Colville Tribes, Office of Special Trustee reach agreement

NESPELEM, Wash. – After exploring many options for the distribution of the Grand Coulee Dam settlement moneys into minors; trust accounts, the Confederated Tribes of the Colville Reservation received a favorable determination from the Office of Special Trustee, Colville Tribes Chairman Michael Marchand announced March 18.

”We have long taken the position that the annual settlement payments were trust money, and we’re pleased that OST agrees with us,” he said. ”Now, for the first time since 2002, our minors’ half-share payments will be sent directly from the tribes’ settlement account to OST for deposit in the minors’ trust accounts. This streamlines the process and recognizes what we have said all along.”

Annual payments have been made to the tribes as a result of the Grand Coulee Settlement Act of 1994. The act settled years of litigation between the tribes and the United States over the uncompensated past and future use of reservation land for the construction and operation of Grand Coulee Dam. A 2002 Solicitor’s Opinion, however, found that the annual payments, after being sent to the tribes from the Bonneville Power Administration, could not be transferred directly to OST for the minors’ accounts because they were no longer viewed as ”trust assets.”

Marchand said minors’ trust accounts have always been held, and will continue to be held, by the OST, where the money is secure and released to minors when they turn 18. The issue that the tribes and OST have resolved will result in direct funding of the accounts with settlement payments.

”We have made a real breakthough with OST on this issue. In particular, we want to thank Ross Swimmer, Special Trustee for American Indians,” Marchand said. ”We are pleased that OST has determined that our interpretation is correct.”

Business Council members John Stensgar and Andy Joseph, tribal lobbyist Brian Gunn and Enrollment Director Brenda Thomas were delegated the week of March 10 to meet with Swimmer and other OST officials in Washington, D.C., to discuss the matter.

”This was a true team effort involving all of CBC either at home or in Washington, our comptroller and attorneys in the Office of Reservation Attorney,” Marchand said. ”It’s gratifying to see that the Office of Special Trustee was willing to take a fresh look at this issue and recognize that this settlement money remains trust money, derived from the use of our lands.”