COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

October 2nd, 2014

Resolution Index

Condensed by, Trisha Jack, CBC Recording Secretary

Council Members Present:

Delegation/Absent:

Resolution No.

10-Signature

2014-619.hhs

10-Signature

2014-620.e&e

10-Signature

2014-621.nrc

Jim Boyd Sr., Stevey Bylilly, Allen Hammond, Michael Marchand, Edwin

Marchand, Andy Joseph Jr., Nancy Johnson, Ricky Gabriel, William Nicholson II,

Jack Ferguson and Joseph Somday

Marvin Kheel, Mel Tonasket and Richard Tonasket

Condensed Recommendation Information

To approve Contract Amendment #2 1469-93646 between

the State of Washington Department of Social and Health

Services (DSHS) and Colville Tribe to increase by

$90,184.00 for a new total maximum consideration of

$158,437.00.

To accept this contract for the Welding Training for 10

Colville Tribal participants; training will begin October 20,

2014 through to December 19, 2014, an 8 week course. The

Welding Training is contracted for $31,882.32, funded by

TERO training monies; TERO is not requesting tribal

funding. Chairman or designee authorized to sign all

pertinent documents.

To approve Dianna & Daniel Creveling application for

Right-of-Way (ROW) through four (4) tribal tracts, Colville

Tribe owns 100% ownership and two (2) allotments in which

the Colville Tribes owns an undivided 50% interest. The

ROW's are needed for tribal member Carey Picking to

purchase the Creveling's fee land (3 separate tracts) through

a FSA loan for agricultural purposes (see attached email).

The allotments/tribal tracts are described as follows:

Colville Business Council Vote Tally

10 FOR (AJ, MM, NJ, AH, SB, EM, JS, WN, JB,

MK)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

10 FOR (JF, WN, MT, RG, SB, NJ, EM, MM, JS,

RT)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

10 FOR (JS, JF, NJ, WN, JB, RT, MT, AJ, EM,

MK)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines – FSA loan approval

requirements deadline is September 30, 2014

101-T238 (CCT 100% ownership): The N1/2N1/2S1/2SE1/4

and the N1/2SE1/4 of Section 17, Township 31 North,

Range 31 East, Willamette Meridian, Okanogan County,

Washington, containing 100.00 acres, more or less.

101-T365 (CCT 100% ownership): The SE1/4 of Section 16,

Township 31 North, Range 31 East, Willamette Meridian,

Okanogan County, Washington, containing 160.00 acres,

more or less.

Special Session

October 2nd, 2014

Trisha Jack, CBC Recording Secretary

Page 1

101-T4170 (CCT 100% ownership): The N1/2N1/2NW1/4,

N1/2S1/2N1/2NW1/4, and the N1/2S1/2S1/2N1/2NW1/4, of

Section 15, Township 31 North , Range 31 East, Willamette

Meridian, Okanogan County, Washington, containing 70.00

acres, more or less.

101-T5044 (CCT 100% ownership): The

N1/2N1/2N1/2NE1/4, Section 10, Township 31 North,

Range 31 East, Willamette Meridian, Okanogan County,

Washington, containing 20.00 acres, more or less.

101-68-1 (CCT 50% ownership): The S1/2N1/2S1/2SE1/4,

and the S1/2S1/2SE1/4 of Section 17, Township 31 North,

Range 31 East, Willamette Meridian, Okanogan County,

Washington, containing 60.00 acres, more or less.

101-69 (CCT 50% ownership): The NE1/4 of Section 20,

Township 31 North, Range 31 East, Willamette Meridian,

Okanogan County, Washington, containing 160.00 acres,

more or less.

10-Signature

2014-622.hhs

The Creveling's will be required to submit a formal certified

survey/sketch showing width and length of each ROW on

tribal tracts 101-T4170 and 101-T5044 only as existing

unrecorded dirt roads are already in existence through 101T268 and 101-T365 allotments 101-68-1, 101-69 per the

attached map. Chairman or designee has authority to sign all

pertinent documents.

To support and recommend passage of the legislation in

Washington Legislature to authorize Federally-recognized

tribes, tribal organizations, and urban Indian health

organizations authorized under his Indian Health Care

Improvement Act to train and employ Dental Health Aide

Therapist to provide services in Tribal communities.

