Funding issues complicate county infrastructure plan

Faced with significant financial insecurity, Lake County has taken a cautious approach toward tackling future community infrastructure projects.

In a five-year plan adopted last week, officials identified various infrastructure needs but resigned many to the back burner, citing an ongoing struggle to collect revenue from property taxes.

County Commissioner Gale Decker said the continued debate regarding law enforcement jurisdiction on the Flathead Indian Reservation has further complicated issues, particularly with the state legislature passing a bill that opens the door for the Confederated Salish and Kootenai Tribes to withdraw from the agreement currently in place.

“It put a little wrinkle in the planning,” Decker said.

Senate Bill 310, sponsored by Democratic Sen. Lea Whitford of Cut Bank, allows the tribes to withdraw their consent from an agreement established under federal Public Law 280 that gives the state jurisdiction over felony crimes involving tribal members on the reservation.

In January, the county passed a resolution of their own to withdraw from Public Law 280, however the move requires additional action at the state and federal levels.

Discussion on the issue has grown contentious at times, with county officials maintaining that it’s too expensive to continue prosecuting tribal members.

A recent uptick in drug-related crimes has created a case backload in Lake County District Court and filled the jail beyond capacity, exasperating a situation the county has already been sued over by the American Civil Liberties Union.

Decker said building a new justice center is a top priority for the county, but the size and scope of the project remains unclear due to debate around PL 280.

“We don’t want to build something we might not need in 10 to 15 years,” he said.

The tribes issued a press release last week stating that in addition to a withdrawal, SB 310 also opens the door for the establishment of a funding agreement through the federal government — which the county has called for throughout discussions. The release states the tribal leadership has not made a decision on the issue yet and remains “committed to consulting and working closely with state and local officials throughout the process.”

Last week’s opening of a new Lake County Drug Court could help ease the burden on the local justice system, however law enforcement officials stress that the substantial backlog will likely fill any space that emerges in the near future.

With law enforcement stuck in limbo, Decker said the county continues to pursue efforts to bolster its revenue streams.

The county was faced with a budget deficit last year after the tribes assumed ownership of the Selis Ksanka Qlispe Dam, taking the hydroelectric project off the tax rolls.

A suit filed by the county challenging the tax status of the dam property was dismissed in District Court due to jurisdictional reasons, however Decker said the county is considering appealing the case to a higher court.

“Were still in the information gathering stage,” Decker said.

Tax issues aside, Decker said the county and the tribes are collaborating in other departments, particularly on roads and invasive weed management.

“I think there are policies we can come to an agreement on,” he said.

When it comes to recreation facilities, the infrastructure plan places priorities elsewhere.

“Presently, Lake County does not have the financial resources to fund significant improvements at county-owned parks,” the plan states.

If money does come their way, Decker said the county would like to develop water access points along Finley Point and on the Swan River near Ferndale.

Decker said one way to fund such projects would be through hiring a full-time grant writer. He said the county is currently drafting a job description for the position.

“We see it as a potential vehicle,” he said. “I personally think it would be helpful.”

The City of Polson hired a full-time grant writer last fall and city officials have praised the benefits.

In terms of long-term planning, however, systemic challenges remain.

Decker said that Montana’s method of funding local government through property tax does not work for counties on reservations, where many parcels of land are exempt from taxes. With many homeowners near breaking point, Decker said the need for payments in lieu of taxes from state and federal agencies has reached an all time high.

“Until we address this property tax thing I don’t know how we can make any more plans as far as spending money going forward,” Decker said.