# COLVILLE CONFEDERATED TRIBES

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A34658992ce26516c

## Record

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

## Text

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.

2024-75.tg
10-Signature

2024-76.tg
10-Signature

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
0 ABSTAINED
Rationale: Timelines –
Response Due.
10 FOR (DB, JS, MT, RF,
AJ, DW, JME, KC, PT,
SC)
0 AGAINST
0 ABSTAINED

2024-77.m&b
10-Signature

CONFIDENTIAL

Rationale: Timelines.
10 FOR (NS, CM, DB,
JME, PT, KC, SZ, SC,
DW, KC)
0 AGAINST
0 ABSTAINED

2024-78.tg
10-Signature

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)
0 AGAINST
0 ABSTAINED
Rationale: Timelines.

2024-79.tg
10-Signature

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
0 ABSTAINED

2024-80.tg
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
0 ABSTAINED

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10-Signature

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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
0 ABSTAINED
Rationale: Due Today.
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST

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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

0 ABSTAINED

9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED

9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED

9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST

2024-95.m&b

CONFIDENTIAL

Special Session
February 8th, 2024
Raylene Ensminger, Executive Office Assistant
Page 3 of 8

0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)

0 AGAINST

2024-96.m&b

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
Page 4 of 8

0 ABSTAINED
8 FOR (PT, DB, SZ, AJ,
JS, DW, MT, SC)
1 AGAINST (AB)
0 ABSTAINED

2024-97.m&b

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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
Page 5 of 8

9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED

9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED

2024-104.tg

2024-105.tg

2024-106.e&e

2024-107.e&e

2024-108.ele

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)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED

9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
4 FOR (PT, DW, MT, SC)
4 ABSTAINED (JS, AJ,
DB, SZ)

2024-109.tg

2024-110.tg

2024-111.tg

2024-112.tg

2024-113.nrc.m&b

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
Page 6 of 8

0 AGAINST
4 FOR (PT, DW, MT, SC)
4 ABSTAINED (JS, AJ,
DB, SZ)
0 AGAINST
4 FOR (PT, DW, MT, SC)
4 ABSTAINED (JS, AJ,
DB, SZ)
0 AGAINST
4 FOR (PT, DW, MT, SC)
4 ABSTAINED (JS, AJ,
DB, SZ)
0 AGAINST
4 FOR (PT, DW, MT, SC)
4 ABSTAINED (JS, AJ,
DB, SZ)
0 AGAINST
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)

2024-114.nrc

2024-115.nrc.m&b

2024-116.nrc.m&b

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2024-118.fish

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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
Page 7 of 8

0 AGAINST
0 ABSTAINED

9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED

9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED

9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED

9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED

9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)

2024-120.fish

2024-121.fish

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2024-123.cul

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2024-126.l&j.e&e

$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
Page 8 of 8

0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
8 FOR (PT, DB, SZ, AJ,
JS, AB, MT, SC)
0 AGAINST
1 ABSTAINED (DW)
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED
9 FOR (PT, DB, SZ, AJ,
JS, DW, AB, MT, SC)
0 AGAINST
0 ABSTAINED

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A34658992ce26516c. Public record. Not legal advice.