10 FOR (AJ, WN, JF, NJ, MK, JS, MM, EM, MT,

RG)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

Whereas, American Indians and Alaskan Natives (AI/AN)

have a very limited access to health care services and are

disproportionately affected by oral health disease and these

disparities are directly attributed to the lack of dental

professionals in Indian communities, which has caused a

serious access issue and backlog of dental treatment among

(AI/AN) people; and

Whereas, many Washington Tribes have great difficulty and

face a significant challenge in recruiting dental health

professionals to work in Indian communities that result in

further challenges in ensuring oral health care for tribal

members; and

Whereas, Washington State and its legislatures have a strong

history of government-to-government relationship with

Tribes and have historically supported efforts of Washington

Special Session

October 2nd, 2014

Trisha Jack, CBC Recording Secretary

Page 2

Tribes to address health issues among tribal members and to

reduce the disproportionate number of AI/AN people

affected by health disparities; and

Whereas, one of the goals in the "2010-2013 American

Indian Health Care Delivery Plan" developed jointly by

Washington Department of Health (DOH) and the American

Indian Health Commission of Washington State (AIHC) is to

improve the oral health of tribal members and the ability of

tribes to provide comprehensive dental services in their

communities, which a critical objective to achieving this

goal by "… Exploring options for the use of trained/certified

expanded function personnel in order to increase oral health

care services and tribal communities."

Whereas, two bills (HB2466 and SB6275) were introduced

in 2014 legislative session to authorize Dental Health Aide

Therapist to be allowed in Tribal health programs carrying

out services with the federal government under the Indian

Self-Determination and Education Assistance Act (P.L. 93638); and

Whereas, DHATs work under the general supervision of a

dentist, performing cleaning, fillings, and simple extractions

and present a tremendous opportunity for addressing the

unmet dental care needs in Washington's tribal communities

and there have been many research studies that demonstrate

safety and quality of care provided by DHATs; and

Whereas, HB2466 and SB6275 authorizes DHATs to work

only in Indian Health Service (IHS), Tribal and Urban Indian

(I/T/U) programs authorized under Indian Health Care

Improvement Act and not in the general population of

Washington State and would serve to greatly expand dental

care to the state's most needy children and families.

10-Signature

2014-623.hhs

Whereas, the National Congress of American Indians, the

Affiliated Tribes of Northwest Indians, and the Northwest

Portland Indian Health Board and many others Tribal

organizations have adopted and approved legislation creating

a licensing program for DHATSs to improve access to dental

services and the health of rural, tribal and unserved

populations.

To approve the attached letter to the Administrator Marilyn

Tavenner at Centers for Medicare and Medicaid (CMS)

outlining changes to the CMS Consultation Policy.

Whereas, the CMS sent a letter to Tribes requesting

comments on the CMS Consultation Policy that was adopted

on November 17, 2011; and

10 FOR (AJ, NJ, JS, WN, EM, MM, RG, MT,

MK, RT)

0 AGAINST

0 ABSTAINED

*Rationale: Cancellation of HHS Committee on

September 22 due to ATNI Conference and

Comments due by October 1, 2014

Whereas, comments are due no later than October 1, 2014,

Special Session

October 2nd, 2014

Trisha Jack, CBC Recording Secretary

Page 3

and the attached letter outlines various concerns the Tribe

has with the CMS Consultation Policy and the timing of

notifications to Tribes and ensuring tribal input is received

when CMS engages in Rule-Making or Guidance

Notifications; and

Whereas, ensuring that Tribal Consultation occurs with CMS

in a timely and consistent manner is especially important due

to changes under the Affordable Health Care Act and many

tribal members seeking out medical insurance coverage

beyond just Indian Health Service through Medicare,

Medicaid, Children's Health Insurance Program, or other

plans available in the Marketplace; and

10-Signature

2014-624.hhs

THEREFORE, BE IT RESOLVED, that we, the Colville

Business Council do hereby approve the attached letter to

CMS Administrator Marilyn Tavenner with Comments on

the CMS Consultation Policy. Chairman or designee to sign

all pertinent documents.

To approve the attached letter Indian Health Service Director

Yvette Roubideaux regarding IHS's request to reprogram

$48 Million to cover prior years Contract Support Cost

claims after Congressional Mandate to fully fund CSC.

