COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

February 8th, 2024

Resolution Index

Condensed by, Raylene Ensminger, Executive Office Assistant

Present:

Cindy Marchand, Patrick Tonasket, Dustin Best, Shar Zacherle, Andrew Joseph Jr.,

Joseph Somday, Debra Wulff, Alison Ball-Boyd, Mel Tonasket, Steven Carson

Delegation/Leave:

Jarred-Michael Erickson, Karen Condon, Norma Sanchez, Roger Finley

Resolution No.

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Condensed Recommendation Information

Colville Business

Council Vote Tally

To approve concurrence for Option #2 on the attached letter

which indicates the Confederated Tribes of the Colville

Reservation's preference for Indian Health Services to

proceed with a federal acquisition for this project. Chairman

or Designee to sign all pertinent documents.

13 FOR (AB, JME, KC, JS,

AJ, RF, SZ, DB, NS, SC,

PT, DW, CM)

To authorize the Chairman or Designee to lend support to

House Bill 1879 naming the curriculum used to inform

students about tribal history, culture, and government after

John McCoy.

0 AGAINST

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Rationale: Timelines –

Response Due.

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AJ, DW, JME, KC, PT,

SC)

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CONFIDENTIAL

Rationale: Timelines.

10 FOR (NS, CM, DB,

JME, PT, KC, SZ, SC,

DW, KC)

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To authorize the Chairman or Designee to support Senate

Bill 5828 concerning water rights adjudication

commissioners and referees with the following amendment :

"The court appointed referee or other judicial officer must

have experience and knowledge of water rights, including

Federal Indian claims under Winters and Walton."

Special Session

February 8th, 2024

Raylene Ensminger, Executive Office Assistant

Page 1 of 8

Rationale: Time sensitive

and confidential.

10 FOR (CM, JS, MT, RF,

AJ, DW, JME, PT, SZ, SC)

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Rationale: Timelines.

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To authorize the Chairman or Designee to sign and send the

attached letter to the Governor regarding the Floodplains by

Design grant to Yakima Nation in the Methow Basin.

11 FOR (KC, JS, MT, NS,

RF, AJ, DW, PT, SC, SZ,

JME)

0 AGAINST

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10-Signature

To authorize the Chairman or Designee to sign-in support of

2SHB 1228 - Building a multilingual, multiliterate

Washington through dual and tribal language education.

Rationale: Timelines.

10 FOR (AB, DW, JS, RF,

DB, JME, PT, SZ, SC, MT)

0 AGAINST

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To authorize the Chairman or Designee to complete the

attached employer questionnaire, sign the attached tribal

employer support letter for the NOAA climate ready

workforce grant and to request $30,000.00 to be reserved for

supporting interns, recruitment, and/or career exploration

events.

To approve the Washington State Department of Social &

Health Services AAA State Federal Contract 2369-50003.

The contract performance period is from 07/01/2023 06/30/2024. Chairman or Designee is authorized to sign all

pertinent documents.

To approve the Washington State Department of Social &

Health Services AAA CY 24 MAC/TSOA Contract 246953556. The contract performance period is from 01/01/2024

- 12/31/2024. Chairman or Designee is authorized to sign all

pertinent documents.

To approve the Washington State Department of Social &

Health Services AAA 2024 Older Americans Act Contract

2469-52921. The contract performance period is from

01/01/2024 - 09/30/2025. Chairman or Designee is

authorized to sign all pertinent documents.

To approve the Washington State Department of Social &

Health Services AAA Caregiver Training Contract 236950386. The contract performance period is from 07/01/2023

- 06/30/2024. Chairman or Designee is authorized to sign all

pertinent documents.

To approve the Washington State Department of Social &

Health Services AAA MAC TSOA Contract 2369-46204

Amendment No. 01 adding an additional $48,656.00 for a

total contract amount of $97,313.00. All other terms and

conditions of this contract remain the same. Chairman or

Designee is authorized to sign all pertinent documents.

To approve the Washington State Department of Social &

Health Services AAA American Rescue Plan Act Contract

2169-30885 Amendment No. 01 adding an additional

Special Session

February 8th, 2024

Raylene Ensminger, Executive Office Assistant

Page 2 of 8

Rationale: Timelines.

10 FOR (SZ, RF, PT, AB,

DW, JS, CM, AJ, KC, SC)

0 AGAINST

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Rationale: Due Today.

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JS, DW, AB, MT, SC)

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$463.00 in funding for a total contract amount of

#146,829.00. All other terms and conditions of this contract

remain the same. Chairman or Designee is authorized to

sign all pertinent documents.

To approve the Washington State Department of Social &

Health Services AAA State Federal Contract 2369-50003

Amendment No. 02 adding an additional $278.00 for a total

contract amount of $691,844.00. All other terms and

conditions of this contract remain the same. Chairman or

Designee is authorized to sign all pertinent documents.

To approve the Washington State Department of Social &

Health Services AAA Coronavirus Response and Relief

Supplemental Appropriations Act (CRRSAA) Contract

2169-23655 Amendment No. 02 extending the performance

through September 20, 2024. All other terms and conditions

of this contract remain the same. Chairman or Designee is

authorized to sign all pertinent documents.

To approve the Washington State Department of Social &

Health Services AAA State Federal Contract 2369-50003

Amendment No. 01 adding an additional $246,002.00 for a

total award amount of $691,566.00. All other terms and

conditions of this contract remain the same. Chairman or

Designee is authorized to sign all pertinent documents.

To approve the Washington State Department of Social &

Health Services AAA Older Americans Act Contract 236946227 Amendment No. 03 adding an additional $126.00 in

funding for a total contract amount of $284,682.00. All

other terms and conditions of this contract remain the same.

Chairman or Designee is authorized to sign all pertinent

documents.

To approve the Washington State Department of Social &

Health Services AAA Older Americans Act Contract 226938396 Amendment No. 03 extending the performance date

to 09/30/2024. All other terms and conditions of this

contract remain the same. Chairman or Designee is

authorized to sign all pertinent documents.

To accept amendment number three (3) to the Washington

State Department of Health FY 2023-24 Contract

TRB27699. This amendment increases the WIC contract

amount by $98,322.00. These funds support the

administration of the WIC program. Chairman or Designee

to sign all required documents.

CONFIDENTIAL

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CONFIDENTIAL

Special Session

February 8th, 2024

Raylene Ensminger, Executive Office Assistant

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To approve the following:

Confederated Tribes of the Colville Reservation Waiver

This waiver concerns our proposed engagement by

Royal Slope Solar LLC ("Royal Slope") in the light of our

ongoing representation of the Confederated Tribes of the

Colville Reservation ("Colville Tribes"). K&L Gates, LLP

(the "Firm") has been asked to repesent Royal Slope in

connection with consultations and potential negotiations of

an MOU under Section 106 of the NHPA for a solar project

in which the Colville Tribes will be an adverse contracting

party (the "Royal Slope Matter"). The Firm currently

represents the Colville Tribes in connection with advice and

maintenance of retirement plan documents and may

represent the Colville Tribes in future unrelated matters (the

"Colville Tribes Matters"). If the Firm were to represent

Royal Slope in the Royal Slope Matter, the Firm would have

ongoing duties of loyalty to both Royal Slope and the

Colville Tribes with respect to these matters.

Because these matters are unrelated, we believe that

we can competently and diligently represent each client

consistent with our obligations under the relevant rules of

professional conduct and without any material limitations.

Because Firm Lawyers working on the Royal Slope Matter

do not work on the Colville Tribes Matters, the Colville

Tribes' confidential informaton will be not be disclosed or

used to its disadvantage. Nevertheless, the Colville Tribes

should consider for itself, with the assistance of independent

or in-house legal counsel if desired, weather it agrees with

our conclusions and is prepared to consent to our

representation of Royal Slope and the Colville Tribes as

described above. We have asked Royal Slope to consent in

writing to the Firm's continued representation of the Colville

Tribes, and the Colville Tribes' consent is not effective

unless we receive a reciprocal consent from Royal Slope.

This waiver exludes any litigation, arbitration or

other adversarial proceedings between Royal Slope and the

Colville Tribes related to the Royal Slope Matter, and the

Firm will not represent either party in such litigation,

arbitration or proceedings.

