# COLVILLE CONFEDERATED

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A926b18de76d6f1ed

## Record

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

## Text

COLVILLE CONFEDERATED
TRIBES
COLVILLE BUSINESS COUNCIL
February 17, 2011
SPECIAL SESSION
Resolution Index

Condensed by, Rachel Abrahamson-Sherman, CBC Recording Secretary

Council Members Present:
Delegation/Absent:
Resolution No.

10 sig.
2011-030.m&b

Ernie Williams, Shirley K. Charley, Michael Finley, Sylvia Peasley, Andrew
Joseph, Jr., Doug Seymour, Brian Nissen, Cherie Moomaw, Susie Allen, Harvey
Moses, Ricky Gabriel, Virgil Seymour, John Stensgar
Michael Marchand
Condensed Recommendation Information

to approve the donation request of Jake Palmer to attend the
National Young Leaders State Conference in Seattle, WA.
The amount of $3,076.70 will be paid out of the 1/3 Wells
Dam Elders and Youth Account.

Colville Business Council Vote Tally
10 for (HM, JS, SA, SC, SP, EW, AJ, BN,
RG, MF)
0 Against
0 Abstentions

10 sig.
2011-031.hhs

10 sig.
2011-033.cul

10 sig.
2011-034.cul

10 sig.
2011-036.e&e/m&b

to approve the expanded Services Grant with HERSA for
$199,334 that would provide funding to the Lake Roosevelt
Community Health Centers to expand services and purchase
equipment for the Keller and Inchelium Clinics. NO tribal
dollars identified. Council Chair or designee is to sign all
pertinent documents

10 for (AJ, RG, CM, JS, DS, EW, SP, MF,
BN, VS)

to authorize CCT History and Archaeology to negotiate
language of a Programmatic Agreement for compliance with
Section 106 of the National Historic Preservation Act and all
subsequent documents for Rural Utility Services ARRA
funding to Chelan PUD broadband installation. Due to time
limits associated with ARRA funds, the PA, substitutes for
full Section 106 process. CCT will be signatory to the PA.
ORA will review PA. All items will pass through normal
review processes.
to authorize CCT History and Archaeology to negotiate
scopes of work, budgets, contracts, and curatorial
agreements with the Department of F&W related to the
Beebe Springs Natural Area. History and Archaeology
administers preservation programs and assists federal
agencies to comply with cultural resource laws per
Resolution 1996-29. All Contracts and agreements will go
through the appropriate reviews and administrative
processes.
to approve the Bureau of Indian Education Early Childhood
Special Education Contract part B 3-5 year old program in
the amount of $150,380 and Part C birth to 2 year old

10 for (SP, HM, SC, VS, SA, CM, DS, EW,
JS, RG)

Special Session February 17, 2011

0 Against
0 Abstentions

0 Against
0 Abstentions

10 for (SP, HM, SC, VS, SA, CM, DS, EW,
JS, RG)
0 Against
0 Abstentions

10 for (BN, DS, SP, CM, VS, JS, EW, SC,
HM, RG, SA)

Page 1

10 sig.
2011-047.nrc/m&b

10 sig.
2011-048.hhs

10 sig.
2011-049.nrc/m&b

10-Signature
2011-050.nat/m&b

program in the amount of $81,500 for a total of $231,880 for
fiscal year 2011. These funds are to use to provide early
intervention and disability service to all children that are
eligible and/or enrolled in Head start program as well as to
refer families to other agencies as needed.
to Approve the agreement between Bonneville Power
Administration and Colville Tribes Parks and Recreation
program for contract #00050459 2008-106-00 EXP ESA law
Enforcement for the period December 1, 2010 to November
30, 2012 in the amount of $263,480.00. The contract
replaces ESA contract #0040848 which expired November
30, 2010, Res. #2009-177. The purpose of this contract is to
enhance the Colville Tribes existing law enforcement
program to increase protection of the upper Columbia spring
Chinook and Steelhead and their habitats on the Okanogan
River

0 Against

Approve the attached CITGO-Venezuela Heating Oil
Program Tribal Application 2011 and to authorize the
Chairman or his designee to sign the application.

10 FOR (AJ, BN, RG, CM, DS, SP, MF, SC, SA,
HM)

Approve the good faith donation from PCL
Construction Services, Inc. in the amount of $1,000.00
to assist tribal member families in need during the
Holidays. No tribal dollars required.
Approve the good faith donation from Tetra Tech in the
amount of $1,000.00 to assist tribal member families in
need during the Holidays. No tribal dollars required.