WHEREAS, The United States Congress mandated that

Indian Health Service (IHS) fully fund Contract Support

Costs (CSC) Claims but Congress failed to appropriate

additional funds to IHS to cover those costs; and

10 FOR (AJ, NJ, JS, WN, EM, MM, RG, MT,

MK, RT)

0 AGAINST

0 ABSTAINED

*Rationale: Cancellation of HHS Committee on

September 22 due to ATNI Conference and

Comments due by October 1, 2014

WHEREAS, IHS has been working towards settling prior

years CSC claims with Tribes and Tribal Health

Organizations across the country, creating a need for

additional funding to cover those Claims; and

WHEREAS, in May of this year IHS Director Roubideaux

notified Tribes that IHS anticipated approximately $10

Million Shortfall in Fiscal Year 2014 to fully fund CSC

Claims; and

WHEREAS, earlier this month IHS Director Roubideaux

notified Tribes that IHS has made progress in settling prior

years CSC claims and notifying Tribes that IHS request from

Congress to reprogram a maximum of $48 Million from the

existing IHS budget to cover CSC Claims with resulting

reductions in the Services budget; and

WHEREAS, Direct Service Tribes will face cuts

disproportionately over tribes that have fully compacted or

contracted all other health services from IHS and that the

Colville Service Unit is Direct Service Tribe and will face

cuts to Services; and

Special Session

October 2nd, 2014

Trisha Jack, CBC Recording Secretary

Page 4

2014-625.m&b/tg

2014-626.m&b

THEREFORE, BE IT RESOLVED, that we, the Colville

Business Council, do hereby approve the attached letter to

IHS Director Yvette Roubideaux regarding IHS' request to

reprogram up to $48 Million to fully fund CSC Claims and

the Tribe's concerns with reprogramming. Chairman or

designee to sign all pertinent documents.

To approve the 2014 November Elder Quarterly Stipend,

from account PL75747012, in the amount of $293.00 to each

eligible tribal member age 55 and older of the Confederated

Tribes of the Colville Reservation. The Elder stipend will be

mailed on or before November 3, 2014. To be eligible for

the elder stipend, each member must be enrolled, age 55, and

living as of midnight October 20, 2014. The following shall

not apply to the 2014 November Elder Stipend: Debt Set-Off

Ordinance and Retro Active Payments. The following

departmental holds are approved departmental holds are

approved for deposit into the tribal members IIM account:

1.Social Services (Regular)

Court

Order/Voluntary consent for adults.

2.Convalescent Center

Court Order/Voluntary

consent for adults.

3.Enrollment

Deceased Elders.

To approve and authorize the Colville tribal staff to proceed

with the planned development and construction of the Tribal

Administration Building (the "Project").

Whereas, it is the recommendation of the Management &

Budget Committee to enter into a proposed financing of up

to $40,000,000.00 (the "Financing") to be arranged by Key

Bank National Association ("Key Bank") having the general

terms and conditions described in the attached Commitment

Letter. The proceeds of the loan will be used for (i) paying

construction costs; and (ii) providing leverage loans to

secure new market tax credits.

2014-627.hhs/m&b

Whereas, it is the recommendation of the Management &

Budget to authorize the Chairman to sign the attached

Commitment Letter, and authorize staff to negotiate the

necessary documents to close the proposed financing with

Key Bank having the general terms and conditions described

in the Commitment Letter, pursuant to which the Tribe will

make certain representations and warranties, and agree to

certain limited covenants, in connection with the financing,

including approving limited waivers of sovereign immunity,

consenting to arbitration, and entering into a non-impairment

agreement, provided that the final form of all loan

documents will remain subject to approval by the Colville

Business Council.

To approve the HRSA Outreach and Enrollment

Supplemental Funding grant proposal for $71,188.00 that

would expand the outreach and enrollment assistance

Special Session

October 2nd, 2014

Trisha Jack, CBC Recording Secretary

12 FOR (SB, AH, EM, MM, MT, RT, NJ, AJ, RG,

WN, JF, JS)

0 AGAINST

0 ABSTAINED

11 FOR (SB, AH, EM, MM, MT, RT, AJ, RG,

WN, JF, JS)

0 AGAINST

1 ABSTAINED (NJ)

12 FOR (SB, AH, EM, MM, MT, RT, NJ, AJ, RG,

WN, JF, JS)

0 AGAINST

Page 5

2014-628.hhs/m&b

activities and facilitate enrollment into affordable healthcare

insurance coverage to Lake Roosevelt Community Health

Center patients. No tribal dollars identified. Chairman or

designee to sign all pertinent documents.

To authorize the Tribes' legal counsel at Hobbs, Straus, Dean

& Walker, LLP, to take such steps as may be necessary to

finalize and implement a settlement of the Tribes' 2005

through 2012 contract support cost claims for a sum of

$1,400,000.00 plus interest, including execution of a

settlement agreement on behalf of the Tribes.

