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Lower Yellowstone River Native Fish Conservation Act
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.
Summary
This bill reaffirms that the Bureau of Reclamation retains exclusive ownership, operational control, and financial responsibility for the Lower Yellowstone Fish Bypass Channel, a 2.1-mile engineered fish passage near Intake, Montana designed to facilitate migration of pallid sturgeon and other native fish. The bill prohibits transfer of any financial or operational responsibility for the channel to non-federal entities, including the Lower Yellowstone Irrigation District and Lower Yellowstone Irrigation Project. The bill invalidates any prior administrative actions or agreements that attempt to impose responsibility on the irrigation district or project and requires termination of inconsistent agreement provisions. The bill reserves the right for the irrigation district to file complaints in federal court if the Secretary attempts to transfer responsibility to a non-federal entity. The bill authorizes $1 million annually for operations, maintenance, repairs, and adaptive management of the channel.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Sen. Daines, Steve [R-MT] (R-MT)
1 cosponsor
- Sen. Sheehy, Tim [R-MT] (R-MT)
Actions (3)
- Mar 17, 2026 Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held. · senate
- Dec 9, 2025 Read twice and referred to the Committee on Energy and Natural Resources. · senate
- Dec 9, 2025 Introduced in Senate
More bills on these subjects (8)
Other bills that carry the most legislative subjects in common with this one (topical discovery — distinct from the procedural related bills above).
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Committee action
What happened to this bill in committee — the meetings where it was considered and every recorded vote taken on it.
Meetings where this bill was on the agenda
- Business meeting to consider S.365 and H.R.1729, bills to amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to allow for additional entities to be eligible to complete the maintenance work on Bolts Ditch and the Bolts Ditch Headgate within the Holy Cross Wilderness, Colorado, S.764, to provide for the designation of certain wilderness areas, recreation management areas, and conservation areas in the State of Colorado, S.791, to establish the Justice Thurgood Marshall National Historic Site in the State of Maryland as an affiliated area of the National Park System, S.888, to designate certain land administered by the Bureau of Land Management and the Forest Service in the State of Oregon as wilderness and national recreation areas, to withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, S.945, to amend the Smith River National Recreation Area Act to include certain additions to the Smith River National Recreation Area, to amend the Wild and Scenic Rivers Act to designate certain wild rivers in the State of Oregon, S.1005, to provide for conservation and economic development in the State of Nevada, S.1088, to provide that the memorial to commemorate the sacrifice and service of the women who worked on the home front to support the efforts of the United States military during World War II may be located on the National Mall, S.1195, to promote conservation, improve public land management, and provide for sensible development in Pershing County, Nevada, S.1257, to amend the Infrastructure Investment and Jobs Act to authorize the use of funds for certain additional Carey Act projects, S.1341, to amend the Colorado Wilderness Act of 1993 to add certain land to the Sarvis Creek Wilderness, S.1349, to withdraw the National Forest System land in the Ruby Mountains subdistrict of the Humboldt-Toiyabe National Forest and the National Wildlife Refuge System land in Ruby Lake National Wildlife Refuge, Elko and White Pine Counties, Nevada, from operation under the mineral leasing laws, S.1476, to amend the Wild and Scenic Rivers Act to designate certain segments of the Gila River system in the State of New Mexico as components of the National Wild and Scenic Rivers System, to provide for the transfer of administrative jurisdiction over certain Federal land in the State of New Mexico, S.1737, to designate and expand wilderness areas in Olympic National Forest in the State of Washington, and to designate certain rivers in Olympic National Forest and Olympic National Park as wild and scenic rivers, S.1777, to amend the California Desert Protection Act of 1994 to expand the boundary of Joshua Tree National Park, to redesignate the Cottonwood Visitor Center at Joshua Tree National Park as the "Dianne Feinstein Visitor Center", S.1870, to adjust the boundary of the Santa Monica Mountains National Recreation Area to include the Rim of the Valley Corridor, S.2498, to authorize the Secretary of the Interior to extend certain leases within units of the National Park System without opening the lease to bidding, S.2767 and H.R.5254, bills to authorize the Secretary of the Interior to enter into an agreement with the Gateway Arch Park Foundation to host private events in Gateway Arch National Park buildings, S.2801, to authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating the Canterbury Shaker Village National Heritage Area, S.2887, to amend the National Trails System Act to designate the Route 66 National Historic Trail, S.2933, to redesignate a playground in the New River Gorge National Park and Preserve in the State of West Virginia as the "Hearts of Gold Playground: In Honor of West Virginia Children and Families Impacted by Childhood Cancer", S.2968, to ensure access to certain public land, S.3194, to authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain land in California as the Monterey Bay National Heritage Area, S.3313 and H.R.6365, bills to require the Secretary of the Interior to issue a right-of-way for an emergency exit on certain National Park Service land in the State of Virginia, S.3409, 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, S.3635 and H.R. 7250, bills to reauthorize the Fort Peck Reservation Rural Water System Act of 2000, S.3715 and H.R.6380, bills to establish the Chiricahua N
- Hearings to examine S.1034, to establish the Southwestern Power Administration Fund, S.1242, to authorize the Secretary of the Interior to carry out watershed pilots, S.2437 and H.R.3857, bills to amend the Snow Water Supply Forecasting Program Authorization Act, S.2753, to amend the Omnibus Public Land Management Act of 2009 to authorize certain extraordinary operation and maintenance work for urban canals of concern, S.3409, 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, S.3500, to amend the Federal Power Act to require the Federal Energy Regulatory Commission to annually submit to Congress a report on the status of ongoing hydropower relicensing applications, S.3518, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects, S.3635, to reauthorize the Fort Peck Reservation Rural Water System Act of 2000, S.3684, to amend the Energy Independence and Security Act of 2007 to reauthorize water power research, development, demonstration, and commercial application activities, S.3693, to extend the authorization for a large-scale water recycling and reuse grant program, S.3723, to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water from the Missouri River to the Western Dakota Regional Water System, S.3725, to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water to expand the capacity and reach of the Lewis and Clark Rural Water System, Inc. (doing business as "Lewis & Clark Regional Water System"), in the States of Iowa, Minnesota, and South Dakota, S.3732, to amend the Water Infrastructure Improvements for the Nation Act to authorize assistance under the storage program, S.3736, to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water to the Dakota Mainstem Regional Water System service area in the States of South Dakota, Iowa, Nebraska, and Minnesota, S.3737, to amend the Reclamation States Emergency Drought Relief Act of 1991 to provide financial and technical assistance to eligible entities for the conduct of innovative approaches to voluntary water partnership agreements among multiple water users and projects conducted by individual agricultural entities, S.3738, to amend the Infrastructure Investment and Jobs Act to reauthorize the large-scale water recycling and reuse program, to establish a Water Conveyance Improvement Program, S.3743, to direct the Secretary of the Interior to carry out a feasibility study on a selective water withdrawal system at Glen Canyon Dam, S.3792, to provide for the establishment of a Water Project Navigators Program, S.4040, to amend Public Law 89-108 to modify the authorization of appropriations for State and Tribal, municipal, rural, and industrial water supplies, and S.4041, to reauthorize the Cooperative Watershed Management Program.
Full text
IN THE SENATE OF THE UNITED STATES
December 9, 2025
Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Energy and 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>
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