[Congressional Record Volume 172, Number 144 (Monday, September 14, 2026)]
[House]
[Pages H5570-H5571]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CROW TRIBE WATER RIGHTS SETTLEMENT AMENDMENTS ACT OF 2025
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 240) to amend the Crow Tribe Water Rights Settlement Act of
2010 to make improvements to that Act, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 240
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crow Tribe Water Rights
Settlement Amendments Act of 2025''.
SEC. 2. CROW TRIBE WATER RIGHTS SETTLEMENT.
(a) Definitions.--Section 403 of the Crow Tribe Water
Rights Settlement Act of 2010 (Public Law 111-291; 124 Stat.
3097) is amended--
(1) by striking paragraph (11) and inserting the following:
``(11) MR&I project.--The term `MR&I Project' means an
activity described in clauses (i) through (iii) of section
411(e)(3)(F).''; and
(2) in paragraph (12)--
(A) in the paragraph heading, by striking ``System'' and
inserting ``Projects''; and
(B) in subparagraphs (A) through (C), by striking
``System'' each place it appears and inserting ``Projects''.
(b) Repeal of MR&I System.--
(1) In general.--Section 406 of the Crow Tribe Water Rights
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3102)
is repealed.
(2) Clerical amendment.--The table of contents for the
Claims Resolution Act of 2010 (Public Law 111-291; 124 Stat.
3064) is amended by striking the item relating to section
406.
(c) Crow Settlement Fund.--Section 411 of the Crow Tribe
Water Rights Settlement Act of 2010 (Public Law 111-291; 124
Stat. 3113) is amended--
(1) in subsection (a), by striking ``to be administered by
the Secretary'' and inserting ``to be managed, invested, and
distributed by the Secretary and to remain available until
expended, withdrawn, or reverted to the general fund of the
Treasury, consisting of amounts deposited in the Fund under
subsection (b), together with any investment earnings,
including interest, earned on those amounts,'';
(2) in subsection (c)--
(A) in paragraph (3), by striking ``System'' and inserting
``Projects''; and
(B) by adding at the end the following:
``(5)(A) The MR&I Projects Account, to be established as
soon as practicable after the date of enactment of the Crow
Tribe Water Rights Settlement Amendments Act of 2025,
consisting of--
``(i) amounts made available pursuant to paragraphs (1) and
(2) of section 414(b) that are appropriated after the date of
enactment of the Crow Tribe Water Rights Settlement
Amendments Act of 2025; and
``(ii) amounts to be deposited pursuant to section
414(h)(2).
``(B) Amounts deposited into the MR&I Projects Account
shall be further deposited into the special joint signature
account named `MR&I Account' established pursuant to the
agreement with the Tribe dated September 13, 2012, prior to
any investment earnings accruing or becoming available.'' '';
(3) in subsection (e)--
(A) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) the American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4001 et seq.).''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``through (E)'' and
inserting ``through (F)'';
(ii) in subparagraph (E)--
(I) in the subparagraph heading, by striking ``System'' and
inserting ``Projects''; and
(II) by striking ``System'' each place it appears and
inserting ``Projects''; and
(iii) by adding at the end the following:
``(F) MR&I projects account.--Funds from the MR&I Projects
Account shall be used for expenditures by the Tribe in
accordance with the following:
``(i) Priority use of funds.--The Tribe shall use funds
from the MR&I Projects Account--
``(I) to plan, permit, design, engineer, construct,
reconstruct, replace, rehabilitate, operate, or repair water
production, treatment, or delivery infrastructure, including
for domestic and municipal use or wastewater infrastructure;
and
``(II) to comply with applicable environmental laws for the
activities described in subclause (I).
``(ii) Other use of funds.--After providing written notice
to the Secretary that on-Reservation MR&I projects described
in clause (i) are complete, the Tribe may use funds remaining
in the MR&I Projects Account to purchase on-Reservation land
with water rights.''; and
(4) by adding at the end the following:
``(i) Title to Infrastructure.--Title to, control over, and
operation of any project constructed using funds from the
MR&I Projects Account shall remain in the Tribe.
``(j) Operation, Maintenance, and Replacement.--The Federal
Government shall have no obligation to pay for the operation,
maintenance, or replacement of any MR&I Project.''.
(d) Yellowtail Dam, Montana.--Subsection (b)(1) of section
412 of the Crow Tribe Water Rights Settlement Act of 2010
(Public Law 111-291; 124 Stat. 3116) is amended by striking
``15 years'' and inserting ``20 years''.
(e) Funding.--Section 414 of the Crow Tribe Water Rights
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3120)
is amended in subsection (e)--
(1) in the subsection heading, by striking ``System'' and
inserting ``Projects''; and
(2) by striking ``System'' and inserting ``Projects''.
(f) Technical and Conforming Amendments.--
(1) Section 403(9) of the Crow Tribe Water Rights
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3098)
is amended by striking ``(25 U.S.C. 450b)'' and inserting
``(25 U.S.C. 5304)''.
(2) Section 410(e)(1) of the Crow Tribe Water Rights
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3112)
is amended in subparagraph (C), by striking ``agreements with
the Tribe required by sections 405(a) and 406(a)'' and
inserting ``agreement with the Tribe required by section
405(a)''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Maryland (Ms.
Elfreth) each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and to
add extraneous material on S. 240, the bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of S. 240, the Crow Tribe Water Rights
Settlement Amendments Act of 2025, sponsored by Senator Daines from
Montana and championed in the House by Representative Downing of
Montana.
