Overview

Title

To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.

ELI5 AI

The bill called the Northern Montana Water Security Act of 2025 wants to give the Fort Belknap Indian Community their fair share of water and money to fix and build things that help clean and store water, like pipes and wells. It also gives money to another group, the Blackfeet Tribe, to help clean their water, but people are worried that there isn’t enough checking to make sure the money is spent right.

Summary AI

The bill, S. 241, titled "Northern Montana Water Security Act of 2025", proposes a settlement of water rights claims for the Fort Belknap Indian Community in Montana. It establishes the Fort Belknap Indian Community Water Rights Settlement, which recognizes tribal water rights, authorizes land exchanges, and allocates financial resources to build and upgrade water infrastructure on the Fort Belknap Reservation. Additionally, the bill provides funds for wastewater facilities for the Blackfeet Tribe of Montana, aiming to ensure long-term water security and infrastructure improvement for these communities.

Published

2025-01-24
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-01-24
Package ID: BILLS-119s241is

Bill Statistics

Size

Sections:
18
Words:
21,759
Pages:
109
Sentences:
411

Language

Nouns: 7,689
Verbs: 1,220
Adjectives: 582
Adverbs: 89
Numbers: 1,138
Entities: 2,143

Complexity

Average Token Length:
3.98
Average Sentence Length:
52.94
Token Entropy:
5.43
Readability (ARI):
27.20

AnalysisAI

The “Northern Montana Water Security Act of 2025” seeks to address water rights claims for the Fort Belknap Indian Community and to facilitate the construction of wastewater facilities for the Blackfeet Tribe. This landmark bill comprises two primary components: a settlement of water rights for the Fort Belknap Indian Community, and the establishment of wastewater facilities for the Blackfeet Tribe.

General Summary

The core objective of the bill is to achieve a fair settlement of water rights claims for the Fort Belknap Indian Community in Montana. This involves formalizing an agreement with the State of Montana, facilitating the exchange of certain federal and state lands, and establishing funds to support necessary infrastructure and resource management. Additionally, the bill provides funding for the construction and maintenance of wastewater facilities for the Blackfeet Tribe, reinforcing the United States' commitment to supporting Native American tribes in resolving essential infrastructure needs.

Significant Issues

One primary concern with this bill is its long-term financial implications and insufficient clarity on oversight. The bill authorizes substantial expenditures without detailed provisions for accountability, particularly with the $300 million allocation for the Milk River Project mitigation and the $250 million for the Blackfeet Tribe Wastewater Facilities. There are also concerns regarding the potential for uncontrolled spending due to vague language allowing appropriations of "such sums as are necessary."

The allowance for the Fort Belknap Indian Community to lease water rights for up to 100 years and the management of Lake Elwell water resources with minimal restrictions may disrupt equitable distribution and lead to preferential treatment. Furthermore, complex legal language and numerous cross-references within the bill may hinder transparency and accessibility for those affected by these regulations.

Impact on the Public

For the general public, this bill represents an effort by the government to redress historical issues regarding water rights and infrastructure deficiencies affecting Native American tribes. Successfully resolving these claims could lead to enhanced water management and infrastructure development, benefiting both the tribes involved and their neighboring communities by potentially improving environmental quality and resource allocation.

However, the lack of stringent oversight and the potential for financial mismanagement raised in the bill could result in inefficient use of public funds, which may increase public scrutiny and concern over government accountability and fiscal responsibility.

Impact on Specific Stakeholders

For the Fort Belknap Indian Community and the Blackfeet Tribe, this bill holds the promise of increased autonomy and control over critical natural resources, which could result in significant benefits for their economic and social well-being. The establishment of the Aaniiih Nakoda Settlement Trust Fund and the implementation of infrastructure projects support long-term sustainable development for these communities.

Nevertheless, the bill's provisions may also pose challenges due to the complexities involved in managing large funds and projects without explicit oversight mechanisms. The exclusive focus on these two tribes may spark discussions on the distribution of resources and fairness, as other tribes may seek similar levels of support and involvement from the federal government.

