# COLVILLE CONFEDERATED TRIBES (2017)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A65ada4e876460422

## Record

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

## Text

COLVILLE CONFEDERATED TRIBES
COLVILLE BUSINESS COUNCIL
Special Session
December 7th, 2017
Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Dr. Michael Marchand, Edwin Marchand, Sheilah Cleveland, Jack Ferguson, Georgia
Simpson, Susie Allen, Larry Allen, Andy Joseph Jr., Melissa Louis-Williams, Joseph
Somday, Joel Boyd, Norma Sanchez

Delegation:

Willie Womer, Rodney Cawston

Resolution No.

2017-665.nrc
10-Signature

2017-666.hhs
10-Signature

2017-667.e&e
10-Signature

2017-668.nrc
10-Signature

Condensed Recommendation Information

Colville Business Council
Vote Tally

To approve new sub contract for 3206-CCT 2012-CCT 2013
University of Washington Climate Impact in the amount of
$92,901.26 and the dates are from signed document to March
31, 2018 and authorize the Chairman or his/her designee to
sign all pertinent documents. Attached is sub contract and
SOW. No Tribal dollars associated.

10 (FOR) RC, NS, JF, GS, EM,
SC, JS, WW, SA, LA)

To approve the All Heart Staffing contract in the amount of
$90,000.00 to provide Certified Nursing Assistant (CNA)
staffing levels to care for the Colville Tribal Convalescent
Center (CTCC) resident in accordance with all State and
Federal regulations and guidelines. Chair or designee
authorized to sign all pertinent documents.
To approve the Five Year Non-Competitive FY 2018 (CY,
Jan 1-Dec 31) Continuation Grant Application and Budget for
$1,583,826.00 ($1,267,020.00 Federal Funds and $316,816.00
required non-federal cash match). The five year grant cycle is
FY2015, FY2016, FY2017, FY2018, and FY2019. No
additional Tribal Dollars required. Tribal Chairman or
designee to sign all pertinent documents.
To approve the 2017 Colville Ps'quosa Coho Icicle Creek
Fishing Regulations and authorize the Chairman or his/her
designee to sign all pertinent documents.

0 AGAINST
0 ABSTAINED
Rationale: Timelines
10 FOR (EM, JF, GS, NS, JS,
SC, LA, SA, RC, WW)
0 AGAINST
0 ABSTAINED
Rationale: Timelines
10 FOR (JS, RC, WW, SA, JF,
GS, SC, LA, JB, MLW)
0 AGAINST
0 ABSTAINED
Rationale: Timelines
10 FOR (RC, WW, AJ, MLW,
JS, MM, JF, SC, GS, NS)
0 AGAINST
0 ABSTAINED

2017-669cul.tg

To rescind Resolution 2017-365. Furthermore, to initiate a

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

Rationale: Timelines, need to
open Fishery ASAP, Coho
have arrived.
10 FOR (NS, JF, JS, MLW, AJ,

Page 1 of 15

10-Signature

Tribal Referendum to vote on whether or not the name of the
Confederated Tribes of the Colville Reservation be changed.

WW, LA, SA, RC, SC)
0 AGAINST
0 ABSTAINED

2017-670.nrc
10-Signature

2017-671.nrc
10-Signature

2017-672.nrc
10-Signature

2017-673.nrc
10-Signature

2017-674.l&j
10-Signature

2017-675.l&j
10-Signature

To approve change order #1 for 317517 Cardno C17-208
adding an additional $100,890 bringing the total amount to
$156,974 and the end date remains the same, and authorizes
the Chairman or his/her designee to sign all pertinent
documents. Attached is the Change Order #1. No Tribal
dollars associated.
To approve the requisition for Magic Valley Heli-Arc in the
amount of $97,419.03 and the fund numbers are 312016 and
authorize the Chairman or his/her designee to sign all
pertinent documents. Attached is the requisition. No Tribal
dollars associated.

To approve the new full award for 336017 Pacific States
Marine Fisheries Commission in the amount of $87,960 and
the dates are from October 1, 2017 to September 30, 2018 and
authorize the Chairman or designee to sign all pertinent
documents. Attached is the new full award. No Tribal dollars
associated.
To approve the Fish & Wildlife 2017 Administration
organizational chart revision. This chart was developed by
Fish & Wildlife Staff to reflect current as well as future
staffing needs for the department and authorizes the Chairman
or his/her designee authorized to sign all pertinent documents.
Attached is organization chart.
To appoint Stephanie Pete Palmer to the Colville Tribes
Mixed Martial Arts Commission under Tribal Code Law 616. The two year term of this appointment will expire on the
third Monday in January 2018.

To appoint Tina Drywater to the Colville Tribes Mixed
Martial Arts Commission under Tribal Code Law 6-16. The
two year term of this appointment will expire on the third
Monday in January 2019.

