I 
119TH CONGRESS 
1ST SESSION H. R. 6568 
To reaffirm that the Bureau of Reclamation retains exclusive ownership, 
operational control, and financial responsibility for the Lower Yellowstone 
Fish Bypass Channel, ensuring long-term conservation of the endangered 
pallid sturgeon and other native aquatic species in the Yellowstone River 
while protecting the Lower Yellowstone Irrigation Project and District 
from undue financial and operational burdens, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 10, 2025 
Mr. DOWNING introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To reaffirm that the Bureau of Reclamation retains exclusive 
ownership, operational control, and financial responsi-
bility for the Lower Yellowstone Fish Bypass Channel, 
ensuring long-term conservation of the endangered pallid 
sturgeon and other native aquatic species in the Yellow-
stone River while protecting the Lower Yellowstone Irri-
gation Project and District from undue financial and 
operational burdens, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Lower Yellowstone 
River Native Fish Conservation Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the Lower Yellowstone Fish Bypass Chan-
nel— 
(A) was authorized under section 3109 of 
the Water Resources Development Act of 2007 
(Public Law 110–114; 121 Stat. 1135) as a 
Federal mitigation measure for impacts on the 
pallid sturgeon (Scaphirhynchus albus) under 
the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 
(B) was designed and constructed by the 
Corps of Engineers and the Bureau of Rec-
lamation using funds from the Missouri River 
Recovery Program and other Federal appro-
priations specifically allocated for ecosystem 
restoration and endangered species mitigation; 
and 
(C) is located outside the physical and 
operational boundaries of the Lower Yellow-
stone Irrigation Project and the Lower Yellow-
stone Irrigation District; 
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) the Bureau of Reclamation retains sole 
ownership, operational jurisdiction, and maintenance 
responsibilities for the Lower Yellowstone Fish By-
pass Channel and related infrastructure; 
(3) the Lower Yellowstone Irrigation Project 
was federally authorized in 1904 under the Act of 
June 17, 1902 (32 Stat. 388, chapter 1093), to pro-
vide irrigation water to agricultural land in eastern 
Montana and western North Dakota; 
(4) the Lower Yellowstone Irrigation District, 
established under Montana and North Dakota State 
laws, has never had ownership, operational responsi-
bility, or maintenance obligations relating to the 
Lower Yellowstone Fish Bypass Channel; 
(5) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) mandates Federal protection 
and recovery actions for listed species, including the 
pallid sturgeon (Scaphirhynchus albus); 
(6) endangered species recovery, including con-
struction of the Lower Yellowstone Fish Bypass 
Channel, is solely a Federal responsibility; 
(7) the Bureau of Reclamation opted to con-
struct the Lower Yellowstone Fish Bypass Channel 
to comply with the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) because the Intake Diver-
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
sion Dam is federally owned and operated, rather 
than owned or operated by the Lower Yellowstone 
Irrigation District or the Lower Yellowstone Irriga-
tion Project; 
(8) the Lower Yellowstone Irrigation District or 
the Lower Yellowstone Irrigation Project cannot and 
should not be burdened with financial or operational 
responsibility for a federally mandated environ-
mental mitigation project; 
(9) the Lower Yellowstone Fish Bypass Chan-
nel is legally separate and distinct from the Lower 
Yellowstone Irrigation Project and the Lower Yel-
lowstone Irrigation District; and 
(10) without legislative clarity, future adminis-
trative actions could inappropriately attempt to shift 
the burden of operations and maintenance costs of 
the Lower Yellowstone Fish Bypass Channel onto 
the Lower Yellowstone Irrigation District, which is 
a scenario that contradicts the original intent of the 
authorization for the Lower Yellowstone Fish By-
pass Channel under the Water Resources Develop-
ment Act of 2007 (Public Law 110–114; 121 Stat. 
1041). 
SEC. 3. DEFINITIONS. 
In this Act: 
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) LOWER YELLOWSTONE FISH BYPASS CHAN-
NEL.—The term ‘‘Lower Yellowstone Fish Bypass 
Channel’’ means the 2.1-mile-long engineered fish 
passage channel constructed near Intake, Montana, 
designed to facilitate the migration of pallid stur-
geon (Scaphirhynchus albus) and other native fish 
species around the Intake Diversion Dam located 
near Intake, Montana. 
(2) LOWER
YELLOWSTONE
IRRIGATION
DIS-
TRICT.—The term ‘‘Lower Yellowstone Irrigation 
District’’ means 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.—The term ‘‘Lower Yellowstone Irrigation 
Project’’ means the Federal irrigation system— 
(A) authorized in 1904 under the Act of 
June 17, 1902 (32 Stat. 388, chapter 1093); 
and 
(B) operated in partnership with the 
Lower Yellowstone Irrigation District for agri-
cultural water delivery. 
(4) OPERATIONS
AND
MAINTENANCE.—The 
term ‘‘operations and maintenance’’ means all ac-
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tions, costs, and labor necessary to operate, repair, 
upgrade, and maintain the Lower Yellowstone Fish 
Bypass Channel. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the 
Commissioner of Reclamation. 
