COLVILLE CONFEDERATED TRIBES (2020)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

December 9th, 2020

Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Joel Boyd, Karen Condon, Jack Ferguson, Norma Sanchez, Dustin Best, Shar

Zacherle, Roger Finley, Andy Joseph Jr., Joe Somday, Marvin Kheel, Jarred Erickson

Absent:

Rodney Cawston, Virgil (Smoker) Marchand, Richard Swan Sr.

Resolution No.

2020-687.m&b.cdc.l&j

10-Signature

Condensed Recommendation Information

To authorize the re-contracting of the Law Enforcement

program. Chairman or designee to sign all pertinent

documentation.

Colville Business

Council Vote Tally

10 FOR (JF, SZ, AJ, RF,

NS, DB, MK, JME, JB,

JS)

0 AGAINST

0 ABSTAINED

2020-688.m&b.cdc.l&j

10-Signature

To authorize the re-contracting of the Adult Corrections

program. Chairman or designee to sign all pertinent

documentation.

Rationale: Timelines

10 FOR (JF, SZ, AJ, RF,

NS, DB, MK, JME, JB,

JS)

0 AGAINST

0 ABSTAINED

2020-689.m&b.cdc

10-Signature

2020-690.m&b.cdc

10-Signature

To approve change order #1 to the equipment purchase from

Integrated Tower Systems previously authorized by Resolution

#2020-654. This change order will add the amount of

$6,587.00 to the original authorized expenditure of $340,717.00

for a new total amount of $347,304.00, and this increase will

utilize CARES Act funding to permit the purchase of one (1)

106 foot emergency mobile tower to replace one (1) SR-55

tower. The Colville Business Council has determined that these

expenditures are necessary to respond to the current COVID-19

public health emergency and are appropriate under the Treasury

Department guidance and FAQs in effect as of the date of this

recommendations. The Chairman or his designee shall sign and

approve all relevant documents.

To approve the attached change order #1 in the amount of

$72,221.00 to contract #2021-063, resolution #2020-655 to

equal a new total contract amount of $369,653.00. This

Special Session

December 9th, 2020

Naomi Yazzie, Executive Office Assistant

Rationale: Timelines

10 FOR (JF, RS, AJ, RC,

NS, MK, JS, JME, JB,

DB)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JF, RS, AJ, RC,

NS, MK, JS, JME, JB,

DB)

Page 1 of 11

2020-691.m&b.cdc

10-Signature

2020-692.m&b.cdc.hhs

10-Signature

2020-693.hhs

10-Signature

2020-694.m&b.cdc

10-Signature

contract is between the Confederated Tribes of the Colville

Reservation and Northwest Line Builders, LLC, and utilizes

CARES Act funds to purchase emergency repair services to

fiber infrastructure along Highway 21 near Keller, Washington.

The Colville Business Council has determined that these

expenditures are necessary to respond to the current COVID-19

public health emergency and appropriate under the Treasury

Department guidance and FAQs in effect as of the date of the

recommendation. The Chairman or his designee shall sign and

approve all relevant documents.

To approve utilizing CARES Act funds to pay for the attached

quote from KnowBe4 in the amount of $53,222.40 to purchase

security awareness training for Colville Tribes' employees. The

Colville Business Council has determined that this expense is

necessary to respond to the current COVID-19 public health

emergency and appropriate under the Treasury Department

guidance and FAQs in effect as of the date of the

recommendation. The Chairman or his designee shall sign and

approve all relevant documents.

To approve the request of additional funding for the CCT Senior

Heating/Wood Program to assist the program to cover the

remaining request for Senior Wood and Energy Assistance for

fiscal year 2021, due to the effects of COVID-19 and the Stay

Home, Stay Safe Order. Additional funding request of

$373,000.00.

To approve the annual licensure agreement with the State by

attestation, which now includes both Behavioral Health and

Chemical Dependency Treatment Programs, in one application.

Chairman or designee authorized to sign all pertinent

documents.

