,,ii #aaith ,,congress #ast ,session ,s4 #cdji ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #i1 #bjbe,mr4 ,daines introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to reaffirm that the ,bureau of ,reclamation retains exclusive ownership1 operational control1 and financial responsibility for the ,lower ,yellowstone ,fish ,bypass ,channel1 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 burdens1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,lower ,yellowstone ,river ,native ,fish ,conservation ,act4 #b4 ,findings ,congress finds that-- 7#a7 the ,lower ,yellowstone ,fish ,bypass ,channel-- 7,a7 was authorized under section #caji of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #aace7 as a ,federal mitigation measure for impacts on the pallid sturgeon 7,scaphirhynchus albus7 under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 was designed and constructed by the ,corps of ,engineers and the ,bureau of ,reclamation using funds from the ,missouri ,river ,recovery ,program and other ,federal appropriations specifically allocated for ecosystem restoration and endangered species mitigation2 and 7,c7 is located outside the physical and operational boundaries of the ,lower ,yellowstone ,irrigation ,project and the ,lower ,yellowstone ,irrigation ,district2 7#b7 the ,bureau of ,reclamation retains sole ownership1 operational jurisdiction1 and maintenance responsibilities for the ,lower ,yellowstone ,fish ,bypass ,channel and related infrastructure2 7#c7 the ,lower ,yellowstone ,irrigation ,project was federally authorized in #aijd under the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 to provide irrigation water to agricultural land in eastern ,montana and western ,north ,dakota2 7#d7 the ,lower ,yellowstone ,irrigation ,district1 established under ,montana and ,north ,dakota ,state laws1 has never had ownership1 operational responsibility1 or maintenance obligations relating to the ,lower ,yellowstone ,fish ,bypass ,channel2 7#e7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 mandates ,federal protection and recovery actions for listed species1 including the pallid sturgeon 7,scaphirhynchus albus72 7#f7 endangered species recovery1 including construction of the ,lower ,yellowstone ,fish ,bypass ,channel1 is solely a ,federal responsibility2 7#g7 the ,bureau of ,reclamation opted to construct the ,lower ,yellowstone ,fish ,bypass ,channel to comply with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 because the ,intake ,diversion ,dam is federally owned and operated1 rather than owned or operated by the ,lower ,yellowstone ,irrigation ,district or the ,lower ,yellowstone ,irrigation ,project2 7#h7 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 environmental mitigation project2 7#i7 the ,lower ,yellowstone ,fish ,bypass ,channel is legally separate and distinct from the ,lower ,yellowstone ,irrigation ,project and the ,lower ,yellowstone ,irrigation ,district2 and 7#aj7 without legislative clarity1 future administrative 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 ,district1 which is a scenario that contradicts the original intent of the authorization for the ,lower ,yellowstone ,fish ,bypass ,channel under the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #ajda74 #c4 ,definitions ,in this ,act3 7#a7 ,lower ,yellowstone ,fish ,bypass ,channel ,the term ,lower ,yellowstone ,fish ,bypass ,channel means the #b4a-mile-long engineered fish passage channel constructed near ,intake1 ,montana1 designed to facilitate the migration of pallid sturgeon 7,scaphirhynchus albus7 and other native fish species around the ,intake ,diversion ,dam located near ,intake1 ,montana4 7#b7 ,lower ,yellowstone ,irrigation ,district ,the term ,lower ,yellowstone ,irrigation ,district means the local1 ,state-chartered water management entity responsible for operating and maintaining the irrigation components of the ,lower ,yellowstone ,irrigation ,project4 7#c7 ,lower ,yellowstone ,irrigation ,project ,the term ,lower ,yellowstone ,irrigation ,project means the ,federal irrigation system-- 7,a7 authorized in #aijd under the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic72 and 7,b7 operated in partnership with the ,lower ,yellowstone ,irrigation ,district for agricultural water delivery4 7#d7 ,operations and maintenance ,the term operations and maintenance means all actions1 costs1 and labor necessary to operate1 repair1 