0 Abstentions

10 For (JS, MF, BN, AJ, CM, SP, RG, HM,
DS, SC)
0 Against
0 Abstained

0 AGAINST
0 ABSTAINED
10 FOR (SP, SC, HM, MF, RG, CM, DS, SA, BN,
AJ)
0 AGAINST
0 ABSTAINED
10 FOR (SP, SC, HM, MF, RG, CM, DS, SA, BN,
AJ)
0 AGAINST
0 ABSTAINED

10-Signature
2011-051.nat/m&b

10-Signature
2011-052.nat

10-Signature
2011-053.cult

Support the request of the Fish and Wildlife
Department to pursue a loan with the Northwest Native
Development Fund for the purpose of remodeling the
Fish and Wildlife Department's Inchelium facilities,
formally the old Inchelium Clinic.
The NNDF is currently putting together a funding
package in an attempt to provide between $200,000.00
and $250,000.00. While we cannot at this time predict
what the exact interest rates will be should the
application process be successful, the NNDF is
attempting to provide the funding for an estimated 68% (percent) interest with a term of 5 (five) years.
Chairman or designee is authorized to sign all related
documents.
Approve the attached FY 2011 budget for 312011Tribal Fish Hatchery Project which includes a preaward of $116,953.00 and adding the remainder of
funding in the amount of $2,689,886.00 for a total
award of $2,806,839.00. The Chairman and/or designee
is authorized to sign all or any related documents.
Approve the purchase of beaded items from Wilfred
Thomas. Items to be purchased at values appraised by
the History/Archaeology department. Purchase amount

Special Session February 17, 2011

10 For (JS, MF, BN, AJ, SP, RG, HM, SA,
VS, SC)
0 Against
0 Abstentions

10 FOR (JS, MF, BN, AJ, CM, SP, RG, HM, SA,
VS)
0 AGAINST
0 ABSTAINED

10 FOR (SP, RG, CM, MF, SA, DS, BN, AJ, VS,
MF)
0 AGAINST

Page 2

10-Signature
2011-054.edu

10-Signature
2011-055.nat/m&b

10-Signature
2011-056.m&b
10-Signature
2011-057.com/m&b

10-Signature
2011-058.com

10-Signature
2011-059.nat

not to exceed $200.00. Funds to come from CBC Gift
account. Chairman and/or designee is authorized to sign
all pertinent documents.
Amend the TANF Federal Plan to change page 10,
paragraph 2 "Cash assistance will be provided using a
matrix developed by the Colville Tribal TANF." Due to
the State reducing cash grants by 15%, CCT TANF will
no longer follow the State matrix. NO TRIBAL
DOLLARS. Approve Tribal Chairman or designee to
sign all pertinent documents.
Approve the attached budget award for the 911311Rufus Woods Redband Project in the amount of
$165,137.00 and authorize the Chairman and/or his
designee to sign contract and all or any related
documents. Funded by BPA, no Tribal dollars.
Approve the attached Interim Executive Director
contract with Mary S. Hall and authorize Chairman or
designee to sign all necessary documents.
Allow the Energy Program to seek support to authorize
the Colville Tribes Solar and Bio-Fuels Project. The
grant funding will support the installation of solar
panels and energy efficiency at the Fish & Wildlife
building and the Hearts Gathered School near Paschal
Sherman for $162,350.00, and support of the bio-fuels
project in the amount of $162,350.00 for a total grant
amount of $324,700.00. The Colville Tribal Energy
Program has $163,500.00 in-kind funding through
salaries and work to be done, for a total project cost of
$488,200.00. This grant proposal is authorized and the
Tribal Chairman or designee is authorized to sign all
application documents.
Approve the contract renewal with Schaff & ClarkDeschene, LCC. Vendor provides consultation to the
Tribal Energy Program Re: Development of Tribal
renewable energy resources. The funds ($50,000.00)
are to come out of the program's Tribal account. The
Chairman or designee is authorized to sign contract
documents.
Approve the attached FY 2011 budget for 312310 Chief Joseph Educational & Employment which
included a preaward of $90,000.00 and adding the
remainder of funding in the amount of $156,473.00 for
a total award of $246,473.00 and authorize the
Chairman and/or designee to sign contract and all or
any related documents. Funding has been secured by
BPA and there are no tribal dollars utilized.

Special Session February 17, 2011

0 ABSTAINED

10 FOR (BN, MF, SC, SA, SP, RG, HM, CM, AJ,
JS)
0 AGAINST
0 ABSTAINED

10 FOR (JS, MF, AJ, CM, SP, RG, BN, HM,
VS, JS)
0 Against
0 Abstentions
10 FOR (HM, CM, SC, SP, DS, SA, MM, AJ, VS,
BN)
0 AGAINST

0 ABSTAINED

10 FOR (EW, CM, HM, AJ, MF, BN, VS, SA, JS,
DS)
0 AGAINST
0 ABSTAINED

10 FOR (EW, RG, MF, SA, AJ, BN, JS, DS, CM,
SP)
0 AGAINST
0 ABSTAINED

10 FOR (MF, JS, BN, DS, AJ, EW, SP, CM, VS,
MM)
0 AGAINST
0 ABSTAINED

Page 3

10-Signature
2011-060.nat

10-Signature
2011-061.nat

10-Signature
2011-062.hhs/m&b

10-Signature
2011-063.hhs/m&b

10-Signature
2011-064.hhs

10-Signature
2011-065.l&j
10-Signature
2011-066.l&j

10-Signature
2011-067.nat

Approve the attached FY 2011 budget for 316611 Okanogan Sub-basin Project in the funding amount of
$2,419,983.00 and authorize the Chairman and/or
designee to sign contract and all or any related
documents. Funding has been secured by BPA and
there are no tribal dollars utilized.
Approve the attached FY 2011 budget for 321011 Upper Columbia Resident Fish Stock Project in the
funding amount of $76,000.00 and authorize the
Chairman and/or designee to sign contract and all or
any related documents. Funding has been secured by
BPA and there are no tribal dollars utilized.
Support the Nespelem School Summer Tour 2011 in the
amount of $10,000.00 matching the funds that have
been raised by the students. Funds to come from the
Youth and Elders Wells Dam account. Chairman or
designee authorized to sign any pertinent documents.
Approve the purchase of a Ford E-350 Cutaway Chassis
Supreme Senator 20' Van for the Colville Tribal
Convalescent Center from Wendel Ford for the unit
price of $51,233.00 plus license fees of $150.00.
Delivery date of a maximum of thirty (30) days after
receipt of purchase order. Funding to come out of the
Wells Dam 1/3 Elders and Youth account. Chairman or
designee authorized to sign all relevant documents.
Approve the CCT Suicide Core Team application and
submission of the CCT proposal for the SAMHSA
State & Tribal Suicide Prevention Grant (SM-11-001)
in the amount of $1,377,000.00 for three (3) years; as
Colville Business Council acknowledges that Suicide
prevention and early intervention is a priority; no tribal
monies are required; and authorize the chairman or
designee to sign all pertinent documents.
Appoint Judge Conrad Pascal of the Spokane Tribe, to
serve as Pro Tem Judge for the Colville Tribes Tribal
Court. Chairman or designee has signing authority.

10 FOR (MF, JS, BN, DS, AJ, EW, CM, VS, SP,
MM)

Approve the attached request for BIA trust resources
for attorney fees in the Teck Cominco case in the
amount of $264,375 to assist in payment of legal costs
for Teck Cominco litigation, Chairman or designee
authorized to sign all relevant documents.

10 FOR (SC, SA, SP, RG, AJ, EW, HM, DS, BN,
JS)

Approve the Fish & Wildlife’s request that the Colville
Business Council Chair signs a confidentiality agreement
relating to a Ninth Circuit Court of Appeals mediation
process in which CCT F&W staff propose to participate on
behalf of the Tribes in order to protect the reserved fishing
rights of the Wenatchi Tribe, the Committee recommends
that the CBC authorize the Chair or his designee to sign the
said confidentiality agreement. No Tribal dollars attached.

10 FOR (JS, RG, BN, AJ, SA, DS, SP, MM, HM,
VS)

Special Session February 17, 2011

0 AGAINST

0 ABSTAINED

10 FOR (MF, JS, BN, DS, AJ, EW, VS, SP,
MM, JS)
0 Against
0 Abstentions
10 FOR (AJ, BN, SC, SP, RG, EW, VS, MM, JS,
DS)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, BN, CM, RG, SP, EW, SA, HM, JS)
0 AGAINST
0 ABSTAINED

10 FOR (AJ, EW, CM, BN, MF, HM, RG, SP, SA,
DS)
0 AGAINST
0 ABSTAINED

10 FOR (SC, VS, CM, SA, AJ, MF, EW, BN, JM,
RG)
0 AGAINST

0 ABSTAINED

0 AGAINST
0 ABSTAINED

0 AGAINST
0 ABSTAINED

Page 4

10-Signature
2011-068.edu

Approve the DSHS Division of Child Support (DCS) Indian Nation Program Agreement - Federal Offset
Certification. This agreement is necessary in order to
provide Federal Offset Certification action on cases
involving Tribal Child Support or Tribal Temporary to
Needy Families (TANF) Program. This agreement
expires on December 31st 2013. The Chairman or
designee is authorized to sign.

10 For ( BN, CM, EW, RG, AJ, DS, SP, MF,
SC, JS)
0 AGAINST
0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)

2011-069.gov
Relinquishment: James Lee Jim
2011-070.gov

0 AGAINST

0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)

Relinquishment: Shannon Erin Lezard

0 AGAINST

Adopt: Misty Dawn Bray

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM, JS
RG, VS)
0 AGAINST
0 ABSTAINED
12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)

Adopt: Noah Xzavier Wilder

0 AGAINST

0 ABSTAINED

2011-071.gov

2011-072.gov

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)

2011-073.gov
Adopt: Samaya Crystal-Lynn Ervin

Adopt: Justin Wayne Kaufman

0 ABSTAINED

0 AGAINST

0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)

2011-075.gov
Adopt: Margarita Mae Olivares

0 AGAINST

0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)

2011-076.gov
Adopt: Logan Joseph Cate

0 AGAINST

0 ABSTAINED

11 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
VS, JS)

2011-077.gov

2011-079.l&j

0 AGAINST

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)

2011-074.gov

2011-078.m&b

0 ABSTAINED

Adopt: Peyton Joan Laramie

0 AGAINST

Approve a loan in the amount of $1.875 million to the
Colville Tribal Federal Corporation for the purposes of
completion of construction of the "Tribal Trails" CStore, the terms to be agreed upon by the parties, and
funds to be taken from the Wells Dam Economic
Development Account, and authorize the Chairman or
designee to sign all relevant documents.
Approve the attached MOU between the Okanogan
School District and the Colville Confederated Tribes of
the Colville Reservation Attendance Program.
Chairman or designee is authorized to sign all pertinent
documents.

8 FOR (EW, SC, SP, AJ, DS, HM, RG, JS)

Special Session February 17, 2011

1 ABSTAINED (RG)

3 Against (SA, VS, CM)
0 Abstentions

11 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, JS)
0 AGAINST
0 ABSTAINED

Page 5

2011-080.l&j/m&b

2011-081.hhs

2011-082.hhs

2011-083.com

2011-084.com/m&b

Approve the attached modification to the attached
contract with Linda Pierce, Public Safety Director,
reducing hours, pay and other benefits and providing
for a five-day notification of termination by either party
and eliminating severance pay, per request of Linda
Pierce. Chairman or designee to sign all relevant
documents.
The Colville Business Council approves the CY11 State
Interlocal Agreement between the State of Washington,
DSHS, Aging & Disability Services Administration and
the Confederated Tribes of the Colville Reservation in
the amount of $120,681.00 for the Colville Indian Area
Agency on Aging Program for the period of January 1,
2011 to December 31, 2011. Chairperson or designee
has authority to sign all necessary documents. Match
funds to come from Wells Dam 1/3 Youth/Elders
account.
The Colville Business Council approves the AAA
MIPPA Agreement between the State of Washington,
DSHS, Aging & Disability Services Administration and
the Confederated Tribes of the Colville Reservation in
the amount of $987.00 for the Colville Indian Area
Agency on Aging Program for the period of October 1,
2010 to September 30, 2012. Chairperson or designee
has authority to sign all necessary documents.
Place the Radio Station Project under the Community
Development Committee as a Program, and that
program reports be made through that Committee.
AMENDMENT: To change the title from “Radio
Station Program" to "Radio Station Project".
The Department of Commerce has a funding
opportunity available through the NRIA for its PTFP;
and, WHEREAS, PTFP provides up to 75% of eligible
project costs for a broadcast station project of the total
projected amount and the remaining 25% will be made
up with in-kind contributions from the Tribe and
through private foundations that support Native
American communications and education projects.
THEREFORE, BE IT RESOLVED, it is the
recommendation of the joint Community
Development/Management & Budget Committees to
approve the preparation of an application for grant
funds and direct the Executive Director to modify the
contract with SparrowHawk Consulting Company for
$7,224.00 for Professional Services and related travel
costs with funds coming from the 1/3 Wells Dam
Economic Development Funds to prepare the
application for the FY2011 PTFP. The Chair or

Special Session February 17, 2011

10 FOR (EW, SC, SP, AJ, DS, BN, SA, HM, RG,
JS)
1 AGAINST (CM)
0 ABSTAINED

10 FOR (SC, SP, AJ, DS, BN, CM, SA, HM, RF,
JS)
0 AGAINST
1 ABSTAINED (EW)

10 FOR (SC, SP, AJ, DS, BN, CM SA, RG, VS,
JS)
0 AGAINST
0 ABSTAINED

9 FOR (EW, AJ, DS, BN, CM, SA, RG, VS, JS)
2 AGAINST (HM, SC)
0 ABSTAINED

8 FOR (EW, AJ, DS, BN, CM, SA, RG, VS)
4 AGAINST (SC, SP, HM, JS)
0 ABSTAINED

Page 6

designee is authorized to sign all pertinent documents.
2011-085.com

2011-086.m&b/com

2011-087.com/m&b

2011-088.com/m&b

Nominate Deanna Heath as a tribal representative to
assist WSDOT with reviewing grants for the Public
Transportation Division's Consolidated Grant Program.
Upon successful selection authorize Deanna Heath to
participate in the Consolidated Grant Program selection
committee. Chairman or designee to sign all related
documents.
The Tribes adopted the Colville Integrated Solid Waste
Management Plan (ISWMP) in January , 2009 and
WHEREAS, the plan calls for the cap and closure of an
open dump site at Nespelem and the improvement of
that transfer station; and WHEREAS, funding to help
pay for the implementation of that portion of the Plan is
available from the EPA, IHS and other federal agencies
with a Tribal contribution; THEREFORE BE IT
RESOLVED, that the joint Management &
Budget/Community Development Committees
recommend to the Colville Business Council that up to
$428,476.00 be committed toward the $1.4 million cost
for this project with funds coming from the 1/3 Wells
Dam Economic Development Fund. Chairperson or
designee has authority to sign all pertinent documents.
The Tribes adopted the Colville Integrated Solid Waste
Management Plan (ISWMP) and approved Alternative
three (3) which includes Cap & Closure and transfer
center upgrades to the Nespelem Solid Waste Dump
Site; and, WHEREAS, the Tribes have committed up to
$428,476.00 to use as matching loan/grant funds
towards this project. THEREFORE BE IT
RESOLVED, it is the recommendation of the joint
Community Development/Management & Budget
Committees to direct the Executive Director to modify
the contract with SparrowHawk Consulting Company
for $12,260.00 for Professional Services and related
travel costs with funds coming from the 1/3 Wells Dam
Economic Development Fund to research, update, and
prepare the loan/grant application with the USDA to
fund this project. Chairman or designee authorized to
sign all pertinent documents.
The EPA has a funding opportunity available through
the 2011 TSWMAP to provide grant dollars of
approximately $150,000.00 over a 12-month period
(with no match) to close, clean-up and/or upgrade open
dump(s); THEREFORE BE IT RESOLVED, it is the
recommendation of the joint Community
Development/Management & Budget Committees to

Special Session February 17, 2011

9 FOR (EW, AJ, DS, BN, CM, SA, RG, VS, JS)
3 AGAINST (SC, SP, HM)
0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED

9 FOR (EW, AJ, DS, BN, CM, SA, RG, VS, JS)
3 AGAINST (HM, SC, SP)
0 ABSTAINED

8 FOR (EW, AJ, DS, BN, CM, SA, RG, VS)
4 AGAINST (HM, SP, SC, JS)
0 ABSTAINED

Page 7

2011-089.com

2011-090.com

2011-091.com

2011-092.com

direct the Executive Director to modify the contract
with SparrowHawk Consulting Company for
$11,915.00 and related travel fees, to prepare the
application to the EPA 2011 Tribal Solid Waste
Management Assistance Project with funds coming
from the 1/3 Wells Dam Economic Development
Funds. Chairman or designee authorized to sign all
pertinent documents.
Approve the Transfer Agreement for Indian Health
Service Project PO-06-K51, rehabilitation of the
Nespelem WWTP. The IHS proposes to transfer,
assign, and convey to the Colville Confederated Tribes,
without a money consideration, and under the terms and
conditions set forth in the MOA and the Project
Summary, as amended, all the rights, title, and interest
of the IHS under this project in all community facilities
and appurtenances constructed by the IHS.
To approve and sign the Transfer Agreement (TA) for
Indian Health Service Project PO-06-K51 on the
Colville Indian Reservation and authorize the
Chairperson of the Colville Business Council or
authorized designee to sign all pertinent documents.
Designate Jason Palmer as the primary delegate to the
Washington Indian Transportation Policy Advisory
Committee and authorize Jason Palmer to accept the
appointment of the Washington Indian Transportation
Policy Advisory Committee Executive Board
Chairman. Chairman or designee to sign all related
documents.
Concur with CIHA Board of Commissioner Resolution
2011-010 reappointment of Dena R. Timentwa, as
Omak District Representative. In accordance to Chapter
11-2 Colville Indian Housing Authority, Section 11-222 and Section 4, CIHA Constitution & By-Laws the
term of office shall be four years. The term of
appointment shall be March 1, 2011 to February 28,
2015. No tribal funds involved. Chairman or designee is
authorized to sign pertinent documents.
Concur with CIHA Board of Commissioner Resolution
2011-009 reappointment of Walter F. Arnold, as Keller
District Representative. In accordance to Chapter 11-2
Colville Indian Housing Authority, Section 11-2-11 and
Section 4, CIHA Constitution & By-Laws the term of
office shall be four years. The term of appointment
shall be March 1, 2011 to February 28, 2015. No tribal
funds involved. Chairman or designee is authorized to
sign pertinent documents.

Special Session February 17, 2011

11 FOR (EW, SP, AJ, DS, BN, CM, SA, HM, RG,
VS, JS)
1 AGAINST (SC)
0 ABSTAINED

11 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
VS, JS)
0 AGAINST
0 ABSTAINED

10 FOR (EW, SC, SP, DS, BN, CM, SA, HM, VS,
JS)
0 AGAINST
0 ABSTAINED

10 FOR (EW, SC, SP, DS, BN, CM, SA, HM, VS,
JS)
0 AGAINST
0 ABSTAINED

Page 8

2011-093.com/m&b

2011-094.com

2011-095.com/m&b

2011-096.cult

HUD has a funding opportunity available through the
2011 Rural Innovation Fund Program for economic
development projects up to $800,000.00 with no match
requirement; and WHEREAS, the Tribes' Economic
Development Projects are eligible to apply.
THEREFORE, BE IT RESOLVED, it is the
recommendation of the joint Community
Development/Management & Budget Committees to
direct the Executive Director to modify the contract
with SparrowHawk Consulting Company for
$19,855.00 and related travel fees, to prepare the
application to the HUD Rural Innovation Fund Program
with funds coming from the 1/3 Wells Dam Economic
Development Fund. Chairman or designee authorized to
sign all pertinent documents.
Approve the energy program to submit a USDA Forest
Service proposal for FY 2011 in the amount of
$401,500.00. The grant will provide the preliminary
engineering used to begin the environmental permitting
for a 40 megawatt woody biomass power plant in
Omak, Wa. The project includes a grant of $230,000.00
from USDA and a $171,500.00 inkind match by the
Colville Tribal Energy Program. The CCT conduct
energy program with tribal professional staff and
private consultants. The Tribal Chairman/designee is
authorized to sign the application documents.
Adopt a measure for timelier close in sales, in order to
provide for more flexibility in the advertised sale of the
Colville Tribe's share of Wells Dam Power (authorized
by Resolution 2011-045). The Chairman of the
Business Council, the Chairman of the M&B
Committee and Chairman of the Community
Development Committee are provided authority to
close a given sale of the Tribe's share of Wells Dam
power, pursuant to a particular request for proposal.
Once all three approve of the sale (in writing), the
Chairman is authorized to sign the Douglas County
PUD Fourth Amendment of Power Sales Service
Agreement.
Approve the CCT submit a joint intertribal repatriation
claim with the confederated Tribes of the Umatilla
Indian Reservation, the Confederated Tribes of the
Warm Springs Reservation of Oregon, the
Confederated Tribes and Bands of the Yakima
Reservation and the Wanapum Band for any and all
NAGPRA cultural items and human remains from our
traditional territories that are in the collection of the
Slater Museum of Natural History, University of Puget
Sound, Tacoma, Washington. This authorizes the

Special Session February 17, 2011

9 FOR (EW, AJ, DS, BN, CM, SA, RG, VS, JS)
3 AGAINST (SC, SP, HM)
0 ABSTAINED

10 FOR (EW, SC, SP, AJ, DS, BN, CM DS, HM,
JS)
0 AGAINST
0 ABSTAINED

10 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
JS)
0 AGAINST
0 ABSTAINED

11 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS)
0 AGAINST
0 ABSTAINED

Page 9

Chairperson or designee to sign all documents related to
this matter.
2011-097.cult

2011-098.m&b

2011-099.cult

2011-100.m&b

2011-101.m&b/l&j

2011-102.m&b

Appoint Guy Moura, TCP Coordinator for the Colville
Confederated Tribes History/Archaeology Program to
serve on the Okanogan County Historical Society
Board. In the event Mr. Moura is not available to attend
a meeting, Brent Martinez, an Archaeologist for the
CCT History/Archaeology, will be the first alternate
and Jennifer Ferguson, Technician with the CCT
History/Archaeology & Tribal Museum will be the
second alternate. This authorizes the Chairperson or
designee to sign all documents related to this matter.
Donate $3,500.00 to the Caribou Trail Junior Rodeo
Association. The funds will be used for the year end
awards. Funds to be disbursed from the Wells Dam
Youth & Elder Account. This will be an annual
budgeted event. Chairman or designee authorized to
sign all pertinent documents.
Approve research Permit 2011-02. Timothy A. Nitz.
Following years of planning between the NPS and
Tribal partners, we are now in the fabrication stage of
preparing the visitor center exhibits at Big Hole
National Battlefield. The exhibits focus upon the Nez
Perce experience at the battlefield in 1877 and its
continuing relevance and significance of those events to
families and Nez Perce communities today. Portions of
the exhibits will include audio "listening stations"
where visitors can hear current descendents reflect.
Exhibits will also include portraits of some of the
interviewees and textual transcriptions of some of the
interviews. Mr. Timothy A. Nitz will adhere to the
Research Ordinance and will provide copies to the
CBC, and Archives & Records. $22.00 an hour at least,
recommended to pay the informants. Mr. Timothy Nitz
has until April 1, 2011 to complete the research. Failure
to comply with the Research Ordinance may result in
action in Colville Tribal Court.
Amend Resolution 2010-886 to extend the continuing
resolution for the 2011 Tribal Budget from February 1,
2011 to March 31, 2011. The Chair or designee is
authorized to sign all necessary documentation to carry
out the intent of this recommendation.
Direct Administration not to cut the ORA Litigation
Budget in any budgetary cycles unless authorized by
the full Colville Business Council.
To support sending Tribal Elders from the Nespelem,
Omak, Inchelium and Keller Districts to the Celebrating
Salish 2011 Conference held at the Northern Quest

Special Session February 17, 2011

10 FOR (EW, SC, SP, AJ, DS, BN, CM, HM, RG,
VS)
0 AGAINST
1 ABSTAINED (SP)

11 FOR (EW, SC, SP, SJ, DS, BN, SA, HM, RG,
VS, JS)
1 AGAINST (CM)
0 ABSTAINED

11 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS)
0 AGAINST
0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED
12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST

0 ABSTAINED

11 FOR (EW, SC, SP, AJ, DS, BN, SA, HM, RG,
VS, JS)
1 AGAINST (CM)

Page 10

2011-103.m&b

Casino March 9, 2011 through March 11, 2011. A list is
currently being compiled by the Employment &
Training Program and once the list is completed it will
be forwarded to the CBC Support Staff to assist with
per diem and lodging. Chairman or designee authorized
to sign all pertinent documents. Funds to come from the
1/3 Wells Dam Elder & Youth account.
Approve the Premera Blue Cross contract, as there is no
increase in funds from last year.

2011-104.m&b

Approve the Symetra Medical Re-Insurance contract for
2010-2011.

2011-105.cult/m&b

Approve funding for the Colville Tribal Museum for
the construction and design of a handicap entrance to
the museum gallery and gift shop. Funding will come
from the State of Washington Water Resources
Management Agreement in the amount of $500,000.00
and budget will be modified accordingly. This
authorizes the Chairman or designee to sign all
documents related to this project.
Approve funding for the Colville Tribal Museum for
the completion of the fabrication and design of the
museum gallery. Funding will come from the State of
Washington Water Resources Management Agreement
in the amount of $50,000.00 and budget will be
modified accordingly. This authorizes the Chairman or
designee to sign all documents related to this project.

2011-106.cult/m&b

2011-107.cult/m&b

2011-108.nat/m&b

2011-109.nat

0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED
12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED
11 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS)
0 AGAINST
0 ABSTAINED

11 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS)
0 AGAINST
0 ABSTAINED

Approve funding for the Colville Tribal Museum to acquire
three oil paintings and twelve sketches related to the
Nespelem Art Colony collection. The paintings and sketches
will be accessioned into the Museum’s collection and will be
exhibited for educational and tribal history purposes for the
public and Tribal members. Funding will come from the
State of Washington Water Resources Management
Agreement in the amount of $7,908.00 and budget will be
modified accordingly. This authorizes the Chairman or
designee to sign all documents related to this matter.

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)

Allow the Colville Confederated Tribes to apply for a
USDA Conservation Innovation Grant to develop a
protocol that will enable tribes to participate in the
forest carbon sequestration market and to then conduct
a feasibility study on the Colville Reservation piloting
the use of the protocol. Finite Carbon and EcoAnalytics
will be the companies that will be conducting and
developing these protocols and procedures in
compliance with the grant on behalf of the Colville
Tribes. This authorizes all pertinent documents to be
signed by Chairman and/or his designee.
Approve the delegation of Colette Adolph, Realty
Specialist, Fish & Wildlife Department as authorized

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)

Special Session February 17, 2011

0 AGAINST
0 ABSTAINED

0 AGAINST
0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED

Page 11

2011-110.nat

2011-111.nat

2011-112.nat

2011-113.nat

2011-114.nat

2011-115.nat
2011-116.nat/m&b

2011-117.nat

representative to sign the Public Purpose Segregation
Form.
Amend CBC Resolution 2010-072 to include Colette
Adolph, Realty Specialist, designated to represent the
Colville Tribes in the acquisition of BPA funded fee
lands for mitigation purposes.
Approve the delegation of Colette Adolph, Realty
Specialist, Fish & Wildlife Department as authorized
representative to sign the Declaration of Tribal Land
Used for Essential Government Services Form.
Approve the full award 310011 Chief Joseph Kokanee
Enhancement Project in the amount of $473,370.00
from January 1, 2011 through December 31, 2011. No
tribal dollars required. This authorizes the Chairperson
or his designee to sign all pertinent documentation.
Approve the 816111 Supplemental Screw Trap funding
in the amount of $41,078.00 with the Chelan County
PUD from March 15, 2011 to April 30, 2011. No tribal
dollars required. This authorizes the Chairperson or his
designee to sign all pertinent documentation.
Approve the updated and revised 2011 Fish & Wildlife
Organizational Chart (attached) to the Colville Business
Council. This approval will rescind any prior
resolutions of organizational chart authorizations. This
Chart was developed by F&W staff and reflects F&W's
current funding availability and staffing and
organizational needs. Therefore it is the
recommendation of the Natural Resources Committee
to approve the revised Organizational Chart as
presented. Chair or designee authorized to sign all
pertinent documents. No Tribal dollars attached.
CONFIDENTIAL
In 2006 the Natural Resource Conservation Service
(NRCS) awarded CCT-Forestry $58,457.64 to enhance
the water quality in the Upper Gold Creek drainage by
installing 4 large culverts. CTRC purchased and
installed the culverts. NRCS approved & reimbursed
CCT-Forestry (Cost Center #1041.63410). WHEREAS,
it is the recommendation of the joint Natural
Resource/Management & Budget Committees to have
forestry reimburse CTEC for the cost of this operation
as invoiced in the amount of $58,457.64 from Cost
Center #1041.63410. The Chairman or his/her designee
is authorized to sign all pertinent documents.
Rescind tribal resolution no. 2008-553 and no. 2003432 in their entirety regarding Home Site Lease No. 0369 on Tribal Tract No. 101-T109, described as: a
portion of the E1/2 SE1/4 SE1/4 SE1/4, Section 24,

Special Session February 17, 2011

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED
12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED
12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED
12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED
12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, SA, HM, RG,
VS, JS)
1 (CM) AGAINST
0ABSTAINED
12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED

Page 12

2011-118.nat

2011-119.nat

2011-120.nat

2011-121.nat/m&b

Township 32 North, Range 30 East, Willamette
Meridian, Okanogan county, Washington containing
5.00 acres, more or less. Chairman or designee to sign
all pertinent documents.
Approve the BPA contract purchase/land acquisition of
the Leslie property. It has been determined this 5.87
acre piece of property located within tax parcel
#8830600200 short legal description: Lot 2 HarrisJeffers short plat #1 in Okanogan County meets the
goal of protecting the Salmon Creek corridor for the
Colville Tribes Fisheries enhancement projects. The
Colville Tribe is authorizing the purchase of the
property in the amount of $176,000.00 with a projected
closing date of March 31, 2011 or sooner. Funds for the
purchase of the property and allowable closing costs to
be disbursed by BPA under mitigation purchase MOA
between the Colville Tribes and FCRPS Action
Agencies, no Tribal dollars expended. Upon purchase,
property to be immediately transferred from fee to trust
status. Chairperson or designee to sign all pertinent
documents and legal instruments.
Rescind tribal resolution no. 2005-477 in its entirety
regarding pasture lease fee property, described as:
NE1/4 SW1/4 SE1/4 NW1/4 E1/2SW1/4 E1/2 SW1/4
NE1/4 SW1/4 SW1/4 NE1/4 S1/2 NW1/4 NE1/4 of
Section 25, Township 31 North, Range 30 East,
Willamette Meridian, Okanogan County, Washington,
containing 115.00 acres, more or less. There was no
valid lease presented for signature by Leasing Dept.
Chairman or designee to sign all pertinent documents.
Approve a Home Site Lease no. 10-151 to Lisa
Denobrega for Tribal Tract No. 101-T5333 (por)
described as: A portion south of Buffalo Lake Rd, the
S1/2 SW1/4 of Section 10, Township 29 North, Range
31 East Willamette Meridian, Okanogan County,
Washington, containing 5.00 acres more or less.
TERM: 25 years, from date of approval, with the
option to renew for additional 25 years, upon good
standing.
Compensation: $250.00 per annum, subject to Fair
Market Rental.
Approve the good faith donation from D.J. Warren &
Associates, Inc. in the amount of $100.00 to assist tribal
member families in need. No tribal dollars required.

Special Session February 17, 2011

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST
0 ABSTAINED

12 FOR (EW, SC, SP, AJ, DS, BN, CM, SA, HM,
RG, VS, JS)
0 AGAINST

0 ABSTAINED

Page 13

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A926b18de76d6f1ed. Public record. Not legal advice.