[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 773 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 773

   To exempt from the Lacey Act and the Lacey Act Amendments of 1981 
 certain water transfers between any of the States of Texas, Arkansas, 
                 and Louisiana, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2023

   Mr. Cruz introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To exempt from the Lacey Act and the Lacey Act Amendments of 1981 
 certain water transfers between any of the States of Texas, Arkansas, 
                 and Louisiana, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Water Supply Invasive Species 
Compliance Act of 2023''.

SEC. 2. EXEMPTION OF CERTAIN WATER TRANSFERS FROM THE LACEY ACT AND THE 
              LACEY ACT AMENDMENTS OF 1981.

    (a) Definitions.--In this section:
            (1) Covered water transfer.--The term ``covered water 
        transfer'' means a transfer of water containing a prohibited 
        species between public water supplies located on, along, or 
        across the State boundaries between any of the States of Texas, 
        Arkansas, and Louisiana.
            (2) Prohibited species.--The term ``prohibited species'' 
        means any species--
                    (A) the shipment of which is otherwise prohibited 
                by section 42 of title 18, United States Code (commonly 
                known as the ``Lacey Act''); or
                    (B) the transfer of which is otherwise prohibited 
                by the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et 
                seq.).
            (3) Public water supply.--The term ``public water supply'' 
        means any body of water, including any river, lake, or stream, 
        the water of which is available or made available to the 
        public.
    (b) Exemption.--Section 42 of title 18, United States Code 
(commonly known as the ``Lacey Act''), and the Lacey Act Amendments of 
1981 (16 U.S.C. 3371 et seq.) shall not apply with respect to any 
covered water transfer, if--
            (1)(A) all prohibited species in the water transferred are 
        located in both of the public water supplies between which the 
        water is transferred;
            (B) the water is transferred directly between those public 
        water supplies; and
            (C) the water is subject to effective mitigation measures 
        that are reviewed and approved by the appropriate State agency 
        of the State to which the water is being transferred, 
        including--
                    (i) chemically treating the water for suspected or 
                known prohibited species;
                    (ii) limiting transfers to certain times;
                    (iii) withdrawing water only from certain depths;
                    (iv) filtration;
                    (v) enhanced monitoring; and
                    (vi) other mitigation measures; or
            (2) the water is transferred in a closed conveyance system 
        directly to treatment facilities where all prohibited species 
        contained in the water transferred will be extirpated.
    (c) Notification.--
            (1) In general.--Before the first covered water transfer 
        described in subsection (b)(1) occurs in a calendar year and 
        subject to paragraph (2), the controlling authority of the 
        public water supply from which the water is to be transferred 
        (referred to in this subsection as the ``donor public water 
        supply'') shall submit to the controlling authority of the 
        public water supply to which the water is to be transferred 
        (referred to in this subsection as the ``recipient public water 
        supply'') a written notification that includes--
                    (A) the expected dates of the covered water 
                transfer;
                    (B) the volume of water to be transferred, which 
                may include a range of possible volumes of water that 
                may be transferred;
                    (C) a list of known prohibited species that are 
                contained in the donor public water supply;
                    (D) a certification that the known prohibited 
                species described in subparagraph (C) are present in 
                both the donor public water supply and the recipient 
                public water supply; and
                    (E) a notice of other known species present in the 
                donor public water supply that may be of concern to the 
                controlling authority of the recipient public water 
                supply, including species that are not prohibited by 
                the laws referred to in subsection (b).
            (2) Additional notification.--In addition to the 
        notification required under paragraph (1), the controlling 
        authority of the donor public water supply shall provide to the 
        controlling authority of the recipient public water supply a 
        notification described in that paragraph if the controlling 
        authority of the donor public water supply discovers a new 
        prohibited species in the donor public water supply.
    (d) Costs of Mitigation Measures.--The costs of the mitigation 
measures described in subparagraph (C) of subsection (b)(1) for water 
subject to a covered water transfer described in that subsection shall 
be borne by the entity that sells the water for financial gain.
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