upgrade1 and maintain the ,lower ,yellowstone ,fish ,bypass ,channel4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation4 #d4 ,reaffirmation of ,federal ownership and responsibility 7a7 ,sole ownership and control 7#a7 ,in general ,the ,secretary shall retain full ownership1 operational authority1 and financial responsibility for the ,lower ,yellowstone ,fish ,bypass ,channel in perpetuity4 7#b7 ,administrative actions1 agreements1 or transfers ,no administrative action1 agreement1 or transfer shall alter1 diminish1 or delegate to any non-,federal entity1 including the ,lower ,yellowstone ,irrigation ,district or the ,lower ,yellowstone ,irrigation ,project1 the responsibilities and authorities described in paragraph 7#a7 with respect to the ,lower ,yellowstone ,fish ,bypass ,channel4 7#c7 ,effect ,nothing in this ,act prevents the ,secretary from retaining the authority to enter into agreements with1 coordinate1 or otherwise work with the head of any other ,federal agency1 including with respect to funding1 planning1 or implementation of activities authorized under this ,act or any other ,act4 7b7 ,operation and maintenance obligations ,the ,secretary shall be solely responsible for funding1 operating1 and maintaining the ,lower ,yellowstone ,fish ,bypass ,channel1 including any repairs1 modifications1 or adaptive management strategies4 7c7 ,prohibition of cost transfer ,no ,federal agency may impose1 mandate1 or require the ,lower ,yellowstone ,irrigation ,district1 the ,lower ,yellowstone ,irrigation ,project1 or any other non-,federal entity to assume financial or operational responsibility for any aspect of the ,lower ,yellowstone ,fish ,bypass ,channel4 7d7 ,relationship to the ,lower ,yellowstone ,irrigation ,district or the ,lower ,yellowstone ,irrigation ,project ,nothing in this ,act alters1 amends1 or otherwise affects the authorized purposes1 water delivery obligations1 or operational responsibilities of the ,lower ,yellowstone ,irrigation ,district or the ,lower ,yellowstone ,irrigation ,project4 #e4 ,preservation of ,endangered ,species ,act obligations 7a7 ,federal responsibility for pallid sturgeon recovery 7#a7 ,in general ,the ,secretary and the ,director of the ,united ,states ,fish and ,wildlife ,service shall retain exclusive responsibility for fulfilling obligations relating to the pallid sturgeon 7,scaphirhynchus albus7 under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 with respect to the ,lower ,yellowstone ,fish ,bypass ,channel4 7#b7 ,no obligation on the ,lower ,yellowstone ,irrigation ,district or the ,lower ,yellowstone ,irrigation ,project ,the ,lower ,yellowstone ,irrigation ,district and the ,lower ,yellowstone ,irrigation ,project shall not be required to perform1 fund1 or participate in any activities mandated under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 relating to the ,lower ,yellowstone ,fish ,bypass ,channel or pallid sturgeon 7,scaphirhynchus albus7 conservation associated with the ,lower ,yellowstone ,fish ,bypass ,channel4 7b7 ,coordination with ,state and ,federal ,agencies ,the ,secretary shall coordinate with ,montana ,fish1 ,wildlife and ,parks1 the ,north ,dakota ,game and ,fish ,department1 the ,united ,states ,fish and ,wildlife ,service1 and other relevant agencies to ensure proper conservation measures for the pallid sturgeon 7,scaphirhynchus albus7 without burdening private or local irrigation operations4 #f4 ,prohibition of transfer of responsibilities 7a7 ,limitation on transfer or delegation 7#a7 ,in general ,the ,secretary shall not transfer1 delegate1 or assign any financial1 operational1 or maintenance responsibilities for the ,lower ,yellowstone ,fish ,bypass ,channel to any non-,federal entity1 including-- 7,a7 the ,lower ,yellowstone ,irrigation ,district2 7,b7 the ,lower ,yellowstone ,irrigation ,project2 and 7,c7 any ,state agency1 local government1 or private entity4 7#b7 ,clarification ,no agreement1 contract1 or memorandum of understanding shall have the effect of transferring to the ,lower ,yellowstone ,irrigation ,district1 the ,lower ,yellowstone ,irrigation ,project1 or any other non-,federal entity the ownership of1 responsibility for1 or cost burden of the ,lower ,yellowstone ,fish ,bypass ,channel4 7b7 ,invalidation of prior attempts ,to transfer responsibility 7#a7 ,in general ,any prior administrative action1 agreement1 or cost-sharing arrangement that attempts to