H.R. 6568 — Lower Yellowstone River Native Fish Conservation Act

This section states congressional findings that the Lower Yellowstone Fish Bypass Channel—authorized under the Water Resources Development Act of 2007 as federal mitigation for pallid sturgeon under the Endangered Species Act of 1973—was constructed with federal funds by the Corps of Engineers and Bureau of Reclamation; is owned, operated, and maintained solely by the Bureau of Reclamation; and is legally separate from the Lower Yellowstone Irrigation Project (authorized in 1904) and Lower Yellowstone Irrigation District, which bear no responsibility for it. (Thus, the findings clarify that endangered species recovery, including the channel, is a solely federal responsibility and seek to prevent any future shift of operations and maintenance costs to the irrigation district.)

This section defines terms used in the Act, including (1) Lower Yellowstone Fish Bypass Channel as the 2.1-mile-long engineered fish passage channel near Intake, Montana, designed to facilitate migration of pallid sturgeon (Scaphirhynchus albus) and other native fish species around the Intake Diversion Dam; (2) Lower Yellowstone Irrigation District as 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 as the federal irrigation system authorized in 1904 under the Act of June 17, 1902 (32 Stat. 388, chapter 1093) and operated in partnership with the Irrigation District for agricultural water delivery; (4) operations and maintenance as all actions, costs, and labor necessary to operate, repair, upgrade, and maintain the Fish Bypass Channel; and (5) Secretary as the Secretary of the Interior, acting through the Commissioner of Reclamation.

This section requires the Secretary of the Interior to retain full ownership, operational authority, and financial responsibility for the Lower Yellowstone Fish Bypass Channel—a Bureau of Reclamation facility that enables fish passage around irrigation diversions on the Lower Yellowstone River—in perpetuity. It prohibits any administrative action, agreement, or transfer that would delegate these responsibilities to non-Federal entities, including the Lower Yellowstone Irrigation District or Lower Yellowstone Irrigation Project; bars any Federal agency from imposing financial or operational costs on such entities; and clarifies that the Secretary may coordinate with other Federal agencies while preserving the irrigation district's and project's authorized purposes, water delivery obligations, and operational responsibilities.

This section assigns exclusive responsibility to the Secretary and the Director of the U.S. Fish and Wildlife Service for fulfilling Endangered Species Act (ESA) obligations related to pallid sturgeon (*Scaphirhynchus albus*) recovery with respect to the Lower Yellowstone Fish Bypass Channel and relieves the Lower Yellowstone Irrigation District and Project from any requirement to perform, fund, or participate in such activities. It further directs the Secretary to coordinate with Montana Fish, Wildlife and Parks, the North Dakota Game and Fish Department, the U.S. Fish and Wildlife Service, and other relevant agencies to implement pallid sturgeon conservation measures without burdening private or local irrigation operations.

This section prohibits the Secretary from transferring, delegating, or assigning financial, operational, or maintenance responsibilities for the Lower Yellowstone Fish Bypass Channel—a Bureau of Reclamation facility that bypasses fish around irrigation intakes in Montana's Lower Yellowstone Irrigation Project—to any non-Federal entity, including the Lower Yellowstone Irrigation District, Lower Yellowstone Irrigation Project, state agencies, local governments, or private entities. It further declares null and void any prior administrative actions, agreements, or cost-sharing arrangements imposing such responsibilities on the Irrigation District or Project and directs the Secretary to terminate any inconsistent agreement provisions. (Thus, the federal government retains full responsibility for the channel.)

This section establishes legal enforcement and judicial review procedures under the Act. Specifically, it (1) authorizes the Lower Yellowstone Irrigation District, the Lower Yellowstone Irrigation Project, and any affected stakeholder to file a complaint in federal district court seeking a declaratory judgment or other relief if the Secretary attempts to transfer operational or financial responsibility for the Lower Yellowstone Fish Bypass Channel to a non-Federal entity; (2) vests exclusive jurisdiction over any dispute arising under the Act in the United States District Court for the District of Montana; and (3) prohibits private causes of action against the Lower Yellowstone Irrigation District, the Lower Yellowstone Irrigation Project, or any other non-Federal entity with respect to operations and maintenance of the channel.

This section designates the Secretary of the Interior as the sole entity responsible for operations, maintenance, repairs, and infrastructure improvements of the Lower Yellowstone Fish Bypass Channel—a facility designed to enable endangered pallid sturgeon (*Scaphirhynchus albus*) to bypass irrigation diversions on the Lower Yellowstone River—relieving the Lower Yellowstone Irrigation District and other non-Federal entities of any financial burden. The section authorizes appropriations of $1 million for FY2026 and each fiscal year thereafter for continuous operation, engineering evaluations and upgrades, and adaptive management strategies, with funds to be administered solely by the Secretary without transfer to non-Federal entities. The section further requires the Secretary to submit biennial reports to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources describing the channel's operational status, repairs and modifications, updated cost analyses, and coordination with the U.S. Fish and Wildlife Service, Army Corps of Engineers, and state agencies.

This section specifies that nothing in the 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 Project; (3) imposes any new regulatory obligations, requirements, or liabilities on the Lower Yellowstone Irrigation District, 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 or the National Environmental Policy Act of 1969.