# COLVILLE CONFEDERATED TRIBES (2018)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A6f5851cf57deb923

## Record

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

## Text

COLVILLE CONFEDERATED TRIBES
COLVILLE BUSINESS COUNCIL
Special Session
November 8th, 2018
Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Rodney Cawston, Karen Condon, Jack Ferguson, Richard Swan Sr., Andrea George, Margie
Hutchinson, Norma Sanchez, Joseph Somday, Marvin Kheel, Joel Boyd, Richard Moses

Delegation:

Andy Joseph Jr., Susie Allen, Janet Nicholson

Resolution No.

2018-710.m&b
10-Signature

Condensed Recommendation Information

Colville Business Council Vote
Tally

To sponsor $5,000 to the Indian National Finals Rodeo "Parade
of Nations". Funds to come from the Donations budget.

10 FOR (JF, RC, MH, RS, NS,
RM, KC, JB, SA, AJ)
0 AGAINST
0 ABSTAINED

2017-711.tg
10-Signature

To authorize the Okanogan County Democrats to schedule and
promote their November 3rd, 2018 meeting at the Lucy F.
Covington Government Center Auditorium.

Rationale: Timelines
10 FOR (MK, NS, RS, MH, JS,
JF, JB, RM, AJ, AG)
0 AGAINST
0 ABSTAINED

2018-712.e&e.m&b
10-Signature

To approve the attached budget mod in the amount of $99,000.
The funds are carried over from FY18. The Chair is authorized
to sign all pertinent documents.

Rationale: Timelines
11 FOR (JF, MK, NS, RM, AJ,
AG, SA, KC, RS, RC JB)
0 AGAINST
0 ABSTAINED

2018-713.m&b
10-Signature

2018-714.m&b
10-Signature

To approve a change order to St. Clair Construction contract in
the amount of $117,403.42 from account 153.63410 to be
transferred to Nespelem Community Center account 671.63410
to inspect, analyze and mitigate the mold in the gym, and to
replace roofing in the framed roofing areas with new TPO
membrane with a 30 year warranty. Chairman or designee to
sign all pertinent documents.
To approve Change Order No. 5 increasing the contract amount
not to exceed $75,594.98 to incorporate alternative
reinstatement method in Coulee Dam. Funds allocated through

Special Session
November 8th, 2018
Naomi Yazzie, Executive Office Assistant

Rationale: Timelines
10 FOR (JF, JB, AG, RS, RC,
SA, JS, JN, AJ, RM)
0 AGAINST
0 ABSTAINED
Rationale: Timelines
10 FOR (JF, RS, MH, JS, JB,
AG, RM MK, KC, NS)
0 AGAINST

Page 1 of 7

2018-715.e&e
10-Signature

Resolution 2016-275 have adequate funds available to cover
these changes. Chairman or designee to sign all related
documents.
To approve the attached Standards of Conduct Policy for the
Early Childhood Education/Head Start Program. (Policy
Council Approved 09/20/2018).

0 ABSTAINED
Rationale: Timelines
10 FOR (JB, NS, JS, RM, AG,
RS, JN, JF, AJ, SA)
0 AGAINST
0 ABSTAINED

2018-716.e&e
10-Signature

To approve the attached Staff Training Policy for the Early
Childhood Education/Head Start Program. (Policy Council
Approved 09/20/2018).

Rationale: Timelines
10 FOR (JB, JS, NS, RM, AJ,
AG, RS, JN, JF, SA)
0 AGAINST
0 ABSTAINED

2018-717.e&e
10-Signature

To approve the attached Background Checks and Procedures
Policy for the Early Childhood Education/Head Start Program.
(Policy Council Approved 09/20/2018).

