Lower Yellowstone River Native Fish Conservation Act
Sponsored By: Representative Downing, Troy [R-MT-2]
In Committee
Summary
Would make the Federal Government solely responsible for owning, operating, and funding the Lower Yellowstone Fish Bypass Channel. It would bar any transfer of ownership, operational duties, maintenance, or costs to the Lower Yellowstone Irrigation District, the Lower Yellowstone Irrigation Project, or any non‑Federal party.
Show full summary
- Relieves the Lower Yellowstone Irrigation District and the Lower Yellowstone Irrigation Project of ownership, operational, maintenance, and financial obligations for the 2.1‑mile bypass channel.
- Assigns exclusive ownership and operational authority to the Secretary of the Interior, acting through the Commissioner of Reclamation, while allowing coordination with other Federal agencies but not delegation of costs.
- Authorizes ongoing Federal funding for continuous operation, engineering evaluations, repairs, upgrades, and adaptive management aimed at pallid sturgeon passage, including an initial authorization of $1.0 million for fiscal year 2026 and each subsequent year, and requires biennial reports to congressional committees with enforcement rights in Federal District Court in Montana.
*Would authorize $1.0 million annually starting in fiscal year 2026 for operations and maintenance, increasing Federal spending for the channel.*
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Court protections for irrigation district
If enacted, the bill would say that nothing in the Act creates a private lawsuit against the Lower Yellowstone Irrigation District, the Lower Yellowstone Irrigation Project, or any other non‑Federal entity over channel operations. If the Secretary tries to transfer operational or financial responsibility to a non‑Federal entity, the irrigation district or affected stakeholders could file a complaint in Federal District Court in Montana. The United States District Court for the District of Montana would have exclusive jurisdiction over disputes under the Act.
Federal ownership of bypass channel
If enacted, the bill would require the Secretary of the Interior to keep full federal ownership, control, and financial responsibility for the Lower Yellowstone Fish Bypass Channel forever. The Secretary would also have exclusive responsibility for Endangered Species Act duties for pallid sturgeon related to the channel. The bill would void and require termination of any prior agreements or actions that try to shift costs or duties to the Lower Yellowstone Irrigation District, the Lower Yellowstone Irrigation Project, or other non‑Federal groups. Non‑Federal entities would not be required to operate, maintain, or pay for the channel.
Annual funding for channel operations
If enacted, the bill would authorize $1,000,000 to be appropriated to the Secretary of the Interior for fiscal year 2026 and each fiscal year after. The money would pay for continuous operation of the Lower Yellowstone Fish Bypass Channel, engineering evaluations, repairs, upgrades, and adaptive management for pallid sturgeon passage. The Secretary would administer the funds and could not transfer them to any non‑Federal entity.
Sponsors & CoSponsors
Sponsor
Downing, Troy [R-MT-2]
MT • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov