# COLVILLE CONFEDERATED TRIBES

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A477c3db4c9c085d7

## Record

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

## Text

COLVILLE CONFEDERATED TRIBES
COLVILLE BUSINESS COUNCIL
Resolution Index
Condensed by Darla Carden, CBC Recording Secretary

SPECIAL SESSION on September 6, 2001
Council Members Present:

Louella Anderson, Shirley Charley, Colleen Cawston, Margie Hutchinson,
Jeanne Jerred, Gene Joseph, Joanne Leith, Deb Louie, DR Michel, Joe
Pakootas, Kevin Rosenbaum, John Stensgar, Rich Swan

Delegation/Absent:

Mike Marchand, delegation.

Resolution No.

Condensed Recommendation Information

Colville Business Council Vote Tally

10 Signature:
2001-480.nat

To allow incident Management Team 5 to take
emergency fire suppression actions necessary to
protect the natural resources in the Grizzly
Mountain Wilderness Area.

10 FOR (JL, DL, DRM, SC, GJ, JJ, JS, JP, RS,
KR) 0 AGAINST 0 ABSTAINED. MOTION
CARRIED.

10 Signature:
2001-481.l&j

To authorize the Chairperson or her designee to
sign the contract for S. Lane Throssell, Staff
Attorney, Colville Tribal Legal Office, from
September 1, 2001, to September 30, 2004.

10 FOR (DL, JP, SC, LA, JL, JJ, KR, JS, GJ, RS) 0
AGAINST 0 ABSTAINED. MOTION CARRIED.

10 Signature:
2001-482.l&j

Section 6-10-84(a), subpart (2) cites the “Albert Orr
(HUD)”. CIHA effectively changed the “Albert
Orr(HUD)” site name to the “Rocky Road
Community Site” November 3, 1998. At present, the
Law & Order Code due date for release has been set
for September 2001. In order to meet this due date by
making necessary corrections for the September
edition, an “emergency” submission is being made.
Please review attached proposed code amendment.

10 FOR (DL, SC, LA, RS, JL, JJ, JS, GJ, JP, KR) 0
AGAINST 0 ABSTAINED. MOTION CARRIED.

10 Signature:

Approve the request of CIHA for their standard
25+25 year Business Lease be completed based on the
following described and per Inchelium Master Plan
(as attached and previous approved). This site is for
apartment complex. See resolution for land
description. TERM: 25 years PLUS 25 year beginning
9/1/01 to 8/30/51.

10 FOR (RS, JP, DL, SC, JA, JL, JJ, JS, GJ, KR) 0
AGAINST 0 ABSTAINED. MOTION CARRIED.

This grant supports much of the LIHEAP that the
Tribe administers. This CSBG application is essential
to providing this service, and in many respects deals
with direct services to the Colville Tribal
Membership. The application is very straightforward,
and requires no matching or additional dollars. This
grant application is for two years (FY2002-2003).
Which the Tribes will submit an annual report on the
use of FY2002 CSBG funds in order to receive CSBG
funds next fiscal year. Chairperson has authority to

10 FOR (JL, JS, GJ, SC, KR, JJ, MH, JP, LA, CC) 0
AGAINST 0 ABSTAINED. MOTION CARRIED.

2001-483.nat

10 Signature:
2001-484.com

Resolution Index - Sept 6, 2001 - Page 1

sign all related documents.

10 Signature:
2001-485.e&e

10 Signature:
2001-486.e&e

10 Signature:
2001-487.e&e

10 Signature:
2001-488.e&e

10 Signature:
2001-489.e&e

10 Signature:
2001-490.nat

To forward TANF Office Building request for site
location to the Natural Resources Committee. Fund
source to purchase modular building has been
identified under account #7270, 7271, 7272 to include
infrastructure costs (power, phone lines, water, sewer,
foundation, etc.)

13 FOR (MH, DL, JS, MM, CC, LA, SC, GJ, JL, JJ,
KR, RS, DRM) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

To authorize the TANF Operating Agreement
between the Confederated Tribes of the Colville
Reservation Tribal TANF Program (CCTP) and the
Tri-County Community Services Office (CSO) for the
implementation of the Colville Tribal TANF program
(CCTP). This agreement is to further strengthen the
government-to-government working relationship
between all of the parties; and to assure that all of our
mutual clients receive the best possible services at all
times during the transition and the day-to-day
operation of our TANF programs. Chairperson or
designee has authority to sign all related documents.

