2) shall use the procedures established under [subsection (b)](#b) only when precipitation or runoff exceeds those calculations considered as the lowest risk to life and property contemplated by the annual operating plan.

## Source credit

(Pub. L. 113–121, title III, § 3027, June 10, 2014, 128 Stat. 1305.)

## Notes

### 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.
