COLVILLE CONFEDERATED TRIBES (2022)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

March 23, 2022

Resolution Index

Condensed by, Kelli Tonasket, Executive Office Assistant

Present:

Andy Joseph Jr., Jack Ferguson, Karen Condon, Richard Swan Sr., Norma Sanchez,

Dustin Best, Shar Zacherle, Roger Finley, Alison Boyd-Ball, Marvin Kheel, JarredMichael Erickson, Tyler Zacherle-Boyd

Delegation/Leave:

Joseph Somday, Virgil “Smoker” Marchand

Resolution No.

2022-161.fish

10-Signature

2022-162.m&b.cdc.tg

10-Signature

Condensed Recommendation Information

To authorize Chair or designee's signature on the

Infrastructure Investment and Jobs Act Funding for Fish

Passage and Pacific Salmon letter to NOAA Fisheries

Administrator Dr. Rick Spinrad dated March 8, 2022, no

Tribal dollars associated.

To approve the contract proposal for Amherst Wilder in the

amount of $125,000.00 to conduct a long-term reservation

population study. Chairman or designee to sign all pertinent

documents.

Colville Business

Council Vote Tally

10 FOR (JME, DB, AJ, NS,

SZ, JF, JS, RF, VSM,

TZB)

0 AGAINST

0 ABSTAINED

Rationale: Comment

submission deadline to

NOAA Fisheries is March

22, 2022.

10 FOR (NS, AB, KC, DB,

AJ, JME, JS, VSM, TZB,

RF)

0 AGAINST

0 ABSTAINED

2022-163.hhs

10-Signature

To approve the Greenway settlement agreement in the

amount of $333,269.70. Chairman or designee is authorized

to sign all pertinent documents.

Rationale: Timelines.

10 FOR (NS, AJ, SZ, JF,

MK, JME, VSM, TZB, RF,

JS)

2 AGAINST (AB, DB)

0 ABSTAINED

2022-164.hhs

Following a review of the Revised Draft Cost-Based Rate

(CBR) Proposal for the San Poil Treatment Center (SPTC)

that the rate of $995.73 for FY 2021 with a proposed annual

growth rate of 6.34% be approved and submitted to the State

of Washington and the Centers for Medicare and Medicaid

Special Session

March 23, 2022

Kelli Tonasket, Executive Office Assistant

Page 1 of 8

Rationale: Timelines.

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

2022-165.hhs

2022-166.m&b.cdc

2022-167.m&b.cdc

2022-168.m&b.cdc

2022-169.m&b.cdc

2022-170.m&b.cdc

Services (CMS) for review and consideration. Chairman or

designee authorized to sign all pertinent documents.

To approve the Data Share Agreement with Department of

Social and Health Services (DSHS) and Colville

Confederated Tribes Area Agency on Aging. Agreement

will be January 1, 2022 to December 31, 2023. Chair or

designee authorized to sign all pertinent documents.

To initiate a resolution to PO-21-N24 between I.H.S. and

the Colville Confederated Tribes. The memorandum of

agreement will provide I.H.S. funding provided by the

Environmental Protection Agency (EPA) for $40,000.00 for

Keller, Seaton Grove, Malott, Omak HUD, and Rocky River

Road community water systems for the Colville

Confederated Tribes. The Chairman of the Colville

Business Council or authorized designee shall sign all

related documents.

To initiate a resolution to PO-21-N31 between I.H.S. and

the Colville Confederated Tribes. The memorandum of

agreement will provide I.H.S. funding for $297,018.00 and

the Colville Confederated Tribe to provide $118,482.00 to

provide the installation of a reliable back up power source to

ensure water pumps and operable during power outages.

The total estimated cost of the proposed facilities is

$415,500.00 for the Colville Confederated Tribes. The

Chairman of the Colville Business Council or authorized

designee shall sign all related documents.

To approve Actual Cash Value (ACV) on Insurance Claim

#2021365369-3881341 on Fish & Wildlife 2914 Columbia

River Road, Okanogan and 2977 Columbia River Road,

Okanogan in the amount of $765,394.64. To authorize

Chairman and/or designee to sign all pertinent documents.

