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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6568 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6568
To reaffirm that the Bureau of Reclamation retains exclusive ownership,
operational control, and financial responsibility for the Lower
Yellowstone Fish Bypass Channel, ensuring long-term conservation of the
endangered pallid sturgeon and other native aquatic species in the
Yellowstone River while protecting the Lower Yellowstone Irrigation
Project and District from undue financial and operational burdens, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 10, 2025
Mr. Downing introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To reaffirm that the Bureau of Reclamation retains exclusive ownership,
operational control, and financial responsibility for the Lower
Yellowstone Fish Bypass Channel, ensuring long-term conservation of the
endangered pallid sturgeon and other native aquatic species in the
Yellowstone River while protecting the Lower Yellowstone Irrigation
Project and District from undue financial and operational burdens, 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 ``Lower Yellowstone River Native Fish
Conservation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Lower Yellowstone Fish Bypass Channel--
(A) was authorized under section 3109 of the Water
Resources Development Act of 2007 (Public Law 110-114;
121 Stat. 1135) as a Federal mitigation measure for
impacts on the pallid sturgeon (Scaphirhynchus albus)
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) was designed and constructed by the Corps of
Engineers and the Bureau of Reclamation using funds
from the Missouri River Recovery Program and other
Federal appropriations specifically allocated for
ecosystem restoration and endangered species
mitigation; and
(C) is located outside the physical and operational
boundaries of the Lower Yellowstone Irrigation Project
and the Lower Yellowstone Irrigation District;
(2) the Bureau of Reclamation retains sole ownership,
operational jurisdiction, and maintenance responsibilities for
the Lower Yellowstone Fish Bypass Channel and related
infrastructure;
(3) the Lower Yellowstone Irrigation Project was federally
authorized in 1904 under the Act of June 17, 1902 (32 Stat.
388, chapter 1093), to provide irrigation water to agricultural
land in eastern Montana and western North Dakota;
(4) the Lower Yellowstone Irrigation District, established
under Montana and North Dakota State laws, has never had
ownership, operational responsibility, or maintenance
obligations relating to the Lower Yellowstone Fish Bypass
Channel;
(5) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) mandates Federal protection and recovery actions for
listed species, including the pallid sturgeon (Scaphirhynchus
albus);
(6) endangered species recovery, including construction of
the Lower Yellowstone Fish Bypass Channel, is solely a Federal
responsibility;
(7) the Bureau of Reclamation opted to construct the Lower
Yellowstone Fish Bypass Channel to comply with the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) because the Intake
Diversion Dam is federally owned and operated, rather than
owned or operated by the Lower Yellowstone Irrigation District
or the Lower Yellowstone Irrigation Project;
(8) the Lower Yellowstone Irrigation District or the Lower
Yellowstone Irrigation Project cannot and should not be
burdened with financial or operational responsibility for a
federally mandated environmental mitigation project;
(9) the Lower Yellowstone Fish Bypass Channel is legally
separate and distinct from the Lower Yellowstone Irrigation
Project and the Lower Yellowstone Irrigation District; and
(10) without legislative clarity, future administrative
actions could inappropriately attempt to shift the burden of
operations and maintenance costs of the Lower Yellowstone Fish
Bypass Channel onto the Lower Yellowstone Irrigation District,
which is a scenario that contradicts the original intent of the
authorization for the Lower Yellowstone Fish Bypass Channel
under the Water Resources Development Act of 2007 (Public Law
110-114; 121 Stat. 1041).
SEC. 3. DEFINITIONS.
In this Act:
(1) Lower yellowstone fish bypass channel.--The term
``Lower Yellowstone Fish Bypass Channel'' means the 2.1-mile-
long engineered fish passage channel constructed near Intake,
Montana, designed to facilitate the migration of pallid
sturgeon (Scaphirhynchus albus) and other native fish species
around the Intake Diversion Dam located near Intake, Montana.
(2) Lower yellowstone irrigation district.--The term
``Lower Yellowstone Irrigation District'' means the local,
State-chartered water management entity responsible for
operating and maintaining the irrigation components of the
Lower Yellowstone Irrigation Project.
(3) Lower yellowstone irrigation project.--The term ``Lower
Yellowstone Irrigation Project'' means the Federal irrigation
system--
(A) authorized in 1904 under the Act of June 17,
1902 (32 Stat. 388, chapter 1093); and
(B) operated in partnership with the Lower
Yellowstone Irrigation District for agricultural water
delivery.