Rationale: Timelines
10 FOR (JB, JS, NS, RM, AG,
AG, RS, JN, JF, SA)
0 AGAINST
0 ABSTAINED

2018-718.hhs

2018-719.m&b

2018-720.m&b.l&j

2018-721.m&b.l&j

2018-722.m&b.cdc

To approve Budget Modification #1 for the FY 2018 Fiscal
Year. This is to reallocate existing funding of the grant to areas
within that need additional support. This action requires no
tribal dollars and all performances measure remain the same.
CFDA #93.237. Chairman or designee to sign all pertinent
documents.
To accept the funds for FY 2019 BIE Exceptional Education:
Contract #A18AV00627 Budget Modification #1 for the
amount of $213,040. The Tribal Chairman or designee to sign
all pertinent documents.
To approve the Gaming Commission's FY19 Organizational
Chart and $3,667,312 (total expenses $3,757,312 less licensing
revenue of $90,000) to meet the needs of the Commission at the
levels necessary to sustain the regulatory requirements for the
fiscal year.
To approve the Internal Auditor's FY19 Organizational Chart
and Budget for $85,076 to meet the needs of the Commission at
the levels necessary to sustain the regulatory requirements for
the internal auditing for the fiscal year.
To accept the Lake Rufus Woods Fishing Access contract with
Washington State Fish & Wildlife in the amount of $1M (One
Million Dollars) to develop a boat launch. Chairman or
designee authorized to sign all pertinent documents. Attached
are Summary of Work, Tasks, Deliverables, and Budget. No

Special Session
November 8th, 2018
Naomi Yazzie, Executive Office Assistant

Rationale: Timelines
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED

Page 2 of 7

2018-723.m&b

2018-724.m&b

2018-725.m&b

2018-726.m&b

2018-727.m&b

2018-728.tg

2018-729.tg

2018-730.tg

Tribal dollars. Indirect $7,881.
To approve the contract between Parks and Recreation and
Jesse Palmer Construction to site prep, transport, and set up
facility at the Mt. Tolman Complex. No Indirect. No Tribal
dollars. Expenses paid with insurance claim.
To approve the attached invoices to Finley & Cook, CPA in the
amount of $251,381.62 for Serenic Annual Maintenance &
Enhancements. Funds to come from approved budget. Chair or
designee approved to sign all pertinent documents.
To rescind 2007-371 and replace it with another resolution.
Whereas, Colville Tribal Credit acquires real estate both within
and outside the exterior boundaries of the Colville Reservation
through loan foreclosure and collection activities; and,
Whereas, when Colville Tribal Credit acquires real estate
through the above mentioned activities, it will no longer be
required to first offer the real estate to the Colville Tribal
government when the real estate is less than 2.5 acres in size.
To have Tribal Credit loans repaid so that adequate loan funds
are available to serve current and future Tribal member
borrowers, and
Whereas, Tribal Credit customers, as part of a standard loan
package, assign to Tribal Credit as loan collateral all trust
income and per capitas; and
Therefore be it resolved, that the Colville Business Council will
allow per capita holds for Tribal Credit judgments against
Tribal Credit loan customers but these holds will not include
any per capitas from the Grand Coulee Dam (181-D) settlement
money.
To approve the Lake Roosevelt Community Health Clinic Proof
of Loss (attached) in the amount of $139,395.09 for the roof
insurance claim, and authorize the chairman or his/her designee
to sign all pertinent documents.
To adopt Zairah Mae Marcellay as applicant meets
requirements of Section 8-1-160 of Enrollment Ordinance and
Constitution of the Confederated Tribes of the Colville
Reservation.
To adopt Aaron Gregory Thomas Simpson as applicant meets
requirements of Section 8-1-160 of Enrollment Ordinance and
Constitution of the Confederated Tribes of the Colville
Reservation.
To adopt Joseph Vernon Smith as applicant meets requirements
of Section 8-1-160 of Enrollment Ordinance and Constitution of
the Confederated Tribes of the Colville Reservation.