To authorize and direct CIHA to submit the White Buffalo

Meadows Phase IV as the sole project on its behalf, and to

apply for $5,000,000.00 of the 2020 Competitive Indian

Housing Block Grant (IHBG) award #FR-6400-N-48; through

the United States Housing and Urban Development (HUD).

Colville Business Council, through the Management &

Budget/Community Development Committee, authorizes CIHA,

as the tribally designated housing entity (TDHE) as the sole

applicant on behalf of the CBC. Resolution 1997-495,

designate as TDHE, approved August 28, 1997.

Funds will build 16 new homes and new roads with new

infrastructure as phase IV of the White Buffalo Meadows

(WBM) subdivision in the Nespelem District. This project also

includes 2 temporary/emergency housing units that are critically

needed to serve our homeless Tribal Members.

A match of $1,667,000.00 will come from existing and future

Special Session

December 9th, 2020

Naomi Yazzie, Executive Office Assistant

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JF, RS, AJ, RC,

NS, MK, JS, JME, JB,

DB)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JF, RC, MK, JS,

NS, RS, JME, JB, AJ,

DB)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (NS, AJ, JS, MK,

RC, JF, RS, JME, JB, DB)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JF, NS, DB, SZ,

AJ, RC, JME, JS, MK,

RF)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

Page 2 of 11

2020-695.m&b.cdc.l&j

10-Signature

2020-696.hhs

10-Signature

2020-697.m&b.cdc

2020-698.m&b.cdc

2020-699.m&b.cdc.l&j

IHBG formula funds for a total project cost of $6,667,000.00.

No additional tribal dollars required.

Chair and/or designee authorized to sign all pertinent

documents.

To approve the Employee Contract attached hereto to hire a

Snʕáyckstx (Sinixt) Cultural Facilitator. A budget modification

to the 2021 budget is authorized to add up to $100,000.00 to all

Administration to cover the salary, fringe benefits, travel and

other expenses of this position. The organizational chart

attached hereto is also approved. Chairman or his designee is

authorized to sign all pertinent documents.

Whereas, the Inchelium District is currently experiencing an

outbreak of COVID-19 infections, it is necessary to institute a

curfew to curtail the spread of COVID-19 in Inchelium and

preserve the peace, health, safety, and welfare of the

Reservation. The curfew shall be put into place immediately in

Inchelium District and will be active each day between the

hours of 9:00pm through 6:00am. The curfew shall remain in

effect until further notice. Residents of, and visitors to, the

Reservation are required to remain indoors during these hours;

this curfew is intended to minimize in-person interactions,

which are the primary means of transmission of COVID-19.

The curfew does not apply to essential travel, such as going to

and from verified employment or to seek medical care. A

violation of this curfew will be a violation of the Colville Law

and Order Code Chapter 3-7-40 'Violation of Tribal Law'.

Chairman or designee to sign all documents.

To accept the contract for JSD Cleaning Services in the amount

of $140,132.09 for the Fire Residual Removal Greenhouse Fire

Claim #2020348723 for Colville Tribal Court House and Tribal

Corrections Facilities and authorize the Chairman or designee to

sign all pertinent documents.

To accept the new grant award for $694,698 for the FY20

Office on Victims of Crime Tribal Victim Services Set-Aside

grant for sheltering trailer and continuation of positions in FY

2023-FY 2025. The period of performance will begin on

October 1, 2020 and will end on September 30, 2025. Notice of

award was received late due to transitioning to the Office of

Justice Program's Just Grants system and an extension of

acceptance has been granted by OVC. No tribal match required.

Chairman or designee authorized to sign all pertinent

documents.

To approve the attached budget modification for FY17

Operation Stonegarden funding of $65,000 to increase

operational overtime for officer patrols, fringe, mileage

reimbursement, and limited M&A. The period of performance

will end on June 30, 2021. No tribal match required, no change

Special Session

December 9th, 2020

Naomi Yazzie, Executive Office Assistant

10 FOR (DB, JME, AJ,

RF, SZ, MK, JF, NS, JB,

RC)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (RC, RF, AJ, JF,

JB, JME, KC, MK, DB,

SZ)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

Page 3 of 11

2020-700.m&b.cdc.e&e

2020-701.m&b.cdc

2020-702.m&b.cdc

2020-703.m&b.cdc

2020-704.m&b.cdc

2020-705.m&b.cdc

in funding amount. Chairman or designee authorized to sign all

pertinent documents.