13 FOR (MH, DL, JS, MM, CC, LA, SC, GJ, JL, JJ,
KR, RS, DRM) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

To authorize the Intergovernmental agreement
between CCT (TANF) and the Washington State
DSHS. To transfer a fair an equitable amount of state
maintenance of effort funds to the Tribes and to work
in partnership to coordinate state and tribal benefits
and services. This agreement is consistent with and is
intended to further, the declared national policy of
moving recipients into work and timelimited
assistance. At the same time, this agreement also
protects the best interest of families and children by
providing an effective and efficient way by which
these families and children may be maintained from
the resources available to both the Tribes and the
Dept. Chairperson or designee has authority to sign
all related documents.

13 FOR (MH, DL, JS, MM, CC, LA, SC, GJ, JL, JJ,
KR, RS, DRM) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

To approve this MOA between the State and the
Tribes to further develop and strengthen their
government-to-government relationship in the area of
“Temporary Assistance to Needy Families” (TANF).
The Colville Tribe’s assumption of this program will
promote and enhance tribal self-sufficiency.
Chairperson or designee has authority to sign all
related documents.

13 FOR (MH, DL, JS, MM, CC, LA, SC, GJ, JL, JJ,
KR, RS, DRM) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

To approve the Tribes TANF Plan 01-04 under the
Welfare Reform Act, federally recognized Indian
Tribes are eligible to apply for funding under section
412 of the Social Security Act, as amended by P.L.
104-193 to administer and operate their own TANF
programs. Chairperson or designee has authority to
sign all related documents.

13 FOR (MH, DL, JS, MM, CC, LA, SC, GJ, JL, JJ,
KR, RS, DRM) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

Chairperson or designee be authorized to sign a letter
to appropriate authorities and interests supporting
$800,000 in construction general U.S. Army Corps of
Engineers funding to enable design work to begin for
structural and operational modifications to Chief

11 FOR (DRM, RS, JS, JJ, JL, LA, SC, MH, KR,
GJ, CC) 0 AGAINST 0 ABSTAINED. MOTION
CARRIED.

Resolution Index - Sept 6, 2001 - Page 2

Joseph Dam in order to reduce dissolved gas pollution
of the Columbia River from Grand Coulee Dam to the
Hanford reach. Dissolved gas kills many fish in the
Columbia River during periods of high flow and
causes violations of tribal and state water quality
standards. The proposed work at Chief Joseph Dam
would result in dramatic reductions in peak dissolved
gas loading below Grand Coulee Dam. No tribal
dollars.
10 Signature:
2001-491.gov

To approve burial and wake benefits for Larry
Emerson non-enrolled spouse of Elaine Timentwa
Emerson, enrolled tribal member. Larry Emerson’s
DOB: 12/15/39. DOD: 09/03/01.

10 FOR (JL, JS, JP, DL, GJ, MM, LA, SC, KR, CC)
0 AGAINST 0 ABSTAINED. MOTION CARRIED.

2001-492.l&j

To approve and enact attached amendments as
proposed. Amendment shall add five additional tribal
entities/departments as declared depositories for the
Colville Tribal Code. Chapter 1-6 shall be forwarded
to Code Revisor for certification and shall be effective
upon date certified.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-493.l&j

To approve and enact attached amendments as
proposed to CTC 6-3. Section captions shall be added
to Chapter 6-3 and the Table of Contents. Chapter 6-3
shall be forwarded to the Code Revisor for
certification and shall be effective upon date certified.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-494.l&j

To adopt and enact attached amendments as proposed
to Chapter 8-1. The Non-substantive Language
corrections being made to Chapter 8-1 “Membership”
shall have introductory captions following section
numbers. The same introductory captions shall also be
added to the Table of Contents for clarification (see
attached). Approved changes shall be forwarded to
the Code Revisor for certification and shall become
effective upon date certified.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-495.l&j

To approve and enact attached code amendment as
proposed to CTC 2-4. The Non-substantive Language
correction being made to Chapter 2-4 “Administrative
Procedure Act” will provide reader at the opening of
the Chapter of who application applies. Section 2-427 shall be moved to the beginning of this Chapter as
“2-4-1". The approved change shall be forwarded to
the Code Revisor for certification and shall become
effective upon date certified.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-496.m&b

To approve a continuing resolution through the end of
October 2001 for the fiscal year 2002 Budget. Budget
appropriations will be determined by the final
approval of the 2002 budgets and adjustments made
accordingly and cover the following: 1. Higher Ed 1st qtr. Tuition. 2. Forest Mgmt. Deductions - and
continuation of projects underway. 3. Land Purchase October fee transactions closing in October and the
payment for second half taxes to Okanogan & Ferry
Counties. 4. Budgeted projects currently underway.
Budget be 1/12 at 80% of the 2000 budget.

11 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP, JS,
RS) 1 AGAINST(KR) 0 ABSTAINED. MOTION
CARRIED as amended.

Resolution Index - Sept 6, 2001 - Page 3

2001-497.m&b

To accept Debra Powless, Executive Director’s
resignation effective November 30, 2001 and
authorize Personnel to advertise the position
immediately.