SEC. 4. REAFFIRMATION OF FEDERAL OWNERSHIP AND RE-
SPONSIBILITY. 
(a) SOLE OWNERSHIP AND CONTROL.— 
(1) IN GENERAL.—The Secretary shall retain 
full ownership, operational authority, and financial 
responsibility for the Lower Yellowstone Fish By-
pass Channel in perpetuity. 
(2) ADMINISTRATIVE
ACTIONS, AGREEMENTS, 
OR
TRANSFERS.—No administrative action, agree-
ment, or transfer shall alter, diminish, or delegate to 
any non-Federal entity, including the Lower Yellow-
stone Irrigation District or the Lower Yellowstone 
Irrigation Project, the responsibilities and authori-
ties described in paragraph (1) with respect to the 
Lower Yellowstone Fish Bypass Channel. 
(3) EFFECT.—Nothing in this Act prevents the 
Secretary from retaining the authority to enter into 
agreements with, coordinate, or otherwise work with 
the head of any other Federal agency, including with 
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
respect to funding, planning, or implementation of 
activities authorized under this Act or any other Act. 
(b) OPERATION AND MAINTENANCE OBLIGATIONS.— 
The Secretary shall be solely responsible for funding, oper-
ating, and maintaining the Lower Yellowstone Fish By-
pass Channel, including any repairs, modifications, or 
adaptive management strategies. 
(c) PROHIBITION OF COST TRANSFER.—No Federal 
agency may impose, mandate, or require the Lower Yel-
lowstone Irrigation District, the Lower Yellowstone Irriga-
tion Project, or any other non-Federal entity to assume 
financial or operational responsibility for any aspect of the 
Lower Yellowstone Fish Bypass Channel. 
(d) RELATIONSHIP TO THE LOWER YELLOWSTONE 
IRRIGATION DISTRICT OR THE LOWER YELLOWSTONE IR-
RIGATION PROJECT.—Nothing in this Act alters, amends, 
or otherwise affects the authorized purposes, water deliv-
ery obligations, or operational responsibilities of the Lower 
Yellowstone Irrigation District or the Lower Yellowstone 
Irrigation Project. 
SEC. 5. PRESERVATION OF ENDANGERED SPECIES ACT OB-
LIGATIONS. 
(a) FEDERAL RESPONSIBILITY FOR PALLID STUR-
GEON RECOVERY.— 
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) IN GENERAL.—The Secretary and the Di-
rector of the United States Fish and Wildlife Service 
shall retain exclusive responsibility for fulfilling obli-
gations 
relating 
to 
the 
pallid 
sturgeon 
(Scaphirhynchus albus) under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.) with re-
spect to the Lower Yellowstone Fish Bypass Chan-
nel. 
(2) NO OBLIGATION ON THE LOWER YELLOW-
STONE IRRIGATION DISTRICT OR THE LOWER YEL-
LOWSTONE IRRIGATION PROJECT.—The Lower Yel-
lowstone Irrigation District and the Lower Yellow-
stone Irrigation Project shall not be required to per-
form, fund, or participate in any activities mandated 
under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) relating to the Lower Yellow-
stone Fish Bypass Channel or pallid sturgeon 
(Scaphirhynchus albus) conservation associated with 
the Lower Yellowstone Fish Bypass Channel. 
(b) COORDINATION WITH STATE
AND FEDERAL 
AGENCIES.—The Secretary shall coordinate with Montana 
Fish, Wildlife and Parks, the North Dakota Game and 
Fish Department, the United States Fish and Wildlife 
Service, and other relevant agencies to ensure proper con-
servation 
measures 
for 
the 
pallid 
sturgeon 
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(Scaphirhynchus albus) without burdening private or local 
irrigation operations. 
SEC. 6. PROHIBITION OF TRANSFER OF RESPONSIBILITIES. 
(a) LIMITATION ON TRANSFER OR DELEGATION.— 
(1) IN
GENERAL.—The Secretary shall not 
transfer, delegate, or assign any financial, oper-
ational, or maintenance responsibilities for the 
Lower Yellowstone Fish Bypass Channel to any non- 
Federal entity, including— 
(A) the Lower Yellowstone Irrigation Dis-
trict; 
(B) the Lower Yellowstone Irrigation 
Project; and 
(C) any State agency, local government, or 
private entity. 
(2) CLARIFICATION.—No agreement, contract, 
or memorandum of understanding shall have the ef-
fect of transferring to the Lower Yellowstone Irriga-
tion District, the Lower Yellowstone Irrigation 
Project, or any other non-Federal entity the owner-
ship of, responsibility for, or cost burden of the 
Lower Yellowstone Fish Bypass Channel. 
(b) INVALIDATION OF PRIOR ATTEMPTS TO TRANS-
FER RESPONSIBILITY.— 
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) IN GENERAL.—Any prior administrative ac-
tion, agreement, or cost-sharing arrangement that 
attempts to impose financial or operational responsi-
bility for the Lower Yellowstone Fish Bypass Chan-
nel on the Lower Yellowstone Irrigation District or 
the Lower Yellowstone Irrigation Project shall be 
null and void. 