Rationale: Timelines
10 FOR (RC, WW, AJ, MLW,
JS, MM, JF, NS, SC, SA)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.
10 FOR (RC, WW, AJ, MLW,
JS, MM, JF, NS, SC, SA)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.
10 FOR (RC, WW, AJ, MLW,
JS, MM, JF, NS, SC, SA)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.
10 FOR (WW, AJ, JS, JF, RC,
MM, NS, MLW, SC, SA)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.
10 FOR (WW, LA, AJ, SA, NS,
MLW, MM, SC, RC, GS)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.
10 FOR (WW, LA, AJ, SA, NS,
JS, MLW, MM, SC, RC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

Page 2 of 15

2017-676.l&j
10-Signature

2017-677.m&b
10-Signature

2017-678.m&b
10-Signature

2017-679.m&b
10-Signature

To appoint Val Drywater to the Colville Tribes Mixed Martial
Arts Commission under Tribal Code Law 6-16. The two year
term of this appointment will expire on the third Monday in
January 2020.

To approve Business Communication Lease with New
Cingular Wireless d/b/a AT&T Wireless. To lease
Confederated Tribes of the Colville Reservation Tribal Tract
#101-T3648(por) to Co-Locate at Johnny George Lookout
consisting of .50 acres. Portion in Tribal Tract No. 101T3648(por), which is located within the Johnny George
Lookout site, located at Section 33, Township 30 North,
Range 32 East, Willamette Meridian, Ferry County,
Washington, containing 0.50 acres. Lease amount has been
negotiated at $1,000.00 per month and to increase 3% upon
annual date New Cingular Wireless to pay past due
compensation of $25,000.00 for this site. Term of lease is
twenty-five (25) years commencing upon full signature
approval as effective date. Chair or designee approved to sign
all pertinent documents.
To approve Business Communication Lease with New
Cingular Wireless d/b/a AT&T Wireless. To lease
Confederated Tribes of the Colville Reservation Tribal Tract
#101-TR33(por) Keller Butte consisting of .50 acres. Portion
in Tribal Tract No. 101-TR33, which is located within the
Keller Butte Lookout site, located at the top of Keller Butte,
within the of Section 33, Township 30 North, Range 32 east,
Willamette Meridian, Ferry County, Washington, containing
0.50 acres. Lease amount has been negotiated at $1,000.00
per month and to increase 3% upon annual date New
Cingular Wireless to pay past due compensation of
$25,000.00 for this site. Lease Agreement includes revised
sketches correcting labels on tower; revised corrected
inventory, and letter from AT&T Director of C&E West
Pacific Northwest Market committing AT&T to perform a
new survey of Keller Butte to correct survey conducted in
August at the site. Term of lease is twenty-five (25) years
commencing upon full signature approval as effective date.
Chair or designee approved to sign all pertinent documents.
To approve Business Communication Lease with New
Cingular Wireless d/b/a AT&T Wireless. To lease
Confederated Tribes of the Colville Reservation Tribal Tract
#101-T4179(por) Nespelem Water Tank consisting of .23
acres. Portion in Tribal Tract No. 101-T4179(por), which is
located within the Nespelem Water Tank site, located at
Section 35, Township 31, Range 30, Willamette Meridian,

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

10 FOR (WW, LA, AJ, SA, NS,
JS, MLW, MM, SC, RC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.
11 FOR (JF, SA, LA, WW, AJ,
MLW, JS, NS, MM, SC, RC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.

11 FOR (JF, SA, LA, WW, AJ,
MLW, JS, NS, MM, SC, RC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.

11 FOR (JF, SA, LA, WW, AJ,
MLW, JS, MM, NS, SC, RC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.

Page 3 of 15

2017-680.m&b
10-Signature

2017-681.m&b
10-Signature

2017-682.l&j.m&b
10-Signature

2017-683.tg
10-Signature

2017-684.cdc
10-Signature

Okanogan County, Washington, containing 0.23 acres. Lease
amount has been negotiated at $1,500.00 per month and to
increase 3% upon annual date New Cingular Wireless to pay
past due compensation of $25,000.00 for this site. Terms of
lease is twenty-five (25) years commencing upon full
signature approval as effective date. Chair or designee
approved to sign all pertinent documents.
To approve the attached contract change order for Tunk
Forest Roads Culvert Project. Changes include reconstruction
and partial surfacing of 1.5 miles of Mill Creek road, and
increasing contract price by $20,966.42. Total contract price
with modification is $96,980.59. Chair or designee to sign all
pertinent documents.
To approve Business Communication Lease with New
Cingular Wireless d/b/a AT&T Wireless. To lease
Confederated Tribes of the Colville Reservation Tribal Tract
#101-TR2(por) Omak Mountain consisting of .50 acres.
Portion in Tribal Tract No. 101-TR2(por), which is located
within the Omak Mountain Lookout site, located at the top of
Omak Mountain, within the SW ¼ NE ¼ of Section 16,
Township 34 North, Range 28 East, Willamette Meridian,
Okanogan County, Washington, containing 0.50 acres. Lease
amount has been negotiated at $1,250.00 per month and to
increase 3% upon annual date New Cingular Wireless to pay
past due compensation of $25,000.00 for this site. Terms of
lease is twenty-five (25) years commencing upon full
signature approval as effective date. Chair or designee
approved to sign all pertinent documents.
To approve FY 2018 Contract for Pat Costello as
Administrative Law Judge for the Colville Tribes. Funds are
included in the Outside Litigation/ORA FY 2018 Budget.
Chair or designee to sign all pertinent documents.