11 FOR (LA, SC, MH, JJ, JL, DL, DRM, JP, KR,
JS, RS) 1 AGAINST(GJ) 0 ABSTAINED. MOTION
CARRIED.

FAILED
2001-498.m&b

To approve the continued use of the legal services of
Dorsey & Whitney LLP for Colville Tribal Credit by
amending the existing contract between Colville
Tribal Credit and Dorsey & Whitney LLP to include
an extension of the term of the contract from
September 15, 2001 to September 30, 2004. The total
amount of the contract amendment is an additional
$336,000. The amended contract will not exceed an
additional $310,000 for services and $26,000 for
expenses. A copy of the contract amendment is
attached. The funding for this contract will be
provided from Colville Tribal Credit revenues. The
CTEC BOD has approved the amendment to the
Dorsey & Whitney LLP contract.

4 FOR (RS, DL, JL, KR) 8 AGAINST (JP, GJ, SC,
JJ, JS, LA, MH, DRM) 0 ABSTAINED. MOTION
FAILED.

2001-499.m&b

To approve Option No. 2: PL93-638 Tribal Federal
Contract for Construction Project No. 1 Blg #42
$21,074 and Project No. 2 blg#301 for $19,404 for
Colville Agency. No tribal dollars involved. See
attached.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-500.m&b
.com

To accept the proposal from CTSC to complete the
Design and Fast Track Construction of the Nespelem,
Expansion Project, Phases 1, 2, and 3 for the
guaranteed maximum price of $4,424,500.00 per IHS
638 contract no.102-01-0018 and to extend the
existing contract performance period from August 31,
2001 through October 30, 2003, to complete the same.
To apply and look to creative fund package with loan,
grant, bond financing and other resources available to
the Tribes. Chair or designee authorized to sign a
contract modification to CTSC contract to increase
the dollar amount $4,424,500.00 and time listed
above.

10 FOR (LA, SC, MH, GJ, JL, DL, DRM, JP, KR,
RS) 2 AGAINST (JJ, JS) 0 ABSTAINED. MOTION
CARRIED.

2001-501.m&b
.com

To accept the proposal from CTSC to complete
Design and Construction of the Inchelium Clinic for
the guaranteed maximum price of $3,868,572.00 per
the submitted and approved 40% Design Drawings,
and to extend the existing contract performance
period from August 31, 2001 through June 30, 2003,
to complete the same. To apply and look to creative
fund package with loan, grant, bond financing and
other resources available to the Tribes. Chair or
designee be authorized to sign a contract modification
to CTSC contract to increase the dollar amount
$3,868,572.00 and time listed above.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-502.m&b
.com

To accept the proposal from CTSC to complete the
Design and Construction of the Keller Clinic for the
guaranteed maximum price of $1,656,518.00 per the
submitted and approved 40% Design Drawings, and
to extend the existing contract performance period
from August 31, 2001 through June 30, 2003, to
complete the same. To apply and look to creative fund

11 FOR (LA, SC, MH, JJ, GJ, JL, DRM, JP, KR, JS,
RS) 1 AGAINST(DL) 0 ABSTAINED. MOTION
CARRIED.

Resolution Index - Sept 6, 2001 - Page 4

package with loan, grant, bond financing and other
resources available to the Tribes. Chair or designee be
authorized to sign a contract modification to CTSC
contract to increase the dollar amount $1,656,518.00
and time listed above.
2001-503.nat

To approve the purchase of Edie Van Slyke’s 80.00
acres of fee land at the negotiated price of $55,200.00.
The property is described as: S1/2S1/2NE1/4;
N1/2N1/2SE1/4 Section 15, T. 28 N., R. 35 E.W.M.,
Ferry County, Washington. Parcel No. 5-28-15-1300010-00. Purchase will be paid out of the Tribal
Land Purchase Account 550.79875 and converted into
trust.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-504.nat

To approve the exchange of lands of equal value
between Evelyn James and the CCT as follows:
Evelyn James Property, 101-1000:(see resolution for
complete land description) FOR Tribal land 101T4292: 5.00 acres, more or less within that part of the
SE1/4NW1/4SE1/4 South of the Columbia River road
in Section 33, Township 31 North, Range 30 East,
Willamette Meridian, Okanogan County, Washington.
Request the branch of Real Property Mgmt. To
request survey and appraisals to determine the fair
market value of the above said properties.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-505.nat

To approve the exchange of lands of equal value
between Gail Stensgar and CCT as follows: Gail
Stensgar Property, FEE:(see resolution for complete
land description) FOR Tribal land 101-T4567(por): A
portion within the NE1/4SW1/4SE1/4SW1/4 and the
SW1/4NE1/4SE1/4SW1/4 lying South of the Omak
Mountain Road in Sec. 32, T.34 N., R. 27 E.W.M.,
Okanogan County, Washington, containing 5.00
acres, m/l. Ms. Stensgar to provide a Preliminary
Commitment for Title Insurance at her cost free from
any liens or encumbrances and to immediately
convert to trust status upon exchange. Request the
Branch of Real Property Mgmt. to request survey and
appraisals to determine the fair market value of the
above said properties.

