# COLVILLE CONFEDERATED TRIBES (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Ac4e163a0516f842e ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text COLVILLE CONFEDERATED TRIBES COLVILLE BUSINESS COUNCIL Special Session September 9th, 2021 Resolution Index Condensed by, Elizabeth Gentemann, Executive Office Assistant Present: Andrew Joseph Jr., Jack Ferguson, Karen Condon, Richard Swan Sr., Norma Sanchez, Dustin Best, Shar Zacherle, Roger Finley, Alison Ball, Joseph Somday, Jarred-Michael Erickson, Tyler-Zacherle Boyd Delegation/Leave: Virgil (Smoker) Marchand, Marvin Kheel Resolution No. 2021-632.l&j 10-Signature Condensed Recommendation Information CONFIDENTIAL Colville Business Council Vote Tally 10 FOR (TZB, JS, RF, AB, DB, NS, KC, SZ, AJ, JME) 0 AGAINST 2021-633.m&b.cdc 10-Signature 2021-634.fish 10-Signature 2021-635.m&b.cdc 2021-636.m&b.cdc.hhs To approve the contract between the Confederated Tribes of the Colville Reservation (CCT) and id,1 Incorporation to complete asbestos abatement and demolition of the BIA Buildings Project. Chair or designee to sign all pertinent documents. To approve Budget Modification #2 for 152520 Bureau of Reclamation Invasive Species adding an additional amount of $100,000 bringing the total contract value to $244,639 and the dates remain the same and authorizes the Chairman or his/her designee to sign all pertinent documents. Attached is budget modification #2. To authorize the Colville Indian Housing Authority to apply for the FY-2021 Abbreviated Indian Housing Block Grant American Rescue Plan (ARP) Funding in the amount of $3,722,828.00. Chair or designee to sign all pertinent documents. To accept the Empire Health Foundation – Aging Health Coaching Grant amendment no cost extension in the amount of $157,001.33 for FY July 2021 to FY July 2022 due to COVID-19 restrictions. Chairman or designee authorized to sign all pertinent documents. 0 ABSTAINED 10 FOR (NS, KC, AB, JS, RF, TZB, DB, SZ, AJ, JF) 0 AGAINST 0 ABSTAINED Rationale: Timelines 10 FOR (NS, AB, KC, AJ, SZ, DB, TZB, JF, JME, JS) 0 AGAINST 0 ABSTAINED Rationale: Timeline needs to be submitted by 9/2/2021. 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST Special Session September 9th, 2021 Elizabeth Gentemann, Executive Office Assistant Page 1 of 8 2021-637.m&b.cdc.hhs 2021-638.m&b.cdc.hhs 2021-639.m&b.cdc.l&j 2021-640.m&b.cdc To accept $185,164.00 from the Health Care Authority to continue to fund the following established programs: Healing of the Canoe, GONA, Cultural Awareness Gatherings, Prevention Strategic Planning and Coordination, Secure Take Back Program, Prevention Staff Trainings, Staff Treatment Trainings (CEUs) and ASAM Training, Transportation to Treatment Services Vouchers, Lock Boxes, and Naloxone Purchase and Distribution. This contract Amendment 07 for Contract No: K4131, providing for the funding listed, is effective July 1, 2021 through June 30, 2022. Chairman or designee authorized to sign all pertinent documents. To approve the No Cost Extension for the existing Crisis Counselor Program. The new amendment end date is January 31, 2022. This extension had been requested as $18,606.50 still remains in this account. Originally five Crisis Counselor positions were budgeted, and now only two employees hold these positions (due to a reduced capacity needed), resulting in remaining funding to cover salaries until January 2022. Chairman or designee to sign all pertinent documents. Resolution 2020-283 authorized the use of COVID-19 Cares Act Treasury Funds to fund the 1st Responder Vehicles, including 3 ambulances. The Management & Budget/Community Development and Law & Justice Committees hereby recommend the expenditure of $455,608.23 of those funds authorized in Resolution 2020-283 to purchase necessary equipment and supplies to ensure the continuity of EMS services within the Tribal Community. It is imperative that the Tribes protects EMS employees from potential COVID-19 exposure from sharing personal protective equipment and also to equip an additional ambulance that can be utilized to respond to emergencies if one or more of the Tribes’ current ambulances must be removed from service due to COVID-19 exposure during transport; the specific equipment and supplies are attached to this resolution. The Colville Business Council has determined that this expense is necessary to respond to the current COVID-19 public health emergency and appropriate under the Treasury Department guidance and FAQs in effect as of the date of this recommendation. The CARES Act funding must be spent by December 31, 2021. To approve the attached budget for the Inchelium Ferry Program to receive CRRSSA Section 5311 Rural Grant funding in the amount of $864,752.00. The budget amount