To approve the Enrollment Department to include each
Adoption enrollment case pending since October 12, 2017.
Each case shall be eligible for the 2017 December Per Capita
provided they have met the eligibility requirements outlined
in resolution 2017-532, with the exception of the enrollment
date of October 26, 2017.
To authorize and approve Change Order two (2), in the
amount of $13,683.33 for contract C17-133 to St. Clair
Construction Inc. Resolution number 2017-133 authorized the
Buttercup Improvement project from various 638 carryover
funding, and the additional funding of $6,547.85 will come

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

10 FOR (JF, SA, LA, WW,
MLW, JS, NS, MM, SC, RC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.
11 FOR (JF, SA, LA, WW, AJ,
MLW, JS, NS, MM, SC, RC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.

11 FOR (JF, SA, LA, WW, AJ,
MLW, JS, NS, MM, SC, RC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.
10 FOR (NS, JS, MLW, WW,
LA, SA, AJ, MM, RC, SC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.
10 FOR (MLW, MM, SC, RC,
AJ, SA, WW, GS, LA, JS)
0 AGAINST
0 ABSTAINED

Page 4 of 15

2017-685.cdc
10-Signature

2017-686.e&e.hhs
10-Signature

2017-687.hhs

2017-688.m&b

2017-689.m&b

2017-690.m&b

2017-691.m&b.hhs

from the G2G account 1104015. This request includes a 30day extension to provide payment of final invoice. Contract
C17-133 terminates on 11/16/17 and the extension will bring
end date to December 15, 2017. Chairman or designee to sign
all pertinent documents.
To authorize and approve Change Order one (1), in the
amount of $2,622.72 for contract C17-345 to Moyer
Construction, Inc. Resolution number 2017-511 authorized
Crack Seal and Chip Seal 638 contract. This change order
brings the contract total to $1,063,123.06. Chairman or
designee to sign all pertinent documents.
To authorize the expenditure of $14,000 out of Account
#19306 (Health & Wellness QQ funds) for the purchase of
280 Christmas Food Baskets. Chairman or Designee is
authorized to sign all pertinent documents.

To approve to sign the 2017 Behavioral Health Tribal
Attestation renewal. The duration of the attestation is 3 years
from signature date. Chairman or designee to sign all
pertinent documents.
To return the remaining fifty (50) Class III player terminals to
the Spokane Tribe of Indian, pursuant to the August 31, 2017
'Notice of Callback' letter from the Spokane Tribe of Indians,
notifying the Colville Tribes that the Uniform Terminal
Allocation Transfer Agreement will be terminated December
1, 2017, with Chairman or designee to sign all pertinent
documents.
To approve the purchase of a 2.78% interest in Tribal
Allotment 101-779, which is 137.5 acres, from tribal account
#550. Total purchase price will be $2,100.69.
Chairperson or designee has the authority to sign all pertinent
documents.
To approve the purchase of the following interests: 1%
interest in 101-350, 7% interest in 101-351, and 53% in 101351. Total purchase price will be $13,191.49 to come from
Tribal account 550.
Chairperson or designee has the authority 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’ 2013
contract support cost claims for a sum of $404,694 plus
interest, including execution of a settlement agreement on
behalf of the Tribes;
WHEREAS, the Colville Confederated Tribes (Tribes) are a

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

Rationale: Timelines, Special
Session 11/16 cancelled.

11 FOR (MLW, MM, SC, RC,
JF, AJ, SA, WW, GS, LA, JS)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session 11/16 cancelled.
10 FOR (MLW, AJ, LA, SA,
SC, JB, NS, RC, GS, WW)
0 AGAINST
0 ABSTAINED
Rationale: Timelines
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

Page 5 of 15

2017-692.m&b.hhs

2017-693.m&b

2017-694.m&b.l&j

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, as reflected in the IHS’s own annual reports to
Congress, for many years the IHS has failed to pay the full
amount of contract support costs owed to the Tribes, despite
two Supreme Court decisions affirming the right of tribal
contractors like the Tribes to full payment; and
WHEREAS, the Tribes have filed Requests for Contracting
Officer’s Decisions, seeking to recover unpaid contract
support costs owed to the Tribes under its ISDEAA
agreements for fiscal year 2013; and
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 2013 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;
Chair or designee authorized to sign all relevant documents.
To submit the attached letter commenting on proposed
amendments to regulations of the Washington State Health
Care Authority. Chair or designee to sign all pertinent
documents.
To Contract to provide quality assurance inspections and
verification of Liteaccess fiber optic cable. Consultant will
ensure CCT has fully complied with all aspects of the
WSDOT and municipal county franchise agreements for
projects within contracted scope of work. Contract amount:
$10,000/mo., not to exceed $110,000.00. Contract dates will
be from January 1, 2018 through November 30, 2018 or one
month following project completion, whichever occurs first.
This contracted consultant will ensure that projects from
Nespelem District to Omak District and Keller District and
Inchelium District are completed successfully. Chairman or
designee to sign all pertinent documents.
To approve the contract change order number one to the Claw
Construction Contract; EMS Nespelem Apparatus Bay

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)

Page 6 of 15

2017-695.m&b

2017-696.tg

2017-697.tg

2017-698.tg

2017-699.tg

2017-700.e&e

2017-701.ele

building. As there are required improvements by the project
inspector, to address the vehicles weight and storage. This
contract change order will add $48,145.00 dollars to the
authorized amount of $158,400.00 for a new total of
$206,545.00 in which not to exceed. This change order will
also add 20 days, extending the contract end date to January
31, 2017. The Chairman or his/her designee shall sign all
pertinent documents.
To approve Realty PL638 Contract Colville Indian Agency
BIA Realty Contract #A13AV0599 budget modification in
the amount of $679,551.70 for FY 2016/2017 due to
additional government funding awarded to the Realty PL638
Contract. Chairman or designee has authority to sign all
pertinent documents.
To adopt David Campos, as applicant meets requirements of
Section 8-1-160 of Enrollment Ordinance and Constitution of
the Confederated Tribes of the Colville Reservation.
To adopt Islee Rose Bennett, as applicant meets requirements
of Section 8-1-160 of Enrollment Ordinance and Constitution
of the Confederated Tribes of the Colville Reservation.
To adopt Elisabeth Lynn Meyer, as applicant meets
requirements of Section 8-1-160 of Enrollment Ordinance and
Constitution of the Confederated Tribes of the Colville
Reservation.

To adopt Esperanza Jaslyn Del Los Santos, as applicant meets
requirements of Section 8-1-160 of Enrollment Ordinance and
Constitution of the Confederated Tribes of the Colville
Reservation.

To approve the Memorandum of Agreement between CCT
TANF and CCT Head Start for the purpose of assisting staff
in becoming compliant with the Head Start Act, working in
partnership to maximize the program resources, avoid
duplication of services and to offer meaningful services to
eligible participants for each program. TANF dollars
identified is $75,365.00. No additional Tribal Dollars
Required. Tribal Chairman or designee to sign all pertinent
documents.
To approve the proposed Schedule of Events for the
referendum name change.

0 AGAINST
0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
8 FOR (SC, JF, GS, AJ, MLW,
JS, EM, NS)
0 AGAINST
2 ABSTAINED (SA, LA)
*Out of the Room (JB)
10 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, NS)
0 AGAINST
0 ABSTAINED
*Out of the Room (JB)
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

Page 7 of 15

2017-702.ele

To approve the proposed verbiage for the referendum name
change ballot (ballot attached). Will only be absentee ballot.

0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST

2017-703.nrc

2017-704.nrc

2017-705.nrc

2017-706.nrc

2017-707.nrc

To approve budget modification #1 for 7703 Columbia River
Water Management Plan adding $706,167 bringing the total
contract value to $1,206,167 and the dates remain the same,
and authorizes the Chairman or designee to sign all pertinent
documents. Attached is budget mod #1. No tribal dollars
associated.
To amend resolution 2017-315 to allow, Jordan Pakootas
Colville Tribal Member, to include lease with option to
purchase for 101-T5459. Purchase price at appraised value
with rental monies applied to sale. The property is located at
315 Edmonds Street, Omak, WA 98841. Payment of closing
costs to be negotiated with the seller. Lessee is in good
standing. Property 101-T5459 is 100% Tribal ownership, all
revenue to the tribe.
TERM: 1 year upon approval with option to purchase
COMPENSATION: $200.00 per month
All terms and conditions remain the same.
Chairman or designee has authority to sign all pertinent
documents.
To Amend resolution 2016-585 to extend term for an
additional year for Shirley Apodaca, Tribal Member,
Homesite Lease for Tribal Tract 151-T1003(por) . Intent is to
allow time for the appraisal and to allow Ms. Apodaca time to
secure a loan to purchase property. Property is 100% Tribal
ownership.
TERM: 11/1/2017-10/31/2018 (ONE YEAR)
COMPENSATION: $250.00 PER ANNUM
All terms and conditions remain the same
Chairman or designee has authority to sign all pertinent
documents
To amend resolution 2016-541 to extend lease for an
additional year for Trudi Tonasket, Colville Tribal Member,
for Tribal Tracts 101-T4299 (por) & 101-T5189 (por).
Properties are 100% Tribal ownership, all revenue to the tribe.
Intent is to allow time for appraisal and survey to be complete
for a land exchange.
TERM: 10/1/2017 - 9/30/2018 (ONE YEAR)
COMPENSATION: $250.00 PER YEAR
All terms and conditions remain the same.
Chairman or designee has authority to sign all pertinent
documents.
To approve a Homesite Lease to Leonard Condon, Tribal

