# COLVILLE CONFEDERATED TRIBES (2023)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A9db010d1ec8fbe99

## Record

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

## Text

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)

2023-653.tg
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

2023-656.hhs.m&b

2023-657.hhs

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
0 ABSTAINED

9 FOR (SC, PT, AB, CM,
KC, RF, SZ, DB, NS)
0 AGAINST
0 ABSTAINED

2023-658.hhs

2023-659.e&e.m&b

2023-660.m&b.cdc

2023-661.m&b.cdc

2023-662.m&b

2023-663.m&b

2023-664.m&b.e&e

2023-665.m&b

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
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
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
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
0 ABSTAINED

2023-666.m&b

2023-667.m&b

2023-668.m&b

2023-669.m&b.e&e

2023-670.m&b.e&e

2023-671.m&b.nrc

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
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
0 ABSTAINED

2023-672.cdc

2023-673.cdc

2023-674.cdc

2023-675.cdc

2023-676.e&e.cdc

2023-677.e&e.cdc

2023-678.tg

2023-679.tg

2023-680.tg

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
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
0 ABSTAINED
10 FOR (SC, PT, AB, CM,
KC, JS, RF, SZ, DB, NS)
0 AGAINST
0 ABSTAINED

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)

2023-681.tg

2023-682.e&e.tg

2023-683.nrc

2023-684.nrc

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
0 ABSTAINED
10 FOR (SC, PT, AB, CM,
KC, JS, RF, SZ, DB, NS)
0 AGAINST
0 ABSTAINED

7 FOR(SC, PT, CM, JS, RF,
NS, SZ)
1 AGAINST (KC)

2023-685.fish

2023-686.fish

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
0 ABSTAINED

2023-687.fish

2023-688.l&j

2023-689.l&j

2023-690.l&j

2023-691.l&j

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
1 ABSTAINED (PT)

10 FOR (SC, PT, AB, CM,
KC, JS, RF, SZ, DB, NS)
0 AGAINST
0 ABSTAINED

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A9db010d1ec8fbe99. Public record. Not legal advice.