COLVILLE CONFEDERATED TRIBES (2023)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

September 21st, 2023

Resolution Index

Condensed by, Raylene Ensminger, Executive Office Assistant

Present:

Karen Condon, Patrick Tonasket, Norma Sanchez, Dustin Best, Shar Zacherle,

Joseph Somday, Alison Boyd-Ball, Steven Carson

Delegation/Leave:

Jarred-Michael Erickson, Cindy Marchand, Roger Finley, Andy Joseph Jr., Cody

Peone, Mel Tonasket

Resolution No.

2023-692.vet

10-Signature

Condensed Recommendation Information

Colville Business Council

Vote Tally

To authorize the Chairman to sign and send the attached letter

supporting a Congressional Charter for the Nation Native

American Indian Veterans, Inc.

12 FOR (AJ, AB, CM, CP,

JS, MT, NS, RF, JME, SZ,

SC, PT)

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FAILED

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To approve budget modification #1 for CCT 821718 BP

Products North America Inc. CCT Charitable Fund adding

$360,000.00 for a total award amount of $4000,000.00,

authorize the Chairman or his designee to sign all pertinent

documents. Attached is budget mod #1. No Tribal dollars

associated.

To approve the Bonneville Power Administration Blanket

Financial Assistance Master Agreement. The agreement starts

when it is signed by the Confederated Tribes of the Colville

Reservation and ends on 06/30/2033. The Chairperson or

designee has authority to sign all pertinent documents.

To negotiate a conditional sales contract for 0201022001000.

An Environment Assessment will be completed on the

property and all cleanup be negotiated prior to any sale. The

Confederated Tribes of the Colville Indian Reservation will

purchase the property at no more than a negotiated value of

$269,950.00 using Colville Fuels, LLC funding. Chairman or

designee has authority to sign all pertinent documents.

For the Colville Tribes Planning Department to submit the

grant application on behalf of the Colville Tribal Corporation

for the Lake Chelan Resort Hotel Infrastructure in the amount

Special Session

September 21st, 2023

Raylene Ensminger, Executive Office Assistant

Page 1 of 7

Rationale: Requested by

CBC on July 13th but not

formally acted on

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of $4,000,000 to the Economic Development Administration

Public Works and Economics Adjustment Assistance

Program.

To approve the attached Funding Agreement related to

Disaster# 4584DR. The total amount for this FEMA Disaster

funding is $1,221,043.34. The Agreement covers the

following projects (as attached):

*PW#52 Project# 437009 Range Unit 36 Fencing

*PW#53 Project# 537934 Range Unit 59 & 59A Fencing

*PW#54 Project# 437039 Range Unit 54 Fencing

*PW#56 Project# 437004 Range Unit 81 Fencing

*PW#57 Project# 437022 Range Unit 57 Fencing

*PW#58 Project# 436993 Range Unit 35 Fencing

*PW#60 Project# 537539 Range Unit 66 Fencing

*PW#61 Project# 436996 Range Unit 56 Fencing

*PW#62 Project# 437013 Range Unit 63 Fencing

*PW#67 Project# 437018 Range Unit 73 & 76 Fencing

Chair or designee has authority to sign all pertinent

documents.

To approve the attached Funding Agreement related to

Disaster# 4631DR. The total amount for this FEMA Disaster

funding is #278,561.62. The Agreement covers the following

projects (as attached):

*PW#7 Project# 687344 Unit 26 Fencing

*PW#2 Project# 679906 Range Unit 32 Fencing

*PW#3 Project #674559 Range Unit 25 & 30 Fencing

Chair or designee is authorized to sign all pertinent

documents.

To support the request for $92,294.00 from the BIA through

the Range Improvement Program to address the need to

reduce negative resource impacts attributable to growing feral

horse populations on the Colville Reservation. Funds will

support ongoing control efforts for the feral horse capture on

reservation rangeland. Chair or Designee is authorized to sign

all pertinent documents.