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
10 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB)
0 AGAINST
1 ABSTAINED (NS)

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

10 FOR (SC, JF, GS, SA, LA,

Page 8 of 15

2017-708.nrc

2017-709.nrc

Elder. Located in a portion of Tribal Tract 101-T716(por)
describes as: 101-T716 (por) N½N½NW¼NE¼NW¼ of
Section 2, Township 31 North, Range 28 East, Willamette
Meridian, Okanogan County, Washington, containing 2.00
acres, more or less. 100% Tribal Ownership, all revenue to
the Tribe. TERM: 25 years upon approval
COMPENSATION:
$250.00 per annum, subject to Fair
Market Value BOND: WAIVED. 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
To approve and accept Richard Picard, Tribal Member, lease
application for a Home Site Lease for Colville Tribal Tract
101-T11-A(por) described as:
101-T11-A (por): The S-½ NW-¼ NE-¼ NE-¼ of section 35,
Township 31 North, Range 30 East, Willamette Meridian,
Okanogan County, Washington, containing 5 acres, more or
less. Property 100% Tribal Ownership.
TERM: 99 years from date of approval
Compensation: $250.00 per annum, subject to Fair Market
Rental Value Bond: $waived. 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
To give permission to survey to Mr. Roger L Reimann, who
resides at 27 Pinewood Lane, Inchelium WA, (Parcel:
63301310003000), requests temporary ingress/egress to
survey a portion of 101-T1572, in which Pine wood Lane an
existing road prism goes through. The survey will determine
access to home site, to go over and across 101-T1572
described as:
101-T1572: the West 330 feet of tract a of lot 5 (se ne), tract a
of the SW-¼ NE-¼, and the E-½ SE-½ NW ¼ of section 1,
Township 33 North, Range 36 East, Willamette Meridian,
Ferry County, Washington, excepting 1.90 acres, more or
less, in tract a of the SW-½ NE-¼ acquired by the bureau of
reclamation for road by designation approved November 18,
1940, pursuant to the act of June 29, 1940(54 stat. 703),
containing 62.80 acres, more or less, after the above
exception. total tract acres: 62.800
Purpose:
Roger Reimann (Parcel: 63301310003000)
Permission to Survey
Terms: November 10th, 2017 to January 18th, 2018
Compensation: $waived due Phase One the Survey/then
Appraisal process/back NRC for consent
Administrative Fee: $waived due Phase One the
Survey/then Appraisal process/back NRC for consent.
Informational Data: MAP’s attached showing desired access

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

AJ, JS, EM, JB, NS)
0 AGAINST
1 ABSTAINED (MLW)

10 FOR (JF, GS, SA, LA, AJ,
MLW, JS, EM, JB, NS)
0 AGAINST
1 ABSTAINED (SC)

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

Page 9 of 15

2017-710.nrc

2017-711.nrc

2017-712.nrc

2017-713.nrc

2017-714.nrc

2017-715.nrc

area. Chairman or designee has authority to sign all pertinent
documents
To amend Resolution No. 2013-943, this is to correct the
legal description.
Legal Description, 101-T233-A (por): A portion south of
Highway 155, the W1/2NW1/4SE1/4NW1/4 of Section 18,
Township 33 North, Range 29 East, Willamette Meridian,
Okanogan County, Washington, containing 5.0 acres, more or
less. All terms and conditions will remain the same.
Chairman or designee has authority to sign all pertinent
documents.
To approve the offer to consolidate within the Joseph Orr
Allotment No. 101-4211. Caroline L. Orr own an undivided
1/3 interest also; she has offered to purchase the Colville
Confederated Tribes undivided 1/3 interests valued at
$2,833.33. Legal description described as:
101-4211: That part of the N-½ NE-¼ and the N-½ - ½ S-½
NE-¼ of section 20, township 34 north, range 27 East,
Willamette Meridian, Okanogan County, Washington;
containing 6.03 acres more or less(metes and Bound).
Chairman or designee has authority to sign all pertinent
documents.
To amend Resolution 2015-455 to include amendments 3 and
4 of the four-year Performance Partnership Grant (PPG)
agreement with US Environmental Protection agency,
providing additional funding of $1,046,520.00 for FY2018 &
FY2019 Wetland Program Development, Air Quality, NonPoint Source Pollution Control, IGAP, and Water Quality
Protection Programs administered by Environmental Trust.
Total award of $2,474,680.61. Match is in-kind. No Tribal
dollars. Chairman authorized to sign all related documents.
To approve 312217 Amerigas Propane & Equipment Lease
Agreement and authorize the Chairman or his/her designee to
sign all pertinent documents. Attached is Lease Agreement.
No Tribal dollars associated.
To approve change order #2 317017 USFWS Bozeman Fish
Tech Center C16-429 adding an additional $642 bringing
total contract value to $87,592 and authorize the Chairman or
his/her designee to sign all pertinent documents. Attached is
CO#2 and SOW. No Tribal dollars associated.
To approve the opportunity for co-owners to consolidate
interests in allotments that were acquired by the Tribe during
the Cobell Buy Back. This does not waive that land sale
moratorium state din resolution 2006-426. Co-owners must
be listed on the title status report to be eligible for this option.
THEREFORE, BE IT RESOLVED that the Chairman or his
Designee is authorized to sign any related documents.