To approve $7,800.00 from CARES funding to purchase a color

copier for the Inchelium Community Center to support students

in printing their homework and community members in making

copies for unemployment or other needed services.

To approve the attached agreement to pay $1,735.00 to Ferry

County PUD No. 1 to provide for the installation of (1) utility

pole at the Keller water tank to assist in providing wireless

broadband services to the community of Keller, Washington.

The Colville Business Council has determined that this expense

is necessary to respond to the current COVID-19 public health

emergency and appropriate under the Treasury Department

guidance and FAQs in effect as of the date of the

recommendation. The Chairman or his designee shall sign and

approve all relevant documents.

To approve the attached contract with Pro Mechanical Service,

Inc in the amount of $18,921.00 to provide a cooling system

upgrade to the Tribes' Network Operations Center located at the

Lucy Covington Government Center. The Colville Business

Council has determined that this expense is necessary to

respond to the current COVID-19 public health emergency and

appropriate under the Treasury Department guidance and FAQs

in effect as of the date of the recommendation. The Chairman

or his designee shall sign and approve all relevant documents.

To approve a purchase from Mobile Solar in the amount of

$165,464.00. This purchase will utilize CARES Act funding to

secure (3) solar generator systems for use in wireless broadband

deployment. The Colville Business Council has determined that

this expense is necessary to respond to the current COVID-19

public health emergency and appropriate under the Treasury

Department guidance and FAQs in effect as of the date of the

recommendation. The Chairman or his designee shall sign and

approve all relevant documents.

To approve change order #1 to contract #C21-045 with PCS

Technologies, Inc., approved in Resolution #2020-632, in the

additional amount $102,746.79. The change will utilize

CARES Act funds to purchase microwave equipment

compatible with the 2.5 GHz wireless plan. The Colville

Business Council has determined that this expense is necessary

to respond to the current COVID-19 public health emergency

and appropriate under the Treasury Department guidance and

FAQs in effect as of the date of the recommendation. The

Chairman or his designee shall sign and approve all relevant

documents.

To approve attached change order #1 to contract #C20-277

Special Session

December 9th, 2020

Naomi Yazzie, Executive Office Assistant

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

Page 4 of 11

2020-706.m&b.cdc

2020-707.m&b.cdc.l&j

2020-708.m&b.cdc.l&j

2020-709.m&b.cdc.e&e

2020-710.m&b.cdc.e&e

2020-711.m&b.cdc

between the Colville Confederated Tribes and Northwest Open

Access Networks in the amount of $279,154.22, to equal a total

new contract amount of $349,154.22. This change will utilize

CARES Act funds, as the Colville Business Council has

determined that this expense is necessary to respond to the

current COVID-19 public health emergency and appropriate

under the Treasury Department guidance and FAQs in effect as

of the date of the recommendation. The Chairman or his

designee shall sign and approve all relevant documents.

To approve purchase from Okanogan County PUD to facilitate

a microwave wireless broadband site in the amount of

$6,759.00 utilizing CARES Act funding. The Colville Business

Council has determined that this expense is necessary to

respond to the current COVID-19 public health emergency and

appropriate under the Treasury Department guidance and FAQs

in effect as of the date of the recommendation. The Chairman

or his designee shall sign and approve all relevant documents.

To approve contract with Arrow Creek Law PLLP for legal

services related to the Tribes water rights claim. Funds

available in the ORA 587 account. Chairman or designee to

sign all pertinent documents.

To approve the attached contract with Hart West & Associates

to continue to provide consulting services related to Tribal

history of the Colville and Moses Columbia Reservation, the

North Half of the Colville Reservation, historical use of the

Tribes' Traditional Territories, and the demarcation line between

the North Half and South Half of the Colville Reservation.

