# COLVILLE CONFEDERATED TRIBES (2023)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A84caa3267119ef64

## Record

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

## Text

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)
0 AGAINST
0 ABSTAINED

2023-693.m&b

2023-694.m&b.nrc
FAILED

2023-695.m&b.nrc

2023-696.m&b

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
7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

*FAILED*
3 FOR (PT, JS, SC)
4 AGAINST (NS, DB, AB,
SZ)
0 ABSTAINED
6 FOR (NS, SC, PT, AB,
KC, SZ, DB)
1 AGAINST (JS)
0 ABSTAINED

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST

2023-697.m&b

2023-698.m&b

2023-699.m&b.nrc

2023-700.m&b

2023-701.m&b.cul

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
Page 2 of 7

0 ABSTAINED

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

6 FOR (PT, NS, SZ, JS, AB,
SC)
1 AGAINST (DB)
0 ABSTAINED

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

5 FOR (PT, NS, SZ, JS, SC)
1 AGAINST (DB)
1 ABSTAINED (AB)

2023-702.m&b

2023-703.m&b

2023-704.tg

2023-705.tg

2023-706.tg

2023-707.tg

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

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED
7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED
7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED
7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED
7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

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

2023-708.tg.e&e

2023-709.e&e

2023-710.e&e

2023-711.nrc.m&b

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

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED
6 FOR (PT, DB, SZ, JS, AB,
SC)
0 AGAINST
1 ABSTAINED (NS)

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST

2023-712.nrc.m&b

CONFIDENTIAL

0 ABSTAINED
7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST

2023-713.nrc

2023-714.nrc

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

0 ABSTAINED
7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

2023.715.nrc

2023-716.nrc

2023-717.nrc

2023-718.fish

2023-719.fish

2023-720.fish

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
Page 5 of 7

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

6 FOR (PT, NS, DB, SZ,
JS, SC)
0 AGAINST
1 ABSTAINED (AB)

6 FOR (PT, NS, SZ, JS, AB,
SC)
1 AGAINST (DB)
0 ABSTAINED
7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

6 FOR (PT, NS, SZ, JS, AB,
SC)
1 AGAINST (DB)
0 ABSTAINED

2023-721.fish

2023-722.l&j

2023-723.l&j

2023-724.l&j.tg

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
Page 6 of 7

6 FOR (PT, NS, SZ, JS, AB,
SC)
1 AGAINST (DB)
0 ABSTAINED

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED
7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED
7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

2023-725.l&j

2023-726.l&j.m&b

2023-727.l&j.m&b

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

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

5 FOR (PT, NS, DB, JS, SC)
2 AGAINST (SZ, AB)
0 ABSTAINED

7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST

2023-728.l&j

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
Page 7 of 7

0 ABSTAINED
7 FOR (PT, NS, DB, SZ, JS,
AB, SC)
0 AGAINST
0 ABSTAINED

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A84caa3267119ef64. Public record. Not legal advice.