Special Session
November 8th, 2018
Naomi Yazzie, Executive Office Assistant

10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
9 for (JF, RS, AG, MH, NS, JS,
MK, JB, RM)
1 AGAINST (KC)
0 ABSTAINED

10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED

10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST

Page 3 of 7

2018-731.nrc

2018-732.nrc

2018-733.nrc

2018-734.nrc

2018-735.nrc

2018-736.nrc

To approve for permission to apply for the Grant PUD Northern
Pike Project and authorize the Chairman or his/her designee to
sign all pertinent documents. Attached is email. No Tribal
dollars associated.
To approve for permission to apply for the Bureau of
Reclamation Invasive Mussel Project Grant and authorize the
Chairman or his/her designee to sign all pertinent documents.
Attached is grant information. No Tribal dollars associated.
To approve for permission to apply for the Priest Rapid
Coordinating Committee Northern Pike Grant and authorize the
Chairman or his/her designee to sign all pertinent documents.
Attached is email. No Tribal dollars associated.
To approve amendment IAA 93-096274 for 752518 Forest Fish
Support Account for Fish & Wildlife adding an additional
$40,000.00 going to History & Archaeology Department and
authorize the Chairman or his/her designee to sign all pertinent
documents. Attached is amendment agreement. No Tribal
dollars associated.
To approv
(Wenatchi)
Aboriginal Territories Hunting Regulations. The season shall
be opened only for Ceremonial tags. The Chair or designee is
authorized to sign all pertinent documents.
Whereas, The Confederated Tribes of the Colville Reservation
(“ rib ”) is a federally recognized tribe, organized pursuant to
the Constitution of the Confederated Tribes of the Colville
Reservation, as approved by the Commissioner of Indian
Affairs on April 19, 1938, as may be amended from time to
time; and
Whereas: Article V, Section 1 of the Constitution grants the
Colville Business Council the authority to promulgate and
enforce ordinances; and
Whereas: Due to changes in federal law governing leases on
tribal lands, the Tribe is diligently pursuing the United States
Department of
I rior’s a roval of
Busi ss Si
Leasing Statute, as provided pursuant to the Helping Expedite
and Advance Responsible Tribal Home Ownership Act of 2012
(“HEAR H Ac ”), ic au oriz s f d rally r cog iz d
Indian tribes to pass tribal leasing statutes to approve the
leasing of tribal lands provided those tribal statutes are
approved by the Secretary of the Interior; and
Whereas: The HEARTH Act requires the Colville Business
Council to adopt tribal leasing regulations to implement the
HEARTH Ac a d ak adva ag of
HEAR H Ac ’s
provisions;

Special Session
November 8th, 2018
Naomi Yazzie, Executive Office Assistant

0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
9 for (KC, JF, RS, MH, NS, JS,
MK, JB, RM)
0 AGAINST
1 ABSTAINED (AG)