11 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, RS) 0 AGAINST 1 ABSTAINED(JS).
MOTION CARRIED.

2001-506.nat

Approve the purchase of an undivided 13/16 trust
interest at the appraised value of $68,000.00 in the
Lester Covington Allotment, 101-1203, described as:
The E1/2E1/2SE1/4 of Section 1, T.28 N., R. 33
E.W.M., and Lots 6 and 7, the S1/2NE1/4SW1/4 of
Section 6, T.28 N., R.34 E.W.M., Ferry County,
Washington, containing 129.12 acres, more or less.
Also to negotiate the purchase of an undivided 3/16
fee interest from Shelley Stine Covington, non tribal
member, and to convert said interest into trust status
upon purchase. Funds to be disbursed from Fish and
Wildlife’s mitigation funding.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-507.nat

Approve the purchase of an undivided 1095/1536
trust interest at the appraised value of $83,000.00 total
share being $59,169.92 in the Charley
(Klapcoselkiah) Allotment, 101-1275, described as:

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

Resolution Index - Sept 6, 2001 - Page 5

Lot 6, SW1/4SW1/4SE1/4NW1/4, NE1/4SW1/4,
W1/2NW1/4SE1/4 of Section 6, Township 31 North,
Range 33 East, Willamette Meridian, Ferry County,
Washington, containing 98.00 acres, more or less.
Also to negotiate the purchase of an undivided
329/1536 fee interest (her share being $13,455.08)
from Shelley Stine Covington, non tribal member, and
to convert said interest into trust status upon purchase.
Funds to be disbursed from Land Purchasing
Account.
2001-508.nat

To amend Resolution 2000-804, to include, Tommy
Joe (Flett) Robinette’s undivided 192/241920
appraised at $97,650.00, Tommy’s share being
$77.50, described as follows: An undivided
192/241920 interest in the NE1/4 of Section 36,
Township 30 North, Range 30 East, Willamette
Meridian, Okanogan County, Washington, containing
160.00 acres, more or less. Funds to be disbursed out
of Land Purchasing Account.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-509.nat
.m&b

The F&W Program be authorized to utilize monies
from the General Fund to pay for the Elbow Lake
Water Level Project. This is approved with the
understanding that when the grant monies are
received, the General Fund will be reimbursed for
these costs. This request is authorized due to the fact
that time is of the essence and the project needs to be
accomplished as soon as possible. The amount
authorized for expenditure is not exceed $12,990.00.
Authorize the Chairperson or designee to sign all
related documents.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-510.nat

To approve the attached sub-contract with Okanogan
Nation Alliance in the amount of $221,873.00, and
authorizes the Chairperson or her designee to sign
contract and any or all related documents. Funded by
Bonneville Power Administration, no tribal dollars.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-511.nat

To approve the attached new contract “Lake
Roosevelt Emergency Fish Restoration” in the amount
of $261,411.00 and authorize the Chairperson or her
designee to sign contract and any or all related
documents. Funded by Bonneville Power
Administration, no tribal dollars.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-512.cul

Approve attendance at Pow-Wows and other Social
Functions, should attend at a minimum, the following
functions: (list attached).

10 FOR (SC, MH, JJ, GJ, JL, DL, DRM, KR, JS,
RS) 0 AGAINST 1 ABSTAINED(CC). MOTION
CARRIED. JP-Chaired. LA-out of room.

2001-513.nat

To allow for emergency forwarding of the Saint
Mary’s Mission Fire Burned Area Rehabilitation Plan
as written and recommended by the CCT Burned
Area Rehabilitation Team (B.A.R.T.) With
concurrence of Colville Agency Superintendent, NRD
Director, and other affected programs to the
Northwest Area Office of the BIA for approval and
funding.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,
KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

2001-514.nat

To allow for emergency forwarding of the Virginia

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

Resolution Index - Sept 6, 2001 - Page 6

Lake Fire Complex Burned Area Rehab. Plan as
written and recommended by the CCT Burned Area
Rehab. Team (B.A.R.T) with concurrence of Colville
Agency Superintendent, NRD Director, and other
affected programs to the Northwest Area office of the
BIA for approval and funding.

KR, JS, RS) 0 AGAINST 0 ABSTAINED.
MOTION CARRIED.

Resolution Index - Sept 6, 2001 - Page 7

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A477c3db4c9c085d7. Public record. Not legal advice.