Funds appropriated in the FY 2021 ORA/Outside budget/587

line. Chairman or designee to sign all pertinent documents.

To approve the request for a non-federal waiver in the amount

of $20,576 or .91%. This amount is equal to the waiver

requested upon application FY 2020 Quality Improvement and

2% COLA funding approved by Office of Head Start, NOA

90CI9932-05-03. The Tribal Chairman or designee to sign all

pertinent documents.

To approve the request for a no-cost extension for a sixth year

of the Office of Head Start Non-competing Grant #90CI9932 to

complete unfinished projects and construction of the Omak

Head Start facility. The Tribal Chairman or designee to sign all

pertinent documents.

To approve the purchase of 3,690 units of disinfectant wipes

from Kay Jay Services for $254,573.10. The cost will come

from the CARES Act funding and be delivered by December

30, 2020. Chairman or designee to sign all pertinent

documents.

Special Session

December 9th, 2020

Naomi Yazzie, Executive Office Assistant

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

Page 5 of 11

2020-712.m&b.cdc

To approve the attached Consultant No. 1 (LA8978) a new

scope of work and fee proposal with PND Engineers, Inc. Chair

or designee authorized to sign all pertinent documents.

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

2020-713.tg

To appoint Shar Zacherle to the 2020-2021 Elections

Committee as the Nespelem Representative and Chairperson.

0 ABSTAINED

9 FOR (KC, JF, NS, DB,

RF, AJ, JS, MK, JME)

0 AGAINST

2020-714.tg

To appoint Dustin Best to the 2020-2021 Elections Committee

as the Omak Representative and Vice-Chairperson.

1 ABSTAINED (SZ)

9 FOR (KC, JF, NS, SZ,

RF, AJ, JS, MK, JME)

0 AGAINST

2020-715.tg

To appoint Joseph Somday to the 2020-2021 Elections

Committee as the Keller Representative.

1 ABSTAINED (DB)

9 FOR (KC, JF, NS, DB,

SZ, RF, AJ, MK, JME)

0 AGAINST

2020-716.tg

To appoint Richard Swan Sr. to the 2020-2021 Elections

Committee as the Inchelium Representative.

1 ABSTAINED (JS)

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

2020-717.tg

To accept the Colville Tribal Relinquishment request of Sylvia

Frances Rose John on the current Colville Tribal Membership

Roll.

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

2020-718.tg

2020-719.tg

2020-720.e&e

To adopt Lincoln Reign Chaney as applicant meets

requirements of Section 8-1-160 Enrollment Ordinance and

Constitution of the Confederated Tribes of the Colville

Reservation.

To adopt Melody Echo Everybodytalksabout as applicant meets

requirements of Section 8-1-160 Enrollment Ordinance and

Constitution of the Confederated Tribes of the Colville

Reservation.

To approve the Confederated Tribes of the Colville Reservation

ECE/Head Start Health Policy.

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

9 FOR (KC, NS, DB, SZ,

RF, AJ, JS, MK, JME)

0 AGAINST

0 ABSTAINED

*Out of the room (JF)

Special Session

December 9th, 2020

Naomi Yazzie, Executive Office Assistant

Page 6 of 11

2020-721.e&e

2020-722.e&e

To approve the revision Confederated Tribes of the Colville

Reservation ECE/Head Start Policy Council By-Laws (CBC

Res. 2019-156, PC Res. 2019-06). Tribal Chairperson or

designee to sign all pertinent documents.

To approve the Impact Aid application for the Grand Coulee

School District 2022. Chairman or designee to sign all pertinent

documents.

9 FOR (KC, NS, DB, SZ,

RF, AJ, JS, MK, JME)

0 AGAINST

0 ABSTAINED

*Out of the room (JF)

9 FOR (KC, NS, DB, SZ,

RF, AJ, JS, MK, JME)

0 AGAINST

0 ABSTAINED

2020-723.nrc

2020-724.nrc

To approve and amend Resolution 2019-684 Gertrude Laramie,

Colville Tribal Member, to purchase a portion of 101T4018(por) at the updated 2020 appraised value, of $25,000.00,

owed to the Colville Confederated Tribes. Chairman or

designee has authority to sign all pertinent documents.