Page 4 of 7

2018-737.nrc

2018-738.nrc

2018-739.nrc

2018-740.nrc

Whereas: The HEARTH Act Business Lease Ordinance
co s i u s
rib ’s l asi g r gula io s for busi ss l as s as
required under the HEARTH Act; and
Whereas: This Resolution does not conflict with any Tribal or
federal law or require approval of any other Tribal entity.
Now therefore be it resolved that the Colville Business Council
has reviewed and hereby approves and enacts the HEARTH Act
Business Lease Ordinance;.
Be it further resolved that the Colville Business Council hereby
au oriz s
airma , or
airma ’s d sig , o
execute and deliver the HEARTH Act Business Lease
Ordinance to the United States Department of the Interior for
review and approval pursuant to the HEARTH Act, and to
make any necessary conforming changes to effectuate
approval;.
To accept and approve Quentin Holford's, Colville Tribal
Member, offer to purchase Tribal Fee parcel No. 25021.1205
(3403 W Hoffman Ave, Spokane, WA) at negotiated price of
$34,200.00. Chairman or designee has the authority to sign all
pertinent documents.
To approve Budget Modification #16 & #17 in the amount of
$400,308.00 for Contract #A16AV00307 FY 2017/2018 due to
additional government funding awarded to the Realty PL638
Contract. Chairman or designee has authority to sign all
pertinent documents.
To accept and approve Maurice Joy, Colville Tribal
Descendent, Agricultural Lease bid offer for Tribal Tract No.
101-T5317. The property is described as:
101-T5317: The W-½ NE-¼ and the E-½ E-½ Nw-¼ of Section
15, Township 30 N, Range 26 E, Willamette Meridian,
Okanogan County, Washington, containing 120.00 acres, more
or less. Purpose: Agriculture Lease. Terms: 10 Years.
Compensation: $3360.00 per year. Bond: $Required
Lease Fee: 101.00 (one-time fee)
Entire term of lease will be subject to Fair Market Rental Value.
L as subj c o co di io s ci d i IRMP oordi a or’s
review. Chairman or designee has authority to sign all pertinent
documents.
To accept and approve Darlene Giesen, Colville Tribal member,
Pasture lease application for a lease renewal on Tribal Tract No.
101-T4596 and 101-T3727. The property is described as:
101-T3727: The NW-¼ NE-¼ SE-¼ Section 7, Township 33 N,
Range 28 E, Willamette Meridian, Okanogan County,
Washington, containing 10.00 acres, more or less.
101-t4596: The S-½ NE-¼ NE-¼, SE-¼ NE-¼, and the NE-¼
NE ¼ SE-¼ of Section 7, Township 33 N, Range 28 E,
Willamette Meridian, Okanogan County, Washington,
containing 70.00 acres, more or less. Total of 70.00 acres more

Special Session
November 8th, 2018
Naomi Yazzie, Executive Office Assistant

8 for (KC, JF, MH, NS, JS, MK,
JB, RM)
1 AGAINST (AG)
1 ABSTAINED (RS)
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED

10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED

Page 5 of 7

2018-741.nrc

2018-742.nrc

2018-743.nrc

2018-744.nrc

or less. Purpose: Pasture Lease. Terms: 5 year lease.
Compensation: $160.00 per year. Bond: $Waived. Lease Fee:
$15.00 (one-time fee). Entire term of lease will be subject to
Fair Market Rental Value. Lease subject to conditions cited in
IRMP Coordinator's review. Chairman or designee has
authority to sign all pertinent documents.
To accept and approve Lisa Orr, Colville Tribal Member, home
site lease application for Tribal Tract No. 101-T4399(por). The
property is descried as:
101-T4399(por): The N½SW¼NW¼NW¼ portion of Section
18, Township 33 North, Range 28 East, Willamette Meridian,
Okanogan County, Washington, containing 5.0 acres more or
less. Purpose: home site lease. Terms: 99 years upon approval
Compensation: $250.00 per year. Bond: $Waived. Lease Fee:
$15.00 (one-time fee). Entire term of lease will be subject to
Fair Market Rental Value. Lease subject to conditions cited in
IRMP Coordinator's review. Chairman or designee has
authority to sign all pertinent documents.
To accept and approve Trudi and Lawrence, Colville Tribal
members, Agricultural BID offer to lease Tribal Tract No. 101T4299(por). The property is descried as:
101-T4299(por): The E-½ NE-½ Section 9, and the W½ W½
NW¼ Section 10, Township 30 N, Range 35 E, Willamette
Meridian, Ferry County, Washington, containing 120.00 acres,
more or less. Purpose: Agriculture lease. Terms: 10 years upon
approval. Compensation: $250.00 and 1/3 crop share per year
Bond: $waived. Lease Fee: $15.00 (one-time fee)
Entire term of lease will be subject to Fair Market Rental Value.
Lease subject to conditions cited in IRMP Coordinator's review.
Chairman or designee has authority to sign all pertinent
documents.
To accept and approve Duran Marchand Jr., Colville Tribal
member, Home Site lease application for Tribal Tract No. 101T5585(por). The property is descried as:
101-T45585(por): The S-½ SW-¼ NW-¼ SE-¼ NW-¼ N-½
NW-¼ SW-¼ SE-¼ NW-¼ Portion of Section 12, Township 32
N, Range 36 E, Willamette Meridian, Ferry County,
Washington containing 2.50 acres more or less.
Purpose: home site lease. Terms: 99 years upon approval
Compensation: $250.00 per year. Bond: $waived
Lease Fee: $15.00 (one-time fee). Entire term of lease will be
subject to Fair Market Rental Value. Lease subject to
conditions cited in IRMP Coordinator's review. Chairman or
designee has authority to sign all pertinent documents.
To approve Anna White, Colville Tribal Member, to purchase
parcel #63208110001002 per Resolution 2018-5274, at the
negotiated value of $30,000.00, with $9,490.00 lease monies
and renovation costs of $20,000.00 applied to purchase price