of $472,982 in salaries will be used to pay our salaries and will free up the D.O.I. funds to use for the remaining 20% match funds of $238,449.32 to complete the Pilings Project. The remaining salaries funds of $234,532.68 will be used to pay 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED Special Session September 9th, 2021 Elizabeth Gentemann, Executive Office Assistant Page 2 of 8 2021-641.m&b.cdc 2021-642.m&b.cdc 2021-643.m&b.cdc 2021-644.m&b.cdc 2021-645.m&b.cdc our salaries. No new funds or match is required. Chairman or designee authorized to sign all pertinent documents. The tribes acquired 4 single wide FEMA trailers in 2012. Later in the year, those trailers were transferred to various individuals; however, title transfers were never executed. It is the recommendation of the Management & Budget/Community Development Committee to transfer title of a single wide trailer, VIN ACHIN64143065F from the Confederated Tribes of the Colville Reservation to Julian Vargas. It is further recommended that the Affidavit of LossRelease of Interest be completed. Chairman or designee to sign all pertinent documents. To support and allow the Colville Tribes Planning Department to conduct a feasibility study for the Grant County Port District #7, Banks Lake Golf Course to determine if this will be a successful business venture. The golf course would look to encompass 190 acres, which is comprised of 100 acres for the golf course, and 90 acres of undeveloped lands. The Chairman or designee is authorized to sign all documents pertaining to this agreement. To approve the attached purchase from PCS Technologies, Inc., in the amount of $47,340.00. This purchase utilizes CARES Act funds, as the Colville Business Council; has determined that this expense is necessary to respond to the current COVID-19 public health emergency and appropriate under the Treasury Department guidance and FAQs in effect as of the date of this recommendation. It is required that the delivery of goods or performance of services be completed no later than December 30, 2021. The Chairman or his designee shall sign and approve all relevant documents. To approve the attached purchase from Lite Access Technologies, Inc., in the amount of $23,330.00. This purchase utilizes CARES Act funds, as the Colville Business Council has determined that this expense is necessary to respond to the current COVID-19 public health emergency and appropriate under the Treasury Department guidance and FAQs in effect as of the date of this recommendation. It is required that the delivery of goods or performance of services be completed no later than December 30, 2021. The Chairman or his designee shall sign and approve all relevant documents. To approve Administration to accept online donations including through our tribal website. Chairman or designee to sign all pertinent documents. 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 9 FOR (KC, RS, NS, DB, SZ, RF, AB, JME, TZB) 2 AGAINST (JF, JS) 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 2021-646.m&b.cdc To approve the attached contract to Stauffer & Associates, PLLC in the amount of $280,000.00 to provide the audit. This 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) Special Session September 9th, 2021 Elizabeth Gentemann, Executive Office Assistant Page 3 of 8 2021-647.m&b.cdc.e&e 2021-648.m&b.cdc.e&e 2021-649.m&b.cdc expense will utilize CARES act funding to pay for the audit. The Colville Business Council has determined that this expense is necessary to respond to the COVID-19 public health emergency and meet the immediate needs of the tribal community, and is appropriate under the Treasury Department guidance and FAQs in effect as of the date of the recommendation. It is required that the delivery of goods or performance of services be completed no later than December 30, 2021. Chairman or designee approved to sign all documents. To approve the attached MOA between TANF-E&T and Wenatchee Valley College (WVC). Reimbursement not to exceed $58,650.00 annually for fiscal years 2021-2023. Chairman or designee to sign all pertinent documents. No Tribal Dollars. To approve the attached MOA between TANF and the Youth Development Program. Reimbursement not to exceed $3,328,797.00 total for fiscal years 2020-2022. Chair or designee to sign all pertinent documents. No tribal Dollars. To disperse a Disaster Relief General Welfare payment to Colville Tribal members in the amount of $10,010.00 from the Colville Tribes Fiscal Recovery Fund allocation under the American Rescue Plan Act. The Colville Business Council has determined that Colville Tribal Members and their households have endured negative economic impacts during the pandemic which are aggravated due to the disproportionate