To approve the 2020-2021 Chase and Capture Rules Season,

and the attached forms. Chair or designee is authorized to sign

all pertinent documents.

*Out of the room (JF)

9 FOR (KC, NS, DB, SZ,

RF, AJ, JS, MK, JME)

0 AGAINST

0 ABSTAINED

*Out of the room (JF)

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

2020-725.nrc

2020-726.fish

2020-727.fish

To approve the purchase of Okanogan County parcels

352704001, 3527090001, 3527030003, 3527030002,

3527020012, 3527020013, 3527010003, 3528060000,

3627350001, 3627360001, 3628312005, 3627340000,

3627280001, 3627270000, 3627260000, 3627250000,

3627240001, 3627230001, 3627233005, 3627220001,

3627210001, 3627152000, and 3627140001 containing 9,800

acres for up to $100/ac from tribal account #550. Total

purchase price will be up to $980,000 plus closing costs

negotiated with seller. This sale is contingent on Conservation

Northwest purchasing, and subsequently selling to the Colville

Tribes at a reduced price. Chair or designee authorized to sign

all pertinent documents.

To approve budget modification #1 for 7703 Columbia River

Water Management Plan adding $1,399,724 bringing the total

contract value to $1,980,479 (carryover) and the dates remain

the same, and authorizes the Chairman or designee to sign all

pertinent documents. Attached is budget mod #1. No tribal

dollars associated.

To approve new award for 312820 Property Management and

maintenance in the amount of $424,293 and the dates are from

December 1, 2020 to November 30, 2021 and authorizes the

Chairman or his/her designee authorized to sign all pertinent

documents. Attached is the new award and budget. No tribal

Special Session

December 9th, 2020

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

Page 7 of 11

2020-728.fish.nrc

2020-729.fish

2020-730.fish

2020-731.fish

2020-732.fish.nrc

dollars associated.

To approve budget modification #1 for 313520 Wildlife

Mitigation Project doing a Line Item Transfer of funds and the

contract value and dates remain the same, and authorize the

Chairman or his/her designee to sign all pertinent documents.

Attached is budget mod #1. No tribal dollars associated.

To approve the requisition for Smith-Root, Inc. in the amount of

$157,935 and authorize the Chairman or his/her designee to sign

all pertinent documents. Attached is the requisition. No tribal

dollars associated.

To approve the Fish and Wildlife Department to enact a tribal

member only Brook Trout Reward Program on Owhi Lake to

help reduce population numbers. Funds from account 7703 will

fund the program. Attached is the Owhi Reward Rules,

justification and form. The Chairman and/or his/her designee to

sign all pertinent documents.

To include a Northern Pike Invasive Species Resolution to read

the following, Whereas, Colville Confederated Tribes maintain

management authority of the waters of their Reservations and

off-Reservation areas; and, Whereas, the Colville Confederated

Tribes classifies Northern Pike, Esox lucius, as an aquatic

invasive, non-native, prohibited species; and, Whereas, the

establishment and expansion of Northern Pike, throughout the

Columbia Basin poses a serious threat to fish and wildlife

resources important to the Colville Confederated Tribes; and

Whereas, the establishment and expansion of Northern Pike is

exacerbated due to hydropower development and operations in

the Columbia Basin and illegal introductions; and, Whereas, the

Colville Confederated Tribes actively implement measures to

control Northern Pike, take action to reduce their spread, and

prevent future invasions on the waters of their Reservations and

off-Reservation areas; and, Whereas, the Colville Confederated

Tribes implement and support mandatory catch and kill

regulations on Northern Pike within the waters of the Tribes

management authority. Whereas, the Colville Confederated

Tribes recognizes that consistent Northern Pike management

policies are necessary for the coordination and the success of

measures implemented by the Member Tribes and other

governances; and, Therefore, be it resolved, that we the Colville

Business Council, do hereby approve the designation of

Northern Pike as an invasive species and are prohibited within

managed waters of the Colville Confederated Tribes and the

Chairman or his/her designee is authorized to sign all pertinent

documents.

