COLVILLE CONFEDERATED TRIBES (2024)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

August 8th, 2024

Resolution Index

Condensed by, Tabitha Parr, Executive Office Assistant

Present:

Jarred-Michael Erickson, Cindy Marchand, Patrick Tonasket, Roger Finley, Meghan

Francis, Dayna Seymour, Alison Boyd-Ball, Steve Carson, Dustin Best, Shar Zacherle,

Kyle Etchison, Mel Tonasket

Delegation/Leave:

Norma Sanchez, Karen Condon

Resolution No.

2024-642.l&j

10-Signature

Condensed Recommendation Information

Law & Justice Committee to approve the attached letter

regarding assistance from the Washington State Patrol.

Chairman or designee is authorized to sign.

Colville Business

Council Vote Tally

10 FOR (KC, NS, RF, DS,

JE, MF, PT, SZ, SC, MT)

0 AGAINST

0 ABSTAINED

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10-Signature

2024-644.cdc

10-Signature

Law & Justice Committee for the Legal Office to submit an

application to the Legal Foundation of Washington to fund

three years of summer legal internships for young members

of our community and that indirect costs be waived for this

funding. The Chair of the Colville Business Council or his

designee shall be authorized to sign all pertinent documents.

Community Development Committee to approve CCT DOT

New Subpart J application for Mountain Ridge Homes Road

Improvement Project, Keller, WA and budget in the amount

of $1,751,637.00. No Tribal Dollars. Chairman or Designee

to sign all pertinent documents.

Rationale: Timelines OnGoing emergency situation.

10 FOR (DB, SZ, CM, DS,

JE, NS, MF, MT, RF, SC)

0 AGAINST

0 ABSTAINED

Rationale: New funding

with short timelines.

10 FOR (RF, MT, SZ, AB,

JE, DB, CM, PT, MF, SC)

0 AGAINST

0 ABSTAINED

Rationale: CCT DOT

received an email from

AOTR from NWRO BIA

DOT today 7/24/24, that

redistribution of the

allocated funds for FY24

are to be returned for

August redistribution if

they do not get a resolution

by June 26, 2024. To not

get our funds returned for

redistribution we are

seeking emergency 10signature.

Special Session

August 8th, 2024

Tabitha Parr, Executive Office Assistant

Page 1 of 9

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10-Signature

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10-Signature

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TABLED

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Community Development Committee to approve Wheeler

Excavation, LLC contract in the amount of $882,361.45 for

Mushroom Corner Road Improvement project located in

Nespelem, WA. No Tribal Dollars. Chairman or Designee to

sign all pertinent documents.

Community Development Committee to approve Wheeler

Excavation, LLC Contract in the amount of $1,153,215.85

for Lower & Upper Loop Road Improvement project located

in Nespelem, WA. No Tribal Dollars. Chairman or Designee

to sign all pertinent documents.

Health & Human Services and Management & Budget

Committees to authorize a one-time payment to be approved

by the Health Care Authority Finance Division. Moss

Adams identified an overpayment for the fifth-year annual

claims review totaling $141,238.10. Chairman or Designee

to sign all pertinent documents.

Management & Budget to approve the funding to the Banks

Lake Golf Course Project in the amount of $1,723,934.00

and to utilize federal funding awards TANF, 477 Funding

and other applicable federal sources to support the

developmental of the course. The Chairperson or Designee

is authorized to sign all pertinent documents.

Management & Budget and Community Development

Committees to enter into a Memorandum of Agreement with

Tribal Solid Waste Advisory Network (TSWAN) to

participate and assist the Confederated Tribes of the Colville

Reservation in their efforts for a new recycling center.

Chairman or Designee is authorized to sign all pertinent

documents.

Management & Budget Committee to approve the attached

budget modification 0001 to the Police Departments 101024

Federal funding. A net increase of $1,648,813.00. No Tribal

Special Session

August 8th, 2024

Tabitha Parr, Executive Office Assistant

Page 2 of 9

11 FOR (RF, CM, AB, JE,

DB, KE, DS, SC, MF, MT,

SZ)

0 AGAINST

0 ABSTAINED

Rationale: The Contractor

needs to schedule subcontractors as soon as

possible due to the

construction season

nearing the end. The CCT

DOT needs to get a

contract in place as soon as

possible to get the project

completed in a timely

manner.