This bill ensures the Crow Tribe has the tools and flexibility it
needs to implement its longstanding water rights settlement. The
underlying 2010 settlement ratified the water rights compact between
the Crow Tribe and the State of Montana and authorized major
investments in water infrastructure on the Crow Reservation.
This legislation does not change funding levels or the existing water
rights settlement. Instead, it updates the settlement to better reflect
the Tribe's needs today.
The original settlement required the Bureau of Reclamation to build a
Federal water project to serve the Crow Reservation. This bill converts
this project-based settlement to a fund-based settlement, authorizing
the Crow Tribe to manage project construction within existing Federal
funding levels.
The bill ensures there is no ongoing Federal operation and
maintenance requirement upon completion. The bill also extends the
Tribe's exclusive right to develop hydropower at the Yellowtail
Afterbay Dam through 2030.
Taken together, these provisions give the Crow Tribe greater
flexibility to invest in water infrastructure, improve irrigation, and
pursue economic development opportunities, while maintaining the
commitments made in the original settlement.
Mr. Speaker, I reserve the balance of my time.
[[Page H5571]]
Ms. ELFRETH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 240, the Crow Tribe Water Rights
Settlement Amendments Act of 2025.
S. 240 would amend the Crow Tribe's existing settlement to support
successful settlement implementation and extend the Tribe's authority
to market hydropower to the Yellowtail Afterbay Dam in Montana.
The Tribe has devoted significant time and effort to achieving and
implementing this settlement, and I thank the sponsor of the bill for
dedicating that time, as well. This legislation would provide
additional support to ensure it is successfully carried out.
This body has a responsibility to uphold our Federal trust and treaty
obligations to Tribal nations, and that responsibility is especially
critical when it comes to access to clean and reliable water.
Every person deserves access to safe water. Yet, Tribal nations,
which often hold some of the most senior water rights, have far too
often been unable to access or develop their own water resources due to
Federal actions and policies, leaving those water rights largely
underdeveloped and unprotected.
Tribal leaders have spent decades working to resolve these issues and
negotiate settlements to ensure their communities have cleaner,
reliable water. Negotiated settlements provide certainty for Tribes,
States, the Federal Government, and other water users. They provide
Tribal nations with the resources needed to deliver clean water to
their communities while reducing legal, financial, and water supply
uncertainty to all parties to a settlement.
Mr. Speaker, while I am grateful to see this bill move forward today,
I urge our Republican leadership to take action on the numerous other
pending Indian water rights settlement bills, many of which have
already passed the Senate by unanimous consent.
Failing to advance settlement delays Tribal communities' access to
clean water, prolongs uncertainty for all water users, and increases
settlement costs over time.
Mr. Speaker, this is not a partisan issue. We have many Republican
colleagues who want to get these bills across the finish line with us.
We stand ready to work with the Republican leadership to resolve any
procedural concerns.
I hope that S. 240 is just the beginning and that we will see more
Indian water rights settlement bills before us on the floor soon, and I
urge my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 3 minutes to the gentleman from
Montana (Mr. Downing), the lead sponsor of the House companion to this
bill.
Mr. DOWNING. Mr. Speaker, I thank Chairman Westerman for yielding me
time.
Mr. Speaker, I rise in strong support of the Crow Tribe Water Rights
Settlement Amendments Act, as this legislation will make crucial
adjustments to the Crow Tribe of Montana's water settlement, ensuring
the Tribe can provide clean drinking water for its members for
generations to come.
In Montana, water rights and infrastructure are the lifeblood of our
Tribal communities. Indian water rights settlements protect those
rights by codifying them in Federal law and providing resources to
promote water infrastructure development.
For the Crow Tribe in my home district, the Crow Tribe Water Rights
Settlement Act of 2010 was a significant milestone. It settled the
Tribe's water rights and authorized $460 million to design and
construct a centralized municipal, rural, and industrial, or MR&I,
water system for its reservation.
However, due to the project's complexity, rising costs, and extended
estimated construction timelines, the initial MR&I pipeline system
authorized by the settlement has proven unfeasible.
Without the ability to use settlement funds for water infrastructure,
the Crow Reservation continues to face a clean water crisis. According
to one BIA-funded water study, over 50 percent of Crow Reservation
households have contaminated water. That is 50 percent. Moreover,
multiple further studies have linked the Tribe's higher cancer rates
with this lack of clean water access.
{time} 1640
Senator Daines and I introduced the Crow Tribe Water Rights
Settlement Amendments Act to directly address these challenges. The
bill expands the scope of authorized water projects under the Crow
Tribe's water settlement beyond the initial single mandated pipeline
project to include a flexible array of smaller-scale regional water
projects. In doing so, this legislation will dramatically reduce the
timeline for delivering clean water to the reservation's communities.
S. 240 is a straightforward solution that does not alter any existing
water rights and appropriates no new Federal spending. It simply
provides necessary flexibility for the Tribe to meet the needs of its
citizens.
Mr. Speaker, I thank Senator Daines for leading this effort with me.
I urge my colleagues to vote in favor of this important legislation for
the Crow Tribe.
Ms. ELFRETH. Mr. Speaker, I urge my colleagues to support this
critical piece of legislation, and I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I thank Senator Daines and Representative
Downing for their leadership on this important issue, and I thank the
minority for working with us on it. I urge the passage of S. 240, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, S. 240, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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