To amend the donation amount to $3,000.00 for the

Nespelem Mother's Day Celebration. Funds to be

distributed from the Donations account and added to the

annual Tribal Gathering budget. To come from the current

budgeted amount.

CONFIDENTIAL

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

2022-171.m&b.cdc.

To approve support to some time-sensitive tasks related to

implementing Phase 2 work of the salmon reintroduction

upstream of Chief Joseph Dam and Grand Coulee Dam.

The funding will go towards purchasing and installing 3 net

pens to rear Chinook salmon in the blocked area, labor costs

Special Session

March 23, 2022

Kelli Tonasket, Executive Office Assistant

Page 2 of 8

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

2022-172.m&b.cdc

2022-173.m&b.cdc

2022-174.m&b.cdc

for the contractor (Biomark) to install up to 30,000 PIT tags,

and a contract for a firm to develop a site assessment and

alternatives for a rearing facility on the Louie Creek

property in the San Poil which the Tribes recently purchased

for that purpose. Chairperson or designee to approve all

pertinent documents.

To approve the Fiscal Year 2022 Accounting Budget

increase in the amount of $67,500.00 for the reclassification

of positions. Chair or designee authorized to sign all

relevant documents.

To approve $76,962.00 for nfp Accounting Technologies to

provide new MIP Accounting software, training, and annual

support and maintenance to support eh Confederated Tribes

of the Colville Reservation Government from an approved

tribal budget. Chair or designee authorized to sign all

relevant documents.

To approve a rebate equal to 75% of the State Fuel Tax at all

tribally licensed fueling stations. Chair or designee to sign

all pertinent documents.

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

2022-175.m&b.cdc

2022-176.tg.l&j

2022-177.tg

To approve the Environmental Review for 2022 Modular

Office Purchase and Installation project. This categorically

excluded activity/project cannot convert to Exempt because

there are circumstances which require compliance with one

or more federal laws and authorities cited at §58.5. CIHA

will complete consultation/mitigation protocol requirements,

publish NOI/RROF and obtain "Authority to Use Grant

Funds" (HUD 7015.16) per Section 58.70 and 58.71 before

committing or drawing down any funds. Chairman or

designee is authorized to sign pertinent documents. No

Tribal dollars.

To recommend Council Members Karen Condon, Jack

Ferguson, and Norma Sanchez for participation in the

marijuana compact negotiations. Chairman or designee to

sign all pertinent documents.

To make Jarred-Michael Erickson the Nespelem

Representative alternate for the 2022 Elections Committee.

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

8 FOR (RS, DB, SZ, RF,

AB, MK, JME, TZB)

0 AGAINST

3 ABSTAINED (KC, NS,

JF)

10 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

TZB)

0 AGAINST

2022-178.tg

To appoint Mari St. Pierre as the Omak Representative

alternate for the 2022 Elections Committee

Special Session

March 23, 2022

Kelli Tonasket, Executive Office Assistant

Page 3 of 8

1 ABSTAINED (JME)

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

2022-179.tg

2022-180.tg

To follow CBC Procedural Rules 3 (a), (b), (e), (f) & (g) for

amendments to Chapter 8-1, Membership. The proposed

amendments allow the Chief Enrollment Officer to pursue

blood corrections with the Enrollment Committee, by

presenting clear and convincing evidence, that a blood

degree other than that which is listed on the roll is the

correct blood degree and what the precise blood degree to be

listed on the roll should be. A vote by a majority of the

Enrollment Committee in favor of the Chief Enrollment

Officer's recommendation will cause the recommendation to

become final. It is the additional recommendation of the

Tribal Government Committee to set a 45-day comment

period, bringing the matter back to Committee on June 9,

2022.

