I 

112TH CONGRESS 

2D SESSION H. R. 5717 

To require the Army Corps of Engineers to notify the public of certain 

flood predictions regarding the Missouri River System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2012 

Mrs. NOEM (for herself and Mr. BERG) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure 

A BILL 

To require the Army Corps of Engineers to notify the public 

of certain flood predictions regarding the Missouri River 

System, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Army Corps of Engi5 neers Communications Accountability Act of 2012’’. 

6 SEC. 2. NOTIFICATION AND CONSULTATION REQUIRE7 MENTS. 

8 (a) IN GENERAL.—If the Chief of Engineers makes 

9 an upper quartile determination or an upper decile deter10 mination, the Chief of Engineers shall notify the public 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 5717 IH

1 of such determination, and consult with affected govern2 ments, in accordance with this section. 

3 (b) NOTIFICATION.—Not later than 7 days after 

4 making a determination described in subsection (a), the 

5 Chief of Engineers shall notify the public that such deter6 mination has been made. 

7 (c) CONSULTATION.— 

8 (1) IN GENERAL.—If the Chief of Engineers 

9 makes an upper decile determination, an affected 

10 government may request a consultation with the 

11 Chief of Engineers. 

12 (2) DEADLINE.—If an affected government re13 quests a consultation under paragraph (1), the Chief 

14 of Engineers shall provide such consultation not 

15 later than 7 days after receiving the request. 

16 (3) CONTENTS.—The Chief of Engineers may 

17 provide in a consultation under this subsection— 

18 (A) information regarding expected water 

19 levels; 

20 (B) advice regarding appropriate prepared21 ness actions; 

22 (C) technical assistance; and 

23 (D) any other information or assistance 

24 determined appropriate by the Chief of Engi25 neers. 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 5717 IH

1 (d) DEFINITIONS.—In this section: 

2 (1) AFFECTED GOVERNMENT.—The term ‘‘af3 fected government’’ means a State, local, or tribal 

4 government with jurisdiction over an area that will 

5 be affected by a flood occurring in the Missouri 

6 River System, as determined by the Chief of Engi7 neers in an upper decile determination. 

8 (2) ANNUAL OPERATING PLAN.—The term ‘‘an9 nual operating plan’’ means a plan prepared by the 

10 Chief of Engineers that describes potential water 

11 conditions scenarios for the Missouri River System 

12 for a year. 

13 (3) UPPER DECILE DETERMINATION.—The 

14 term ‘‘upper decile determination’’ means a deter15 mination that runoff conditions in the Missouri 

16 River System are likely to reach the upper decile 

17 scenario specified for a year in an annual operating 

18 plan. 

19 (4) UPPER QUARTILE DETERMINATION.—The 

20 term ‘‘upper quartile determination’’ means a deter21 mination that runoff conditions in the Missouri 

22 River System are likely to reach the upper quartile 

23 scenario specified for a year in an annual operating 

24 plan. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS