S. 3409 — 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 (P.L. 110-114) as Endangered Species Act mitigation for the pallid sturgeon—was constructed by the Corps of Engineers and Bureau of Reclamation using federal funds from the Missouri River Recovery Program; lies outside the Lower Yellowstone Irrigation Project (authorized in 1904); and remains under sole federal ownership, operation, and maintenance by the Bureau of Reclamation, with no responsibilities for the Lower Yellowstone Irrigation District. (Thus, the findings affirm endangered species recovery as a solely federal obligation and caution against shifting channel costs to the irrigation district.)

This section defines five terms for purposes of the Act: (1) Lower Yellowstone Fish Bypass Channel, meaning 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, meaning the State-chartered entity responsible for operating and maintaining irrigation components of the Lower Yellowstone Irrigation Project; (3) Lower Yellowstone Irrigation Project, meaning the federal irrigation system authorized in 1904 under the Act of June 17, 1902 (32 Stat. 388, ch. 1093) and operated in partnership with the Irrigation District for agricultural water delivery; (4) operations and maintenance, meaning all actions, costs, and labor necessary to operate, repair, upgrade, and maintain the Fish Bypass Channel; and (5) Secretary, meaning the Secretary of the Interior acting through the Commissioner of Reclamation.

This section requires the Secretary of the Interior to retain sole ownership, operational authority, and financial responsibility for the Lower Yellowstone Fish Bypass Channel—a Bureau of Reclamation facility on the Yellowstone River designed to protect endangered fish species such as the pallid sturgeon by diverting them around irrigation intakes—in perpetuity. It prohibits any administrative action, agreement, or transfer that would delegate such responsibilities to non-Federal entities, including the Lower Yellowstone Irrigation Project or Irrigation District; requires the Secretary to solely fund, operate, and maintain the channel (including repairs and adaptive management); and bars any Federal agency from imposing financial or operational costs on non-Federal entities. The section specifies that it does not alter the authorized purposes, water delivery obligations, or operational responsibilities of the Lower Yellowstone Irrigation Project or Irrigation District.

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 at 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. The section 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 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 transports fish past irrigation diversion structures on the Yellowstone River—to any non-Federal entity, including the Lower Yellowstone Irrigation District, Lower Yellowstone Irrigation Project, state agencies, local governments, or private entities. It declares null and void any prior administrative actions, agreements, or cost-sharing arrangements that imposed such responsibilities on the Irrigation District or Project and directs the Secretary to terminate inconsistent agreement provisions.

This section establishes (1) a right for the Lower Yellowstone Irrigation District, Lower Yellowstone Irrigation Project, and affected stakeholders to seek a declaratory judgment or other relief in federal district court if the Secretary of the Interior attempts to transfer operational or financial responsibility for the Lower Yellowstone Fish Bypass Channel to a non-Federal entity; (2) exclusive jurisdiction in the U.S. District Court for the District of Montana over disputes arising under the Act; and (3) that the Act creates no private cause of action against the Lower Yellowstone Irrigation District, Lower Yellowstone Irrigation Project, or other non-Federal entities regarding operations and maintenance of the channel.

This section designates the Secretary of the Interior as the sole entity responsible for operations, maintenance, repairs, and funding of the Lower Yellowstone Fish Bypass Channel (i.e., a fish passage facility on the Yellowstone River designed to enable upstream migration of endangered pallid sturgeon past an irrigation diversion) and prohibits any financial burden on non-federal entities such as the Lower Yellowstone Irrigation District. 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; requires the Secretary to administer such funds without transfer or delegation to non-federal entities; and directs biennial reports to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources on operational status, repairs or modifications, cost analyses, and interagency coordination efforts.

This section states 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 existing water rights or contracts or agreements between the Secretary and the District or Project; (3) imposes new regulatory obligations, requirements, or liabilities on the District, Project, or any non-Federal entity; (4) modifies or impairs State water law or 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 or National Environmental Policy Act.