To approve the 2022 May Elder Quarterly Stipend, from

account PL75747012, in the amount of $350.00 to each

eligible tribal member age 55 and older of the Confederated

Tribes of the Colville Reservation. Elder Stipend shall be

distributed on or before May 2, 2022. Eligibility for the

Elder Stipend shall be: age 55, enrolled and living as of

midnight of March 31, 2022. The following shall not apply

to the 2022 May Elder Stipend: Debt Set-Off Ordinance and

Retro Active Payments. Department hold list is due April 4,

2022. The following departmental holds shall be approved

for deposit into the tribal members IIM account:

0 ABSTAINED

9 FOR (JF, RS, DB, SZ,

RF, AB, MK, JME, TZB)

2 AGAINST (NS, KC)

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

1. Social Services (Regular) Court Order/Voluntary

consent for adults.

2022-181.tg

2. Enrollment

Checks past 90 days

CONFIDENTIAL

Deceased Elders/Unclaimed

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

2022-182.ele

To appoint Roger Finley as the Inchelium District alternate

of the 2022 Elections Committee.

0 ABSTAINED

8 FOR (JF, KC, NS, DB,

SZ, AB, JME, TZB)

0 AGAINST

2022-183.ele

To appoint Storey Jackson as the Keller District alternate of

the 2022 Elections Committee.

3 ABSTAINED (RF, MK,

RS)

8 FOR (JF, KC, NS, SZ,

RF, AB, JME, TZB)

0 AGAINST

Special Session

March 23, 2022

Kelli Tonasket, Executive Office Assistant

Page 4 of 8

2022-184.nrc

2022-185.nrc

2022-186.fish

2022-187.fish

2022-188.fish

2022-189.fish

2022-190.fish

To delegate Jarred Erickson to apply to become a member

of the Wildfire Commission. The delegate is authorized to

complete and submit the attached application online on or

before March 25, 2022.

To approve the consultant contract with Cougar

Environmental, Inc. for the 2022 Stand Exam Contract.

Contract price will not exceed $216,055.00. This project is

a large scaled stand exam contract designed to sample a

variety of forest timber types across the commercial forest.

Data will be used to develop timber sale plans and maintain

a forest wide inventory. The project is funded with Federal

Funding. Chairperson or designee has the authority to sign

all pertinent documents.

To approve change order #3 312421 USGS C19-228 adding

an additional $73,859.00 bringing the total contract value to

$281,792.00, extending the date to May 31, 2023, and

adding fund 312422. Chairman or his/her designee to sign

all pertinent documents.

To approve Sub-Contract Trout Unlimited Washington

Water Project in the amount of $413,000.00 dates are from

when signed, to June 30, 2023. Chairman or his/her

designee to sign all pertinent documents.

To approve the new award for 911822 Colville Regional

Coordination in the amount of $69,673.00 and contract dates

are from April 1, 2022 to March 31, 2023. Chairman or

his/her designee to sign all pertinent documents

To approve Cates & Erb sub-contract to complete the Fish

& Wildlife gravel road reparation project at Riverside Pond

Access Road, Brooks Tract Access Road, Fish Weir Access

and Gravel Road Encircling Acclimation Pond off Brooks

Tract. Chairman or his/her designee to sign all pertinent

documents.

To approve the new award for 752622 Department of

Natural Resources in the amount of $99,000.00 and date

dates are from when signed to June 30, 2022. "CCT

provides the following irrevocable limited waiver of

sovereign immunity from suit or legal process with respect

to this agreement. CCT consents to suit by state, acting

through Washington Department of Natural Resources, in

the Superior Court of Washington State for Thurston County

(including all courts of the State to which decisions of such

court may be appealed) if, and only if the claims in the suit

relate to the making, formation of validity of, or obligations

Special Session

March 23, 2022

Kelli Tonasket, Executive Office Assistant

Page 5 of 8

3 ABSTAINED (MK, RS,

DB)

10 FOR (KC, RS, NS, DB,

SZ, RF, AB, MK, TZB)

0 AGAINST

1 ABSTAINED (JME)

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

2022-191.fish

under this agreement. CCT hereby expressly and

irrevocably waives any application of the exhaustion of

Tribal remedies or abstention doctrine and any other law,

rule, regulation or interpretation that might otherwise

require, as a matter of law or comity, that resolutions of any

of the following matters to which this limited waiver of

sovereign immunity applies be heard first in tribal court or

any other dispute resolution process of CCT." Chairman or

his/her designee to sign all pertinent documents.