Overall, while the legislation aims to rectify longstanding water rights issues and enhance infrastructure for Native American tribes, addressing the areas of concern identified could enhance its effectiveness and acceptance among broader stakeholders.

Financial Assessment

The bill, S. 241, commonly referred to as the "Northern Montana Water Security Act of 2025," outlines significant financial allocations intended to secure water rights and improve water infrastructure for the Fort Belknap Indian Community and the Blackfeet Tribe in Montana. The legislation covers appropriations and financial provisions that carry both opportunities and concerns.

Summary of Financial Provisions

The bill authorizes appropriations under several key sections:

  • Section 106 provides $10,000,000 in financial assistance for land exchanges between the Fort Belknap Indian Community and the State. This allocation is intended to aid in appraisals and administrative requirements necessary for land exchanges.

  • Section 108 authorizes $300,000,000 to mitigate effects on the Milk River Project. However, there are concerns regarding a lack of oversight or accountability measures for this significant allocation. The absence of specific timelines or deadlines could lead to inefficiencies, as noted in the issues section.

  • Section 109 allocates up to $415,832,153 for the rehabilitation, modernization, and expansion of the Fort Belknap Indian Irrigation Project System. The sheer size of this financial commitment necessitates careful oversight to ensure funds are spent effectively.

  • Section 112 establishes the Aaniiih Nakoda Settlement Trust Fund and provides detailed allocations for multiple accounts within the fund. Examples include $9,000,000 for water resources administration and investment earnings on $29,299,059 and $28,331,693 earmarked for tribal management and irrigation project costs, respectively. The Trust Fund's complex structure and substantial sums highlight the need for clear oversight mechanisms to prevent potential misuse.

  • Section 114 outlines broad financial commitments, including up to $89,643,100 for irrigation and water resources development, and $331,885,220 for clean water and sewer systems, showcasing the heavy financial investment in water security. Concerns regarding statements like "such sums as are necessary" indicate potential for uncontrolled spending, without clear limits or criteria for adjustments, adding to issues of financial accountability.

  • Section 201 authorizes $250,000,000 to establish, operate, and maintain wastewater facilities for the Blackfeet Tribe. This singular focus brings concerns of equitable distribution of resources and raises questions about oversight to ensure these funds are effectively allocated and managed.

Financial Implications and Concerns

The financial allocations throughout the bill are extensive and reflect a commitment to improving water infrastructure for Native American tribes in Montana. However, several sections of the bill exhibit potential vulnerabilities in financial oversight and accountability:

  • Lack of Oversight: The bill often authorizes substantial sums without specifying detailed oversight during the implementation phase. This is particularly evident in Sections 108, 109, and 114, where large financial commitments are made but without comprehensive checks and accountability measures.

  • Open-ended and Vague Language: The use of terms like "such sums as are necessary" and stipulations for funding based on "unforeseen market volatility" could lead to budget stretches without defined boundaries. This might result in difficulty controlling expenditures.

  • Complex Structuring: From Section 112's multifaceted trust accounts to Section 106's complicated land exchanges, the complexity could lead to challenges in management and interpretation. The risk of unequal exchanges or fund misuse looms in the absence of stringent management protocols.

  • Potential for Favoritism: The allocation specific to the Blackfeet Tribe for wastewater facilities raises concerns about the equitable distribution of federal resources among tribes, suggesting a potential for perceived favoritism in the allocation of funds.

The intent behind these financial provisions is undeniably pointed towards securing water rights and ensuring infrastructural improvements. Yet, to safeguard against inefficiencies and improper fund management, it is crucial to implement rigorous oversight mechanisms that align with the financial commitments made within the bill.

Issues

  • The provision in Section 105 granting the Fort Belknap Indian Community the authority to lease water rights for up to 100 years may have long-term implications and might be excessive without sufficient oversight. The potential lack of checks and balances, particularly with off-Reservation use, could lead to misuse or disputes.

  • Section 107 allows for the allocation and management of water from Lake Elwell by the Fort Belknap Indian Community with minimal restrictions, potentially favoring them without enough oversight. This could result in imbalances or preferential treatment compared to other entities, raising concerns about equity and financial implications for the government.

