HR6568-119

What This Bill Does

The Lower Yellowstone River Native Fish Conservation Act addresses who pays for and controls the Lower Yellowstone Fish Bypass Channel near Intake, Montana, a 2.1-mile engineered fish passage built for pallid sturgeon and other native fish around the Intake Diversion Dam. The bill finds that the channel was authorized as federal endangered-species mitigation, built by the Corps of Engineers and Bureau of Reclamation with federal ecosystem-restoration funds, and is outside the physical and operational boundaries of the Lower Yellowstone Irrigation Project. It defines the channel, the irrigation district, the irrigation project, operations and maintenance, and the Secretary. It reaffirms that Interior, through Reclamation, retains full ownership, operational authority, financial responsibility, funding, operation, repairs, modifications, and adaptive management in perpetuity. It bars federal agencies from shifting costs or operational duties to the Lower Yellowstone Irrigation District, Lower Yellowstone Irrigation Project, or other nonfederal entities. It keeps ESA obligations for pallid sturgeon with Interior and the Fish and Wildlife Service, allows coordination with Montana and North Dakota wildlife agencies, gives the district, project, and affected stakeholders access to federal court in Montana to block responsibility transfers, authorizes $1 million each fiscal year beginning in 2026 for operations, repairs, upgrades, and adaptive management, requires biennial reports, and preserves water rights, irrigation operations, ESA, and NEPA obligations.

Who Benefits and How

The Lower Yellowstone Irrigation District benefits because it is shielded from operations, maintenance, monitoring, repair, and ESA costs for the fish bypass channel. Irrigators in the Lower Yellowstone Project benefit because irrigation water delivery obligations and water rights are preserved. Pallid sturgeon conservation programs benefit from dedicated federal responsibility and $1 million per year authorization. Montana and North Dakota fish agencies benefit from federal coordination. Local stakeholders benefit from a federal-court remedy if Interior tries to transfer responsibility.

Who Bears the Burden and How

Interior and Reclamation must fund, operate, maintain, repair, and adaptively manage the channel in perpetuity. The Fish and Wildlife Service must retain ESA responsibility for pallid sturgeon conservation tied to the channel. Federal taxpayers bear the $1 million annual authorization and any related federal maintenance costs. Interior reporting staff must submit biennial reports. Federal officials face litigation risk in the District of Montana if they try to transfer channel obligations to nonfederal entities.

Key Provisions

• Reaffirms permanent federal ownership and operational responsibility for the Lower Yellowstone Fish Bypass Channel.
• Prohibits transfer of channel costs or duties to the Lower Yellowstone Irrigation District or other nonfederal entities.
• Preserves Interior and Fish and Wildlife Service responsibility for pallid sturgeon ESA obligations.
• Authorizes federal-court relief in Montana against attempted responsibility transfers.
• Authorizes $1 million for fiscal year 2026 and each later fiscal year for channel operation, repair, upgrades, and adaptive management.
• Preserves irrigation-project purposes, water rights, State water law, ESA obligations, and NEPA obligations.