To approve the 2022 Colville Okanogan and Columbia

River Mainstem Sockeye Fishery Regulations. Chairman or

his/her designee to sign all pertinent documents.

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

2022-192.fish

To approve the 2022 Chief Joseph Dam Tailrace Summer/Fall Chinook Fishery Regulations. Chairman or

his/her designee to sign all pertinent documents.

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

2022-193.fish

To approve the 2022 Colville Spring Chinook Chief Joseph

Dam Tailrace and Columbia River Mainstem Fishery

Regulations. Chairman or his/her designee to sign all

pertinent documents

0 ABSTAINED

10 FOR (JF, KC, RS, NS,

DB, SZ, RF, MK, JME,

TZB)

0 AGAINST

0 ABSTAINED

2022-194.fish

To approve the 2022 Okanogan & Columbia River

Summer/Fall Mainstem Chinook Fishery Regulations.

Chairman or his/her designee to sign all pertinent

documents.

*Out of the room (AB)

10 FOR (JF, KC, RS, NS,

DB, SZ, RF, MK, JME,

TZB)

0 AGAINST

0 ABSTAINED

2022-195.fish

To approve the 2022 Upper Columbia & Okanogan River

Steelhead Fishery Regulations. Chairman or his/her

designee to sign all pertinent documents.

*Out of the room (AB)

10 FOR (JF, KC, RS, NS,

DB, SZ, RF, MK, JME,

TZB)

0 AGAINST

0 ABSTAINED

2022-196.fish

To approve the 2022 Colville Ps'Quosa Icicle Creek Spring

Chinook Fishery Regulations. Chairman or his/her designee

to sign all pertinent documents.

*Out of the room (AB)

10 FOR (JF, KC, RS, NS,

DB, SZ, RF, MK, JME,

TZB)

0 AGAINST

0 ABSTAINED

*Out of the room (AB)

Special Session

March 23, 2022

Kelli Tonasket, Executive Office Assistant

Page 6 of 8

2022-197.fish

To approve the 2022 Colville Ps'Quosa Coho Fishery

Regulations. Chairman or his/her designee to sign all

pertinent documents.

10 FOR (JF, KC, RS, NS,

DB, SZ, RF, MK, JME,

TZB)

0 AGAINST

0 ABSTAINED

2022-198.fish

To approve the 2022-2024 Non-Member Fishing

Regulations. Chairman or his/her designee to sign all

pertinent documents

*Out of the room (AB)

10 FOR (JF, KC, RS, NS,

DB, SZ, RF, MK, JME,

TZB)

0 AGAINST

0 ABSTAINED

2022-199.cul

2022-200.cul

2022-201.cul

2022-202.cul

2022-203.cul

That John Sirois, Traditional Territory Advisor, be approved

to sit on the University of Washington Native American

Advisory Board. Alternate will be Karen Condon. As this

Board extends the relationships the CCT has with

organizations in the CCT Traditional Territories, it will

serve as a key relationship for Mr. Sirois to carry out his

program responsibilities. Chairman or designee to sign all

pertinent documents.

That John Sirois, Traditional Territory Advisor, be approved

to sit on the Methow Valley Citizens Council. Alternate

will be Dustin Best. As this Board extends the relationships

the CCT has with organizations in the CCT Traditional

Territories, it will serve as a key relationship for Mr. Sirois

to carry out his program responsibilities. Chairman or

designee to sign all pertinent documents

That John Sirois, Traditional Territory Advisor, be approved

to sit on the WA State Heritage Board. As this Board

extends the relationships the CCT has with organizations in

the CCT Traditional Territories, it will serve as a key

relationship for Mr. Sirois to carry out his program

responsibilities. Chairman or designee to sign all pertinent

documents

That John Sirois, Traditional Territory Advisor, be approved

to sit on the Native American Agricultural Fund Board.

