COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

December 19th, 2013

Resolution Index

Condensed by, Trisha Jack, CBC Recording Secretary

Council Members Present: Michael O. Finley, Joseph Somday, Andy Joseph Jr., William Nicholson II, Ricky

Gabriel (present at 9:13am), Ernest Brooks III, Nancy Johnson, Jim Boyd, Allen

Hammond and Jack W. Ferguson

Delegation/Absent: John E. Sirois, Benny Marchand Jr. and N. Lynn Palmanteer-Holder

Resolution No.

Condensed Recommendation Information

10-Signature

2013-919.hhs/m&b

To approve an amount of $10,000 to added to the Donable

Foods Program budget to purchase 350 turkeys and food

vouchers for the 2013 Christmas Holiday to be given out to

Indian families in need living on and near the Colville Indian

Reservation. Turkeys will be purchased from the Nespelem

Trading Post and vouchers will be used at Reservation Stores

and Gene's Harvest Foods in Omak. (Emergency 10

affirmative signature required) Funds to be taken from

Columbia River Initiative.

To select an alternative proposed by the 3P team for the 21

Mile Logging Unit. The project encompasses approximately

27,995 acres of which 4,254 of tribal trust acres are

scheduled for treatment this entry. The recommended

alternative emphasizes treatment of forest health problems

and vegetation manipulation in accordance with the Colville

Tribes Integrated Resource Management Plan. With an

estimated volume of 25 MBF to be harvested of which 20%

(5MBF) is Ponderosa Pine, 50% (12.5 MBF) is Douglas

Fir/Western Larch, and 30% (7.5 MBF) is White Fir & Other

Species. Logging methods shall be as follows: 22% (932.64

ac.) cable logging, 78% (3,321.36 ac.) tractor logging.

Chairman or designee has the authority to sign all pertinent

documents.

To authorize the Chairman of the Colville Business Council

to declare a state of emergency on the Colville Reservation

in response to the continued lack of adequate healthcare

being provided by the Indian Health Service (I.H.S.). The

under-resourced health care system has resulted in sever staff

shortages and/or misdistribution of health personnel. The

lack of response by I.H.S. to inequitable staffing issue

continues to put the lives of Tribal member at unnecessary

risk and has made the most basic healthcare for the Indian

residents of our reservation unattainable. Chairman or

designee is authorized to sign all pertinent documents and

2013-920.nrc

2013-921.hhs

Special Session

December 19th, 2013

Trisha Jack, CBC Recording Secretary

Colville Business Council Vote Tally

10 FOR (AJ, JB, SS, JSOMDAY, BM, NJ, AH,

EB, LPH, JSIROIS)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

8 FOR (WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

*Out of the Room (EB)

8 FOR (EB, WN, AJ, JSOMDAY, JF, JB, NJ, AH)

0 AGAINST

0 ABSTAINED

Page 1

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2013-924.hhs

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2013-926.m&b

2013-927.m&b

correspondence requesting adequate support, response, and

healthcare from I.H.S. and any other agency, entity, or

individual that will address this life-and-death situation.

To approve Amendment No. 01 to Contract 1269-63927

CDSME. All other terms and conditions of this Contract

remain in full force and effect.

To approve the FY 2014 State of Washington, Department

of Health, Tribal Public Health Emergency Preparedness and

Response Contract #N20223 in the amount of $50,955.00

effective July 1, 2013 to June 30, 2014. No tribal dollars

associated. Chairman or his/her designee authorized to sign

all pertinent documents.

To approve the Indian Nation Program Agreement by and

between the State of Washington Department of Social &

Health Services and the Confederated Tribes of the Colville

Reservation for the purpose of read-only, web based secured

access to the Automated Client Eligibility System (ACES),

Support Enforcement Management System (SEMS), and

Employment Security Department (ESA) Data for case

management. The renewal agreement end date is January

31st, 2017. The Chairman or designee is authorized to sign

all documents pertaining to this agreement.

To adopt the Nespelem Charter Cub/Boy Scout Pack #25.

This agreement commits the Colville Business Council to

have signatory responsibility, to include registration and a

$40.00 annual charter fee. Chair or his/her designee to sign

all documents.

To approve the resolution of the retirement committee in

which recommends to adopt the Confederated Tribes of the

Colville Reservation Retirement Plan, effective January 1,

2013; authorizes a representative to deliver and executed

copy of the Plan to the Trustee; and authorizes a

representative to take necessary steps to effectuate the

foraging resolutions. Chairman or designee to sign all

pertinent documents.

To approve that three million dollars ($3,000,000.00) of

funding be immediately appropriated for clean-up of the

Inchelium wood treatment facility with funds to be derived

from the Restoration Fund and repaid with the Clean Up

Fund over a period of ten years as outlined in the attached

financial projections. Funds to be allocated to the

Environmental Trust Department.

