119-S-3409 Journalist Public Summary

Public Summary — S. 3409: Lower Yellowstone River Native Fish Conservation Act

Headline Summary: Makes the federal government—not local irrigators—permanently responsible for the Lower Yellowstone Fish Bypass Channel’s ownership, operation, and costs, to support endangered fish recovery and provide clarity on who pays and who decides.

What It Does: The bill reaffirms that the Bureau of Reclamation alone owns and runs the 2.1‑mile Lower Yellowstone Fish Bypass Channel near Intake, Montana, and must fund all operations, maintenance, and repairs. It bars any transfer of those duties or costs to the Lower Yellowstone Irrigation District (or other non‑federal entities), voids past attempts to shift costs, and allows affected stakeholders to seek review in federal court if a transfer is attempted. It keeps Endangered Species Act responsibilities for the pallid sturgeon squarely federal, authorizes $1,000,000 annually from FY2026 onward for upkeep and adaptive management, and requires biennial reports to Congress. It does not change irrigation water deliveries, water rights, or the irrigation project’s existing responsibilities.

• Who’s For It: Sponsor Sen. Steve Daines (R‑MT).
• Supporters’ case: Clarifies long‑term responsibility for a federally mandated fish passage tied to a federally owned diversion dam; prevents unexpected bills for the Lower Yellowstone Irrigation District; provides steady federal funding and oversight (with biennial reports) while still allowing coordination among federal and state agencies.

• Who’s Against It: No formal opposition is noted in the text. Common concerns could include:
• • A permanent federal funding commitment with limited flexibility for future cost‑sharing models.
• • Constraints on using voluntary partnerships with non‑federal entities if they would imply taking on responsibility or costs.
• • Questions about whether $1 million per year will be sufficient for long‑term maintenance and adaptive management as river conditions change.

What’s Next: The bill was introduced on December 9, 2025, and referred to the Senate Energy and Natural Resources Committee. On March 17, 2026, the Subcommittee on Water and Power held a hearing. Next likely steps are full committee markup and, if approved, a Senate floor vote; the measure would then need House passage before going to the President.