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Montana
Montana
  • Montana’s Opioid Settlements
  • Decision Making
    • 70% Montana Opioid Abatement Trust Share
    • 15% State Share
    • 15% Local Share
  • Community Access
  • Advisory Bodies
  • Additional Resources
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© Vital Strategies and OpioidSettlementTracker.com

On this page
  • Where do these monies live?
  • What can this share be spent on?
  • Who ultimately decides how to spend this share (and how)?
  • Is this share attached to an explicit bar against supplantation?
  • Can I see how this share has been spent?
  • What else should I know?
  • Citations
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  1. Decision Making

15% Local Share

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Last updated 5 months ago

Where do these monies live?

This share is distributed directly to according to of Montana’s MOU.[1] These monies are separate from the funds participating local governments will also receive from the Trust allocations.[2]

Non-participating local governments’ amounts are redirected to the Trust for use by their regions.[3]

What can this share be spent on?

Montana’s MOU does not explicitly require this share to be spent on opioid remediation.[4] However, at least a portion of monies in this share must inevitably be spent on abatement uses (as illustrated by the national settlement agreements’ non-exhaustive , which includes prevention, harm reduction, treatment, recovery, and other strategies) for the state to meet its minimum opioid remediation spending requirements under the different agreements.[5]

Who ultimately decides how to spend this share (and how)?

Local governments decide autonomously. Decisionmakers for the cities and counties will ultimately decide for themselves how to spend their monies.[6]

Is this share attached to an explicit bar against supplantation?

No, supplantation is discouraged but not prohibited. Montana’s (MOU) provides that “the State of Montana and its Local Governments [are] enter[ing] into this MOU … to develop a fair and transparent process for making decisions based on medical and scientific evidence concerning where and how to spend the funds from the Settlement Agreements to effectuate forward-looking abatement strategies and to supplement rather than replace existing spending”.[7] The absence of explicit “shall” or “shall not” (or equivalent) language renders this provision a strong discouragement against rather than an explicit prohibition of expenditures that replace (or “supplant”) — rather than supplement — existing resources.

Can I see how this share has been spent?

Up to each locality (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share.

Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

Not applicable.

Citations

Montana Distributors’ and Janssen Opioids Settlement Memorandum of Understanding (MOU) (“Fifteen percent (15%) shall be allocated directly to the Local Government Fund”) and (“Amounts apportioned to the Local Government Fund shall be distributed to Participating Local Governments … per … Exhibit B”). See also Montana Association of Counties: and . ↑

See, e.g., (“The governance structure of the Abatement Regions described in paragraph D.9 shall allow for Local Governments within the Region to independently access funds from the Abatement Trust’). ↑

. ↑

See . ↑

See, e.g., Distributor Settlement Agreement, (minimum 85% opioid remediation spending); CVS Settlement Agreement, (minimum 95.5% opioid remediation spending); Walgreens Settlement Agreement, (minimum 95% opioid remediation spending); Walmart Settlement Agreement, (minimum 85% opioid remediation spending). ↑

and . ↑

Importantly, this prohibition appears in recital (a) of Montana’s opioid settlement memorandum of understanding rather than in an operative provision. . November 26, 2021 (emphasis added). ↑

participating cities and counties
Exhibit B
regional
Exhibit E
Memorandum of Understanding
Expenditure Report Tracker
D.3(c)
MOU D.8
Trust Allocation Percentages
Authorized Officials
MOU Amendment I
MOU D.8
MOU D
Sec. V(B)(1)
Sec. V(B)(1)
Sec. V(B)(1)
Sec. V(B)(1)
MOU D.3(c)
D.8
Montana Distributors’ and Janssen Opioids Settlement Memorandum of Understanding
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