To approve change order #5 for Leading Edge Aviation LLC

C17-140 adding an additional $166,230 bringing the total

Special Session

December 9th, 2020

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

Page 8 of 11

2020-733.fish

2020-734.fish.nrc

2020-735.fish.nrc

2020-736.fish

contract value to $501,727 add the fund number are 341 F&W

$80,000, 176120 Big Game $30,000, 1751.63410.20190106

Baer William Lake Account $46,480, 313520 Wildlife

Mitigation $9,750, and the Chair or designee is authorized to

sign all pertinent documents. Attached is change order #5.

To approve the Aquatic Lands Right of Entry Agreement

(attached) to the Colville Business Council. This approval will

allow for the implementation of the Klein Site Rearing Swales

Project, consulting two side channels to the Similkameen River

near the town of Oroville. These side channels will improve

rearing habitat for the benefit of juvenile salmonids. Therefore,

it is the recommendation of the Fisheries committee to approve

the Aquatic Lands Right of Entry. Agreement between the State

of Washington and the Colville Confederated Tribes. Chair or

designee authorized to sign all pertinent documents. No Tribal

dollars attached.

To give permission to the Fish and Wildlife Program to apply

for grant funding for 2021 under the BIA Endangered Species

Program. The Project is designed to enhance Canada Lynx

management on the Colville Indian Reservation and North Half.

No tribal dollars involved. The Chair or designee is authorized

to sign all pertinent documents.

To approve the Application for Tribal Property Used for NonEconomic Development Essential Government Service

(Washington State Department of Revenue Form 63 0030, Form

A, attached). On October 16, 2020, Colville Tribes acquired

Okanogan County Tax Parcel Number 3322020048 to protect

and improve habitat for upper Columbia Summer Steelhead.

Property owned by a federally recognized Indian tribe located in

the State of Washington and used exclusively to conduct an

essential government service is eligible for a property tax

exemption. Because "Protection of Environmentally Sensitive

Areas" and "Environmental and Land Use" are identified as

essential government services, this property should be exempt

from Washington State property tax. Therefore, it is the

recommendation of the Natural Resources Committee to

approve the attached application requesting that Okanogan

County Tax Parcel Number 3322020048 be exempted from

property tax by the Washington State Department of Revenue.

Chair or designee authorized to sign all pertinent documents.

No Tribal dollars attached.

To authorize Chair or designee to sign the Antoine Valley

Ranch lease agreement with the Western Rivers Conservancy

for the lease of approximately 1,232.46 acres and 606.5 acrefeet of appurtenant water rights. This agreement includes a

limited waiver of sovereign immunity. The waiver is solely for

the purpose of adjudicating any dispute, claim, or controversy

arising out of or relating to the lease for breach, termination,

Special Session

December 9th, 2020

Naomi Yazzie, Executive Office Assistant

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

Page 9 of 11

2020-737.fish

2020-738.fish.m&b.cdc

enforcement, interpretation, or validity thereof. This waiver

shall only apply to the Landlord, and for enforcement of any

final judgements as defined by Sections 26 and 27 of the lease

Agreement. It does not extend to any other agreements between

the parties or any other individuals or entities. The limited

waiver for damages will only apply to compensatory damages.

No Tribal dollars attached.

To authorize Chair or designee to sign the Antoine Valley

Ranch purchase-and-sale agreement with the Western Rivers

Conservancy for the purchase of approximately 1291.88 acres

and 482.6 acre-feet of appurtenant water rights with $4 million

in funding from the Washington Department of Ecology's

Streamflow Restoration Grant Program. This agreement

includes a limited waiver of sovereign immunity. The waiver is

solely for the purpose of adjudicating any dispute, claim, or

controversy arising out of or relating to the lease for breach,

termination, enforcement, interpretation, or validity thereof.