  • Section 108 authorizes $300,000,000 for the Milk River Project mitigation without detailed oversight or accountability measures, raising the potential for wasteful spending. There is also a lack of clear timelines or deadlines, which could lead to inefficiencies.

  • In Section 114, the open-ended language authorizing 'such sums as are necessary' for certain projects might lead to uncontrolled spending without clear limits, which is further compounded by vague criteria for adjusting appropriations based on 'unforeseen market volatility'.

  • The exchange and transfer of land detailed in Section 106 involves complex negotiations and technical land descriptions that may be difficult to interpret, potentially leading to unequal exchanges or disputes if not properly managed. Moreover, the provision for $10,000,000 in financial or other assistance lacks clear specifics on usage or monitoring, increasing the risk of wasteful spending.

  • Section 112 establishes the Aaniiih Nakoda Settlement Trust Fund without sufficient oversight mechanisms, potentially leading to the misuse of funds. The Secretary's broad discretion without clearly defined metrics or benchmarks raises issues of inefficiency and lack of accountability.

  • The large sum of $250,000,000 authorized for the Blackfeet Tribe Wastewater Facilities in Section 201 should be scrutinized to ensure these funds are not wastefully spent, especially given the lack of detail on oversight or accountability measures. This concentration of resources on one Tribe may also raise concerns about equitable distribution or favoritism.

  • The language throughout the bill, particularly in Sections 104, 110, and 111, is often complex and includes many cross-references, which could limit understanding by the general public and create challenges in transparency and accountability. The legal complexities might allow for significant modifications without additional oversight or result in disputes.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The Northern Montana Water Security Act of 2025 is a proposed bill with two main titles: the first focuses on the Fort Belknap Indian Community, addressing water rights, land transfers, and funding for settlement-related projects; while the second title pertains to wastewater facilities for the Blackfeet Tribe.

101. Short title Read Opens in new tab

Summary AI

The first section of the bill states that the official short title of the legislation is the "Fort Belknap Indian Community Water Rights Settlement Act of 2025."

102. Purposes Read Opens in new tab

Summary AI

The section outlines the goals of a bill related to water rights in Montana, aiming to fairly settle claims for the Fort Belknap Indian Community and authorize a water rights agreement with the state. It also provides for necessary funding and land exchanges to support this agreement.

103. Definitions Read Opens in new tab

Summary AI

This section provides definitions for terms used in the legal document, mainly associated with the Fort Belknap Indian Reservation and various projects and legal entities related to water rights, including specific titles, geographical locations like the Blackfeet Tribe and the Milk River, and entities such as the Bureau of Reclamation. It helps clarify the roles and meanings of these terms in the context of the legislation focusing on Indian land and water rights.

104. Ratification of Compact Read Opens in new tab

Summary AI

The section explains how a certain Compact is officially approved and highlights the role of the Secretary in executing and possibly modifying it, as long as it doesn't conflict with existing laws. It also specifies that both the Secretary and the Fort Belknap Indian Community must meet environmental laws and regulations when working with the Compact, and details how costs related to environmental compliance will be handled.

105. Tribal water rights Read Opens in new tab

Summary AI

The section confirms and secures the water rights of the Fort Belknap Indian Community and its allottees, holding these rights in trust by the U.S., and outlines how these rights can be used, allocated, and leased. It ensures these rights are not lost due to non-use and sets out a framework for a Tribal water code to manage the water rights, alongside specifying the responsibilities and authorities of the Secretary and the Fort Belknap Indian Community regarding these rights.

106. Exchange and transfer of land Read Opens in new tab

Summary AI

The section outlines a plan for exchanging and transferring land between the United States, the State, and the Fort Belknap Indian Community. It includes specific parcels of land, terms for the exchange and transfer process, eligibility criteria, and the responsibilities of involved parties, ensuring that lands transferred to the Fort Belknap Indian Community are held in trust and are not used for gaming.

Money References

  • (8) ASSISTANCE.—The Secretary shall provide $10,000,000 of financial or other assistance to the State and the Fort Belknap Indian Community as may be necessary to obtain the appraisals, and to satisfy administrative requirements, necessary to accomplish the exchanges under paragraph (2). (b) Federal land transfers.— (1) IN GENERAL.—Subject to valid existing rights and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held by the United States in trust for the benefit of the Fort Belknap Indian Community as part of the Reservation on the enforceability date.