(4) Operations and maintenance.--The term ``operations and
maintenance'' means all actions, costs, and labor necessary to
operate, repair, upgrade, and maintain the Lower Yellowstone
Fish Bypass Channel.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
SEC. 4. REAFFIRMATION OF FEDERAL OWNERSHIP AND RESPONSIBILITY.
(a) Sole Ownership and Control.--
(1) In general.--The Secretary shall retain full ownership,
operational authority, and financial responsibility for the
Lower Yellowstone Fish Bypass Channel in perpetuity.
(2) Administrative actions, agreements, or transfers.--No
administrative action, agreement, or transfer shall alter,
diminish, or delegate to any non-Federal entity, including the
Lower Yellowstone Irrigation District or the Lower Yellowstone
Irrigation Project, the responsibilities and authorities
described in paragraph (1) with respect to the Lower
Yellowstone Fish Bypass Channel.
(3) Effect.--Nothing in this Act prevents the Secretary
from retaining the authority to enter into agreements with,
coordinate, or otherwise work with the head of any other
Federal agency, including with respect to funding, planning, or
implementation of activities authorized under this Act or any
other Act.
(b) Operation and Maintenance Obligations.--The Secretary shall be
solely responsible for funding, operating, and maintaining the Lower
Yellowstone Fish Bypass Channel, including any repairs, modifications,
or adaptive management strategies.
(c) Prohibition of Cost Transfer.--No Federal agency may impose,
mandate, or require the Lower Yellowstone Irrigation District, the
Lower Yellowstone Irrigation Project, or any other non-Federal entity
to assume financial or operational responsibility for any aspect of the
Lower Yellowstone Fish Bypass Channel.
(d) Relationship to the Lower Yellowstone Irrigation District or
the Lower Yellowstone Irrigation Project.--Nothing in this Act alters,
amends, or otherwise affects the authorized purposes, water delivery
obligations, or operational responsibilities of the Lower Yellowstone
Irrigation District or the Lower Yellowstone Irrigation Project.
SEC. 5. PRESERVATION OF ENDANGERED SPECIES ACT OBLIGATIONS.
(a) Federal Responsibility for Pallid Sturgeon Recovery.--
(1) In general.--The Secretary and the Director of the
United States Fish and Wildlife Service shall retain exclusive
responsibility for fulfilling obligations relating to the
pallid sturgeon (Scaphirhynchus albus) under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) with respect to
the Lower Yellowstone Fish Bypass Channel.
(2) No obligation on the lower yellowstone irrigation
district or the lower yellowstone irrigation project.--The
Lower Yellowstone Irrigation District and the Lower Yellowstone
Irrigation Project shall not be required to perform, fund, or
participate in any activities mandated under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the
Lower Yellowstone Fish Bypass Channel or pallid sturgeon
(Scaphirhynchus albus) conservation associated with the Lower
Yellowstone Fish Bypass Channel.
(b) Coordination With State and Federal Agencies.--The Secretary
shall coordinate with Montana Fish, Wildlife and Parks, the North
Dakota Game and Fish Department, the United States Fish and Wildlife
Service, and other relevant agencies to ensure proper conservation
measures for the pallid sturgeon (Scaphirhynchus albus) without
burdening private or local irrigation operations.
SEC. 6. PROHIBITION OF TRANSFER OF RESPONSIBILITIES.
(a) Limitation on Transfer or Delegation.--
(1) In general.--The Secretary shall not transfer,
delegate, or assign any financial, operational, or maintenance
responsibilities for the Lower Yellowstone Fish Bypass Channel
to any non-Federal entity, including--
(A) the Lower Yellowstone Irrigation District;
(B) the Lower Yellowstone Irrigation Project; and
(C) any State agency, local government, or private
entity.
(2) Clarification.--No agreement, contract, or memorandum
of understanding shall have the effect of transferring to the
Lower Yellowstone Irrigation District, the Lower Yellowstone
Irrigation Project, or any other non-Federal entity the
ownership of, responsibility for, or cost burden of the Lower
Yellowstone Fish Bypass Channel.