If the Colville Tribes 1)consents to the Firm’s

concurrent representation of Royal Slope and the Colville

Tribes in their respective matters, 2) agrees that the Colville

Tribes will not object to our representation of, or seek to

disqualify us from representing, Royal Slope in the Royal

Special Session

February 8th, 2024

Raylene Ensminger, Executive Office Assistant

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8 FOR (PT, DB, SZ, AJ,

JS, DW, MT, SC)

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Slope Matter, even if they are adverse to the Colville Tribes,

and 3) waives any conflict that otherwise could be said to be

presented by the foregoing, please confirm so by passing

resolution.

Chair or Designee to sign all pertinent documents.

To approve purchasing one 2011 International 3000 gallon

tanker for the sum of $178,850.00 from McGinley Fire

Apparatus as they were formally awarded the bid for RFQ2024-08. Chairman or Designee is authorized to sign all

pertinent documents.

Recommend the approval to apply for a conditionally accept

the 2024 Institute of Museum and Liberty Services Basic

Grant award for up to $10,000.00 for the CCT Library

Resource Centers to be applied toward renewing all types of

media that can be available to the tribal membership and

general public from the three community sites within

Nespelem, Keller, and Inchelium to improve livelihoods and

quality of life on the reservation. Chairman or Designee

authorized to sign all pertinent documents.

To approve Change Order #5 to TD&H Engineering

contract increasing the amount of $350,000.00 from fund

1104021 bringing the total contract amount to $685,000.00.

Contractor has deliverables to complete and invoices to

process. No tribal dollars. Chairman or Designee to sign all

pertinent documents.

To approve the NRCS Prescribed Grazing Rest in the

amount of $357,110.25 1st payment for Watershed Kaufman

Canyon-Franklin D. Roosevelt Lake FY 2022. The

Chairman or Designee is authorized to sign all pertinent

documents.

To authorize the Chairman or Designee, to execute the

attached Amendment and Restated Contribution Agreement.

The amendments are necessary in order to complete the

audit and tax returns for the New Markets Tax Credit

transaction for the San Poil Treatment Center.

To approve funding to Hearts Gathered, in the amount of

$130,000.00, for the fiscal year 2024 for the purposes of

assisting with general operating costs. The Chairperson or

Designee is authorized to sign all pertinent documents.

To approve the Information Technology Department's

request for a delegation of authority to apply for colvillensn-gov internet address ownership through appropriate

government processes (get.gov). The process would require

attaching authorized individual for Confederated Tribes of

the Colville Reservation for completion. Delegation

authority will reside solely with Chief Information Officer

Special Session

February 8th, 2024

Raylene Ensminger, Executive Office Assistant

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9 FOR (PT, DB, SZ, AJ,

JS, DW, AB, MT, SC)

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and Deputy Chief Information Officer. Chairman or

Designee to sign all pertinent documents.

To appoint Rebecca Hunt, Natural Resources Director, to

the Washington State Forrest Health Advisory Board for a

term of 3 years. Chairperson or Designee has authority to

sign all pertinent documents.

To accept a three year grant from the Inatai Foundation in

the amount of $225,000.00 to advance and support the

innate sovereignty of the Sinixt and the Colville Tribes. The

grant money shall be transferred to, and spend out of, the

Sinixt Confederacy bank account in Canada. The Chairman

or his Designee is authorized to sign all pertinent

documents.

To approve Memorandum of Agreement between Pascal

Sherman Indian School and Hearts Gathered with the

recommendation additions of "Term of Agreement" and

"Termination Clause" sections. Chairman or Designee to

sign all pertinent documents.

To authorize the Chairman or Designee to sign the attached

letter to US Department of Interior Secretary Deb Haaland,

regarding the Native American Ironworkers Training

Program.

To approve the 2024 CBC Schedule of Events.

9 FOR (PT, DB, SZ, AJ,

JS, DW, AB, MT, SC)

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4 FOR (PT, DW, MT, SC)

4 ABSTAINED (JS, AJ,

DB, SZ)

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To appoint Norma Sanchez as the Omak District alternate

for the 2024 Elections Committee.

To appoint Roger Finley as the Inchelium District alternate

for the 2024 Elections Committee.

To appoint Dorthey Zacherle as the Nespelem District

alternate for the 2024 Elections Committee.

To appoint Tabitha Parr as the Keller District alternate for

the 2024 Elections Committee.