10 FOR (RF, MT, SZ, MF,

AB, JE, CM, DB, KC, DS)

0 AGAINST

0 ABSTAINED

Rationale: Contractor

needs to schedule subcontractors asap due to the

construction season come

close to an end. Need to get

contract in place asap to

get the project complete in

a timely manner.

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

*TABLED VOTE*

10 FOR (SC, PT, AB, MF,

CM, KE, DS, RF, SZ, DB)

1 AGAINST (MT)

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

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Dollars requested. Chair or Designee to sign all pertinent

documents.

0 AGAINST

Management & Budget Committee to rescind Resolution

2004-615 in its entirety. Chair or Designee to sign all

relevant documents.

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

Management & Budget Committee to allow the CCT

Information Technology program to exclusively handle all

technological purchases. IT CIO or Designee will ensure an

assessment is provided to determine the appropriate standard

IT equipment to be utilized by required tribal programs and

associated Tribal entities. IT CIO or Designee is required to

initial all requisitions requesting IT equipment, to ensure the

requested equipment is in accordance with the Colville

Tribes IT goals and objectives.

List of equipment is including but not limited to: standard IT

equipment, security systems, door controls, wireless

cellphones, wireless access points, network switches,

computer hardware, computer software, Internet of Things

(IoT) devices, Virtual reality (VR) and augmented reality

(AR) devices, drones, 3D printers, printers, copiers,

entertainment systems (smart TV's, streaming devices), and

telecommunications equipment. Only the IT program is

authorized to make these purchases in alignment with the

Tribal Information Technology goals and objectives.

Chair or Designee to sign all relevant documents.

Management & Budget Committee to allow Information

Technology, Chief Information Office to engage in "Sole

Source Purchasing" for Information Technology equipment

and peripherals, ensuring that the selected vendor provides

the most cost-effective solution. No other program is

permitted to engage in sole sourcing for any IT-related

products without consulting the Information Technology

program. IT will periodically complete three bids for

comparable costing to meet procurement requirements.

Chair or Designee to sign all relevant documents.

Management & Budget to approve the Pole License

Agreement between The Confederated Tribes of the Colville

Reservation and Ferry County PUD District No. 1. This

agreement will allow the joint use of utility poles in Ferry

County to support aerial fiber for broadband infrastructure

in the community. Chairman or Designee authorized to sign

all pertinent documents.

Special Session

August 8th, 2024

Tabitha Parr, Executive Office Assistant

Page 3 of 9

0 ABSTAINED

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

10 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ)

1 AGAINST (DB)

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

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Community Development Committee to appoint Shannon

Rosenbaum to Bigfoot Communications, LLC Board of

Directors to serve a 3-year term. Mrs. Rosenbaum has

completed all processes of eligibility and approval from the

Bigfoot Board of Managers. If 3 years lapse before

replacement they shall continue to serve until replacement

has been selected.

Community Development Committee to approve the

attached comment points for presentation to FEMA

regarding the grant process. Charissa Eichman, Office of the

Reservation Attorney, is authorized to present these

comments verbally on the record to FEMA.

Community Development and Management & Budget

Committees to approve this contract for $463,250.00

between the Colville Confederated Tribes and JR

Construction to Construct a new pumphouse for Project PO22-N33 Twin Lakes Community Water System and

Secondary Well and Pump house. Resolution 2022-791.

Chairman or Designee to sign all pertinent documents.

Community Development and Management & Budget

Committees to approve and initiate amendment No. 1 for

resolution 2022-793 for PO-22-N38 between IHS and the

Colville Confederated Tribes. The project cost is increased.

Contribution from the U.S. Environmental Protection

Agency (EPA) is contributing $56,089.00. The overall

project cost is increased from $466,900.00 to $522,989.00.

Also changing Disautel Community to Malott Community

water system. The IHS and Tribal contributions remains the

same. This amendment also extends the project schedule.

The Chairman or Designee to sign all pertinent documents.

Tribal Government Committee to amend Article VI, Section

1 of the Constitution of the Confederated Tribes of the

Colville Reservation, whereby the Constitution will be

amended to remove the requirement that "but no amendment

shall become effective until it shall have been approved by

the Commissioner of Indian Affairs."