(b) Invalidation of Prior Attempts To Transfer Responsibility.--
(1) In general.--Any prior administrative action,
agreement, or cost-sharing arrangement that attempts to impose
financial or operational responsibility for the Lower
Yellowstone Fish Bypass Channel on the Lower Yellowstone
Irrigation District or the Lower Yellowstone Irrigation Project
shall be null and void.
(2) Termination of agreements.--The Secretary shall
terminate any provision of any agreement that is inconsistent
with this Act.
SEC. 7. LEGAL ENFORCEMENT AND JUDICIAL REVIEW.
(a) Right To Petition for Federal Compliance.--The Lower
Yellowstone Irrigation District, the Lower Yellowstone Irrigation
Project, and any affected stakeholder may file a complaint in Federal
District Court seeking a declaratory judgment or other appropriate
relief if the Secretary attempts to transfer to a non-Federal entity
operational or financial responsibility for the Lower Yellowstone Fish
Bypass Channel.
(b) Jurisdiction.--The United States District Court for the
District of Montana shall have exclusive jurisdiction over any dispute
arising under this Act.
(c) No Private Cause of Action Against Non-Federal Entities.--
Nothing in this Act creates a private cause of action against the Lower
Yellowstone Irrigation District, the Lower Yellowstone Irrigation
Project, or any other non-Federal entity with respect to the operations
and maintenance of the Lower Yellowstone Fish Bypass Channel.
SEC. 8. LONG-TERM FEDERAL FUNDING AND RESOURCE ALLOCATION.
(a) Ongoing Federal Responsibility for Operations and
Maintenance.--
(1) In general.--The Secretary shall be the sole entity
responsible for operations and maintenance and repairs of the
Lower Yellowstone Fish Bypass Channel.
(2) Funding.--The Secretary shall fund all necessary
repairs, modifications, and infrastructure improvements to
maintain the effectiveness of the Lower Yellowstone Fish Bypass
Channel.
(3) No financial burden.--The Lower Yellowstone Irrigation
District, the Lower Yellowstone Irrigation Project, and any
other non-Federal entity shall not bear any financial burden
for maintenance, repairs, or monitoring of the Lower
Yellowstone Fish Bypass Channel.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary $1,000,000 for fiscal year 2026 and each fiscal
year thereafter--
(A) to ensure continuous, uninterrupted operation
of the Lower Yellowstone Fish Bypass Channel;
(B) to conduct necessary engineering evaluations,
repairs, and upgrades in the Lower Yellowstone Fish
Bypass Channel as part of an ongoing Federal commitment
to the Lower Yellowstone Fish Bypass Channel; and
(C) to implement adaptive management strategies in
the Lower Yellowstone Fish Bypass Channel to address
environmental, hydrological, and biological changes
affecting pallid sturgeon (Scaphirhynchus albus)
passage.
(2) Administration of funds.--The Secretary--
(A) shall administer the funds made available under
paragraph (1); and
(B) may not transfer or delegate to any non-Federal
entity the funds made available under that paragraph.
(c) Reporting Requirement.--The Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a
biennial report describing--
(1) the operational status of the Lower Yellowstone Fish
Bypass Channel;
(2) any ongoing or anticipated repairs, modifications, or
adaptive management actions with respect to the Lower
Yellowstone Fish Bypass Channel;
(3) an updated cost analysis of operations and maintenance
of the Lower Yellowstone Fish Bypass Channel; and
(4) coordination efforts between the Secretary, the
Director of the United States Fish and Wildlife Service, the
Chief of Engineers, and State agencies with respect to the
Lower Yellowstone Fish Bypass Channel.
SEC. 9. EFFECT.
Nothing in this Act--
(1) modifies or diminishes the authorized purposes of the
Lower Yellowstone Irrigation Project or the Lower Yellowstone
Irrigation District;
(2) affects any existing water rights of, or contracts or
agreements between, the Secretary and the Lower Yellowstone
Irrigation District or the Lower Yellowstone Irrigation
Project;
(3) imposes any new regulatory obligations, requirements,
or liabilities on the Lower Yellowstone Irrigation District,
the Lower Yellowstone Irrigation Project, or any other non-
Federal entity;
(4) modifies or impairs State water law or any existing
agreements relating to water distribution and irrigation
operations; or
(5) alters the statutory and regulatory obligations of
Federal agencies under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) or the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Wildlife and Fisheries.
Subcommittee Hearings Held
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