0 ABSTAINED

12 FOR (SB, AH, EM, MM, MT, RT, NJ, AJ, RG,

WN, JF, JS)

0 AGAINST

0 ABSTAINED

Whereas, the Colville Confederated Tribes (Tribes) are

federally recognized tribe that has negotiated a Contract and

Funding Agreements (FAs) with the Indian Health Service

(IHS) under Title I of the Indian Self-Determination and

Education Assistance Act (ISDEAA); and

Whereas, the ISDEAA, as well as the Tribes' agreements

with the IHS, provides that the IHS shall pay to the Tribes

contract support costs for the reasonable administrative and

overhead costs of carrying out the programs, functions,

services and activities that the Tribes have agreed to provide;

and

Whereas, the Tribes have filed Requests for Contracting

Officers Decisions, seeking to recover unpaid contract

support costs owed to the Tribes under its ISDEAA

agreements for fiscal years 2005 through 2012; and

2014-629.m&b/l&j

2014-630.m&b

2014-631.cdc

Whereas, it has been the desire of the Tribes to reach a fair,

amicable, and speedy settlement with the IHS to resolve its

fiscal year 2005 through 2012 claims, and to that end the

Tribes through legal counsel have engaged in settlement

negotiations with the IHS covering those claim years; and

Whereas, as a result of the Tribes' and the IHS's efforts, the

Parties have reached a negotiated settlement that the

Business Council has reviewed and believes is fair and

reasonable.

To approve the attached Memorandum of Agreement with

CTPD for the services of 2 Marshals, 1 Dispatch and half the

salary for the Deputy Public Safety Director positions. The

amount of this MOA is $238,093.00 for FY 2014. No tribal

dollars will be expended. Chairperson or designee to sign all

pertaining documents.

To appoint William E. Nicholson as director on the Colville

Tribal Credit Board of Directors for a two year period by the

Colville Business Council.

Whereas, the term of the representative from the

membership of the Tribe, as appointed by the Business

Council expires on September 06, 2014.

To approve through this resolution which states the Colville

Business Council's interest in forming a Council of

Governments; and appoints the Chairman of the CBC

Special Session

October 2nd, 2014

Trisha Jack, CBC Recording Secretary

12 FOR (SB, AH, EM, MM, MT, RT, NJ, AJ, RG,

WN, JF, JS)

0 AGAINST

0 ABSTAINED

11 FOR (SB, AH, EM, MM, MT, RT, NJ, AJ, RG,

JF, JS)

0 AGAINST

1 ABSTAINED (WN)

9 FOR (SB, EM, MM, MT, RT, NJ, WN, JF, JS)

0 AGAINST

Page 6

Community Development Committee (CDC) to serve as the

primary representative, and appoints the 1st Vice Chairman

of the CBC CDC to serve as alternate on the forming

committee for the purpose of creating Articles of

Association and Bylaws for consideration by the

Council/Board of the Confederated Tribes of the Colville

Reservation.

3 ABSTAINED (AH, AJ, RG)

WHEREAS, the Confederated Tribes of the Colville

Reservation, has an interest in transportation planning where

previously members of the North Central Regional

Transportation Planning Organization; and

WHEREAS, Okanogan County is no longer a member of the

North Central Regional Transportation Planning

Organization; and

WHEREAS, Okanogan County finds that it is in the interest

of the public and satisfies a requirement of the law to engage

in regional transportation planning with the cities, towns,

Colville Confederated Tribes, and other organizations with

an interest in transportation planning; and

WHEREAS, a meeting of Okanogan County, several cites,

and representative of the Washington State Department of

Transportation met on April 24, 2014 to discuss an

alternative to membership in the North Central Regional

Transportation Organization for the purpose of engaging in

regional transportation planning; and

WHEREAS, Revised Code of Washington 36.64 allows

counties and cities to form a Council of Governments to

study issues of mutual interest and formulate

recommendations for the member agencies; and

WHEREAS, those present at the April 24, 2014 meeting

were asked to query their respective commissions and

councils as to their interest in creating a forming committee

to create articles of association and bylaws for a council of

Governments for consideration by their respective

organizations.

CC:

File

Flodell Williams, Office Administrator (Broadcast)

Colville Business Council

Neeka Somday, Legal Assistant/Policy Analyst

Dorothy Burke, Office Administrator

Naomi Yazzie, Support Staff

Peggy Circle, Support Staff

Emby Stensgar, Support Staff

Carrie Pakootas, Support Staff

Francis Somday, Executive Director

Cary Rosenbaum, Tribal Tribune

Justus Caudell, Tribal Tribune

Karen Condon, Archives & Records

Anna Vargas, Office of the Reservation Attorney

Debra Wulff, Superintendent Bureau of Indian Affairs

Special Session

October 2nd, 2014

Trisha Jack, CBC Recording Secretary

Page 7