COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

December 5th, 2013

Resolution Index

Condensed by, Trisha Jack, CBC Recording Secretary

Council Members Present:

Delegation/Absent:

Resolution No.

10-Signature

2013-877.tg

10-Signature

2013-878.nrc

10-Signature

2013-879.nrc/m&b

10-Signature

2013-880.nrc/m&b

10-Signature

2013-881.hhs

Benny Marchand Jr., Joseph Somday, William Nicholson II, Ricky Gabriel, Ernest

Brooks III, Jim Boyd, Allen Hammond and Jack W. Ferguson

John E. Sirois, Michael O. Finley, Andy Joseph Jr., Stevey Seymour, Nancy Johnson and

N. Lynn Palmanteer-Holder

Condensed Recommendation Information

Colville Business Council Vote Tally

To make an exception to Resolution #2001-618 and approve

assistance from Public Works department to open and close

the grave for, Randy Johnson, who is not a tribal member

nor a direct descendent, however, is the father of tribal

members.

10 FOR (JF, AJ, WN, JSOMDAY, MF, JB, AH,

JSIROIS, BM, LPH)

To approve the change order request to Oxarc from Fish and

Wildlife account #911013.62510 in the amount of

$18,927.90. This is to utilize oxygen for the Twin Lakes

Enhancement Project. Chair or designee is authorized to

sign all pertinent documents.

To approve the agreement between the Colville Tribes Parks

and Recreation and Bonneville Power Administration for

contract #00063530 2008-106-00 EXP ESA F&W LAW

ENFORCEMENT for the period December 01, 2013 to

November 30, 2014 in the amount of $178,788.00. 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.

No tribal dollars required. Indirect is $32,307.00. The

Colville Business Council Chairman or designee is

authorized to sign all documents pertaining to this contract.

To approve the 2013 budget modification of $27,000.00

received from Bonneville Power Administration to cover

expenses to the end of FY 2013 contract ending November

30, 2013. No tribal dollars are required. Indirect is

$5,340.00. The Colville Business Council Chairman or

designee is authorized to sign all documents pertaining to

this contract.

To authorize Area Agency on Aging to apply for Older

American Act Title VI, Part A (DHHS) - Grants for Native

Special Session

December 5th, 2013

Trisha Jack, CBC Recording Secretary

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

10 FOR (JSOMDAY, WN, EB, LPH, NJ, JB, AH,

MF, RG, JF)

0 AGAINST

0 ABSTAINED

*Rationale: A resolution is needed to process a

change order request that goes beyond the

original $54,675.00 to provide continuing service

for project we are requesting the change order in

the amount of $18,927.90.

10 FOR (JSOMDAY, LPH, JB, AH, WN, EB, MF,

NJ, RG, JF)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

10 FOR (JSOMDAY, LPH, JB, AH, WN, EB, MF,

NJ, RG, JF)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

10 FOR (MF, AH, WN, JSOMDAY, EB, JB, JF,

NJ, LPH, RG)

Page 1

Americans and Part C - Native American Caregiver Support

Program. Budget period will begin April 1, 2014 and end

March 31, 2017.

10-Signature

2013-882.cdc

2013-883.m&b

2013-884.m&b

2013-885.m&b/hhs

2013-886.m&b/hhs

2013-887.e&e

2013-888.e&e

2013-889.nrc

2013-890.nrc

To approve the Contract with Jesse Palmer Construction in

the amount of Two Hundred Seven Thousand and no xx/100

dollars ($207,000.00) to install 9 ea. foundations and utilities

for modular homes on scattered sites. Dollars are to come

from Fund Number 1-475. Chairman or designee to sign all

pertinent documents.

To appoint Kimberly Peone to the Colville Tribal Federal

Corporation Board of Directors for a term of two years.

Chairman or designee authorized to sign all relevant

documents.

To renew the contract for James Ronyak, Chief Information

Officer in the amount of $122,500.00 per year. Contract is a

3 year contract from 2014-2017. Chairman or designee has

authority to sign all documents.

To approve LRCHC's Service Area Competition

Continuation Grant proposal for at $788,805.00, that

provides improved healthcare services for the underserved

population in Ferry County activities to the Lake Roosevelt

Community Health Center. No tribal dollars identified.