It is the additional recommendation of the Tribal

Government Committee to amend Article VI, Section 1 of

the Constitution of the Confederated Tribes of the Colville

Reservation, whereby the Constitution will be amended to

read "Provided, that two-thirds (2/3) of the seated Colville

Business Council members vote yes."

It is the additional recommendation of the Tribal

Government Committee to amend Article VI, Section 1 of

the Constitution of the Confederated Tribes of the Colville

Special Session

August 8th, 2024

Tabitha Parr, Executive Office Assistant

Page 4 of 9

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

Reservation, whereby the Constitution will be amended to

replace the word "qualified voter" with "eligible voter."

It is the additional recommendation of the Tribal

Government Committee, pursuant to 25 CFR Section 81.6,

that this serve as the Tribes official request for the Secretary

to call a Secretarial Election.

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It is the additional recommendation of the Tribal

Government Committee that the Enrollment and/or Election

Department(s) provide an electronically sortable list of all

the names, last known addresses, dates of birth and voting

districts of any and all tribal members who will be 18 years

of age or older within 120 days of the date of this

Resolution.

Tribal Government and Management & Budget Committees

to approve the budget modification to move the unspent

Information Technology Inventory and Human Resources

program funds to Enrollment in the amount of $312,500.00.

No additional tribal funds required.

Tribal Government and Law & Justice Committees to

recommend the approval and signature to the attached

Avista Utilities letter on Joint Use. Chair or Designee to sign

all relevant documents.

Tribal Government Committee to appoint Roberta Bearcub

as an alternate on the CTER Board (Council for Tribal

Employment Rights). If a board member for the National

Organization is unavailable, Roberta Bearcub, was

requested by the PNW TERO Board to fulfill the position.

Chairman or Designee is authorized to sign all pertinent

documents.

Councilwoman Meghan Francis has been participating with

kʷu cnxiʔ. kʷu cnxiʔ is a group that works to recreate

indigenous education practiced prior to colonization. There

are no potential conflicts with her continued activities with

this group. Therefore, it is the recommendation of the Tribal

Government Committee that Meghan Francis is authorized

to continue working with kʷu cnxiʔ, including taking board

positions.

Tribal Government Committee to authorize the Chairman or

his Designee, to formally request, through the signing of the

attached letter, the reversal of two payments from the

August 2024 Per Capita Payment by the Bureau of Trust

Fund Administration. Due to administrative error, two

Beneficiaries were inadvertently placed on the Hold list

resulting in their payments being deposited into the minor's

Special Session

August 8th, 2024

Tabitha Parr, Executive Office Assistant

Page 5 of 9

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

10 FOR (SC, MT, PT, AB,

CM, KE, DS, RF, SZ, DB)

0 AGAINST

1 ABSTAINED (MF)

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

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TABLED

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IIM accounts. To correct this, the payments need to be

reversed from the IIM accounts and deposited into the

Tribe's account PL7219709. For details regarding the

Beneficiary's IIM account numbers, please see

accompanying spreadsheet. Once reversed, these payments

will then be dispersed to their respective parent/guardian by

CCT Enrollment as requested.

Tribal Government Committee to ADOPT QWASQI

KLISTEN WHELSHULA-BOYD, as applicant meets

requirements of Section 8-1-160 of Enrollment Ordinance

and Constitution of the Confederated Tribes of the Colville

Reservation.

Education & Employment Committee to approve the

contract with the Special Education teacher for the 24-25

school year at $78,008.00. Chairman or Designee to sign all

pertinent documents.

Education & Employment Committee to approve the

contract with the 5th Grade Instructor for the 24-25 school

year at $78,008.00. Chairman or Designee to sign all

pertinent documents.

Education & Employment Committee to approve the

contract with the P.E. Instructor in the amount of $60,101.00

for 24-25 school year. Chairman or Designee to sign all

pertinent documents.

Natural Resources Committee to approve the United States

Department of Agriculture (USDA) lease contract number

57-53047-20-NR. The Chairman or Designee to sign all

pertinent documents.

