[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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