CUSHMAN SETTLEMENT UPDATE

CUSHMAN SET= TLEMENT UPDATE FOR APRIL 2010

by Lori Nie= s, Tribal Attorney

FERC License

NOAA delivered the Biolog= ical Opinion to FERC in early April. FERC is now moving forward with its process to issue the license. FERC has issued questions to Tacoma which Tacoma must answer sometime this month. In addition, a Memorandum of Agreement must be signed between FERC and the Washington State Historic Preservation Officer regarding construction of the third powerhouse at Dam #2. T= he purpose of this powerhouse is to divert and slow down some of the water com= ing out of the dam so that it can be used at the fish passage facility. Fish passage around the dam is one= of requirements under the settlement agreement.

Settlement with the Tr= ibe

There is nothing new to r= eport with respect to the cash and land settlement because we still do not have a= set Effective Date for the settlement, which will be 60 days after FERC issues = the amended license.

Trespass Settlement

BIA Realty has reported t= hat it has finished determining who are all the interest holders in Allotments 9-B, 11-A, 31-B, 40 and 42, and that they will be ready when the time comes to d= istribute the trespass settlement money.

We will continue to solic= it community input, and we will inform the community when future meetings are scheduled. The settlement agr= eement and proposed amended license are available at the Legal & Policy Depart= ment for anyone who would like to review it.&nb= sp;