Special Session
November 8th, 2018
Naomi Yazzie, Executive Office Assistant

10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED

10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED

10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED

10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST

Page 6 of 7

2018-745.cdc

with a difference of $510.00 owed to Colville Confederated
Tribes. The property is described as: The SW¼SE¼NE¼NE¼
of section 8, Township 32 North, Range 36 east, Willamette
Meridian, Ferry County, Washington, containing 5.00 acres,
more or less. Chairman or designee has the authority to sign all
pertinent documents.
To authorize ORA to file petitions for writ of restitution on
behalf of Public Works when necessary.

0 ABSTAINED

9 for (JF, RS, AG, MH, NS, JS,
MK, JB, RM)
0 AGAINST

2018-746.cdc

2018-347.l&j

To authorize the CCT DOT and various Tribal delegates to
proceed with meetings with FHWA, Central Office regarding
the potential funding opportunities for a Bridge crossing on
Lake Roosevelt. Chairman or designee to sign all pertinent
documents.
CONFIDENTIAL

1 ABSTAINED (KC)
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST

2018-748.l&j

2018-749.l&j

2018-750.l&j

2018-751.l&j

To accept $437,500 in funding from U.S. Department of
Justice's Office on Violence Against Women to provide a Tribal
Special Assistant U.S. Attorney who will work collaboratively
between the CTCR and the U.S. Attorney-Eastern District of
Washington's Office. The funding will cover 36 months, with a
period of Nov. 1st, 2018 to Oct. 30th, 2021. No Tribal dollars.
Chairman or designee authorized to sign all pertinent
documents.
To approve the amendments for Chapter 1-1 General Provisions
(attached). Process utilizing CBC Procedural Rule3 (b), (e), (f)
and (g) were followed. Comments have been received and
considered during this comment period. Once approved, a copy
shall be forwarded to the Code Reviser for certification and
distribution.
To approve the amendments for Chapter 2-2 Civil Action
(attached). Process utilizing CBC Procedural Rule 3 (b), (e), (f)
and (g) were followed. Comments have been received and
considered during this comment period. Once approved, a copy
shall be forwarded to the Code Reviser for certification and
distribution.
To approve and submit a proposal for the 2019 Bureau of
Indian Affairs (BIA) Attorney Fee Request and the 2019 BIA
Litigation Support Request to the BIA Office of Trust Services
via the Northwest Regional Office. Chair or his designee
authorized to sign all relevant documents.

Special Session
November 8th, 2018
Naomi Yazzie, Executive Office Assistant

0 ABSTAINED
9 for (KC, RS, AG, MH, NS, JS,
MK, JB, RM)
0 AGAINST
0 ABSTAINED
*Out of the Room (JF)

10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED
10 for (KC, JF, RS, AG, MH,
NS, JS, MK, JB, RM)
0 AGAINST
0 ABSTAINED

Page 7 of 7

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A6f5851cf57deb923. Public record. Not legal advice.