COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

April 17th 2014

Resolution Index

Condensed by, Naomi Yazzie, CBC Recording Secretary

Council Members Present:

Jim Boyd, William Nicholson II, Jack Ferguson, Nancy “Lynn”

Palmanteer-Holder, Richard Tonasket, Joseph Somday, Andrew

Joseph Jr., Ricky Gabriel, Nancy Johnson

Delegation/Absent:

Michael Finley, Mel Tonasket, John Sirois, Allen Hammond,

Stevey Seymour-Bylilly

Resolution No.

10-signature

2014-225.cul

Condensed Recommendation Information

Colville Business

Council Vote Tally

Whereas, The Ancient One (aka Kennewick Man) is an

ancestor of members of the Confederated Tribes of the

Colville Reservation. On August 30, 2002, the U.S.

District Court of Oregon determined that the Native

American Graves Protection and Repatriation Act

(NAGPRA) did not apply to the Ancient One. To

repatriate the Ancient One under NAGRA, two questions

must be answered: 1) is the Ancient One Native

American? 2) Can he be culturally affiliated with present

day Indian Tribe?

WHEREAS, recent DNA tests conducted under the

Plaintiff Scientists’ Study Plan may result in a finding of

Native American. It may be necessary to have

comparative DNA samples from our people to determine

cultural affiliation. Colville data can be made available

to other researchers only to test the exact same question

as the original study, ancient population dynamics.

Otherwise results are protected. All personal data will be

maintained by CCT Enrollment. Individual tribal

members will participate on a voluntary basis and sign

written release forms.

THEREFORE, The Culture Committee recommends the

Confederated Tribes of the Colville Reservation endorse

individual Colville members providing DNA for genetic

comparison to the Ancient One on a voluntary basis. The

10 FOR (SSB, MF, RT, RG,

MT, JSomday, JF, AH. JB,

AJ)

SPECIAL SESSION

April 17th 2014

Naomi Yazzie, CBC Recording Secretary

0 AGAINST

0 ABSTAINED

Rationale: Timelines, Culture

Committee cancelled

Page 1

10-signature

2014-226.cul

10-signature

2014-227.hhs

sample will be sequenced to obtain the complete nuclear

genome, which will be used to determine genetic markers

for population genomics/demographic analysis only. The

sample will not be used for commercial, health-related,

or tribal blood quantum purposes. This study will be

conducted by Prof. Dir. Eske Willserslev and associates

at the Center of GeoGenetics, University of Copenhagen

in Denmark. This authorizes the Chairman of the

Business Council or designee to sign all documents

related to this matter.

To adopt the Plant Gathering Policy for Public Lands

Outside the CCT Reservation. Recognizing the urgent

need to respect and promote the inherent rights of

indigenous peoples which derive from their political,

economic and social structures and from their cultures,

spiritual tradition, histories and philosophies, especially

their rights to their lands, territories and resources,

recognizing also the urgent ned to respect and promote

the rights of indigenous peoples affirmed in treaties,

agreements and other constructive arrangements with

States. The Chairman of the CBC will authorize

adoption of the Policy. No Tribal dollars associated.

To approve the OOA (Jan 2014 – March 2014) Contract

1469-9346 which is equal to 25% of the Title 3 and Title

7 funding and nutrition incentive program (NSIP).

10 FOR (SSB, MF, RT, RG,

MT, JSomday, JF, AH, JB,

AJ)

0 AGAINST

0 ABSTAINED

Rationale: Timelines, Culture

Committee cancelled

10 FOR (AJ, NJ, JF, SSB,

MT, AH, JSomday, JB, RG,

JSirois)

0 AGAINST

0 ABSTAINED

2014-228.m&b/tg

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To approve the 2014 May Elder Quarterly Stipend from

account PL75747012 in the amount of $436.00 to each

eligible tribal member age 55 and older of the

Confederated Tribes of the Colville Reservation. Elder

stipend distributed on May 5, 2014. To be eligible for

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

and living as of midnight of April 21, 2014. Debt SetOff shall not apply. Retro Active Payments are not

allowed. The following holds are approved for deposit

into the tribal members IIM account:

1. Social Services (Regular) Court Orders for court

declared incompetent adults and voluntary consent.

