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Congress·In Committee·3 months ago

Congress would lock in federal responsibility for Yellowstone fish bypass, shielding local irrigators from costs

Also known as: Lower Yellowstone River Native Fish Conservation Act

Legislative Progress

✓ Filed
Review
Senate
House
President

Impacts

Mixed Impacts(1)
Federal Employee
Neutral
Positive Impacts(1)
Farmer Rancher
Helps

State Impacts

MontanaMT
Positive

The fish bypass channel is near Intake, Montana, and the bill protects the local irrigation district from being forced to pay for or operate that federal fish passage project. It also directs coordination with Montana Fish, Wildlife and Parks while keeping financial responsibility federal.

North DakotaND
Positive

The Lower Yellowstone Irrigation Project delivers irrigation water to agricultural lands in western North Dakota, and the bill aims to prevent federal agencies from shifting fish-bypass costs onto the local irrigation partners. It also calls for coordination with the North Dakota Game and Fish Department without making the state pay for or run the bypass.

Key Points

  • Congress would require the Interior Department to keep full ownership, control, and all costs for the Lower Yellowstone Fish Bypass Channel.
  • It blocks any federal agency from shifting operation or repair duties to the local irrigation district or other non-federal groups.
  • The goal is to protect endangered pallid sturgeon and other native fish while keeping irrigation water delivery in eastern Montana and western North Dakota from added burdens.
  • The bill would authorize $1,000,000 each year starting in 2026 for upkeep, repairs, and improvements to keep the fish channel working.
  • If the federal government tries to transfer these costs or duties anyway, affected groups could ask a federal court in Montana to stop it.
EnvironmentAgricultureInfrastructureCivil Rights

Milestones

2 milestones2 actions
Dec 9, 2025Senate

Read twice and referred to the Committee on Energy and Natural Resources.

Dec 9, 2025

Introduced in Senate

What Happens Next

Projected impacts based on AI analysis

During fiscal year 2026 (after enactment and after Congress provides funds)

If enacted and funded, the Interior Department uses FY2026 money to operate and maintain the fish bypass channel

The bypass is more likely to stay open and functional, and local irrigation entities are protected from being charged for routine operations and repairs

Soon after enactment, as existing agreements are reviewed

Federal agencies stop (or undo) any agreements that try to make the irrigation district/project pay for or run the bypass

Local farmers and the irrigation district get clearer protection from unexpected bills or responsibilities tied to the bypass

Ongoing each year after enactment, especially after high-water or damage events

Regular repairs, upgrades, and ‘adaptive’ fixes are planned and carried out by the Bureau of Reclamation

Better chance the bypass keeps working as river conditions change, which supports fish passage without disrupting irrigation operations

About 2 years after enactment, then every 2 years

Interior submits the first required biennial report to Congress on bypass condition and costs

Public accounting of what’s working, what needs fixing, and what it costs—useful for future funding decisions

Related News

3 articles
The Roundup·about 2 months ago

Downing, Daines Introduce Bill To Support Irrigation, Protect Montana Endangered Species

Covers the Lower Yellowstone River Native Fish Conservation Act and its aim to keep Bureau of Reclamation ownership, control, and financial responsibility for the Lower Yellowstone fish bypass channel.

CR=
Senator Steve Daines (official site)·3 months ago

Daines, Downing Introduce Bill to Support Irrigation, Protect Montana Endangered Species

Announcement of the bill stating the Bureau of Reclamation would retain exclusive ownership, operational control, and financial responsibility for the Lower Yellowstone fish bypass channel.

R+
Representative Troy Downing (official site)·3 months ago

ICYMI: Downing, Daines Introduce Bill to Support Irrigation, Protect Montana Endangered Species

Reiterates bill details to keep Bureau of Reclamation ownership/control/costs for the Lower Yellowstone fish bypass channel and prevent shifting burdens to local irrigators.

R+

Source Information

Document Type

Congressional Bill

Official Title

Lower Yellowstone River Native Fish Conservation Act

Bill NumberS 3409
Congress119th Congress
ChamberSenate
Latest ActionRead twice and referred to the Committee on Energy and Natural Resources.

Sponsor

Cosponsors

(1)
R: 1

Analysis generated by AI. While we strive for accuracy, this should not be considered legal or professional advice. Always verify information with official government sources.