WHEREAS, in accordance with the attached financial

projections it is the understand of the Management & Budget

Committee that three million dollars of funding is potentially

available for clean-up of the Inchelium Wood Treatment

facility with the funds to be derived from the Qwam Qwmpt'

Restoration funds; and

WHEREAS, it is the understanding of the Management &

Budget Committee that the money allocated for the Clean

Special Session

December 19th, 2013

Trisha Jack, CBC Recording Secretary

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

8 FOR (EB, WN, AJ, JSOMDAY, RG, JB, NJ,

AH)

0 AGAINST

1 ABSTAINED (JF)

Page 2

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Up of contaminated sites by Resolution 2013-331 could be

used to repay the three million dollars over a period of ten

years (10) with 2.5% interest, to ensure that the budget for

the Restoration funds remains unchanged. Chairman or his

designee is authorized to sign any related documents.

To approve the attached proposal for the Chairman's

signature to renew CIPP Property Insurance with Conover

for $68,479.00; and

WHEREAS, the Colville Tribal Federal Corporation

previously insured CIPP Property with Conover; and

WHEREAS, the Tribes intend to cover the CIPP Property

under their insurance policy to cover approximately $17.5

million for the CIPP Property; and

THEREFORE BE IT RESOLVED, that we, the Colville

Business Council do hereby approve the attached insurance

proposal with Conover for $68,479.00 for CIPP Property

Insurance from December 1, 2013 to June 5, 2014 for the

Chairman or designee's signature as well as any other

pertinent documents.

To approve opening a Key Bank Account for the Chief

Joseph Longhouse Rebuilding Fund. This fund will be

overseen by the Tribe’s Accounting Department. This will

allow donations to the fund to be considered non-profit.

Once the Chief Joseph Longhouse Rebuilding Committee

has a re-instated their 501c3 Status for the sole purpose of

rebuilding the Nez Perce Longhouse in Nespelem, WA. The

Chairman or designee is authorized to sign relevant

documents.

To accept the Colville Tribal Relinquishment of Joseph

Allen Delacruz, on the current Colville Tribal Membership

Roll.

To accept the Colville Tribal Relinquishment of Tracy Adele

Lewis, on the current Colville Tribal Membership Roll.

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

2013-932.e&e

2013-933.nrc

2013-934.nrc

To approve a Contract with Council for Tribal Employment

Rights (CTER) in the amount of $80,000.00 for NCCI

training to conduct a three part 100 hour

remodeling/rehab/emergency repair for tribal members to

enhance their job skills. This authorizes the Chairman or

designee to sign documents related to this matter.

To approve the attached budget modification #10 to 312210

Chief Joseph Hatchery Planning and Design for a date

extension to September 30, 2014 and the Chairman or

his/her designee authorized to sign all pertinent documents.

Attached is the budget mod #10 and no tribal dollars

associated.

To approve the new full award for Pacific State Marine

Fisheries Commission in the amount of $90,000, and the

dates are from October 1, 2013 to September 30, 2014 and

Special Session

December 19th, 2013

Trisha Jack, CBC Recording Secretary

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

Page 3

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2013-936.nrc

2013-937.nrc

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2013-940.nrc

2013-941.nrc

2013-942.nrc

2013-943.nrc

authorize the Chairman or his/her designee to sign all

pertinent documents. Attach is the new full award. No

Tribal dollars associated.

To approve the budget modification #3 Omak Creek adding

an additional $47,177 bringing the total contract value to

$624,401. Dates remain the same and authorize the

Chairman or his/her designee to sign all pertinent

documents. Attach is budget mod #3. No tribal dollars

associated.

To approve the new full award for 310014 Chief Joseph

Kokanee Project in the amount of $777,340, and the dates

are from January 1, 2014 to December 31, 2014 and

authorize the Chairman or his/her designee to sign all

pertinent documents.. Attach is the new full award. No tribal

dollars associated.

To approve the new full award for 321514 White Sturgeon

Enhancement in the amount of $688,935, and the dates are

from December 1, 2013 to November 30, 2014 and authorize

the Chairman or his/her designee to sign all pertinent

documents. Attach is the new full award. No tribal dollars

associated.

To approve the new full award for 312013 Colville Hatchery

O&M in the amount of $1,482,564, and the dates are from

December 1, 2013 to November 30, 2014 and authorize the

Chairman or his/her designee to sign all pertinent

documents. Attach is the new full award. No tribal dollars

associated.

To approve the new full award for 321014 Joint Stock

Assessment in the amount of $76,000, and the dates are from

March 1, 2014 to February 28, 2015 and authorize the

Chairman or his/her designee to sign all pertinent

documents. Attach is the new full award. No tribal dollars

associated.

To approve the budget modification #2 FFSA adding an

additional $36,291 bringing the total contract value to

$108,872, and date extension to December 31, 2013 and

authorize the Chairman or his/her designee to sign all

pertinent documents. Attach is budget mod #2. No Tribal

Dollars associated.

To approve the Fish & Wildlife Organizational Charts with

charges. Chair or designee is authorized to sign all pertinent

documents.

To approve the Forestry paint order with True Survey

Supply, Inc. in the amount $89,581.60. This purchase is for

acquiring paint to be used within the forestry department for

Pre-Timber Sale activities. No tribal dollars used in funding

this requisition. Chairperson or designee has the authority to

sign all pertinent documents.

