Lower Yellowstone River Native Fish Conservation Act
Sponsored By: Representative Downing, Troy [R-MT-2]
In Committee
Summary
Federal ownership and financial responsibility for the Lower Yellowstone Fish Bypass Channel is reaffirmed. The bill makes the Secretary of the Interior and the Bureau of Reclamation solely responsible for operating, maintaining, and funding the 2.1-mile channel to support pallid sturgeon recovery while preventing cost or operational burdens on the Lower Yellowstone Irrigation Project and District.
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- Lower Yellowstone Irrigation District and Project: They are protected from ownership, operation, and cost obligations for the channel and are not required to perform or fund Endangered Species Act recovery actions tied to the channel.
- Federal agencies and the Secretary: The Secretary must retain exclusive control and pay for all operation, maintenance, repairs, upgrades, and adaptive management, with appropriations of $1.0 million for fiscal year 2026 and each subsequent year.
- Conservation partners and oversight: The channel remains federal mitigation for pallid sturgeon under the Endangered Species Act, requires coordination with the U.S. Fish and Wildlife Service and state wildlife agencies, and triggers biennial reporting to relevant congressional committees on status, repairs, and costs.
*Adds a dedicated federal spending requirement of $1.0 million per year for the channel’s operation and maintenance.*
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Annual federal funding for channel
If enacted, the Interior Secretary would get $1,000,000 for fiscal year 2026 and each fiscal year after. The money would pay to operate and manage the 2.1-mile Lower Yellowstone Fish Bypass Channel. Funds would be used for engineering evaluations, repairs, upgrades, and adaptive management for pallid sturgeon passage. The Secretary would administer the funds and could not transfer them to non‑Federal groups.
Federal control and local cost protections
If enacted, the bill would make the Secretary of the Interior the permanent owner and operator of the Lower Yellowstone Fish Bypass Channel. The federal government would be solely responsible for operating, maintaining, repairing, and adaptively managing the Channel and paying related costs. The bill would bar shifting any of those duties or costs to the Lower Yellowstone Irrigation District, the Lower Yellowstone Irrigation Project, or other non‑Federal parties and would void prior agreements that tried to do so. It would also say the Act does not change project purposes, existing water rights, contracts, State water law, or federal ESA and NEPA duties. Affected stakeholders could file suit in U.S. District Court in Montana if the Secretary tried to transfer Channel responsibilities to a 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.
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