MIME-Version: 1.0 Content-Type: multipart/related; boundary="----=_NextPart_01CA7326.41DACBD0" This document is a Single File Web Page, also known as a Web Archive file. If you are seeing this message, your browser or editor doesn't support Web Archive files. Please download a browser that supports Web Archive, such as Microsoft Internet Explorer. ------=_NextPart_01CA7326.41DACBD0 Content-Location: file:///C:/8D299A39/CushmanArticle1209.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" CUSHMAN SETTLEMENT UPDATE

CUSHMAN SET= TLEMENT UPDATE FOR DECEMBER 2009

by Lori Nie= s, Tribal Attorney

 =

 =

Not much has changed sinc= e the update was mailed out this summer and we provided a report at the September General Council meeting.

 

FERC License

 

We continue to wait for N= OAA to finish the Biological Opinion.  They = report that they are on track to have it finished by mid-December.  We have also learned that FERC wil= l not need to do anything further to comply with the National Environmental Policy Act.  The current Environmenta= l Impact Statement is sufficient to meet the requirements of NEPA.  It continues to look like FERC will issue the amended license by early spring.

 

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 is continuing = its work on determining who are all the interest holders in Allotments 9-B, 11-A, 31= -B, 40 and 42.  They are also continu= ing to work on developing a formula to distribute the trespass settlement money. 

 

License Conditions=

 

Tacoma has begun early implementation o= f some license conditions, even though the license has not been issued.  The McTaggart Creek diversion has = been removed.  Tacoma has begun work on the facility t= hat will assist with fish passage around the Dam.  They have also been working on bui= lding a third boat ramp at Salt= water Park.  Tacoma is also inventorying all cultural artifacts in its possession to prepare to return them to the Tribe, as required by the Settlement Agreement.

 

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; As new information becomes available, we will keep you updated throu= gh the Sounder.

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