To amend rental compensation amount to $750.00 per year,

per the Fair Market Rental Value dated March 20, 2013

Special Session

December 19th, 2013

Trisha Jack, CBC Recording Secretary

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

Page 4

2013-944.nrc

2013-945.nrc

(attached) on undeveloped home site. The original home site

Ms. Orr selected was developed and the Bureau of Indian

Affairs relocated her to an undeveloped home site due to

availability. The Tribal Tract No. 101-T233-A (por)

described as:

A portion south of Highway 155, the

E1/2NE1/4SW1/4NW1/4 of Section 18, Township 33 North,

Range 29 East, Willamette Meridian, Okanogan County,

Washington, containing 5.00 acres more or less.

All terms remain the same. Chairman or designee has

authority to sign all pertinent documents.

To approve and accept Bonnie (Best) Harris lease

application for a Home Site Lease for Colville Tribal Tract

No. 101-T4180 (por) described as:

Located east of Columbia/Omak Lake Road in the

NW1/4NW1/4SW1/4, Section 19, Township 31 North,

Range 28 East, Willamette Meridian, Okanogan County,

Washington, containing 5.0 acres, more or less.

TERM: 25 years, from date of approval; option of 25 year

renewal upon good standing Compensation: $250.00 per

annum, subject to Fair Market Rental Value. Bond: $250.00

(equivalent to one year rent) Lease Fee: $15.00 (one time

fee).

Lease subject to conditions cited in IRMP Coordinator's

review. Chairman or designee has authority to sign all

pertinent documents.

WHEREAS, the Confederated Tribes of the Colville

Reservation since before establishment of the United States

have possessed, exercised, and retained the inherent

sovereign authority to administer, manage, use, preserve,

protect, and regulate tribal property for the general welfare

of their members and to set aside land for tribal development

and other governmental purposes; and

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

WHEREAS, such customs and traditions are reflected in part

but not wholly in the Tribes’ Constitution and Code, and

applying, honoring, and implementing such customs and

traditions is vital to promote the welfare of the tribal

community and to improve the economic condition of the

Tribes; and

WHEREAS, Colville Tribal Federal Corporation (“CTFC”)

is wholly owned by the Tribes and serves to promote the

economic development of the Tribes and to enable the Tribes

to develop their resources for the benefit of the people of the

Colville Indian Reservation; and

WHEREAS, an assignment of land by the Tribes under their

customary and traditional law to CTFC or an affiliate or

subsidiary thereof, including without limitation Cotriga,

LLC, constitutes an exercise of the Tribes’ inherent

sovereign authority to set aside the Tribes’ land for tribal

Special Session

December 19th, 2013

Trisha Jack, CBC Recording Secretary

Page 5

development and other governmental purposes, and does not

require is not subject to any federal approval requirement;

and

WHEREAS, it is the recommendation of the Management &

Budget Committee to approve the Tribes’ issuance of the

attached land assignment to Cotriga, LLC to use for

development and other governmental purposes certain land

in Omak, Washington, commonly known as the Delfield

Property, Tribal Tracts 101-T5805 and 101-T101-40 in its

entirety.

THEREFORE, BE IT RESOLVED, that we, the Colville

Business Council, do hereby approve the above

recommendation of the Management & Budget Committee;

and

BE IT FURTHER RESOLVED, that the Colville Business

Council hereby approves and issues a land assignment to

Cotriga, LLC for the Delfield Property, and hereby

authorizes and directs its Chairman to execute the attached

land assignment on behalf of the Tribes; and

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TABLED

2013-948.tg

BE IT FURTHER RESOLVED that the Colville Business

council hereby authorizes and directs tribal official, staff,

and attorneys to take any and all necessary actions to

implement this Resolution.

To approve the Tribal Historic Preservation Officer to resign the Federal Columbia River Power System's

Systemwide Programmatic Agreement for managing cultural

resources in compliance with Section 106 of the National

Historic Preservation Act. This is done with the full

understanding that the Army Corps of Engineers, Bureau of

Reclamation, and the Bonneville Power Administration, in a

joint letter dated June 3, 2013, fully accept the guidance of

the Advisory Council on Historic Preservation, as detailed in

a letter from Reid Nelson dated October 1, 2012, on

implementation of the Systemwide Programmatic

Agreement. Chairman or his designee is authorized to sign

all documents. No tribal dollars.

To renew the Contract for Hobbs Straus Dean & Walker for

work related to PL-638 contracting matters and such other

matters as may be assigned, including contract support costs,

claims and carbon sequestration issues as authorized by the

Colville Business Council. Amount is requested in FY 2014

Budget. Chair or designee to sign all pertinent documents.

To approve $5,000.00 to Joseph A. Pakootas running for

Washington State 5th District Congressional Representative.

Funds will come from the Colville Business Council line

item Political Contributions. Chairman or designee to sign

all pertinent documents.

Special Session

December 19th, 2013

Trisha Jack, CBC Recording Secretary

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, JF, RG, JB, NJ,

AH)

0 AGAINST

0 ABSTAINED

Page 6