# COLVILLE CONFEDERATED TRIBES > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Ab4b9d9858969371d ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 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 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 Page 8 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Ab4b9d9858969371d. Public record. Not legal advice.