Alternate will be Norma Sanchez. As this Board extends the

relationships the CCT has with organizations in the CCT

Traditional Territories, it will serve as a key relationship for

Mr. Sirois to carry out his program responsibilities.

Chairman or designee to sign all pertinent documents.

That John Sirois, Traditional Territory Advisor, be approved

to sit on the Chelan Douglas Land Trust Board. As this

Board extends the relationships the CCT has with

organizations in the CCT Traditional Territories, it will

serve as a key relationship for Mr. Sirois to carry out his

Special Session

March 23, 2022

Kelli Tonasket, Executive Office Assistant

Page 7 of 8

*Out of the room (AB)

10 FOR (JF, RS, NS, DB,

SZ, RF, AB, MK, JME,

TZB)

0 AGAINST

1 ABSTAINED (KC)

10 FOR (JF, KC, RS, NS,

SZ, RF, AB, MK, JME,

TZB)

0 AGAINST

1 ABSTAINED (DB)

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

10 FOR (JF, KC, RS, DB,

SZ, RF, AB, MK, JME,

TZB)

0 AGAINST

1 ABSTAINED (NS)

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

2022-204.cul

2022-205.l&j.m&b.cdc

2022-206.l&j

program responsibilities. Chairman or designee to sign all

pertinent documents.

That Chuck Brushwood, be approved to sit on the Icicle

Working Group. Alternate will be John Sirois. As this

Board extends the relationships the CCT has with

organizations in the CCT Traditional Territories, it will

serve as a key relationship for Mr. Sirois to carry out his

program responsibilities. Chairman or designee to sign all

pertinent documents.

To approve the attached Attorney Salary Scale for the Office

of Reservation Attorney. This scale will become effective

on the first day of the next pay period following approval by

the Colville Business Council, will apply to current and

future attorneys employed with the Office of Reservation

Attorney, and will supersede all previous salary scales for

attorneys. The Chairman or his designee is authorized to

sign all pertinent documents.

CONFIDENTIAL

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

8 FOR (JF, RS, NS, DB,

RF, MK, JME, TZB)

2 AGAINST (AB, SZ)

2022-207.l&j

2022-208.l&j

To approve the MOU BETWEEN THE CONFEDERATED

TRIBES OF THE COLVILLE RESERVATION AND THE

STATE OF WASHINGTON REGARDING SPORTS

WAGERING SERVERS OPERATED BY THE TRIBES, in

accordance with Colville Tribes/Washington State Appendix

S-Sports Wagering; and the Chairman or designee shall

have authority to sign any and all necessary documents.

To authorize the Chairman to sign the FEMA-Tribe

Agreement for the major disaster, designated FEMA 4631DR under the Robert T. Stafford Disaster Relief and

Emergency Assistance Act, 42 U.S.C. 5121-5207 (Stafford

Act), in accordance with 44 CFR 206.44. This Agreement

between the United States through the Regional

Administrator, Federal Emergency Management Agency

(FEMA), Department of Homeland Security (DHS) or

his/her delegate, and the Confederated Tribes of the Colville

Reservation (Tribes) governs all federal assistance FEMA

provides the Tribe for this declaration. Pursuant to

Resolution 2019-387, Sabrina Desautel has been previously

identified as the Tribal Authorized Representative (TAR)

and the Tribal Coordinating Officer (TCO) has been

identified as Jim Nanamkin; therefore, each are empowered

to execute on behalf of the Tribes all necessary documents

for federal assistance, including approval of subawards and

certifications of claims for Public Assistance.

Special Session

March 23, 2022

Kelli Tonasket, Executive Office Assistant

Page 8 of 8

1 ABSTAINED (KC)

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED

11 FOR (JF, KC, RS, NS,

DB, SZ, RF, AB, MK,

JME, TZB)

0 AGAINST

0 ABSTAINED