US Federal Senate Bill SB3409

US Federal 2025-2026 Regular Session

• Introduced: 12/9/25
• Refer: 12/9/25

Caption

Lower Yellowstone River Native Fish Conservation Act

Summary

SB3409, titled the Lower Yellowstone River Native Fish Conservation Act, would require the Bureau of Reclamation to retain full ownership, operational control, and financial responsibility for the Lower Yellowstone Fish Bypass Channel in perpetuity. The bill states that the bypass channel was built as a federal endangered-species mitigation project for the pallid sturgeon and other native fish, and it would bar any transfer of those responsibilities to the Lower Yellowstone Irrigation District, the Lower Yellowstone Irrigation Project, or any other non-federal entity. It also directs the Secretary of the Interior to continue coordinating with federal and state wildlife agencies on conservation measures. The bill further authorizes $1 million annually beginning in fiscal year 2026 for operations, maintenance, repairs, upgrades, and adaptive management of the bypass channel, and requires biennial reporting to Congress on the channel’s status, costs, and coordination efforts. It includes provisions allowing affected stakeholders to seek judicial review in federal court if responsibility is attempted to be shifted away from the federal government. The bill also expressly says it does not alter the authorized purposes of the irrigation project, existing water rights or agreements, or state water law.

Impact

If enacted, SB3409 would codify federal ownership and responsibility for the Lower Yellowstone Fish Bypass Channel and prevent administrative or contractual efforts to assign its costs or operations to local irrigation entities. It would reinforce the Bureau of Reclamation’s and Fish and Wildlife Service’s obligations under the Endangered Species Act and preserve the separation between the federally built fish passage facility and the Lower Yellowstone Irrigation Project and District. The bill would also create an ongoing federal funding authorization and reporting framework for the channel’s maintenance and conservation-related management.

Sentiment

The bill appears to be framed positively toward federal conservation responsibility and protection of local irrigation interests, with its central purpose being to prevent cost-shifting onto the Lower Yellowstone Irrigation District. The available context shows hearings were held in the Senate Committee on Energy and Natural Resources Subcommittee on Water and Power, but there are no recorded votes or transcript excerpts indicating formal opposition or support. Overall, the bill’s language suggests a pro-conservation, pro-local-irrigation sentiment by emphasizing that the federal government should bear the burden of a federally mandated mitigation project.

Contention

The main point of contention is responsibility for operations, maintenance, and costs of the Lower Yellowstone Fish Bypass Channel. The bill is designed to block any future attempt to transfer those burdens to the Lower Yellowstone Irrigation District, the Lower Yellowstone Irrigation Project, or state/local entities, implying concern that such a transfer could be sought administratively. Another potential issue is the bill’s explicit federal funding commitment, which may raise questions about appropriations and long-term federal obligations, though the text itself presents this as necessary to protect endangered species recovery and avoid imposing liabilities on local irrigation users.