2. Enrollment/IIM (OST)

Court Order, Voluntary

Consent and eligible deceased members.

To approve the Uniform Terminal Allocation Transfer

Agreement between Muckleshoot Indian Tribe and the

Confederated Tribes of the Colville Reservation.

THEREFORE, BE IT RESOLVED, that the Chairman or

his Designee is authorized to sign any related documents.

To approve PARC Resources to complete a Feasibility

SPECIAL SESSION

April 17th 2014

Naomi Yazzie, CBC Recording Secretary

Rationale: Timelines

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

Page 2

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Study, a Business Plan, and a Marketing Strategy Plan

for the Colville Tribal Convalescent Center for a not-toexceed price of $46,093.00. Funding to come from the

Qwam Qwmpt' plan for Health. Chair or his/her

designee authorized to sign all pertinent documents.

To approve the Business Associate Agreement for

Sonosky, Chamber, Sachse, Miller & Munson, LLP to

provide legal services to Covered Entity and in

connection with those services. Covered Entity may

disclose Protected Health Information (PHI) to Attorneys

for health care operational purposes. Chair or designee

authorized to sign all pertinent documents.

To support the nomination of Stevey Seymour, Colville

Business Council as the elected Tribal representative to

serve on the Federal Communications Commission

Native Nations Broadband Task Force.

To support the nomination of Elizabeth (Susie) Allen, as

the alternate Tribal representative to serve on the Federal

Communications Commission Native Nations Broadband

Task Force.

That the Colville Tribes reaffirm that the Colville

Gaming LLC and 19 other Doe LLCs were formed based

on authorization of Resolution 2013-470 and pursuant to

Chapter 7-1 of the Colville Law and Order Code; and

WHEREAS, the Management and Budget Committee

further recommends that the Colville Business Council

reaffirm that for good and valid consideration the

Colville Gaming LLC and 19 other Doe LLCs were

transferred to the Colville Tribal Federal Corporation,

and that the Colville Tribal Federal Corporation (CTFC)

is now the sole member of the Colville Gaming LLC; and

WHEREAS, the Management and Budget Committee

further recommends that the following board members of

the CTFC; Ken Stanger, William Nicholson, Kim Peone,

Shawn Jones, and Mekko Miller be appointed as

Managers of the 19 un-named LLCs formed in

accordance with Resolution 2013-470. Their terms to

start upon appointment in the individual LLC bylaws,

and also that the Colville Tribes appoint Joe Pakootas,

(until December 20, 2015), William Smith (until

December 20, 2015), and Randy Williams (until

December 20, 2015) as Managers of the Colville Gaming

LLC.

BE IT FURTHER RESOLVED, that the Chairman or his

Designee is authorized to sign any related documents.

To approve the mailing of the Colville Tribe Land Sale

Inquiry to highly fractionated Allotment Landowners;

funded by the 1789 LTRO/$46,000.00. Note: We shall

SPECIAL SESSION

April 17th 2014

Naomi Yazzie, CBC Recording Secretary

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

7 FOR (JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

Page 3

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request reimbursement from the Cobell Buy-Back. The

landowner response(s) are necessary for our Cobell BuyBack Cooperative Agreement request.

To approve the 638 Contract - Realty #A13AV00599

modification to increase the funding to $433,289.00 and

change the statement of work budget to add two

additional (FTE's) positions.

To CHEROKEE NATION TECHNOLOGY

$899,260.00; funded by the 1789/LTRO/$28,700.00,

1023 Realty/$259,560.00 and 553/LTRO/$611,000.00.

Note: We shall request reimbursement from the Cobell

Buy-Back. The Contractor to verify 30,000 conveyance

documents (Chain-of-Title) and update the TAAMS

production and history data. This will ensure accurate

land ownership for all lands transactions, including the

Cobell Buy-Back lands.

