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

This bill, known as the Lower Yellowstone River Native Fish Conservation Act, aims to establish clear federal responsibility for the Lower Yellowstone Fish Bypass Channel, which is designed to aid the endangered pallid sturgeon and other native fish species. Here's a breakdown of what the bill intends to do:

1. Ownership and Control

The bill reaffirms that the Bureau of Reclamation has sole ownership, operational control, and financial responsibility for the Lower Yellowstone Fish Bypass Channel indefinitely. This includes:

• Maintaining control over the operations and maintenance of the bypass channel.
• Ensuring that the Lower Yellowstone Irrigation District and the Lower Yellowstone Irrigation Project are not responsible for any financial or operational responsibilities for the bypass channel.
• Preventing any agreements or actions that would transfer these responsibilities to non-federal entities.

2. Endangered Species Protection

The bill highlights that the obligations for recovery efforts related to the pallid sturgeon under the Endangered Species Act remain a federal responsibility, specifically the roles of the Secretary of the Interior and the Director of the U.S. Fish and Wildlife Service. It specifies that:

• The Lower Yellowstone Irrigation District and Project will not be required to contribute to or fund any endangered species conservation activities linked to the bypass channel.
• The Secretary must work with state and federal fish and wildlife agencies to ensure proper measures for pallid sturgeon conservation, without imposing costs on local irrigation operations.

3. Funding and Resources

The bill authorizes annual federal funding of $1,000,000 starting in fiscal year 2026 for the operations, maintenance, and necessary repairs of the Lower Yellowstone Fish Bypass Channel. This funding is for:

• Continuous operations and improvements to ensure effectiveness.
• Engaging in adaptive management strategies in response to environmental and biological changes impacting the fish passage.

4. Legal Provisions

The bill establishes legal rights for the Lower Yellowstone Irrigation District and Project to challenge any attempts by the Secretary to transfer financial or operational responsibilities to them. Key aspects include:

• Providing the right to take legal action if responsibilities are improperly assigned to non-federal entities.
• Designating the U.S. District Court for the District of Montana as the venue for such disputes.

5. Clarification of Responsibilities

It asserts that:

• The federal responsibilities for the bypass channel are separate and distinct from the responsibilities of the Lower Yellowstone Irrigation District and the Lower Yellowstone Irrigation Project.
• Prior attempts to impose costs on the irrigation entities related to the bypass channel will be voided.

6. Environmental Impacts

The legislation does not change the original purposes of the Lower Yellowstone Irrigation Project nor does it impose new regulatory burdens. It maintains that:

• The existing water rights and contracts between the Bureau of Reclamation and the irrigation entities remain unchanged.
• No new liabilities will be created for the irrigation entities due to the implementation of this bill.

7. Reporting Requirements

The Secretary is tasked with submitting biennial reports to Congress detailing:

• The operational status of the bypass channel and any modifications or improvements.
• Coordination efforts with federal and state agencies regarding the channel.

8. Legislative Intent

The purpose of the bill is to provide assurance that federal entities will manage the Lower Yellowstone Fish Bypass Channel, thereby keeping the financial and operational responsibilities away from local irrigation entities, while fulfilling the federal mandate for endangered species protection.

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