What This Bill Does
This bill creates an exemption from the Lacey Act (a law that controls the shipment of certain animal and plant species) for water transfers between Texas, Arkansas, and Louisiana. The exemption applies only to water transfers between public water supplies in these three states when specific conditions are met.
Who It Affects
Public water supply agencies and authorities in Texas, Arkansas, and Louisiana that transfer water between each other. Entities that sell water for financial gain will also be affected, as they must pay for certain water treatment costs.
Key Provisions
• Water transfers between public water supplies in Texas, Arkansas, and Louisiana are exempt from the Lacey Act if prohibited species already exist in both the water source and the receiving location, the water travels directly between the two supplies, and the receiving state approves safety measures like chemical treatment, timing limits, depth restrictions, filtration, or monitoring. (Sec. 2(b)(1))
• Water transfers are also exempt if the water moves through a closed system directly to treatment facilities where all prohibited species will be completely removed. (Sec. 2(b)(2))
• Before the first water transfer each calendar year, the agency sending water must notify the receiving agency with expected transfer dates, water volume, a list of known prohibited species in the water, proof those species exist in both locations, and notice of other species that may concern the receiving agency. (Sec. 2(c)(1))
• The entity selling water for financial gain must pay all costs for the safety measures required by the receiving state. (Sec. 2(d))
• If the sending agency discovers a new prohibited species, it must immediately notify the receiving agency. (Sec. 2(c)(2))
What Changes
The Lacey Act and its 1981 amendments will no longer apply to water transfers between public water supplies located in Texas, Arkansas, and Louisiana that meet the conditions outlined above. Previously, these transfers may have violated federal law if they contained prohibited species.
Important Definitions
"Covered water transfer" means moving water containing prohibited species between public water supplies on, along, or across state lines between Texas, Arkansas, and Louisiana. (Sec. 2(a)(1))
"Prohibited species" means any animal or plant species whose shipment is banned under the Lacey Act or the Lacey Act Amendments of 1981. (Sec. 2(a)(2))
"Public water supply" means any body of water, including rivers, lakes, or streams, whose water is available or made available to the public. (Sec. 2(a)(3))
I
118TH CONGRESS
1ST SESSION H. R. 1560
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 HOUSE OF REPRESENTATIVES
MARCH 10, 2023
Mr. MORAN introduced the following bill; which was referred to the Committee
on Natural Resources, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To exempt from the Lacey Act and the Lacey Act Amend-
ments 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 Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Public Water Supply
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Invasive Species Compliance Act of 2023’’.
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•HR 1560 IH
SEC. 2. EXEMPTION OF CERTAIN WATER TRANSFERS FROM
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THE LACEY ACT AND THE LACEY ACT AMEND-
2
MENTS OF 1981.
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(a) DEFINITIONS.—In this section:
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(1) COVERED
WATER
TRANSFER.—The term
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‘‘covered water transfer’’ means a transfer of water
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containing a prohibited species between public water
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supplies located on, along, or across the State
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boundaries between any of the States of Texas, Ar-
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kansas, and Louisiana.
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(2) PROHIBITED SPECIES.—The term ‘‘prohib-
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ited species’’ means any species—
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(A) the shipment of which is otherwise
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prohibited by section 42 of title 18, United
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States Code (commonly known as the ‘‘Lacey
15
Act’’); or
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(B) the transfer of which is otherwise pro-
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hibited by the Lacey Act Amendments of 1981
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(16 U.S.C. 3371 et seq.).
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(3) PUBLIC WATER SUPPLY.—The term ‘‘public
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water supply’’ means any body of water, including
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any river, lake, or stream, the water of which is
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available or made available to the public.
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(b) EXEMPTION.—Section 42 of title 18, United
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States Code (commonly known as the ‘‘Lacey Act’’), and
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the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
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•HR 1560 IH
seq.) shall not apply with respect to any covered water
1
transfer, if—
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(1)(A) all prohibited species in the water trans-
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ferred are located in both of the public water sup-
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plies between which the water is transferred;
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(B) the water is transferred directly between
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those public water supplies; and
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(C) the water is subject to mitigation measures
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that are reviewed and approved by the appropriate
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State agency of the State to which the water is
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being transferred, including—
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(i) chemically treating the water for sus-
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pected or known prohibited species;
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(ii) limiting transfers to certain times;
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(iii) withdrawing water only from certain
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depths;
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(iv) filtration; and
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(v) enhanced monitoring; or
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(2) the water is transferred in a closed convey-
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ance system directly to treatment facilities where all
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prohibited species contained in the water transferred
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will be extirpated.
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(c) NOTIFICATION.—
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(1) IN
GENERAL.—Before the first covered
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water transfer described in subsection (b)(1) occurs
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•HR 1560 IH
in a calendar year and subject to paragraph (2), the
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controlling authority of the public water supply from
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which the water is to be transferred (referred to in
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this subsection as the ‘‘donor public water supply’’)
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shall submit to the controlling authority of the pub-
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lic water supply to which the water is to be trans-
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ferred (referred to in this subsection as the ‘‘recipi-
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ent public water supply’’) a written notification that
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includes—
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(A) the expected dates of the covered water
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transfer;
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(B) the volume of water to be transferred,
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which may include a range of possible volumes
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of water that may be transferred;
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(C) a list of known prohibited species that
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are contained in the donor public water supply;
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(D) a certification that the known prohib-
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ited species described in subparagraph (C) are
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present in both the donor public water supply
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and the recipient public water supply; and
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(E) a notice of other known species
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present in the donor public water supply that
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may be of concern to the controlling authority
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of the recipient public water supply, including
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•HR 1560 IH
species that are not prohibited by the laws re-
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ferred to in subsection (b).
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(2) ADDITIONAL NOTIFICATION.—In addition to
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the notification required under paragraph (1), the
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controlling authority of the donor public water sup-
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ply shall provide to the controlling authority of the
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recipient public water supply a notification described
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in that paragraph if the controlling authority of the
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donor public water supply discovers a new prohibited
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species in the donor public water supply.
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(d) COSTS OF MITIGATION MEASURES.—The costs of
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the mitigation measures described in subparagraph (C) of
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subsection (b)(1) for water subject to a covered water
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transfer described in that subsection shall be borne by the
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entity that sells the water for financial gain.
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Æ
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