Council Chair or his designee to sign all pertinent

documents.

To approve the Colville Rural Health Network Development

(RHND) grant application for the Lake Roosevelt

Community Health Clinics and the Colville Indian Health

Services Clinics grant application for $889,830.00 in funding

over three years through the Rural Health Network

Development (RHND) Grant Program for the purposes of

addressing rural network connectivity for the rural isolated

communities of the Colville Reservation. Chairman or

designee is authorized to sign all pertinent documents.

To approve MOA between the Tribal TANF program and

the Inchelium Language and Cultural Association for

$75,000.00 in an effort to revitalize the Native language by

operating language training, teacher training, community

language classes and community cultural events. Chairman

or his designee to sign all pertinent documents.

To approve the Appointment of Laurae MacClain to the

Colville Tribal College Board of Trustees as the Omak

member. Term is to be from December 1, 2013 to December

1, 2017. This resolution is to supersede all resolutions prior

to this.

To approve the new sub contract for Cates & Erb in the

amount of $110,000.00 and the dates are form signed

documents to January 31, 2014 and authorize the Chairman

or his/her designee to sign all pertinent documents. Attached

is new sub contract and SOW. No Tribal dollars associated.

To approve the budget modification #1 Salmon Creek

Special Session

December 5th, 2013

Trisha Jack, CBC Recording Secretary

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

10 FOR (WN, JSOMDAY, EB, JB, AH, MF,

JSIROIS, LPH, NJ, RG)

0 AGAINST

0 ABSTAINED

*Rationale: Modular delivery timelines and

weather sensitive project.

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

Page 2

2013-891.nrc

2013-892.nrc

2013-893.nrc

2013-894.nrc/m&b

2013-895.nrc

2013-896.nrc

2013-897.nrc

adding an additional $69,092.00 bringing the total contract

value to $298,969.00, dates remain the same and authorize

the Chairman or his/her designee to sign all pertinent

documents. Attached is budget modification #1. No Tribal

dollars associated.

To approve the new sub contract for Priest Rapid

Coordinating Committee - USGS in the amount of

$91,580.00, dates are from October 1, 2013 to September 30,

2015 and authorize the Chairman or his/her designee to sign

all pertinent documents. Attached is sub contract. No Tribal

dollars associated.

To approve new full award for 1761 Game Management in

the amount of $372,405.00 and the dates are from October 1,

2013 to September 30, 2014 and authorize the Chairman or

his/her designee to sign all pertinent documents. Attached is

new budget. No Tribal dollars associated.

To approve the purchase from Wa Tractor in the amount of

$43,753.27 and authorize the Chairman or his/her designee

to sign all pertinent documents. Attached is bids and

purchase price. No Tribal dollars associated.

To approve the letter of support for the FY 2014 Safari Club

International Foundation (SCIF) Large Grant Application

Proposal being submitted by the Colville Tribes Fish and

Wildlife Department. No Tribal Dollars involved.

To approve the Wells Creek Stand Examination Contract

with Bill Theirl in the amount of $42,431.60. Funds to come

from the Timber Harvest Initiative. This contract is for the

measurement of forest inventory plots within the Wells

Creek drainage. These examinations consist of measuring

tree and stand parameters on 1,390 plots on 6,340 acres. The

data will be used to evaluate stand and tree conditions to

determine forest health, age arrangement and condition of

the stands so that stands may be prioritized for harvest or

other treatments and would allow the development of

silvicultural prescriptions. No tribal dollars used in funding

this contract. Chairperson or designee has authority to sign

all pertinent documents.

To approve this consultant contract between CTCR and

Rajala Environmental, LLC for Water Rights documentation

services including: research, records, and drafting new water

code provisions in compliance with the Tribal Law within

the boundaries of the Colville Indian Reservation at a price

not to exceed $31,458.00. The Tribal Chairman or his

designee is authorized to sign all relevant documents. No

Tribal dollars required.

To approve submittal of a formal application to the US

Environmental Protection Agency for delegation of

Treatment as a State authority for Clean Water Act Section

303 and 401 to the Tribe. This authority enables the Tribe to

set water quality standards and certify whether federal

decisions authorizing wastewater discharge to Tribal waters

will meet Tribal water quality standards. Tribal Chairman or

Special Session

December 5th, 2013

Trisha Jack, CBC Recording Secretary

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

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7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

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7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

Page 3

2013-898.nrc

2013-899.nrc

2013-900.nrc

TABLED

2013-901.nrc

designee authorized to sign all relevant documents.