To approve the Contract to COMSTAR for $45,495.00;

funded by the 1789 LTRO. The Contractor to

CONVERT: Microfilm (4,350 jackets/50 images per

jacket) and Appeture cards (39,875) to digital image and

index images. These are the remainder documents

necessary to complete the 30,000 conveyance documents;

awaiting verification to ensure accurate landownership

for all land transactions, including the Cobell Buy-Back

lands.

To approve the Contract to Moss-Adams for

$235,301.00; funded by the 1023 Realty. The Contractor

to access and classify pending Realty cases, Create Case

Tracking Database, Develop Directives/Process, Program

Risk Assessment & Reporting, Develop Realty Operation

Plans and Cobell Buy-Back Operation Plans: Outreach,

Land Research, Land Valuation and Buy-Back

Acquisition.

To approve new full award for Resident Fish RM&E in

the amount of $280,000.00 for the period of May 1, 2014

thru April 30, 2015 and authorize the Chairman or his/her

designee to sign all pertinent documents. Attached is

new full award. No tribal dollars associated.

To approve the new sub contract for Tetra Tech in the

amount of $202,597.00 to begin when signed by both

parties thru January 31, 2015 and authorize the Chairman

or his/her designee to sign all pertinent documents.

Attached is new sub contract & SOW. No Tribal dollars

associated.

To approve the pre award 911014 Twin Lakes

Enhancement in the amount of $36,000.00 and the

contracts dates are from April 1, 2014 to June 30, 2015

and authorize the Chairman or his/her designee to sign all

SPECIAL SESSION

April 17th 2014

Naomi Yazzie, CBC Recording Secretary

1 ABSTAINED (WN)

7 FOR (JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

1 ABSTAINED (WN)

7 FOR (JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

1 ABSTAINED (WN)

7 FOR (JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

1 ABSTAINED (WN)

7 FOR (JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

1 ABSTAINED (WN)

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

Page 4

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pertinent documents. Attached is the pre award letter and

budget, by June to have the full contract in place. No

Tribal dollars associated.

To approve the pre award 312413 Chief Joseph Hatchery

M&E in the amount of $294,000.00 and the contracts

dates are from May 1, 2014 to July 31, 2014 and

authorize the Chairman or his/her designee to sign all

pertinent documents. Attached is the pre award letter and

budget, by June to have the full contract in place. No

Tribal dollars associated.

To approve sub contract for 316613 McCuen & Jones in

the amount of $40,000.00 and the Chairman or his/her

designee is authorized to sign all pertinent documents.

Attached is the sub contract and SOW. No Tribal dollars

associated.

To approve sub contract for Battelle Institute in the

amount $193,960.00, and the dates are from January 1,

2014 to December 31, 2014 and authorize the Chairman

or his/her designee to sign all pertinent documents.

Attached is the sub contract and SOW. No Tribal dollars

associated.

To approve the new contract for 318614 Omak Creek

Improvement of Fish Passage in the amount of

$207,916.00 and contract dates are form April 1, 2014 to

March 31, 2015 and authorizes the Chairman or his/her

designee to sign all pertinent documents. Attached is

Full contract award. No tribal dollars associated.

To approve the Memorandum of Agreement between

Ferry County (WA) Commissioners; Ferry County

Noxious Weed Control Board, Okanogan County (WA)

Commissioners; Okanogan County Noxious Weed

Control Board, Stevens County (WA) Commissioners;

Stevens County Noxious Weed Control Board, Chelan

County (WA) Commissioners; Chelan County Noxious

Weed Control Board, The Confederated Tribes of the

Colville Indian Reservation; Bureau of Indian Affairs,

Colville Agency, to work together in the control of

invasive species on the reservation, the counties shall be

permitted to take action once notification is given by the

tribe on the treatment of invasive species. Chair or

designee is authorized to sign all pertinent documents.

To amend Resolution 2011-011 for an additional three

(3) year period to allow the use of pesticide chemicals for

forest regeneration and/or noxious weed control until

April 15th, 2017. Monitoring and annual updates will

occur. Chair or designee is authorized to sign all

pertinent documents.