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

10 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, JB, NS)
0 AGAINST
0 ABSTAINED
*Out of the Room (EM)

10 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, JB, NS)
0 AGAINST
0 ABSTAINED
*Out of the Room (EM)

10 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, JB, NS)
0 AGAINST
0 ABSTAINED
*Out of the Room (EM)

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

Page 10 of 15

2017-716.nrc

To amend legal description and TERMS for Pasture Lease for
Tribal Tracts 101-T4249 (por), 101-T4249-A (por), 101T4260 (por), 101-T4260-A (por), 101-T4180 (por), 101T4180-A (por), 101-T3146 described as:
101-T3146
The SE1/4SE1/4 of Section 22 and the NE1/4NE1/4 of
Section 27, all within Township 32 North, Range 27 East,
Willamette Meridian, Okanogan County, Washington,
containing 80.00 acres, more or less.
101-T4260-A (por)
That portion on the west side of the Columbia River Road
within the NE1/4SE1/4 of Section 26, Township 32 North,
Range 27 East, Willamette Meridian, Okanogan County,
Washington, containing 70.00 acres, more or less.
101-T4260
The W1/2SE1/4, SW1/4NE1/4, SW1/4, and the SE1/4NW1/4
of Section 26, Township 32 North, Range 27 East, Willamette
Meridian, Okanogan County, Washington, containing 320.00
acres, more or less.
101-T4249-A (por)
That portion west of the Columbia River Road within the
N1/2SE1/4 and he W1/2W1/2of Section 23, all within
Township 32 North, Range 27 East, Willamette Meridian,
Okanogan County, Washington, containing 275.00 acres,
more or less.
101-T4249 (por)
That portion west of the Columbia River Road within the
SW1/4NW1/4, N1/2NW1/4, NE1/4NW1/4 of Section 26, The
SW1/4SE1/4 of Section 23, all within Township 32 North,
Range 27 East, Willamette Meridian, Okanogan County,
Washington, containing 225.00 acres, more or less.
101-T4180 (por)
That portion west of the Columbia River Road within the
N1/2NE1/4 of Section 22, the S1/2SE1/4, NW1/4SE1/4 of
Section 15, The SW1/4SW1/4 of Section 14, and the
W1/2NW1/4NW1/4 of Section 23, all within Township 32
North, Range 27 East, Willamette Meridian, Okanogan
County, Washington, containing 220.00 acres, more or less.
101-T4180-A (por)
That portion west of the Columbia River Road within the
NW1/4, N1/2SW1/4, W1/2NE1/4 of Section 15,
SW1/4SW1/4 of Section 10, all within Township 32 North,
Range 27 East, Willamette Meridian, Okanogan County,
Washington, containing 318.00 acres, more or less.
TOTAL ACRES FOR BOTH TRIBAL TRACTS IS:
1,500.00 Acres, More or Less.
TERM: 5 years from date of approval: Lease to be reviewed
by the Realty Department to determine applicable