To approve submittal of a competitive grant to US

Environmental Protection Agency for Clean Water Act

Section 319 funding supporting 0.5 FTE for the Non-point

Source (NPS) Management Coordinator position in

Environmental Trust Dept, implementation of Tribe's NPS

Management Plan, and a water quality improvement project

in S. Fk. Ninemile Creek and Friedlander Meadows. No

Tribal dollars required for match.

To approve the contract with Environment International, Ltd.

in the amount of $766,000.00. This contract is for technical

services for the Upper Columbia River Remidial

Investigation/Feasibility Study - Human Health Ecological

Risk Assessments, Midnite Mine, and Natural Resource

Damage Assessment. No Tribal dollars requested.

Chairman or designee authorized to sign all relevant

documents.

To approve the attached contract with Dr. Gerald Taiaiake

Alfred in the amount of $48,000.00 to serve as the "Principal

Investigator" for the study: Assessment of Services Lost by

the Confederated Tribes of the Colville Indian Reservation

as a Result of Injuries to Natural Resources at the Upper

Columbia River Site. Tribal dollars are not requested and

the Tribal Chairman or his designee is authorized to sign all

relevant documents.

WHEREAS, the Confederated Tribes of the Colville

Reservation since before establishment of the United States

have possessed, exercised, and retained the inherent

sovereign authority to administer, manage, use, preserve,

protect, and regulate tribal property for the general welfare

of their members and to set aside land for tribal development

and other governmental purposes; and

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

WHEREAS, such customs and traditions are reflected in part

but not wholly in the Tribes’ Constitution and Code, and

applying, honoring, and implementing such customs and

traditions is vital to promote the welfare of the tribal

community and to improve the economic condition of the

Tribes; and

WHEREAS, Colville Tribal Federal Corporation (“CTFC”)

is wholly owned by the Tribes and serves to promote the

economic development of the Tribes and to enable the Tribes

to develop their resources for the benefit of the people of the

Colville Indian Reservation; and

WHEREAS, an assignment of land by the Tribes under their

customary and traditional law to CTFC or an affiliate or

subsidiary thereof, including without limitation Gaming,

LLC, constitutes an exercise of the Tribes’ inherent

sovereign authority to set aside the Tribes’ land for tribal

development and other governmental purposes, and does not

Special Session

December 5th, 2013

Trisha Jack, CBC Recording Secretary

Page 4

require is not subject to any federal approval requirement;

and

WHEREAS, it is the recommendation of the Management &

Budget Committee to approve the Tribes’ issuance of the

attached land assignment to Gaming, LLC to use for

development and other governmental purposes certain land

in Omak, Washington, commonly known as the Delfield

Property.

THEREFORE, BE IT RESOLVED, that we, the Colville

Business Council, do hereby approve the above

recommendation of the Management & Budget Committee;

and

BE IT FURTHER RESOLVED, that the Colville Business

Council hereby approves and issues a land assignment to

Gaming, LLC for the Delfield Property, and hereby

authorizes and directs its Chairman to execute the attached

land assignment on behalf of the Tribes; and

2013-902.nrc

2013-903.nrc

2013-904.nrc

BE IT FURTHER RESOLVED that the Colville Business

council hereby authorizes and directs tribal official, staff,

and attorneys to take any and all necessary actions to

implement this Resolution.

To approve the Excavator Piling Contract with N.S.

Enterprise. CCT agrees to pay Contractor for the work

described in the SOW attached, not to exceed $59,802.80.

Federal TPA Funds, no Tribal matching funds required.

Chairman or designee authorized to sign all pertinent

documents.

To modify the Clark Creek Timber Sale contract by

approving the request made by CTFC to pay into a "Special

Forestry Projects account(s) for the site preparation

compliance obligation of excavator piling. The Forestry

Projects account will allow for Forestry to accomplish the

Excavator Piling through the use of Tribal Forestry

Contracts. Any and all expenditures from these accounts

must align to an approved FP Expenditure Plan. These

Special Fee(s) will be paid on per net thousand board feet

(mbf) basis and will be billed as a separate item on the

monthly payment document for stumpage. Special Fee(s)

will also be assessed on any over-run volume; any balance

remaining unused in the Forest Project account(s) after

obligations are completed shall be surplused and deposited

to the Tribe as additional stumpage. Chairperson or designee

has the authority to sign all pertinent documents.