To approve the Avant Energy Contract, they will provide

utility advisory services to support the Confederated Tribes of

the Colville Reservation in developing energy resources in

solar, hydropower, green hydrogen and microgrid, as well as

explore opportunities in electronic vehicle charging. Contract

will begin when approved and ends on 9/30/24. Chair or

designee to sign all pertinent documents.

To approve and accept funding in the amount of $209,162.00

from the Federal Emergency Management Agency for Project

No. 687344 P/W 7 unit 26 FEMA 4631 Project No. 674564

P/W #5 FEMA 4631, Project No. 685855 P/W#8 FEMA

4631. FEMA responds to emergencies and disasters on all

Colville Tribal Lands, not just within the exterior boundaries

Special Session

September 21st, 2023

Raylene Ensminger, Executive Office Assistant

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of the Colville Reservation. This authorizes the

History/Archaeology Program to negotiate scopes of work and

budgets, and to accept awards with FEMA for all cultural

resources compliance work. All contracts and budgets will be

submitted through the approved administrative process. This

authorizes the Chairman or his designee to sign all documents

related to this resolution.

To approve the Fiscal Year 2024 Tribal Budgets in the

amount of $73,007,100. The Tribal budgets are in addition to

the currently approved 2024 Federal, State, and other awards.

Chair or designee authorized to sign all relevant documents.

To approve FY23 Planning Department modification and

request of $200,036.00 dollars to cover the expenses of the

grant writing services from the Tribal General Fund.

Chairman or designee to sign all related documents.

To approve the Lakes General Contract for abatement and

roof replacement for the Omak and Inchelium Community

Centers for the amount of $592,816. Chair or designee

authorized to sign pertinent documents.

To approve the Colville Tribes to participate in a Tabletop

Exercise in collaboration with WA State Guard Military

Department being held on November 8, 2023 at Northern

Quest Casino. Chairman or designee is authorized to sign all

pertinent documents.

To accept the Relinquishment request of JOSHUA WAYNE

TRUJILLO, on the current Colville Tribal Membership Roll.

In accordance with Sec. 8-1-320, 8-1-321, 8-1-322 of Title 8Colville Membership Code, this relinquishment is effective

immediately upon full Tribal Business Council approval.

Also, in accordance with Sec. 8-1-342, JOSHUA WAYNE

TRUJILLO shall hereafter be prohibited from future

membership with the Confederated Tribes of the Colville

Reservation. She/he wishes to relinquish to the ARIKARA

TRIBE.

To approve the 2023 November Elder Quarterly Stipend, from

account PL75747012, in the amount of $350.00 to each

eligible tribal member age 55 and older to the Confederated

Tribes of the Colville Reservation. Elder Stipend shall be

distributed on or before November 1, 2023. Eligibility for the

Elder Stipend shall be: age 55, enrolled and living as of

midnight of October 5th, 2023. The following shall not apply

to the 2023 November Elder Stipend: Debt Set-Off Ordinance

and Retro Active Payments. Department hold list is due

October 16th, 2022. The following departmental holds shall

be approved for deposit into the tribal members IIM account:

Special Session

September 21st, 2023

Raylene Ensminger, Executive Office Assistant

Page 3 of 7

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1. Social Services (regular) Court Order/Voluntary consent for

adults.

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2. Enrollment Deceased Elders/Unclaimed Checks past 90

days.

To authorize the Chairman to sign the OHS Notice of Federal

Interest for the Omak Head Start Facility. 45 CFR § 1303.46,

Recording and posting notices of federal interest, requires a

grantee who uses federal funds in whole or part to construct a

facility, to record a notice of federal interest in the official real

property records of the jurisdiction in which the facility is

located.

To approve the Amendment 1 Award increases amount by

$454,900.00 for a total amount of $2,412,460.00. Chairman or

Designee to sign all pertinent documents.

