Summary of H.R. 6568 — Lower Yellowstone River Native Fish Conservation Act

Overview

H.R. 6568, introduced in the House on December 10, 2025 by Rep. Downing, is titled the Lower Yellowstone River Native Fish Conservation Act. The bill seeks to reaffirm Federal ownership, control, and financial responsibility for the Lower Yellowstone Fish Bypass Channel and related infrastructure, with the aim of safeguarding the pallid sturgeon and other native fish while shielding the Lower Yellowstone Irrigation Project and District from burdens—operational or financial—arising from the bypass project.

Purpose and Intent

• Reaffirm and codify that the Bureau of Reclamation (a Federal agency within the Department of the Interior) retains exclusive ownership, operational jurisdiction, and maintenance responsibility for the Lower Yellowstone Fish Bypass Channel.
• Ensure long-term conservation of the endangered pallid sturgeon and other native aquatic species in the Yellowstone River.
• Prevent shifting costs or responsibilities for the bypass channel onto the Lower Yellowstone Irrigation District or the Lower Yellowstone Irrigation Project.

Key Provisions

Section 1 — Short Title

• The act may be cited as the “Lower Yellowstone River Native Fish Conservation Act.”

Section 2 — Findings

• The Lower Yellowstone Fish Bypass Channel was authorized in the Water Resources Development Act of 2007 as a Federal mitigation measure for pallid sturgeon under the Endangered Species Act.
• The channel was designed and constructed with funds provided through the Missouri River Recovery Program and other Federal ecosystem/restoration funds.
• The bypass channel is located outside the physical and operational boundaries of the Lower Yellowstone Irrigation Project and District.
• The Bureau of Reclamation retains sole ownership, operational jurisdiction, and maintenance responsibilities for the bypass channel.
• The Lower Yellowstone Irrigation District and Project should not bear financial or operational burdens for a Federally mandated environmental mitigation project.
• The bypass channel is legally distinct from the irrigation project/district, and there is concern about future administrative actions improperly shifting costs.

Section 3 — Definitions

• Lower Yellowstone Fish Bypass Channel: The 2.1-mile engineered channel near Intake, Montana, for pallid sturgeon and native fish migration around the Intake Diversion Dam.
• Lower Yellowstone Irrigation District: Local entity responsible for irrigation components of the Lower Yellowstone Irrigation Project.
• Lower Yellowstone Irrigation Project: Federally authorized irrigation system (1904) operated in partnership with the District.
• Operations and Maintenance: All activities, costs, and labor to operate, repair, upgrade, and maintain the bypass channel.
• Secretary: Secretary of the Interior, acting through the Commissioner of Reclamation.

Section 4 — Reaffirmation of Federal Ownership and Responsibility

• (a) Sole Ownership and Control: The Secretary (of the Interior) shall retain full ownership, operational authority, and financial responsibility for the Lower Yellowstone Fish Bypass Channel in perpetuity.
• No action by Congress, administrative action, agreement, or transfer shall delegate these responsibilities to non-Federal entities, including the District or the Irrigation Project.
• The Secretary may still coordinate with other Federal agencies for funding, planning, or implementation of activities authorized by this or other laws.
• (b) Operation and Maintenance Obligations: The Secretary is solely responsible for funding, operating, and maintaining the bypass channel, including repairs and adaptive management, as needed.

Definitions of Impact

• The bill principally affects governance and cost-bearing responsibilities for the Lower Yellowstone Fish Bypass Channel, ensuring it remains a Federal obligation and not a local or non-Federal burden.
• By cementing Federal ownership and maintenance, it aims to reduce potential administrative disputes or cost-shifting risks that could affect the irrigation district/project.

Procedural and Timeline Details

• Status: Introduced in the House and referred to the Committee on Natural Resources (Dec. 10, 2025).
• Legislative actions listed: Introduction and committee referral. No floor action or Senate counterpart noted in the provided text.

Potential Implications

• Financial: Ensures ongoing Federal funding for operation, maintenance, and potential repairs of the bypass channel.
• Operational: Maintains centralized Federal control over bypass channel decisions, upgrades, and management.
• Local entities: Protects the Lower Yellowstone Irrigation District and Project from being saddled with byproduct costs related to the environmental mitigation project.
• Conservation: Supports continued Federal action toward pallid sturgeon recovery and native fish conservation in the Yellowstone River.