Lower Yellowstone River Native Fish Conservation Act
- Sponsor
- Sen. Daines, Steve [R-MT]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Mar 17, 2026
Bottom line
This bill solidifies federal responsibility and funding for the Lower Yellowstone Fish Bypass Channel, shielding local irrigation entities from associated costs and ensuring long-term conservation efforts for the endangered pallid sturgeon.
What it actually does
This bill legally reaffirms that the Bureau of Reclamation holds exclusive ownership, operational control, and financial responsibility for the Lower Yellowstone Fish Bypass Channel. It explicitly prohibits any transfer of these burdens to the Lower Yellowstone Irrigation District or Project and declares any prior attempts to do so null and void. Furthermore, it authorizes an annual appropriation of $1,000,000 for the ongoing operation, maintenance, and adaptive management of the bypass channel.
Proponents argue
Supporters argue that this bill provides crucial legal clarity and certainty, preventing undue financial and operational burdens from being shifted onto local agricultural entities. They contend it upholds the original intent of federal responsibility for endangered species mitigation, ensuring the long-term viability of a critical environmental project without penalizing local communities for federal mandates.
Opponents contend
Potential opponents might argue that legislatively mandating specific annual appropriations for a project reduces budgetary flexibility and sets a precedent for earmarking funds that could otherwise be allocated through the regular appropriations process based on evolving priorities. Some might also generally advocate for greater local cost-sharing in federal projects, even for environmental mitigation, if there are any perceived local benefits from the broader water management system.
The bill is concise and clearly written, making it accessible for a quick but thorough understanding of its provisions.
Section 4
Exclusive Federal Ownership and Control of Bypass Channel
This section mandates that the Secretary of the Interior, acting through the Commissioner of Reclamation, will retain full and perpetual ownership, operational authority, and financial responsibility for the Lower Yellowstone Fish Bypass Channel. It explicitly forbids any administrative action, agreement, or transfer from delegating these responsibilities to any non-Federal entity, including the Lower Yellowstone Irrigation District or Project.
Supporters argue
Supporters argue this provision provides essential legal certainty, preventing future attempts to shift federal obligations onto local entities. It ensures the original intent of federal responsibility for endangered species mitigation is upheld, protecting local agricultural interests.
Critics contend
No direct opposition to this specific provision is typically raised, as it clarifies existing federal responsibility. However, some might generally argue for greater local cost-sharing in federal projects, but the bill's findings preempt this by stating the channel is outside the irrigation project's boundaries and a federal mandate.
Tradeoffs
This provision balances the need for clear responsibility for endangered species protection with protecting local agricultural interests from unforeseen costs. The tradeoff is that federal taxpayers bear the full cost, rather than potentially sharing it with local beneficiaries or those impacted by the dam.
Section 5
Federal Responsibility for Endangered Species Act Compliance
This section reaffirms that the Secretary of the Interior and the Director of the U.S. Fish and Wildlife Service are exclusively responsible for fulfilling all obligations under the Endangered Species Act (ESA) related to the Lower Yellowstone Fish Bypass Channel and the pallid sturgeon. It explicitly states that the Lower Yellowstone Irrigation District and Project are not required to perform, fund, or participate in any ESA-mandated activities associated with the bypass channel.
Section 6
Prohibition of Transfer and Invalidation of Prior Agreements
This section strictly prohibits the Secretary from transferring, delegating, or assigning any financial, operational, or maintenance responsibilities for the Lower Yellowstone Fish Bypass Channel to any non-Federal entity, including the Lower Yellowstone Irrigation District or Project. Crucially, it declares any prior administrative action, agreement, or cost-sharing arrangement that attempted such a transfer to be null and void, and requires the Secretary to terminate any provisions of existing agreements inconsistent with this Act.
Section 8
Dedicated Federal Funding for Bypass Channel Operations
This section designates the Secretary as the sole entity responsible for the operations, maintenance, and repairs of the Lower Yellowstone Fish Bypass Channel. It authorizes an appropriation of $1,000,000 for fiscal year 2026 and each fiscal year thereafter to ensure continuous operation, fund necessary engineering evaluations, repairs, upgrades, and implement adaptive management strategies. It explicitly states that these funds cannot be transferred or delegated to non-Federal entities.