To approve the amendments to Chapter 6-15, Workers

Compensation Code, amending the code to make timelines

consistent with the Employee Policy Manual, correct and add

language for accuracy, to reflect actual processes and correct

other errors within the code. Process utilizing CBC Procedural

Rule 3 (a), (b), (c), (f), & (g) were followed; no comments

were received. Once approved, a copy shall be forwarded to

the Code Reviser for certification and distribution. The

Chairman or his designee shall be authorized to sign any

pertinent documents.

CONFIDENTIAL

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CONFIDENTIAL

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To approve Steve Palmer - Tribal Member, for grazing

privileges on Range Unit 43 for the 2023 to 2027 grazing

permit cycle. The grazing fee is ($1.20/AUM for Tribal Tracts

and $15.00/ AUM for allotment Tracts) established by

Resolution 2023-209 shall apply. The permittee shall comply

with the Best Management Practices (BPM's) set forth by the

Range Program for the duration of the permit. Chair or

designee is authorized to sign all pertinent documents.

To approve Steve Palmer - Tribal Member, for grazing

privileges on Range Unit 32 for the 2023 to 2027 grazing

permit cycle. The grazing fee is ($1.20/AUM for Tribal Tracts

and $15.00/ AUM for allotment Tracts) established by

Special Session

September 21st, 2023

Raylene Ensminger, Executive Office Assistant

Page 4 of 7

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Resolution 2023-209 shall apply. The permittee shall comply

with the Best Management Practices (BPM's) set forth by the

Range Program for the duration of the permit. Chair or

designee is authorized to sign all pertinent documents.

To approve the FY24 USDA APHIS Chronic Wasting

Disease Grant (FAIN: AP23WSNWRC00C058) to improve

the knowledge, preparedness, monitoring and future

management of Chronic Wasting Disease on the Colville

Reservation. The grant amount is $71,722, and the contract

dates are September 30, 2023 to September 29, 2024. No

additional Tribal Dollars. Chairperson or designee has

authority to sign all pertinent documents.

To authorize Chairperson or designee's signature on the

enclosed letter of support for the Okanogan Wenatchee

National Forest's Upper Wenatchee Phase 2 Land and Water

Conservation Fund acquisition proposal. Chairperson or

designee is authorized to sign all pertinent documents. No

Tribal dollars attached.

To amend Resolution 2020-634 by adding the following

language "Brett Marchand will be reimbursed $1500.00 for

the overpayment made on cancelled lease number

4200213449, which will come from tribal account 101-T10140." The Colville Tribes Real Estate Services will work on the

refund to Mr. Marchand. Lease No. 4200213449 was

terminated via Resolution 2020-634 with a termination date of

December 5, 2020 and made no mention of a refund to the

Lessee (Brett Marchand). Brett Marchand then paid an

additional $1200 on March 2021 on the terminated lease

which was accepted by the Bureau of Indian Affairs. As the

lease was terminated prior to the end of its year and was paid

in full and an additional year was paid and accepted, Mr.

Marchand is entitled to a refund of $1500.00.

To approve the award for FY 2023-2024 BPA Fund #910323

Rufus Woods Creel Survey and Analysis in the amount of

$315,661. Performance Period: August 1, 2023 - July 31,

2024. Chairperson or designee has authority to sign all

pertinent documents.

To approve the sub-contract for Cates & Erb, Inc. to complete

habitat restoration work in Salmon Creek in the amount of

$114,747.00. Funding accounts are the CRI 7703 ($92,047)

and BIA Salmon Creek 160720 ($22,700). Performance

period: September 5, 2023 30, 2023. Chairperson or designee

has authority to sign all pertinent documents.

To approve subcontract with Washington Department of Fish

& Wildlife for fish health services at Chief Joseph Hatchery in

the amount of $84,963.00. The funding is from BPA fund

number 312223 and dates are from signed to April 30, 2024.

The Chairperson or designee has authority to sign all pertinent

Special Session

September 21st, 2023

Raylene Ensminger, Executive Office Assistant

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7 FOR (PT, NS, DB, SZ, JS,

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documents.