To modify the Simpson Lakes Timber Sale contract by

approving the request made by CTFC to pay into a "Special

Forestry Projects account(s) for the site preparation

compliance obligation of excavator piling. The Forestry

Projects account will allow for Forestry to accomplish the

Special Session

December 5th, 2013

Trisha Jack, CBC Recording Secretary

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

Page 5

2013-905.nrc

2013-906.nrc

2013-907.nrc

Excavator Piling through the use of Tribal Forestry

Contracts. Any and all expenditures from these accounts

must align to an approved FP Expenditure Plan. These

Special Fee(s) will be paid on per net thousand board feet

(mbf) basis and will be billed as a separate item on the

monthly payment document for stumpage. Special Fee(s)

will also be assessed on any over-run volume; any balance

remaining unused in the Forest Project account(s) after

obligations are completed shall be surplused and deposited

to the Tribe as additional stumpage. Chairperson or designee

has the authority to sign all pertinent documents.

To modify the Sitdown Creek Timber Sale contract by

approving the request made by CTFC to pay into a "Special

Forestry Projects account(s) for the site preparation

compliance obligation of excavator piling. The Forestry

Projects account will allow for Forestry to accomplish the

Excavator Piling through the use of Tribal Forestry

Contracts. Any and all expenditures from these accounts

must align to an approved FP Expenditure Plan. These

Special Fee(s) will be paid on per net thousand board feet

(mbf) basis and will be billed as a separate item on the

monthly payment document for stumpage. Special Fee(s)

will also be assessed on any over-run volume; any balance

remaining unused in the Forest Project account(s) after

obligations are completed shall be surplused and deposited

to the Tribe as additional stumpage. Chairperson or designee

has the authority to sign all pertinent documents.

To modify the Loony Creek Timber Sale contract by

approving the request made by CTFC to pay into a "Special

Forestry Projects account(s) for the site preparation

compliance obligation of excavator piling. The Forestry

Projects account will allow for Forestry to accomplish the

Excavator Piling through the use of Tribal Forestry

Contracts. Any and all expenditures from these accounts

must align to an approved FP Expenditure Plan. These

Special Fee(s) will be paid on per net thousand board feet

(mbf) basis and will be billed as a separate item on the

monthly payment document for stumpage. Special Fee(s)

will also be assessed on any over-run volume; any balance

remaining unused in the Forest Project account(s) after

obligations are completed shall be surplused and deposited

to the Tribe as additional stumpage. Chairperson or

designee has the authority to sign all pertinent documents.

To modify the Threemile Timber Sale contract by approving

the request made by CTFC to pay into a "Special Forestry

Projects account(s) for the site preparation compliance

obligation of excavator piling. The Forestry Projects account

will allow for Forestry to accomplish the Excavator Piling

through the use of Tribal Forestry Contracts. Any and all

expenditures from these accounts must align to an approved

FP Expenditure Plan. These Special Fee(s) will be paid on

per net thousand board feet (mbf) basis and will be billed as

Special Session

December 5th, 2013

Trisha Jack, CBC Recording Secretary

6 FOR (WN, JSOMDAY, JF, BM, JB, AH)

1 AGAINST (RG)

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

Page 6

2013-908.nrc

2013-909.nrc

2013-910.nrc

TABLED

2013-911.l&j/m&b

2013-912.l&j/m&b

a separate item on the monthly payment document for

stumpage. Special Fee(s) will also be assessed on any overrun volume; any balance remaining unused in the Forest

Project account(s) after obligations are completed shall be

surplused and deposited to the Tribe as additional stumpage.

Chairperson or designee has the authority to sign all

pertinent documents.