impose financial or operational responsibility for the ,lower ,yellowstone ,fish ,bypass ,channel on the ,lower ,yellowstone ,irrigation ,district or the ,lower ,yellowstone ,irrigation ,project shall be null and void4 7#b7 ,termination of agreements ,the ,secretary shall terminate any provision of any agreement that is inconsistent with this ,act4 #g4 ,legal enforcement and judicial review 7a7 ,right ,to petition for ,federal compliance ,the ,lower ,yellowstone ,irrigation ,district1 the ,lower ,yellowstone ,irrigation ,project1 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 entity operational or financial responsibility for the ,lower ,yellowstone ,fish ,bypass ,channel4 7b7 ,jurisdiction ,the ,united ,states ,district ,court for the ,district of ,montana shall have exclusive jurisdiction over any dispute arising under this ,act4 7c7 ,no private cause of action against non-,federal entities ,nothing in this ,act creates a private cause of action against the ,lower ,yellowstone ,irrigation ,district1 the ,lower ,yellowstone ,irrigation ,project1 or any other non-,federal entity with respect to the operations and maintenance of the ,lower ,yellowstone ,fish ,bypass ,channel4 #h4 ,long-term ,federal funding and resource allocation 7a7 ,ongoing ,federal responsibility for operations and maintenance 7#a7 ,in general ,the ,secretary shall be the sole entity responsible for operations and maintenance and repairs of the ,lower ,yellowstone ,fish ,bypass ,channel4 7#b7 ,funding ,the ,secretary shall fund all necessary repairs1 modifications1 and infrastructure improvements to maintain the effectiveness of the ,lower ,yellowstone ,fish ,bypass ,channel4 7#c7 ,no financial burden ,the ,lower ,yellowstone ,irrigation ,district1 the ,lower ,yellowstone ,irrigation ,project1 and any other non-,federal entity shall not bear any financial burden for maintenance1 repairs1 or monitoring of the ,lower ,yellowstone ,fish ,bypass ,channel4 7b7 ,authorization of appropriations 7#a7 ,in ,general ,there is authorized to be appropriated to the ,secretary #a1jjj1jjj for fiscal year #bjbf and each fiscal year thereafter-- 7,a7 to ensure continuous1 uninterrupted operation of the ,lower ,yellowstone ,fish ,bypass ,channel2 7,b7 to conduct necessary engineering evaluations1 repairs1 and upgrades in the ,lower ,yellowstone ,fish ,bypass ,channel as part of an ongoing ,federal commitment to the ,lower ,yellowstone ,fish ,bypass ,channel2 and 7,c7 to implement adaptive management strategies in the ,lower ,yellowstone ,fish ,bypass ,channel to address environmental1 hydrological1 and biological changes affecting pallid sturgeon 7,scaphirhynchus albus7 passage4 7#b7 ,administration of funds ,the ,secretary-- 7,a7 shall administer the funds made available under paragraph 7#a72 and 7,b7 may not transfer or delegate to any non-,federal entity the funds made available under that paragraph4 7c7 ,reporting requirement ,the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a biennial report describing-- 7#a7 the operational status of the ,lower ,yellowstone ,fish ,bypass ,channel2 7#b7 any ongoing or anticipated repairs1 modifications1 or adaptive management actions with respect to the ,lower ,yellowstone ,fish ,bypass ,channel2 7#c7 an updated cost analysis of operations and maintenance of the ,lower ,yellowstone ,fish ,bypass ,channel2 and 7#d7 coordination efforts between the ,secretary1 the ,director of the ,united ,states ,fish and ,wildlife ,service1 the ,chief of ,engineers1 and ,state agencies with respect to the ,lower ,yellowstone ,fish ,bypass ,channel4 #i4 ,effect ,nothing in this ,act-- 7#a7 modifies or diminishes the authorized purposes of the ,lower ,yellowstone ,irrigation ,project or the ,lower ,yellowstone ,irrigation ,district2 7#b7 affects any existing water rights of1 or contracts or agreements between1 the ,secretary and the ,lower ,yellowstone ,irrigation ,district or the ,lower ,yellowstone ,irrigation ,project2 7#c7 imposes any new regulatory obligations1 requirements1 or liabilities on the ,lower ,yellowstone ,irrigation ,district1 the ,lower ,yellowstone ,irrigation ,project1 or any other non-,federal entity2 7#d7 modifies or impairs ,state water law or any existing agreements relating to water distribution and irrigation operations2 or 7#e7 alters the statutory and regulatory obligations of ,federal agencies under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474