To approve subcontract for Tetra Tech for fish habitat

restoration design for the Pope Project on the Entiat River, in

the amount of $94,868.00. Funding is from BPA contract

73548 REL 151 fund number 912022 for $60,000.00 BPA

contract CR365073 will fund the remaining $34,868.00 BPA

CR365073 is currently pending and expected to begin

November 1, 2023. The dates are from approval to October

31, 2024. The Chairperson or designee has authority to sign

all pertinent documents.

To approve the attached contract between the Colville Tribal

Correctional Facility and Corrections Technology Group to

upgrade the facility's Access Control System.

To approve the attached contract between the Colville Tribal

Correctional Facility and Alden Plumbing to replace plumbing

fixtures, piping, and control valves throughout the entire

facility. Chairman or designee to sign all pertinent documents.

To memorialize the Public Defenders Office's guidelines as

follows: The Public Defender’s Office has a discrete and

independent role in Tribal Government. Maintaining this

separation and independence is essential not only to ensure

compliance with law and ethics but also to maintain the

office’s integrity and credibility. The office provides legal

representation and assistance under the terms of its attorney's

contracts to such classes of persons as directed through

priorities set by the Colville Business Council. Council directs

policy defending eligibility for services and the types of

service to be provided to the membership. Current priorities

are providing professional representation for tribal members

accused of criminal offenses under the Colville Tribal Law

and Order Code and in Minor-in-Need-Care (MINOC)

proceedings. The Public Defenders Managing Attorney shall

guide all services to Public Defenders Office provides,

ensuring all staff comply with applicable rules of professional

conduct including the Spokesman’s Oath and the Washington

State Bar Associations Rules of Professional Conduct. The

Managing Attorney, Staff Attorneys, and, with the guidance

of the Managing Attorney, Spokespersons, retain the right to

exercise independent professional judgement and shall

provide all services in consultation with clients and without

interference from Council and Tribal Administration. By the

terms of the Public Defenders Managing Attorney's contract,

the attorney hiring process is handling by the office from

initial recruitment up to administration contract review. Upon

completion of administrative review, final approval of all

contracts rests with the Colville Business Council. Tribal

Special Session

September 21st, 2023

Raylene Ensminger, Executive Office Assistant

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6 FOR (PT, NS, SZ, JS, AB,

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Administration provides limited oversight specifically

regarding the budget and administrative matters regarding

non-attorney personnel as needed, Long-standing policies

prohibit the office from providing assistance with the

following: lawsuits against the Tribes, or its employees or

assigns, habeas petition on behalf of clients with detention;

family law matters; restraining and no contact orders in civil

actions; and all other non-criminal and non-MINOC matters.

To appoint Rodney J Hargrove, a Tribal Member, as a

Gaming Commissioner to fill the remaining two years of the

vacant Commissioner position that was vacated on December

7, 2022, expiring April 25, 2025, in accordance with Chapter

6-5 (Gaming) of the Colville Tribal Law and Order Code. The

appointment shall commence on the passage of tribal

resolutions by the full Colville Business Council. The

Chairman or designee shall have the authority to sign any and

all pertinent documents related to this matter.

To approve the BIA/OJS contract to house Tribal member

inmates in the Colville Tribal Correctional Facility (CTCF).

The CTCF shall receive $70.00 per day/ per inmate not to

exceed 10 inmates. The period of performance shall be from

September 1, 2023 through August 31, 2028. No tribal dollars

will be expended. The Chairman or designee to sign all

pertaining documents.

CONFIDENTIAL

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To authorize the signing of this contract with the Washington

State Military Department. The Colville Tribes Public Safety

Department will use WebEOC software and database at a Tier

2 Level. The Colville Tribes will create our own incidents for

managing natural disasters and other emergency incidents.

WebEOC is used to order resources, documentation purposes

to assist in reimbursement requirements, request assistance to

other jurisdictions, for situation awareness, and to track

progress of emergency relief efforts. No cost to the Tribe to

use this program. Chairman or designee is authorized to sign

all pertinent documents.

Special Session

September 21st, 2023

Raylene Ensminger, Executive Office Assistant

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