Bill
S 240
Shifts Crow Water Rights Settlement Act to flexible, fund-based management by the Crow Tribe for water, irrigation, and energy, with new accounts and extended power rights.
Note on documents provided
- The materials attached to your request contain multiple, conflicting items labeled “S. 240.” The principal federal document (Senate Report 119‑93) and the bill text summarized below relate to S. 240 — the “Crow Water Rights Settlement Amendment Act of 2025.” Other fragments appear to be from unrelated state-level docket entries (e.g., a Massachusetts Senate file concerning a gambling-disclaimer bill). This summary is based on the Senate report and bill text for the Crow Tribe settlement amendment (S. 240, introduced Jan 24, 2025).
Summary — Crow Water Rights Settlement Amendment Act of 2025 (S. 240)
Purpose
- Amend the Crow Tribe Water Rights Settlement Act of 2010 to: (1) convert aspects of the settlement from a narrowly defined, project-based approach to more flexible, fund-based authorities; (2) update funding, administrative, and timing mechanisms; and (3) give the Crow Tribe greater flexibility and time to design, build, operate, and maintain water, irrigation, and related energy infrastructure on the Crow Reservation. The bill does not reopen the Crow–Montana Water Rights Compact or alter established water rights.
Key provisions
- Terminology change: replaces the defined term “MR&I System” (Municipal, Rural, and Industrial system) with “MR&I Project” to allow a broader range of project options.
- Repeal: removes Section 406 of the 2010 Act, which had required design and construction of a single MR&I System in coordination with the Bureau of Reclamation and authorized land acquisition related to that system.
- New funding accounts:
- Creates an interest-bearing “MR&I Projects” trust account within the existing Crow Settlement Fund; prioritizes use of funds toward water infrastructure (rather than land acquisition); clarifies that infrastructure title remains with the Crow Tribe; and makes clear the federal government is not responsible for operation, maintenance, or replacement after transfer to the Tribe.
- Creates a non‑trust, interest‑bearing “Crow Irrigation Project (CIP) Implementation” account for CIP-related work and authorizes use of earned interest.
- Power/energy timing: extends the Tribe’s exclusive right to develop and market power generation at Yellowtail Afterbay Dam from 15 to 20 years.
- Administrative flexibilities:
- Authorizes the Secretary of the Interior to withdraw funds held in joint-signature private banking accounts and deposit them into the new accounts.
- Allows cost indexing of amounts deposited into the MR&I Projects account to align with the Bureau of Reclamation Construction Cost Index (composite trend) for post‑May 1, 2008 costs.
- Strikes prior authorization allowing transfers between the MR&I System and CIP.
- Technical and conforming edits throughout the 2010 Act.
Who is affected
- Crow Tribe and its members — greater flexibility and potentially improved ability to deliver potable water, irrigation, and energy projects on the reservation.
- Bureau of Reclamation and Department of the Interior — changes administrative roles and funding mechanisms.
- State of Montana and other stakeholders — the settlement’s scope (compact and extinguishment of certain claims) remains intact; rights previously settled are not reopened.
Procedural and budgetary notes
- Introduced Jan 24, 2025 (Senators Daines and Sheehy); companion bill H.R. 726 introduced in the House.
- Senate Committee on Indian Affairs ordered the bill reported favorably (Mar 5, 2025); Committee report (S. Rept. 119‑93) filed Nov 4, 2025.
- A Congressional Budget Office (CBO) estimate was requested but not yet printed with the report; the report notes the cost estimate will be entered into the Congressional Record when received.
- Hearing activity noted (hearing scheduled for June 23, 2025, per the report).
Implications
- The bill shifts implementation authority toward flexible fund management and local decision-making by the Crow Tribe, intended to address feasibility issues with the originally prescribed MR&I System (costs, complexity, and long‑term operations burden). It preserves the compact’s legal settlement of water rights while changing how the authorized federal funds can be used to achieve settlement objectives.
Compiled from official sources — confirm details with the bill’s official record.
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