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 Amendments of 1981 certain water transfers between any of 

the States of Texas, Arkansas, and Louisiana, 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 ‘‘Public Water Supply 

5 Invasive Species Compliance Act of 2023’’. 


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1 SEC. 2. EXEMPTION OF CERTAIN WATER TRANSFERS FROM 

2 THE LACEY ACT AND THE LACEY ACT AMEND3 MENTS OF 1981. 

4 (a) DEFINITIONS.—In this section: 

5 (1) COVERED WATER TRANSFER.—The term 

6 ‘‘covered water transfer’’ means a transfer of water 

7 containing a prohibited species between public water 

8 supplies located on, along, or across the State 

9 boundaries between any of the States of Texas, Ar10 kansas, and Louisiana. 

11 (2) PROHIBITED SPECIES.—The term ‘‘prohib12 ited species’’ means any species— 

13 (A) the shipment of which is otherwise 

14 prohibited by section 42 of title 18, United 

15 States Code (commonly known as the ‘‘Lacey 

16 Act’’); or 

17 (B) the transfer of which is otherwise pro18 hibited by the Lacey Act Amendments of 1981 

19 (16 U.S.C. 3371 et seq.). 

20 (3) PUBLIC WATER SUPPLY.—The term ‘‘public 

21 water supply’’ means any body of water, including 

22 any river, lake, or stream, the water of which is 

23 available or made available to the public. 

24 (b) EXEMPTION.—Section 42 of title 18, United 

25 States Code (commonly known as the ‘‘Lacey Act’’), and 

26 the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et 


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1 seq.) shall not apply with respect to any covered water 

2 transfer, if— 

3 (1)(A) all prohibited species in the water trans4 ferred are located in both of the public water sup5 plies between which the water is transferred; 

6 (B) the water is transferred directly between 

7 those public water supplies; and 

8 (C) the water is subject to mitigation measures 

9 that are reviewed and approved by the appropriate 

10 State agency of the State to which the water is 

11 being transferred, including— 

12 (i) chemically treating the water for sus13 pected or known prohibited species; 

14 (ii) limiting transfers to certain times; 

15 (iii) withdrawing water only from certain 

16 depths; 

17 (iv) filtration; and 

18 (v) enhanced monitoring; or 

19 (2) the water is transferred in a closed convey20 ance system directly to treatment facilities where all 

21 prohibited species contained in the water transferred 

22 will be extirpated. 

23 (c) NOTIFICATION.— 

24 (1) IN GENERAL.—Before the first covered 

25 water transfer described in subsection (b)(1) occurs 


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1 in a calendar year and subject to paragraph (2), the 

2 controlling authority of the public water supply from 

3 which the water is to be transferred (referred to in 

4 this subsection as the ‘‘donor public water supply’’) 

5 shall submit to the controlling authority of the pub6 lic water supply to which the water is to be trans7 ferred (referred to in this subsection as the ‘‘recipi8 ent public water supply’’) a written notification that 

9 includes— 

10 (A) the expected dates of the covered water 

11 transfer; 

12 (B) the volume of water to be transferred, 

13 which may include a range of possible volumes 

14 of water that may be transferred; 

15 (C) a list of known prohibited species that 

16 are contained in the donor public water supply; 

17 (D) a certification that the known prohib18 ited species described in subparagraph (C) are 

19 present in both the donor public water supply 

20 and the recipient public water supply; and 

21 (E) a notice of other known species 

22 present in the donor public water supply that 

23 may be of concern to the controlling authority 

24 of the recipient public water supply, including 


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1 species that are not prohibited by the laws re2 ferred to in subsection (b). 

3 (2) ADDITIONAL NOTIFICATION.—In addition to 

4 the notification required under paragraph (1), the 

5 controlling authority of the donor public water sup6 ply shall provide to the controlling authority of the 

7 recipient public water supply a notification described 

8 in that paragraph if the controlling authority of the 

9 donor public water supply discovers a new prohibited 

10 species in the donor public water supply. 

11 (d) COSTS OF MITIGATION MEASURES.—The costs of 

12 the mitigation measures described in subparagraph (C) of 

13 subsection (b)(1) for water subject to a covered water 

14 transfer described in that subsection shall be borne by the 

15 entity that sells the water for financial gain. 

Æ 


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