107. Storage allocation from Lake Elwell Read Opens in new tab

Summary AI

The Secretary will allocate 20,000 acre-feet of water per year from Lake Elwell to the Fort Belknap Indian Community for various uses, managed under a water right held by the United States. This agreement includes conditions regarding the terms of allocation, financial obligations, and usage rights, and specifies that the Fort Belknap Indian Community can enter agreements for using the water without permanently giving it away, provided any use occurs within the Missouri River Basin.

108. Milk River Project mitigation Read Opens in new tab

Summary AI

The bill outlines plans for the Milk River Project to meet mitigation requirements by restoring and enlarging specific canals. The Secretary must cooperate with state and tribal entities to restore the St. Mary Canal and enlarge the Dodson South Canal, with costs capped at $300 million and nonreimbursable.

Money References

  • (b) Funding.—The total amount of obligations incurred by the Secretary, prior to any adjustments provided for in section 114(b), shall not exceed $300,000,000 to carry out activities described in subsection (c)(1). (c) Satisfaction of mitigation requirement.—Notwithstanding any provision of the Compact, the mitigation required by Article VI.B. of the Compact shall be deemed satisfied if— (1) the Secretary has— (A) restored the St. Mary Canal and associated facilities to convey 850 cubic-feet per second; and (B) enlarged the Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second; or (2) the Secretary— (A) has expended all of the available funding provided pursuant to section 114(a)(1)(D) to rehabilitate the St. Mary Canal and enlarge the Dodson South Canal; and (B) despite diligent efforts, could not complete the activities described in subsection (a).

109. Fort Belknap Indian Irrigation Project System Read Opens in new tab

Summary AI

The Fort Belknap Indian Irrigation Project System involves updating and expanding the irrigation project with support from the Bureau of Indian Affairs and the Bureau of Reclamation in collaboration with the Fort Belknap Indian Community. The project has a funding cap of $415,832,153, is nonreimbursable, and includes the creation of a management committee and potential cost savings for future use by the community, without affecting existing laws or funding for ongoing operations.

Money References

  • (d) Funding.—The total amount of obligations incurred by the Secretary in carrying out this section, prior to any adjustment provided for in section 114(b), shall not exceed $415,832,153.

110. Satisfaction of claims Read Opens in new tab

Summary AI

The section explains that the benefits offered replace any claims by the Fort Belknap Indian Community or their allottees against the United States, which are waived under another part of the bill. Additionally, it specifies that the benefits are meant to fully satisfy any similar claims that could have been made by the allottees.

111. Waivers and releases of claims Read Opens in new tab

Summary AI

This section outlines the waivers and releases of claims related to water rights for the Fort Belknap Indian Community and the United States as trustee. It specifies the conditions under which these waivers are effective, the rights and claims that are retained, and the processes involved in implementing and potentially expiring the agreements, including the roles of the Fort Belknap Indian Community, the United States, and the Montana Water Court.

112. Aaniiih Nakoda Settlement Trust Fund Read Opens in new tab

Summary AI

The Aaniiih Nakoda Settlement Trust Fund section establishes a trust fund for the Fort Belknap Indian Community, managed by the Secretary, with different accounts for specific water resources and infrastructure projects. The fund includes amounts deposited, investment earnings, and is used according to guidelines in the text, with provisions on management, withdrawals, and specific allocations for irrigation, water rights administration, and domestic water and sewer systems.