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

Page 11 of 15

2017-717.nrc

2017-718.nrc

2017-719.nrc

2017-720.nrc

2017-721.nrc

modifications as needed during the lease term.
Compensation:$3,500.00 per annum, subject to Fair Market
Value
BOND: $3,500.00 (Equivalent to one year rent)
Lease Fee:$105.00 (one-time fee)
Lease subject to conditions cited in IRMP Coordinator’s
review
Chairman or designee has authority to sign all pertinent
documents
To amend resolution 2016-632 to extend lease for an
additional year for Fauna Ferguson, Colville Tribal Member,
for Tribal Tracts 101-T5780. Property is 100% Tribal
ownership, all revenue to the tribe. Intent is to allow time for
appraisal and repairs associated with securing a loan to
purchase property.
TERM: 11/1/2017 - 10/31/2018 (ONE YEAR)
COMPENSATION:
$250.00 PER YEAR
All terms and conditions remain the same
Chairman or designee has authority to sign all pertinent
documents
To Rescind Resolution 2011-879 in its entirety per Lessee's
(Vicki James) request. Morning Star Ministry, on a portion of
Colville Tribal Tract No. 101-T4097.
Chairman or designee has authority to sign all pertinent
documents.
To Rescind Resolution 2016-591 in its entirety due to Mr.
Desautel no completing mandatory paperwork in the time
frame given. Nathan Desautel, Homesite Lease 16-062, on a
portion of Colville Tribal Tract No. 101-T74-A.
Chairman or designee has authority to sign all pertinent
documents.
To amend resolution 2016-631 for Alanna Picard's home site
lease on 101-T109-A. To amend term for an additional year
for appraisal purposes and so Ms. Picard can secure a loan.
TERM: ONE YEAR, 11/1/2017 - 10/31/2018
COMPENSATION: $250.00 per year, subject to Fair Market
Value. All terms and conditions remain the same
Chairman or designee has authority to sign all pertinent
documents
To amend resolution 2013-103 to extend term for an
additional two years for Gertrude Laramie's home site lease
for Tribal Tract 101-T4018(por) . Intent is to allow time for
the appraisal and timber cruise to establish fair market value.
TERM: ONE YEAR: 01/01/2018- 12/31/2018
COMPENSATION:
$250.00 PER ANNUM
All terms and conditions remain the same
Chairman or designee has authority to sign all pertinent
documents

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

8 FOR (SA, LA, AJ, MLW, JS,
EM, JB, NS)
2 AGAINST (SC, GS)
1 ABSTAINED (JF)

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

Page 12 of 15

2017-722.nrc

2017-723.nrc

2017-724.nrc

2017-725.nrc

2017-726.nrc

2017-727.nrc

2017-728.nrc

To approve the 2017-2018 Wild Horse Management Special
Rules authorizing the Range Department to pay a reward in
the amount of $150 per mare or gelding and $250 per stud at
least one year old to those individuals who fully comply with
the rules for wild horse capture in range units 5, 25, 26, 30,
42, 17, 18, 22, and 40. Mares with a foal are counted as a
single horse. Money allocated to be paid is limited to $50,000
and will be paid on a first come first serve basis until
expended. Chair or designee is authorized to sign all
pertinent documents.
To approve the 2017-2018 Wild Horse Chase & Capture
season to be defined as December 1st through March 1st and
June 1st through November 30th, and allow permit holders to
capture an unlimited number of horses in a manner specified
by the rules. Chair or designee is authorized to sign all
pertinent documents.
To approve the following rate schedule to be charged to those
who hold grazing permits issued by the Bureau of Indian
Affairs for designated range units located on the Colville
Indian Reservation. Rates shall be $1.20 per animal unit
month for Tribal members grazing Tribal trust tracts, $10.00
per animal unit month for Tribal members grazing allotted
tracts, $12.50 per animal unit month for non-members grazing
Tribal trust and/or allotted tracts. Chair or designee is
authorized to sign all pertinent documents.
To approve budget modification #2 for 312316 Chief Joseph
Hatchery Education & Employment adding an additional
$19,864 bringing the total contract value to $88,004 and
extending the date to June 30, 2018 and authorize the
Chairman or designee to sign all pertinent documents.
Attached is budget mod #2. No Tribal dollars associated.
To approve the Pre-Award for 311918 Colville Hatchery
M&E in the amount of $64,247 and the dates are from
December 1, 2017 to December 31, 2017 and authorize the
Chairman or his/her designee to sign all pertinent documents.
Attached is the Pre-Award Letter. No Tribal dollars
associated.
To approve Change Order #1 for 3132 Skone Irrigation Inc.
C17-334 adding an additional $6,596.10 bringing total
contract value to $135,514.86 and extending the date to April
30, 2018 and the Chairman or his/her designee is authorized
to sign all pertinent documents. Attached is the CO #1. No
Tribal dollars associated.
To approve the new sub contract for 312017-312018 Pacific
Aquaculture in the amount of $213,450 and the dates are from
the signed document to November 30, 2019 and authorize the
Chairman or his/her designee to sign all pertinent documents.
Attached is new sub contract & SOW. No Tribal dollars

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

10 FOR (SC, GS, SA, LA, AJ,
MLW, JS, EM, JB, NS)
1 AGAINST (JF)
0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
7 FOR (SC, SA, LA, AJ,EM,
JB, NS)
4 AGAINST (JF, GS, MLW,
JS)
0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