(2) TERMINATION OF AGREEMENTS.—The Sec-
retary shall terminate any provision of any agree-
ment that is inconsistent with this Act. 
SEC. 7. LEGAL ENFORCEMENT AND JUDICIAL REVIEW. 
(a) RIGHT TO PETITION FOR FEDERAL COMPLI-
ANCE.—The Lower Yellowstone Irrigation District, the 
Lower Yellowstone Irrigation Project, and any affected 
stakeholder may file a complaint in Federal District Court 
seeking a declaratory judgment or other appropriate relief 
if the Secretary attempts to transfer to a non-Federal en-
tity operational or financial responsibility for the Lower 
Yellowstone Fish Bypass Channel. 
(b) JURISDICTION.—The United States District 
Court for the District of Montana shall have exclusive ju-
risdiction over any dispute arising under this Act. 
(c) NO PRIVATE CAUSE OF ACTION AGAINST NON- 
FEDERAL ENTITIES.—Nothing in this Act creates a pri-
vate cause of action against the Lower Yellowstone Irriga-
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tion District, the Lower Yellowstone Irrigation Project, or 
any other non-Federal entity with respect to the oper-
ations and maintenance of the Lower Yellowstone Fish 
Bypass Channel. 
SEC. 8. LONG-TERM FEDERAL FUNDING AND RESOURCE 
ALLOCATION. 
(a) ONGOING FEDERAL RESPONSIBILITY FOR OPER-
ATIONS AND MAINTENANCE.— 
(1) IN GENERAL.—The Secretary shall be the 
sole entity responsible for operations and mainte-
nance and repairs of the Lower Yellowstone Fish 
Bypass Channel. 
(2) FUNDING.—The Secretary shall fund all 
necessary repairs, modifications, and infrastructure 
improvements to maintain the effectiveness of the 
Lower Yellowstone Fish Bypass Channel. 
(3) NO FINANCIAL BURDEN.—The Lower Yel-
lowstone Irrigation District, the Lower Yellowstone 
Irrigation Project, and any other non-Federal entity 
shall not bear any financial burden for maintenance, 
repairs, or monitoring of the Lower Yellowstone 
Fish Bypass Channel. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) IN GENERAL.—There is authorized to be 
appropriated to the Secretary $1,000,000 for fiscal 
year 2026 and each fiscal year thereafter— 
(A) to ensure continuous, uninterrupted 
operation of the Lower Yellowstone Fish By-
pass Channel; 
(B) to conduct necessary engineering eval-
uations, repairs, and upgrades in the Lower 
Yellowstone Fish Bypass Channel as part of an 
ongoing Federal commitment to the Lower Yel-
lowstone Fish Bypass Channel; and 
(C) to implement adaptive management 
strategies in the Lower Yellowstone Fish By-
pass 
Channel 
to 
address 
environmental, 
hydrological, and biological changes affecting 
pallid sturgeon (Scaphirhynchus albus) passage. 
(2) ADMINISTRATION
OF
FUNDS.—The Sec-
retary— 
(A) shall administer the funds made avail-
able under paragraph (1); and 
(B) may not transfer or delegate to any 
non-Federal entity the funds made available 
under that paragraph. 
(c) REPORTING REQUIREMENT.—The Secretary shall 
submit to the Committee on Energy and Natural Re-
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
sources of the Senate and the Committee on Natural Re-
sources of the House of Representatives a biennial report 
describing— 
(1) the operational status of the Lower Yellow-
stone Fish Bypass Channel; 
(2) any ongoing or anticipated repairs, modi-
fications, or adaptive management actions with re-
spect to the Lower Yellowstone Fish Bypass Chan-
nel; 
(3) an updated cost analysis of operations and 
maintenance of the Lower Yellowstone Fish Bypass 
Channel; and 
(4) coordination efforts between the Secretary, 
the Director of the United States Fish and Wildlife 
Service, the Chief of Engineers, and State agencies 
with respect to the Lower Yellowstone Fish Bypass 
Channel. 
SEC. 9. EFFECT. 
Nothing in this Act— 
(1) modifies or diminishes the authorized pur-
poses of the Lower Yellowstone Irrigation Project or 
the Lower Yellowstone Irrigation District; 
(2) affects any existing water rights of, or con-
tracts or agreements between, the Secretary and the 
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB
Lower Yellowstone Irrigation District or the Lower 
Yellowstone Irrigation Project; 
(3) imposes any new regulatory obligations, re-
quirements, or liabilities on the Lower Yellowstone 
Irrigation District, the Lower Yellowstone Irrigation 
Project, or any other non-Federal entity; 
(4) modifies or impairs State water law or any 
existing agreements relating to water distribution 
and irrigation operations; or 
(5) alters the statutory and regulatory obliga-
tions of Federal agencies under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) or the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
Æ 
VerDate Sep 11 2014 
21:43 Dec 23, 2025
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H6568.IH
H6568
kjohnson on DSK7ZCZBW3PROD with $$_JOB