impact on tribal communities and the increase in costs for basic essentials, and this payment represents an average amount of COVID-19 related expenditures. The Payment will be processed in two equal payments of $5,005.00 each, with the first payment issued by October 4, 2021 for the Colville tribal members over the age of 18 who were enrolled and living by midnight on September 9, 2021. The second payment of $5,005.00 will be processed by January 7, 2022 for Colville Tribal Members over the age of 18 who were enrolled and living by midnight September 9, 2021. In addition, Enrolled minors (under 18 y/o) of the Colville Confederated Tribes will receive a Disaster Relief General Welfare payment of $2,000.00 distributed in two equal payments of $1,000.00 to their legal parent or guardian as determined by the current records of the Tribes Enrollment Department. The Minor payments will be processed on the same dates as the payments to the legal Parents or Guardian. The Colville Business Council has determined that households 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 9 FOR (JF, RS, DB, SZ, RF, AB, JS, JME, TZB) 2 AGAINST (KC, NS) 0 ABSTAINED Special Session September 9th, 2021 Elizabeth Gentemann, Executive Office Assistant Page 4 of 8 2021-650.tg 2021-651.tg 2021-652.tg 2021-653.tg 2021-654.tg with children have borne additional COVID-19 related costs above the average additional expenditures and these payments will defray or offset the COVID-19 related costs. The Colville Business Council has determined that these payments shall be considered an approved program under the Confederated Tribes of the Colville Reservation’s General Welfare ordinance and shall be considered payments under that ordinance. IIM accounts may not be used for these payments and no holds will be processed for these payments. Chairman or designee has the authority to sign all pertinent documents. To appoint Alison Ball as delegate to the American Indian Health Commission (AIHC) for Washington State. In the absence of the delegate, Norma Sanchez will serve as an alternate. This resolution shall supersede all previous delegations to AIHC. Chairman or designee to sign all pertinent documents. To appoint Alison Ball as delegate to the Governor’s Indian Health Council. In the absence of the delegate, Norma Sanchez will serve as an alternate. This resolution shall supersede all previous delegations to the Governor’s Indian Health Council. Chairman or designee to sign all pertinent documents. To appoint Andy Joseph Jr., as delegate to the Northwest Portland Area Indian Health Board (NWPAIHB). In the absence of the delegate, Alison Boyd Ball will serve as an alternate. This resolution shall supersede all previous delegations to NWPAIHB. Chairman or designee to sign all pertinent documents. That the Colville Tribes formally recommend to the Washington State Redistricting Commission that the congressional and state legislative districts covering the Colville reservation and the Tribes’ off-reservation trust lands not be redrawn. For congressional districts, Okanogan County should remain part of the 4th Congressional District, Ferry County part of the 5th Congressional District, and Chelan County part of the 8th Congressional District. For state legislative districts, the 7th Legislative District should continue to include Ferry County and the northern part of Okanogan County and the 12th Legislative District continues to include the southern part of Okanogan County and Chelan County. It is in the best interest of the Colville Tribes to be a constituent of multiple congressional and state representatives as the Tribes seeks to advance its federal and state agenda for the betterment of the Tribes and its citizens. To support a resolution application to NCAI & ATNI to provide comments during the Affordable Connectivity Program (ACP) comment period. To allow for Housing Authorities to submit for enrollment of an aggregation of 9 FOR (JF, KC, RS, DB, SZ, RF, JS, JME, TZB) 0 AGAINST 2 ABSTAINED (AB, NS) 9 FOR (JF, KC, RS, DB, SZ, RF, JS, JME, TZB) 0 AGAINST 2 ABSTAINED (AB, NS) 10 FOR (JF, KC, RS, NS, DB, SZ, RF, JS, JME, TZB) 0 AGAINST 1 ABSTAINED (AB) 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST Special Session September 9th, 2021 Elizabeth Gentemann, Executive Office Assistant Page 5 of 8 2021-655.tg subscribers to benefit from the ACP ($30/month) benefit. The Chairman or designee has authority to sign all documents pertaining to this agreement. CONFIDENTIAL 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 2021-656.tg 2021-657.tg To adopt Jaxon Charles Burns as applicant meets requirements of Section 8-1-160 Enrollment Ordinance and Constitution of the Confederated Tribes of the Colville Reservation. To adopt Rowdy L. Reuben as applicant meets requirements of Section 8-1-160 Enrollment Ordinance and Constitution of the Confederated Tribes of the Colville Reservation. 