This waiver shall only apply to the Seller, and for enforcement

of any final judgements as defined by Sections 23 and 24 of the

Agreement. It does not extend to any other agreements between

the parties or any other individuals or entities. The limited

waiver for damages will only apply to compensatory damages.

No Tribal dollars attached.

To instruct Administration to identify buildings that could be

used to House COVID-19 patients in quarantine or isolation,

and/or used to provide space to conduct activities and address

impacts related to COVID-19 issues. Administration should

explore the feasibility of remodeling, renovations, and

acquisition and installation of necessary equipment and

furniture to these buildings as may be required by COVID-19

patients or to support COVID-19 related activities, including to

any proposed or ongoing construction of planned facilities, as

state and federal funding becomes available. CARES Act

funding may be utilized as the Colville Business Council has

determined these expenses to be necessary to respond to the

current COVID-19 public health emergency and appropriate

under the Treasury Department guidance and FAQs in effect as

of the date of this recommendation. Delivery of goods

performance of services must be completed no later than

December 30, 2020, subject to extension if completion is not

possible by that date due to factors beyond the control of the

Colville Tribes.

A list of potential sites includes:

Keller Treatment Facility, Community Centers in all districts,

Senior Meal Sites in Inchelium, Omak, and Keller, Eagles' Nest

in Omak, Old Bingo Hall in Omak, Tech Center in Nespelem,

Longhouse in Inchelium and Nespelem, Headstart and Child

Care Facilities in all districts, PSIS Longhouse, PSIS Dorm,

Special Session

December 9th, 2020

Naomi Yazzie, Executive Office Assistant

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

Page 10 of 11

2020-739.fish.m&b.cdc.l&j

2020-740.fish

2020-741.l&j.m&b.cdc

2020-724.l&j

PSIS Gymnasium, Tribal Youth Camp in Twin Lakes, Rainbow

Beach Resort, Casinos

The Chairman or his designee is authorized to sign all pertinent

documents.

To approve the attached FY 21 contract with Ogden Murphy

Wallace, PLLC. This is a renewal for ongoing legal services

and funds are available in the FY 2021 budget. The Chairman

or his designee is authorized to sign all pertinent documents.

To approve the finalization and sending of the attached letters of

support to the non-government entities on the PFMC Salmon

Advisory Sub-Committee and the Habitat Committee. Chair or

Designee to sign the letters.

To approve the contract with Meyer, Walker, Condon &

Condon, P.C. to continue to provide legal services related to the

Tribes water rights claim. Funds appropriated in the FY 2021

ORA budget/587 line. Chairman or designee to sign all

pertinent documents.

Whereas, there has been a vacancy on the Court of Appeals

because Justice Rebecca Baker has tendered her resignation,

and;

Whereas, Jane Smith, Colville Tribal member, has expressed an

interest in filling the vacant position, and is qualified to sit as a

Justice of the Court of Appeals, and;

Whereas, Judge Smith has worked with the Colville Tribes'

Court system for 40 years, and has been instrumental in its

development in all aspects, and;

Whereas, Judge Smith has served as a tribal magistrate with our

Trial Court, and both a trial court judge and appellate justice for

several other tribal courts throughout the Northwest, earning a

reputation as a fair, objective and well-prepared judicial officer,

with invaluable knowledge and experience in tribal judicial

systems, and;

Whereas, Judge Smith will bring experience in tradition and

culture to the bench, as well as familiarity with our local

communities; and

Whereas, Chief Judge Steve Aycock joins in this

recommendation.

Therefore, it is the recommendation of the Law & Justice

Committee to approve the appointment of Jane Smith as a

Justice of the Colville Tribal Court of Appeals for a term of six

years, pursuant to Amendment X of the Colville Tribal

Constitution.

Special Session

December 9th, 2020

Naomi Yazzie, Executive Office Assistant

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

10 FOR (KC, JF, NS, DB,

SZ, RF, AJ, JS, MK,

JME)

0 AGAINST

0 ABSTAINED

Page 11 of 11