To modify the Lost Creek Timber Sale contract by

approving the request made by CTFC to pay into a "Special

Forestry Projects account(s) for the site preparation

compliance obligation of excavator piling. The Forestry

Projects account will allow for Forestry to accomplish the

Excavator Piling through the use of Tribal Forestry

Contracts. Any and all expenditures from these accounts

must align to an approved FP Expenditure Plan. These

Special Fee(s) will be paid on per net thousand board feet

(mbf) basis and will be billed as a separate item on the

monthly payment document for stumpage. Special Fee(s)

will also be assessed on any over-run volume; any balance

remaining unused in the Forest Project account(s) after

obligations are completed shall be surplused and deposited

to the Tribe as additional stumpage. Chairperson or

designee has the authority to sign all pertinent documents.

To approve the purchase of 4 new Harnois greenhouses from

Eason Horticultural Resources Inc. in the amount of

$165,336.20. These new greenhouses will improve the

quality and survival rates of seedlings grown by the Tribal

Greenhouse. This is the first step in updating the current

facility, which is outlined in the Restoration Plan.

Chairperson or designee has the authority to sign all

pertinent documents.

To support the Land Operations 2014 Competitive Species

Funding Proposal Request to the Bureau of Indian Affairs

(BIA) for $95,150.00 to fund noxious weed treatments on

the Colville Reservation. Chair or designee is authorized to

sign all pertinent documents.

To approve the policy of the Colville Confederated Tribes to

adhere to the federal government’s enforcement and

prosecution priorities regarding the production, processing,

distribution and retail sales of marijuana. The Tribes do not

include those activities within its enforcement and

prosecution priorities on the condition they are subject to

regulations in conformity with State law enforced by the

Tribes. The Commerce Department is directed to take

actions and make recommendations to implement this

policy.

To approve Environmental International LTD Contract, who

shall provide general consulting expert services as requested

by Attorney or client to support Attorney in Litigation and in

addressing the issues that arise in prosecution of the

Litigation at the UCR site ("the Services"). Consultant will

assist with Expert Witnesses; Assist with the

Special Session

December 5th, 2013

Trisha Jack, CBC Recording Secretary

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

6 FOR (WN, JSOMDAY, BM, RG, JB, AH)

1 AGAINST (JF)

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

Page 7

2013-913.l&j/m&b

2013-914.l&j/m&b

2013-915.l&j

2013-916.l&j

2013-917.l&j/m&b

2013-918.l&j/m&b

Review/Analysis of Technical Data; Other work as assigned

to Consultant by Attorney. No new dollars was award in FY

2014 budget. Chair or designee to sign all pertinent

documents.

To approve the attached FY 2014 Contract with Richard

Hart of Hart West & Associates. Funds are included in the

FY14 ORA/Outside Litigation budget. Chair or designee to

sign all pertinent documents.

To approve Consultant Virgil Seymour Contract who shall

provide assistance in matters pertaining to the Arrow Lakes

Aboriginal Society, including, but not limited to; managing

and coordination the affairs of the Arrow Lakes Aboriginal

Society; carrying out the decisions and directions of the

Board of Directors; working with the Lakes People in the

Colville Tribes in Canada and U.S.A. to implement the

objection of Society. No new dollars required, in budget for

FY 2014. Chair or designee to sign all pertinent documents.

To enact the amendments for Chapter 6-18 Tribal Unarmed

and Armed Private Security as proposed. Chapter 6-18 has

been processed utilizing CBC Procedural Rule 3 (b), (e), (f)

and (g) and is in the final stage. The attached returned

comments have been reviewed and considered in this code

process. Upon approval, a copy shall be forwarded to the

Code Reviser for certification and distribution.

To approve the Deputy Prosecutor/Grant Coordinator

Contract for Weston Meyring. Position has line item in OPA

FY14 budget. Chairman or designee to sign all pertinent

documents.

To approve the FY 2014 Contract Whitfield Russell

Associates, funds are included in the Outside/ORA

Litigation FY 2014 Budget. Chairman or designee to sign

all pertinent documents.

To approve FY 2014 Contract Short Cressman & Burgess,

funds are included in the Outside/ORA Litigation FY 2014

Budget. Chairman or designee to sign all pertinent

documents.

Special Session

December 5th, 2013

Trisha Jack, CBC Recording Secretary

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED`

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

7 FOR (WN, JSOMDAY, JF, BM, RG, JB, AH)

0 AGAINST

0 ABSTAINED

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