Page 13 of 15

2017-729.nrc

2017-730.nrc

2017-731.nrc

associated.
To approve change order #5 for 312217 Irrigation
Technology & Control C15-312 adding an additional $58,800
bringing the total contract value to $204,350 and the date
remains the same, and authorize the Chairman or his/her
designee to sign all pertinent documents. Attached is Change
Order #5. No Tribal dollars associated.
To support the request for $96,000.00 from BIA for invasive
species control on the Colville Reservation. Funds will
support ongoing control efforts for invasive/noxious weeds on
rangeland, pastures, within natural areas and use of biological
controls. Chair or designee is authorized to sign all pertinent
documents.
To approve Brenda Condon, Colville Tribal Member, to
purchase a portion of 101-T567 per Resolution 2015-436,
2016-356, and 2015-652 at the appraised value, of
$40,000.00, with $28,716.81 renovation deducted from
purchase price with a total purchase price is $11,283.19, The
property is described as: Those portions of Government Lot
Nine (9) and the northwest quarter of the southwest quarter of
the northwest quarter (NW1/4 SW1/4 NW1/4) of Section
Two (2) and Government Lot One (1) and the southeast
quarter of the northeast quarter (SE1/4 NE1/4) of Section
Three (3), Township Thirty-one (31) North, Range Twentyeight (28) East, W.M., described as follows: Beginning at a
point on the west line Section 2, the northwest corner of
which bears N.0°32'17"W, a distance of 1085,39 feet; thence
N.82°50'00"E, a distance of 219.14 feet; thence N.7°10'00"W,
a distance of 130.00 feet; thence N.82°50'00"E, a distance of
45.00 feet; thence S.7°10'00"E, a distance of 123.01 feet;
thence N.74°00'00"E, a distance of 204.46 feet; thence
S.89°30'17"E, a distance of 100.00 feet; thence S.0°38'33"E, a
distance of 314.79 feet; thence S.89°50'07"E, a distance of
104.44 feet to a point on the allotment line; thence S 0°38'33"
E, along said allotment line, a distance of 96.69 feet; thence
N.89°50'07"W, a distance of 104.44 feet; thence
N.83°23’00”W, a distance of 563.75 feet to a point on the
west line of Section 2; thence continuing N.83°23’00”W into
Section 3, a distance of 186.07 feet; thence N.0°32’17"W, a
distance of 206.50 feet; thence N.82°50'00"E, a distance of
185.86 feet to the point of beginning. TOGETHER with a 30foot-wide easement for ingress, egress and utilities over and
across Allotment T567 from the right of way for Kartar
Valley Road (BIA Rd. No. 54), N.14°36'51"W, a distance of
492.35 feet to a point on the south line of said Condon
Homesite Tract, from which point the boundary angle point
on said south line bears S.83°23"E, a distance of 86.41 ft.
Situated on the Colville Indian Reservation, County of

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
10 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, NS)
0 AGAINST
1 ABSTAINED (JB)

Page 14 of 15

2017-732.cdc

2017-733.l&j

2017-734.l&j.m&b

Okanogan, State of Washington.
Chairman or designee has authority to sign all pertinent
documents.
To add routes and parking lots within and providing access to
the Omak Industrial Park (250 acres), Inchelium Store, and
Nespelem Trading Post to the RIFDS system in accordance
with 25 CFR Part 170, Subsections 170.444, 170.446.
Chairman or designee to sign all pertinent documents. ADD
IN: Nespelem Community Center, Cache Creek Cutoff Trail
Rd., Walking trail.
To approve the attached contract for Patricia McClung
Adolph to serve as the Colville Tribal Gaming Commission
Director for a period of three contract years. The Chairman
or designee shall have authority to sign all pertinent
documents.
To approve the Colville Tribal Courts FY 2017-2018 for the
amount of $1,133,573 in its entirety. The Chairman or his
designee has the authority to sign all pertinent documents.

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

2017-735.l&j
TABLED

2017-736.l&j
TABLED

2017-737.l&j

That the Confederated Tribes of the Colville Reservation will
not exercise any jurisdiction under the Tribal Law & Order
Act of 2010, Pub. Law 111-22, title II, § 234 codified at 25
U.S.C. § 1302(b), until otherwise provided for by the Colville
Business Council.
That the Confederated Tribes of the Colville Reservation will
not share any tribal court convictions for the inclusion on any
state or federal database, until otherwise provided for by the
Colville Business Council.
To approve the By-laws for the Liquor Control Board.

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST

2017-738.l&j

2017-739.l&j

To accept a grant award in the amount of $693,375 from the
US Dept. of Justice's Office of Community Oriented Policing
as part of the FY17 Coordinated Tribal Assistance
Solicitation (CTAS) application for equipment, training, and
drug prevention and interdiction activities. No matching
dollars required. Chairman authorized to sign all pertinent
documents.
To approve an MOU between the Tribes, Nespelem School
District & Grand Coulee School District to designate a new
school bus transfer site located at the Tribal Government
Center. There is no legal relationship established with this
MOU and no costs associated. The Public Safety Director is
authorized to sign this MOU, as approved by CBC resolution.

Special Session
December 7th 2017
Naomi Yazzie, Executive Office Assistant

0 ABSTAINED
11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,
AJ, MLW, JS, EM, JB, NS)
0 AGAINST
0 ABSTAINED

Page 15 of 15

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A65ada4e876460422. Public record. Not legal advice.