# COLVILLE CONFEDERATED TRIBES (2020)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A3257da30abb95df3

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A3257da30abb95df3. Public record. Not legal advice.