To approve the Memorandum of Agreement between

Lloyd Olbricht, the Tribe, and the Bureau of Indian

SPECIAL SESSION

April 17th 2014

Naomi Yazzie, CBC Recording Secretary

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

6 FOR (WN JF, RT,

JSomday, RG, NJ)

1 AGAINST (AJ)

0 ABSTAINED

*Out of the Room (LPH)

6 FOR (WN JF, RT,

JSomday, AJ, NJ)

Page 5

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Affairs, the agreement is to use Lloyd's private well to do

an EQIP project on that will benefit the range unit and all

the permittee's that are currently using this range unit, the

well will be updated and used to pump water into a large

tire watering trough that will be used by the permittee's

and the land owner. Chair or designee is authorized to

sign all pertinent documents.

To approve the 2014's Ps'quosa fishing regulations. The

chairman or designee is authorized to sign all pertinent

documents.

To approve Realty-A&D office to proceed with

requesting timber cruises/appraisals for the land

exchange of equal value whereby Walt Arnold wishes to

exchange his undivided 1997469936/3595445884800

interest within the Christine Simpson Allotment 1011547-2, containing 60.46 acres, more or less (equivalent

to 0.34 acre) and undivided

61683185600/400605157232640000 interest within the

Praxette Allotment 151-H44 containing 80.00 acres more

or less, (equivalent to 0.01 acre). For Tribal Tract 101T3320 containing 5.00 acres more or less. Upon

completion of survey for tribal tract/timber

cruises/appraisals of Lands BIA Realty will re-present

the value of the exchange to the Natural Resource

Committee. Subject to all IRMP coordinator review,

Chairman or designee has authority to sign all pertinent

documents.

To approve Realty-A&D office to proceed with

requesting timber cruises/appraisals for the land

exchange of equal value whereby Duane Johnson wishes

to exchange his 1/1 interest within the Colville Allotment

101-2438-A, containing 50.00 acres, more or less. For

portion of Tribal Tract 101-T3018 containing 96.53 acres

more or less. Upon completion of survey for tribal

tract/timber cruises/appraisals of Lands BIA realty will

re-present the value of the exchange to the Natural

Resource Committee. Subject to all IRMP coordinator

review, chairman or designee has authority to sign all

pertinent documents.

To approve Realty-A&D office to proceed with

requesting timber cruises/appraisals for the land

exchange of equal value whereby Ralph Moses wishes to

exchange his undivided 4/96 interest within the Bertha

Johnson Allotment 101-252-A, containing 80.00 acres,

more or less. (equivalent to 3.34 acre). And undivided

61683185600/400605157232640000 interest within the

Suapkin Allotment 101-350 containing 117.41 acres

SPECIAL SESSION

April 17th 2014

Naomi Yazzie, CBC Recording Secretary

1 AGAINST (RG)

0 ABSTAINED

*Out of the Room (LPH)

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

7 FOR ( WN, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

1 ABSTAINED (JF)

7 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG)

0 AGAINST

1 ABSTAINED (NJ)

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

Page 6

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more or less, (equivalent to .11 acres). Portion within

Tribal Tract 101-T465-A containing 5.00 acres more or

less. Upon completion of survey for tribal tract/timber

cruises/appraisals of Lands BIA realty will re-present the

value of the exchange to the Natural Resource

Committee. Subject to all IRMP coordinator review,

chairman or designee has authority to sign all pertinent

documents.

To approve Realty-A&D office to proceed with

requesting timber cruises/appraisals for the land

exchange of equal value whereby Tony Sorimpt wishes

to exchange his undivided 3/40 interest within the Clara

Sorimpt Allotment 101-1181-A, containing 33.94 acres,

more or less. (equivalent to 2.55 acres) And undivided

420/51840 interest within the Annie Martin Allotment

101-1895 containing 80.00 acres more or less,

(equivalent to .65 acres). and undivided 132/39600

interest within the Parhoomtitsa or Jim Allotment 151WH13 containing 1.94 acres (equivalent to .65 acres).

For Tribal Tract 101-T5636 containing .32 acres more or

less. Upon completion of survey for tribal tract/timber

cruises/appraisals of Lands BIA realty will re-present the

value of the exchange to the Natural Resource

Committee. Subject to IRMP coordinator review,

Chairman or designee has authority to sign all pertinent

documents.

To approve submittal of a formal application to the US

Environmental Protection Agency for partial delegation

of Administrative Authority to Administer Federal Air

Rules for Reservations. Specifically, it is the

recommendation of the Natural Resources Committee to

seek delegation of 49.124 Rule for limiting visible

emissions, 49.131 General rule for open burning, and

49.137 Rule for air pollution episodes. Tribal Chairman

or designee authorized to sign all relevant documents.

To convey to the United States to be held in trust for the

Confederated Tribes of the Colville Reservation,

pursuant to Section 5 of the Indian Reorganization Act of

1934, 25 U.S.C. Section 465, all of the parcels that

comprise the Colville Indian Plywood and Veneer

("CIPV") Property, specifically Assessor Parcel Numbers

1910280000, 200128110, 2001281300, 2001340101,

20013710100, 2001380100, 2001390200, 3326010021,

3326010024, 3326010026, 3326021001, 3326021002,

3426350099, 3426350100, 3426360038, 3426360045,

3426360047, 3426360048, 3426360049, 3426361003,

3426362005, 4550010001, 4550120001, 4550130005,

and 4550130006.

BE IT FURTHER RESOLVED, that we, the Colville

SPECIAL SESSION

April 17th 2014

Naomi Yazzie, CBC Recording Secretary

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

Page 7

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Business Council, acting for and on behalf of the

Confederated Tribes of the Colville Reservation, hereby

requests that the Secretary of the Interior, or her

designated representative, accept conveyance of the

CIPV Property to be held in trust by the United States of

America in perpetuity for the benefit of the Confederated

Tribes of the Colville Reservation; and

BE IT FURTHER RESOLVED, that the Chairman or his

Designee is authorized to sign any related documents.

To approve the attached collaborative agreement between

the US Geological Survey and the Confederated Tribes

of the Colville Reservation for Light Detection and

Ranging Data not to exceed $1,100.00. Funds to come

from QQ Restoration Fund. Chairman or Designee is

authorized to sign.

To approve Womer & Associates contract in the amount

of $182,000.00 for the new Nez Perce Longhouse design

and construction documents with the funding coming

from the insurance settlement with no Tribal dollars.

Chairman or Designee to sign all pertinent documents.

To apply for the ANA Grant under the Tribal

Government section. Whereas, this Grant application

will propose to develop a Regional Master Plan and a

Nespelem Agency Plan in order to Identify and list long

range community goals that deal with land

use/environment/sustainability; Whereas, this Grant

application proposes to develop a Strategic plan based on

goals and objectives set forth in the application in order

to address problematic issues in Land Use and

Development across the Colville Reservation; Whereas,

the Request includes the recommendation to utilize

$194,610.00 of in-kind services to match the request for

$739,869.00 in grant funding to assist with aligning the

Tribes' community development objectives with its

overall land use master plan that will aim to guide the

Tribes over the next 10 years and beyond. Whereas, no

tribal dollars are needed; Whereas, the Tribal Chairman

or authorized representative has the authority to sign all

related paperwork.

To select Walter Arnold, Tribal Member, to the "At

Large" position on the Colville Tribes Land Use Review

Board as called for in Title 4.3 of the Land Use &

Development Code.

This board member will serve a three year term, which

will expire on March 27, 2017. Mr. Arnold's selection

was approved by unanimous vote on the Land Use

Review Board Committee meeting on March 27, 2014.

SPECIAL SESSION

April 17th 2014

Naomi Yazzie, CBC Recording Secretary

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

8 FOR ( WN, JF, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

0 ABSTAINED

7 FOR ( WN, LPH, RT,

JSomday, AJ, RG, NJ)

0 AGAINST

1 ABSTAINED (JF)

Page 8