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 2021-658.tg To adopt Adrik Lee Finley as applicant meets requirements of Section 8-1-160 Enrollment Ordinance and Constitution of the Confederated Tribes of the Colville Reservation. 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 2021-659.tg 2021-660.nrc To adopt Wolfgang Valentino Dagon Arnold as applicant meets requirements of Section 8-1-160 Enrollment Ordinance and Constitution of the Confederated Tribes of the Colville Reservation. To approve the attached Fish and Wildlife Protocol for the authorized carry and use of firearms. The Chair or designee is authorized to sign all pertinent documents. 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 2021-661.nrc 2021-662.nrc To give permission to the BIA Regional Office Forestry Program to secure FY2021 End-of-Year funds to hire a Consultant to write a Programmatic Biological Assessment (BA) for all forestry project areas where Lynx and/or their habitat occur. This programmatic ESA Section 7 Consultation will be submitted to the USFWS to initiate Programmatic ESA Section 7 for Lynx-Forestry Reservation-wide Consultation. No Tribal dollars involved. The Chair or designee is authorized to sign all pertinent documents. To approve the attached FY 2021 Forestry Projects (FP) Expenditure Plan lists the expenditures that will be taken from the FP Account (FP0001FR14). These expenditures will be 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) Special Session September 9th, 2021 Elizabeth Gentemann, Executive Office Assistant Page 6 of 8 2021-663.nrc 2021-664.l&j 2021-665.l&j.m&b.cdc deposited into a special tribal account to be expensed per reforestation and site preparation requirements for each Timber Sale contract. These Special Project funds will be added to the Tribes FY 21 annual budget through modification. Any balance remaining unused after obligations and Timber Sale completion shall be surplused and deposited to the tribes as additional stumpage. The FY 2021 FP Expenditure Plan has identified $463,459.45 of unspent funding that will be returned back to the tribe. Whereas, it is the recommendation of the Natural Resources Committee to approve the FY 2021 Forestry Projects Expenditure Plan as presented. The Colville Business Chairperson or designee has the authority to sign all pertinent documents. In accordance with 25 CFR sections 163.14, it is the recommendation of the Branch of Forestry to proceed with the Chuweah Creek Fire Salvage. Whereas, it is also the recommendation of the Natural Resources Committee to approve the Kewa Fields Fire Salvage. The project encompasses approximately 6,014 acres; of which 4,741 acres are on trust land, and 1,273 acres are on allotments. The estimated volume is 20,000,000 board feet of which Ponderosa Pine is 85% and Douglas Fir/Western Larch is 15%. The Chuweah Creek Fire Salvage is: 90.1% (5,421 acres) of tractor skid system and 9.9% (593 acres) of cable skid system. The salvage will be a contract modification into the Buffalo Lake Logging Unit #311 Timber Contract. For the benefit of all Tribal members the Colville Business Council enacted resolution 2001-583 which in part states: “For cultural and restoration and economic value…” All salvage operations…be handled in a manner that expedites the Tribes objectives”. Chairperson or designee has the authority to sign all pertinent documents. To sign the attached Memorandum of Understanding with the National Indian Gaming Commission regarding Criminal History Record Information August 2021. Chairman or designee authorized to sign all pertinent documents. CONFIDENTIAL 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST 2021-666.l&j To enact the amendments for Chapter 6-19 Industrial Hemp as proposed (attached). Chapter 6-19 has been processed utilizing CBC Procedural Rule 3 (b), (e), and (g) were followed. No comments have been received during this comment period. Once approved, a copy shall be forwarded to 0 ABSTAINED 11 FOR (JF, KC, RS, NS, DB, SZ, RF, AB, JS, JME, TZB) 0 AGAINST Special Session September 9th, 2021 Elizabeth Gentemann, Executive Office Assistant Page 7 of 8 the Code Reviser for certification and distribution. It is further the recommendation of the Law & Justice Committee to submit Chapter 6-19 to the USDA as the Tribes Hemp Plan. Chairman or designee to sign all pertinent documents. 0 ABSTAINED Special Session September 9th, 2021 Elizabeth Gentemann, Executive Office Assistant Page 8 of 8 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Ac4e163a0516f842e. Public record. Not legal advice.