To approve carryover in the amount of $7,545,920.00 from

the original Qwam Qwmpt' Plan in the amount of

Special Session

February 8th, 2024

Raylene Ensminger, Executive Office Assistant

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4 FOR (PT, DW, MT, SC)

4 ABSTAINED (JS, AJ,

DB, SZ)

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DB, SZ)

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JS, DW, AB, MT, SC)

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$11,737,555.00. The 10-Year budget will continue to carry

out the mission of restoring watershed condition of the

Colville Reservation by upgrading or eliminating road

features and other causes of Tribal resource degradation.

The funds are used to employ a Restoration Program

Manager, Restoration Specialist, Restoration

Implementation Specialist, and Restoration Grant Writer.

Additional expenditures include contracts, building cost

allocation, vehicle maintenance, and other clerical,

consultation, and supply services. Chairperson or Designee

is authorized to sign all pertinent documents.

To approve attached Consultation Contract with Maul Foster

& Alongi, Inc. to provide environmental engineering and

consulting services to the ETD Tribal Response Program

including groundwater monitoring, lead remediation, and

on-call/emergency assessment and abatement services in

FY2024 in the amount of $150,255.00. Contract end date

09/30/2024. Chair or Designee has authority to sign all

related paperwork.

To approve Modification #0 of the EPA Performance

Partnership Grant (PPG) BG-00J42804 in the amount of

$1,566,437.00. This modification approves funds to

Wetlands, 319 Nonpoint Source, 106 Water Quality, Air

Quality, and IGAP; all programs administered by the

Environmental Trust Department for FY2024-FY2025.

Chair or Designee authorized to sign all pertinent

documents.

To approve the acceptances of Reforestation

Reimbursement Program funds from the Upper Columbia

United Tribes in the amount of $350,000.00. These

reimbursements funds are for seedlings planted by the

Colville Tribes in 222 in the wildland fire areas.

Chairperson or Designee has authority to sign all pertinent

documents.

To approve the acceptances of the Reforestation

Reimbursement Program funds from the Upper Columbia

United Tribes in the amount of $435,162.20. These

reimbursements funds are for seedlings planted by the

Colville Tribes in 2022 in the wildland fire areas.

Chairperson or Designee has authority to sign all pertinent

documents.

To approve the new full award for 310024 Chief Joseph

Kokanee Enhancement Project in the amount of

$1,244,000.00. Performance period: January 1, 2024 December 31, 2025. Chairperson or Designee to sign all

pertinent documents.

To approve the new full award for 316024 Northern Pike

Suppression and Monitoring project in the amount of

Special Session

February 8th, 2024

Raylene Ensminger, Executive Office Assistant

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$346,707.00. Performance period: February 1, 2024 January 31, 2025. Chairperson or Designee has authority to

sign all pertinent documents.

To approve the new BPA award for the new Okanogan

Basin Monitoring & Evaluation Program (OBMEP) in the

amount of $1,486,034.00; Fund number 315824.

Performance period is March 1, 2024 to February 28, 2025.

The Chairperson or Designee has authority to sign all

pertinent documents.

To approve the purchase of fish feed for the Colville Tribes

Resident Fish Hatchery in the amount of $114,000.00.

Funding is from BPA fund number 312024. The

Chairperson or Designee has authority to sign all pertinent

documents.

To approve the subcontract with Environmental Science

Associates funded by BPA, fund number 315824 in the

amount of $76,540.00. Performance dates are from March 1,

2024 - February 28, 2025. The Chairperson or Designee has

authority to sign all pertinent documents.

To discuss and approve final language for two letters to be

sent to the DOE and Hanford Advisory Board regarding

CTCR recognition of "affected tribal status" and a voting

seat on the Hanford Advisory Board. Chairman or Designee

to sign all pertinent documents.

That Milton Davis, Jr., the Traditional Territories Sahaptin

Coordinator, be to approved to join the Wallowa Land Trust

Board of Directors. This board further solidifies the network

and relationship in our Chief Joseph Nez Perce homelands.

The Colville Business Council Chairman or Designee to

sign all documents.

To hereby approve the amended version 5 of the

Commission's Personnel Addendum as proposed to the

Colville Business Council. Chairman or Designee shall have

authority to sign any and all necessary documents.

To accept Mod 1 for Contract No. A24AV00168 in the

amount of $2,500,526.00 for the Adult Detention Program.

The cumulative total to date is $2,877,475.00. The

Chairman or Designee shall sign all pertinent documents.

Special Session

February 8th, 2024

Raylene Ensminger, Executive Office Assistant

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