H.R. 6568

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6568 Introduced in House (IH)]

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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.).
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