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119-s-3409119th Congress

Lower Yellowstone River Native Fish Conservation Act

Sponsored By: Senator Daines, Steve [R-MT]

In Committee

Summary

This bill would establish federal ownership and funding of the Lower Yellowstone Fish Bypass Channel to secure pallid sturgeon and other native fish while protecting local irrigation operations from financial or operational burdens.

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  • Local irrigation operators and the Lower Yellowstone Irrigation District would be barred from owning, operating, maintaining, or paying for the 2.1-mile bypass and would not be required to perform or fund Endangered Species Act recovery actions tied to the channel.
  • The Secretary of the Interior, through the Bureau of Reclamation, would retain sole ownership, control, and financial responsibility, and the bill would nullify prior or conflicting transfers or cost-sharing arrangements. It would authorize $1.0 million each year starting in fiscal year 2026 for operations, repairs, engineering evaluations, upgrades, and adaptive management.
  • Federal agencies would keep exclusive responsibility for pallid sturgeon recovery and must coordinate with Montana Fish, Wildlife & Parks, the North Dakota Game and Fish Department, and the U.S. Fish and Wildlife Service. Enforcement would use federal court jurisdiction in Montana, private suits against local entities would be limited, and the Secretary must report biennially to relevant Congressional committees.

*Would increase federal spending by about $1.0 million annually beginning in FY2026 to fund channel operation, repairs, and adaptive management.*

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Annual federal funds for fish channel

If enacted, the bill would authorize $1,000,000 for fiscal year 2026 and each fiscal year after. The money would pay to run, inspect, repair, and upgrade the Lower Yellowstone Fish Bypass Channel. The Secretary of the Interior would manage the funds. The bill would not let the Secretary give those funds to any non‑Federal group and the authorization would require future appropriations to actually spend the money.

Court access for irrigation district disputes

If enacted, the bill would let the Lower Yellowstone Irrigation District, the Lower Yellowstone Irrigation Project, and affected stakeholders sue in U.S. District Court if the Secretary tries to shift channel costs or duties to non‑Federal parties. The United States District Court for the District of Montana would be the exclusive court for those disputes. The bill would also say it does not create a private lawsuit right against the irrigation district, the project, or other non‑Federal entities over channel operations.

Federal ownership, no local cost burden

If enacted, the bill would require the Secretary of the Interior to keep full ownership and control of the Lower Yellowstone Fish Bypass Channel forever. The Secretary would be solely responsible for operating, maintaining, repairing, modifying, and funding the channel. The bill would bar any Federal agency from shifting those duties or costs to non‑Federal entities, including the Lower Yellowstone Irrigation District or Project. The bill would not change water rights, existing irrigation contracts, or current ESA and NEPA obligations, and it would state that the irrigation district and project do not have to pay for or carry out ESA activities tied to the channel.

Sponsors & CoSponsors

Sponsor

Daines, Steve [R-MT]

MT • R

Cosponsors

  • Sen. Sheehy, Tim [R-MT]

    MT • R

    Sponsored 1/30/2026

Roll Call Votes

No roll call votes available for this bill.

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