The 97.403?

https://www.ecfr.gov/current/title-47/chapter-I/subchapter-D...

> No provision of these rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available.

That rule applies only to amateur stations (it says so right in the text!), not unlicenced individuals. What an amateur station is is defined in the beggining of the document, and yes, that requires the a duly-authroized (licenced) operator.

The last thing you want in an emergency event is some prepper with a baofeng transmitting on a repeaters frequency without a subtone set (because he's too stupid to pass an exam that 10yo kids can pass) effectively jamming it for proper emergency users. The other thing is, that chances are no one will actually hear you, especially on simplex. With tools like garmin inreach, carrying an HT with you instead of something proper and relying on that to save you in a time of need is just stupid.

Ham radio is like driving, you need experience to do it, and even some experienced people still do it badly. Trying to figure out how to drive by reading a car manual while the flood waters are rising is going to be a pretty bad experience.