Money References

  • (2) FORT BELKNAP INDIAN COMMUNITY WATER RESOURCES AND WATER RIGHTS ADMINISTRATION, OPERATION, AND MAINTENANCE ACCOUNT.—Amounts in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2), the principal and investment earnings, including interest, may only be used by the Fort Belknap Indian Community to pay the costs of activities described in subparagraphs (A) through (C) as follows: (A) $9,000,000 shall be used for the establishment, operation, and capital expenditures in connection with the administration of the Tribal water resources and water rights development, including the development or enactment of a Tribal water code.
  • Only investment earnings, including interest, on $29,299,059 shall be used and be available to pay the costs of activities for administration, operations, and regulation of the Tribal water resources and water rights department, in accordance with the Compact and this title.
  • (C) Only investment earnings, including interest, on $28,331,693 shall be used and be available to pay the costs of activities relating to a portion of the annual assessment costs for the Fort Belknap Indian Community and Tribal members, including allottees, under the Fort Belknap Indian Irrigation Project and Fort Belknap Indian Community irrigation projects within the Reservation.

113. Fort Belknap Indian Community Water Settlement Implementation Fund Read Opens in new tab

Summary AI

The Fort Belknap Indian Community Water Settlement Implementation Fund is a special account set up in the U.S. Treasury to manage funds for specific projects, such as the Fort Belknap Indian Irrigation Project and the Milk River Project. The money in this fund is earmarked for particular uses like rehabilitation and mitigation efforts, and while it mostly can’t be spent until a specific enforceability date, there are exceptions allowing some funds to be used sooner.

114. Funding Read Opens in new tab

Summary AI

The bill section authorizes over $1 billion to be allocated into various funds supporting the Fort Belknap Indian Community for water resource development and maintenance projects. It also allows for future cost adjustments due to market changes and includes a $5 million contribution from the State for specific water-related activities.

Money References

  • Funding. (a) Funding.— (1) AUTHORIZATION OF APPROPRIATIONS.—Subject to subsection (b), there are authorized to be appropriated to the Secretary— (A) for deposit in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 112(b)(1), $89,643,100, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (B) for deposit in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account of the Trust Fund established under section 112(b)(3), $331,885,220, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (C) for deposit in the Fort Belknap Indian Irrigation Project System Account of the Implementation Fund established under section 113(b)(1), such sums as are necessary, but not more than $187,124,469, for the Secretary to carry out section 109, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; and (D) for deposit in the Milk River Project Mitigation Account of the Implementation Fund established under section 113(b)(2), such sums as are necessary, but not more than $300,000,000, for the Secretary to carry out obligations of the Secretary under section 108, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury.
  • (2) MANDATORY APPROPRIATIONS.— (A) IN GENERAL.—Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit— (i) in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 112(b)(1), $29,881,034, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (ii) in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account of the Trust Fund established under section 112(b)(2), $66,630,752; (iii) in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account of the Trust Fund established under section 112(b)(3), $110,628,407; and (iv) in the Fort Belknap Indian Irrigation Project System Account of the Implementation Fund established under section 113(b)(1), $228,707,684.
  • State shall contribute $5,000,000, plus any earned interest, payable to the Secretary for deposit in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 112(b)(1) on approval of a final decree by the Montana Water Court for the purpose of activities relating to the Upper Peoples Creek Dam and Reservoir under subparagraphs (A) through (C) of section 112(g)(1). (b) Fluctuation in costs.

115. Miscellaneous provisions Read Opens in new tab

Summary AI

The section outlines various provisions, including that the United States does not waive its sovereign immunity except in certain cases, it ensures that other tribes are not negatively impacted in terms of land or water rights, and it eliminates debts for members of the Fort Belknap Indian Community related to an irrigation project. It also states that current law and reclamation laws remain unaffected, allows the Fort Belknap Indian Community to seek additional funding, clarifies rights under State law for water use, and permits participation in water projects in the Milk River Basin.

116. Antideficiency Read Opens in new tab

Summary AI

The United States is not responsible for fulfilling any obligations or activities under this title if Congress does not provide sufficient funding or if there are not enough funds in the Reclamation Water Settlements Fund.

201. Blackfeet Tribe Wastewater Facilities Read Opens in new tab

Summary AI

The section authorizes the U.S. government to allocate $250 million to the Secretary of the Interior for the planning, design, construction, operation, maintenance, and replacement of water and wastewater facilities for the Blackfeet Tribe in Montana.

Money References

  • There is authorized to be appropriated to the Secretary of the Interior $250,000,000 to plan, design, construct, operate, maintain, and replace community water distribution and wastewater treatment facilities for the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana.