COLVILLE CONFEDERATED TRIBES (2023)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

September 7th, 2023

Resolution Index

Condensed by, Raylene Ensminger, Executive Office Assistant

Present:

Jarred-Michael Erickson, Karen Condon, Cindy Marchand, Patrick Tonasket,

Norma Sanchez, Dustin Best, Shar Zacherle, Roger Finley, Joseph Somday (present

at 2:17pm), Alison Boyd-Ball, Steve Carson

Delegation/Leave:

Andrew Joseph Jr., Cody Peone, Mel Tonasket

Resolution No.

2023-649.nrc

10 Signature

2023-650.tg

10 Signature

Condensed Recommendation Information

Colville Business Council

Vote Tally

In acting upon fee to trust application submitted by the

Confederated Tribes of the Colville Reservation, the Bureau

of Indian Affairs (BIA) requires the Colville Business Council

will commit to an Indemnification Agreement for the Coulee

House fee to trust process. Attached: Indemnification

Agreement. Chairman or designee has authority to sign all

pertinent documents.

10 FOR (JS, CP, SZ, SC,

PT, RF, DB, CM, KC, NS)

To delegate authority to Richard C. Tonasket to certify the 16

Assurances outlined in the Low Income Home Energy

Assistance Act of 1981.

0 AGAINST

0 ABSTAINED

Rationale: Time sensitive –

advanced fee to trust

application to address the

preliminary title opinion

objections

10 FOR (KC, DB, MT, SC,

CM, JME, JS, NS, AJ, SZ)

0 AGAINST

0 ABSTAINED

2023-651.tg

10 Signature

To authorize Cindy Marchand to apply and if selected accept

a position on the Colville Resource Advisory Committee.

Rationale: Due September

1st, 2023

11 FOR (AB, NS, CP, JS,

SC, RF, AJ, JME, PT, SZ,

MT)

0 AGAINST

0 ABSTAINED

2023-652.cul.nrc

10 Signature

To authorize the chairman to sign and submit the attached

federal comment letter regarding the implementation of the

Indian Arts and Crafts Act.

Rationale: Timelines

10 FOR (JS, CM, CP, JME,

NS, RF, AJ, PT, SZ, SC)

0 AGAINST

0 ABSTAINED

Rationale: Responsive to

request and episode

Special Session

September 7th, 2023

Raylene Ensminger, Executive Office Assistant

Page 1 of 7

planning needs to start

ASAP

10 FOR (CM, CP, JS, NS,

RF, JME, PT, SZ, SC, MT)

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10 Signature

0 AGAINST

0 ABSTAINED

Rationale: Due tomorrow.

2023-654.fish

10-Signature

CONFIDENTIAL

11 FOR (JS, NS, SZ, RF,

AJ, KC, JME, AB, MT, SC,

CP, CM)

0 AGAINST

0 ABSTAINED

2023-655.hhs

CONFIDENTIAL

Rationale: Timelines must

be done by Friday

9 FOR (SC, PT, AB, CM,

KC, RF, SZ, DB, NS)

0 AGAINST

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To accept amendment number two (2) to the Washington

State Department of Health FY 23 Contract TRB27699. This

amendment increases the WIC contract amount by $56,452.

Funds are allocated as follows: $1,500 for travel and training,

$642 for the Farmer's Market Nutrition Program and $54,310

for the Breastfeeding Peer Counselor Program. Chairman or

designee to sign all required documents.

To approve Amendment Number 5 to IHS Contract

Number 248-96-0001; amendment necessary to adjust for

fully negotiated and executed lease agreements to carry out

programs, functions, services and activities pursuant to section

105(I) of the Indian Self Determination and Education

Assistance Act, 25 USC Sec. 5324(1) for the following:

Lease Number IHS-CTCR-2023-595 Omak Tribal

Health Building

617 S. Benton St. Omak WA $1,503

Lease Number: IHS-CTCR-2023-596 Tribal

Behavioral Health Building

25C Mission Rd, Omak, WA $15,266

Lease Number HIS-CTCR-2023-597 Omak

Behavioral Health Building

507 S. Benton St. Omak, WA $19,055

Lease Number IHS-CTCR-2023-598 Lake Roosevelt

Community Health

Center Inchelium Clinic, 39 Shortcut Rd Inchelium,

WA $290,217

Lease Number IHS-CTCR-2023-599 Lake Roosevelt

Community Health

Special Session

September 7th, 2023

Raylene Ensminger, Executive Office Assistant

Page 2 of 7

0 ABSTAINED

9 FOR (KC, CM, PT, NS,

DB, SZ, RF, AB, SC)

0 AGAINST

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9 FOR (SC, PT, AB, CM,

KC, RF, SZ, DB, NS)

0 AGAINST

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Center Keller Clinic, 11665 South Highway 21 Keller,

WA $123,979

Chairman or designee may sign all pertinent documents.

To approve the time extension for the Indian Nation

Agreement - Program Child Placing Agency DCYF

Agreement No. 2162-14761 Amendment No. 1 dates from

9/30/2023 to 12/31/20203. All other terms and conditions

remain the same. No tribal dollars. Chairman or designee

authorized to sign all pertinent documents.

To accept FY 2023 Washington State Creative Arts Grant

Funds in the amount of $14,000.00. Tribal Chairman or

designee to sign all pertinent documents.

To approve the BIA A21AV00092 Budget Mod #4 and

Annual Funding Agreement contract year 2023. Chairman or

designee authorized to sign any pertinent documents.

To approve the modification of BIA A21AV00092 Ferry

Maintenance to extend the Period of Performance end date to

09-30-2024. Chairman or designee to sign any pertinent

documents.

To approve the attached contract between the Confederated

Tribes of the Colville Reservation and Northwest Open

Access Networks (NoaNet) in the amount of $86,950.00.

Contract is to assist in the design and engineer for Washington

State Broadband Office (WSBO) Acceleration Grant for

broadband deployment to the home, business, and anchor

institute. Chairman or designee to sign all relevant documents.

To sign the attached Amendment of Solicitation/Modification

of Contract. Amendment is between the Confederated Tribes

of the Colville Reservation and Portland Area Indian Health

Services in the amount of $300,000.00 service dates of

07/01/2022 to 06/30/2027. Chair or designee to sign all

relevant documents.

To approve the budget modification reducing salary and

fringe from vacant positions and allocating salary savings to

Building Repairs & Maintenance to support on-site repairs to

meet safe use standards at the Colville Reservation Library

Resource Centers. Chairman or designee authorized to sign all

pertinent documents.

To approve the Change Order #2 in the amount of $9,616.04

to Resolution #2023-189 ($279,182.40) for D. Hall, LLC

contract (Original Resolution #2022-533) to increase the

contract amount to $288,798.44 and extend the contract end

date to September 30, 2023. To authorize the Chairman, or his

designee to sign all pertinent documents.

Special Session

September 7th, 2023

Raylene Ensminger, Executive Office Assistant

Page 3 of 7

10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

0 ABSTAINED

10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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To appoint Nicolette Descoteaux to the Colville Tribal

Federal Corporation (CTFC) Board of Directors for a term of

2 years, effective immediately. Chair or designee to sign all

pertinent documents.

To approve the request to add additional dollars to cover the

invoices received for this contract, bringing the contract

amount to $90,490.86. Chairman or designee to sign all

pertinent documents.

To approve budget modification moving $24,500 from

Inchelium Community Center Capital Assets (471) to Keller

Community Center-Subcontracts (521) for HVAC

replacement. Chair or designee to sign all pertinent

documents.

To approve budget modification for FY 23 to add $339,333

from GF budget to the Inchelium Community Center (471)

budget for roof replacement. Chair or designee authorized to

sign pertinent documents.

To carry over approved amount of $24,500 from the FY 23

budget to the FY 24 budget for the purchase of a new HVAC

system. Chair or designee authorized to sign all pertinent

documents.

To approve the purchase sales agreement attached within the

(NEKQUELEKIN) WAPATO JOHN Allotment No. 151MA-8, DANIEL D. PIERRE owns an undivided 585/648000

interest. description described as: 151-MA 8: THE

UNALLOTTED PORTION OF FRACTIONAL SECTION 1,

TOWNSHIP 27 NORTH, RANGE 21 EAST, LYING EAST

OF THE NORTH AND SOUTH ONE-QUARTER LINE;

AND THE WEST-HALF SOUTHEAST-QUARTER, LOT 9

(NORTHEAST QUARTER SOUTHEAST-QUARTER)

AND LOT 10 (SOUTHEAST-QUARTER SOUTHEASTQUARTER) OF SECTION 36, TOWNSHIP 28 NORTH,

RANGE 21 EAST, WILLAMETTE MERIDIAN, CHELAN

COUNTY, WASHINGTON, EXCEPT A .75-ACRE

PARCEL ALONG THE EAST BOUNDARY OF

FRACTIONAL SECTION 1, AND EXCEPT A .14-ACRE

PARCEL WITHIN FRACTIONAL SECTION 1 BOUNDED

AS FOLLOWS: ON THE NORTH BY THE EASTERLY

PROLONGATION OF THE NORTHERLY LINE OF

TRACT R OF PLAT OF LOW LAND DIVISION NO. 2, AS

RECORDED IN VOLUME 3 AT PAGE 11, PLATS OF

CHELAN COUNTY, WASHINGTON, ON THE EAST BY

A LINE PARALLEL TO AND 15 FEET DISTANT FROM,

WHEN MEASURE AT RIGHT ANGLES TO, THE EAST

LINE OF SAID TRACT R EXTENDED INTO LAKE

CHELAN, ON THE SOUTH BY LAKE CHELAN AND ON

Special Session

September 7th, 2023

Raylene Ensminger, Executive Office Assistant

Page 4 of 7

10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

0 ABSTAINED

9 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, NS)

1 AGAINST (DB)

0 ABSTAINED

10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

0 ABSTAINED

10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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THE WEST BY THE EAST LINE OF SAID TRACT R,

CONTAINING AN AGGREGATE 174.26 ACRES, MORE

OR LESS, AFTER THE ABOVE EXCEPTIONS. Chairman

or designee has authority to sign all pertinent documents

To approve the attached written comments with minor

corrections. The Office of the Reservation Attorney is

authorized to submit these comments to FEMA on or before

September 17, 2023. Chairman is authorized to sign the final

comment letter.

That LeeEtta Laramie be appointed for the remainder of the

term on the Board of Commissioners, representing the

Inchelium District, with an effective date of September 6,

2023 through September 19, 2025.

That Vincent McDonald be re-appointed for a four year term

of appointment to represent the Omak District Board of

Commissioners with an effective date of March 1, 2023

through February 28, 2027.

That Storey Jackson be re-appointed for a four year term of

appointment to represent the Keller Board of Commissioner

position with an effective date of March 1, 2023 through

February 28, 2027.

To assign the Old Senior/TANF building at 504 Benton St,

Omak WA to Colville Tribal TANF. This resolution

supersedes all previous resolutions pertaining to the Omak

Senior Building at 504 Benton St., Omak, WA. NO TRIBAL

DOLLARS. Tribal Chairman or designee to sign all pertinent

documents.

To approve the State-Tribal Education compact between

Washington State Office of Superintendent of Public

Instruction and the Colville Tribe. Chairman or designee to

sign all pertinent documents.

To appoint Jarred-Michael Erickson as the primary delegate

of the National Congress of American Indians (NCAI). In his

absence, Karen Condon shall serve as an alternate delegate.

Furthermore, to approve the 2023-24 membership dues in the

amount of $30,000.00. This resolution shall supersede all

previous resolutions. Chairman or designee to sign all

pertinent documents.

To appoint Karen Condon as the primary delegate of the

Indian Gaming Association (IGA). In her absence Dustin Best

shall serve as an alternate delegate. Furthermore, to approve

the 2024 membership dues in the amount of $15,000.00. This

resolution shall supersede all previous resolutions. Chairman

or designee to sign all pertinent documents.

To appoint Jarred-Michael Erickson as the primary delegate

of the Affiliated Tribes of Northwest Indians (ATNI). In his

Special Session

September 7th, 2023

Raylene Ensminger, Executive Office Assistant

Page 5 of 7

10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

0 ABSTAINED

10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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9 FOR (SC, PT, AB, CM,

JS, RF, SZ, DB, NS)

1 AGAINST (KC)

0 ABSTAINED

9 FOR (SC, PT, AB, JS, RF,

SZ, DB, NS, CM)

0 AGAINST

1 ABSTAINED (KC)

8 FOR (SC, PT, AB, JS,

CM, RF, SZ, NS)

0 AGAINST

2 ABSTAINED (KC, DB)

9 FOR (SC, PT, AB, JS, RF,

SZ, DB, NS, CM)

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absence, Karen Condon shall serve as an alternate delegate.

Furthermore, to approve the 2023-24 membership dues in the

amount of $7,500.00. This resolution shall supersede all

previous resolutions. Chairman or designee to sign all

pertinent documents.

To appoint Norma Sanchez as the primary delegate of the

Native American Finance Officers Association (NAFOA). In

her absence, Roger Finley and Cindy Marchand shall serve as

alternate delegation(s). Furthermore, to approve the 2024

membership dues in the amount of $5,000.00. This resolution

shall supersede all previous resolutions. Chairman or designee

to sign all pertinent documents.

To enact the following amendments to the Employee Policy

Manual (EPM) effective immediately upon CBC approval. To

correct the Native American Day to the 4th Friday of

September.

To approve the attached sublease between Colville Fuels LLC

and Colville Tribal Federal Corporation (CTFC) in the

amount of $75,000.00 per year for the C-Store on MA-8. The

original lease expires on January 31, 2028, with renewal

options to January 31, 2039, and January 31, 2064, so long as

such renewals are in accordance with the Master Lease

between the landowners of MA-8 and CTFC. The lease covers

7.5 acres more or less and is described as 151-MA8 (POR):

The south-half north-half northeast quarter southeast quarter

southeast quarter, south-half northeast quarter southeast

quarter southeast quarter of Section 36, Township 28 North,

Range 21 East, Chelan County, Willamette Meridian,

Washington. The Chair or designee is authorized to sign the

sub-lease.

CONFIDENTIAL

0 AGAINST

1 ABSTAINED (KC)

7 FOR (SC, PT, AB, JS, SZ,

DB, KC,)

0 AGAINST

3 ABSTAINED (NS, RF,

CM)

10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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7 FOR(SC, PT, CM, JS, RF,

NS, SZ)

1 AGAINST (KC)

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To approve the subcontractor for Cates & Erb for habitat

restoration on Omak Creek, in the amount of $94,980.00.

Funding is from BIA 199520 and Tribal 341 funding. The

Dates are from approval to September 30, 2023. The

Chairperson or designee has authority to sign all pertinent

documents.

To approve the Sub-contract Chelan Douglas Land Trust in

the amount of $250,000.00. This is to coordinate with private

landowners in both the Wenatchee and Entiat areas to assist

CTCR in the acquisition of properties. Chelan Douglas Land

Trust has established relationships with landowners and

helped CTCR contact and coordinate land acquisition

projects. The dates are from signed to June 30, 2028. This

Special Session

September 7th, 2023

Raylene Ensminger, Executive Office Assistant

Page 6 of 7

2 ABSTAINED (AB, DB)

10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

0 ABSTAINED

10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

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Resolution does not approve any specific land purchase. Any

land purchases arising from these negotiations must be

approved by a separate parcel specific Resolution of the

Colville Business Council. The Chairperson or designee has

authority to sign all pertinent documents.

To support the selection of John Box, Fisheries Biologist, to

represent the Confederated Tribes of the Colville Reservation

on the Fish Barrier Removal Board. As a board member, John

Box will develop scoring criteria, review and select proposed

fish barrier removal projects as per capita. Funding to support

fish barrier removal projects are through State Legislature as

identified in RVW 77.95.160. The Chair is authorized to sign

all pertinent documents.

To accept the Colville Tribal Gaming Commission's

recommendation to reappoint Chad S. Marchand as one of its

members for a full term of three years commencing on the

passage of tribal resolution by the full Colville Business

Council in accordance with Chapter 6-5 (Gaming) of the

Colville Tribal Law and Order Code. The Chairman or

designee shall have authority to sign any and all necessary

documents.

To accept the Colville Tribal Gaming Commission's

recommendation to reappoint Yvette Joseph-Fox as one of its

members for a full term of three years commencing on the

passage of tribal resolution by the full Colville Business

Council in accordance with Chapter 6-5 (Gaming) of the

Colville Tribal Law and Order Code. The Chairman or

designee shall have authority to sign any and all necessary

documents.

To accept the Colville Tribal Gaming Commission's

recommendation to reappoint Prince Hargrove, IV as one of

its members for a full term of three years commencing on the

passage of tribal resolution by the full Colville Business

Council in accordance with Chapter 6-5 (Gaming) of the

Colville Tribal Law and Order Code. The Chairman or

designee shall have authority to sign any and all necessary

documents.

To sign on to the Rule 9 Amici Brief, in the Maverick Gaming

LLC v. United States of America, et al, Defendants

Shoalwater Bay Tribe, Intervenor – Defendant in Ninth

Circuit Court of Appeals case No. 23-35136. The Chairman or

his designee shall be authorized to sign any pertinent

documents.

Special Session

September 7th, 2023

Raylene Ensminger, Executive Office Assistant

Page 7 of 7

10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

0 ABSTAINED

9 FOR (SC, AB, CM, KC,

JS, RF, SZ, DB, NS)

0 AGAINST

1 ABSTAINED (PT)

9 FOR (SC, AB, CM, KC,

JS, RF, SZ, DB, NS)

0 AGAINST

1 ABSTAINED (PT)

9 FOR (SC, AB, CM, KC,

JS, RF, SZ, DB, NS)

0 AGAINST

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10 FOR (SC, PT, AB, CM,

KC, JS, RF, SZ, DB, NS)

0 AGAINST

0 ABSTAINED