Amend Tribal Resolution No. 2017-618 to correct the

language as follows: it is the recommendation of the Natural

Resources Committee request to the United States Secretary

of the Interior to approve to acquire 3.48 acres, more or less

of land located within the exterior boundaries of the Colville

Indian Reservation into trust for the Confederated Tribes of

the Colville Reservation, a federally recognized tribe under

Federal Register No. 7445, Vol. 86, No. 18 dated January

29, 2021.

Parcel No. 40600000103: That part of the North half of Lots

1 and 2, East Wenatchee Land Company’s Plat of parts of

Sections 26 and 27, Township 23 North, Range 20 East of

the Willamette Meridian, Douglas County, Washington,

Special Session

August 8th, 2024

Tabitha Parr, Executive Office Assistant

Page 6 of 9

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

*TABLED VOTE*

10 FOR (SC, MT, PT, MF,

CM, KE, DS, RF, SZ, DB)

0 AGAINST

1 ABSTAINED (AB)

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

according to the plat thereof recorded in Volume A of Plats,

Page 198, lying below the canal of the Wenatchee

Reclamation District.

EXCEPT that portion conveyed to the State of Washington

by deed recorded September 14, 1971, under Auditor’s File

No. 161895.

ALSO EXCEPT, that portion conveyed to the State of

Washington by deed recorded September 30, 2009 under

Auditor’s File No. 3138348.

The Tribe proposes to develop a travel plaza, fuel station,

and associated parking pursuant to Section 5 of the Indian

Reorganization Act of June 18, 1934 (48 Stat. 984); codified

25 U.S.C. §5108

Pursuant to 25 CFR §151.17, the Tribe specifically requests

that the Bureau of Indian Affairs (“BIA”) process the fee-totrust application under the new 25 CFR Part 151 regulations,

which were effective on January 11, 2024. The BIA shall

process the application under this part, EXCEPT for 25 CFR

§151.8(b)(2) which states, “Issue a decision on a request

within 120 calendar days after issuance of the notice of a

complete application package” and the BIA shall consider

the comments of the State and local governments submitted

under the notice of provisions of 25 CFR Part 151 (revised

as of April 1, 2023); and

The Confederated Tribes of the Colville Reservation does

not intend to use the subject property for gaming or gaming

related purposes.

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Chairman or Designee has authority to sign all pertinent

documents.

Natural Resources Committee to approve the letter to Dan

Newhouse showing interest in the M3 Agricultural

Technologies Sterile Insect Technique program. Chair or

Designee is authorized to sign the letter.

Fisheries Committee to approve a Memorandum of

Understanding substantially similar to the attached

regarding the P2IP. The ORA and outside counsel, Ziontz

Chestnut are authorized to work with the federal agencies to

finalize this MOU with language substantially similar to the

attached. Chairman or Designee is authorized to sign the

final MOU without further action of the Colville Business

Council, as long as no substantive changes are made.

Special Session

August 8th, 2024

Tabitha Parr, Executive Office Assistant

Page 7 of 9

10 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ)

1 AGAINST (DB)

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

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Fisheries Committee to approve the subcontract change

order #1 with John M. Willey to add additional $41,021.00

for a total contract amount of $543,961.00. This

modification covers the cost of moving materials to Antoine

Creek and the use of additional equipment needed for the

project. This is funded by BPA, fund number 316623. The

performance period is from February 24, 2024 - October 31,

2024. The Chairperson or Designee has authority to sign all

pertinent documents.

Fisheries Committee to support the Okanogan Conservation

District proposal through Washington State Conservation

Commission Riparian Grant Program to purchase Bonaparte

Meadows, 737.06-acre tract, with ~ 300 ac-ft. water right,

via a signed letter of support submitted with the Okanogan

Conservation District's proposal. The Chair or Designee is

authorized to sign all pertinent documents.

Law & Justice and Management & Budget Committees to 1)

approve the amended Job Description for the Chief

Enforcement Officer; 2) approve the FY2025 Budget and

Organizational Chart for the Marijuana Commission; and 3)

Approve the Retail Operations Plan for Commercial

Marijuana Retailers. Chairman or Designee to sign all

pertinent documents.

Law & Justice and Natural Resources Committees to rescind

resolution 2001-168 in its entirety. It is further

recommended that the policy stance of the Tribes regarding

Enloe Dam be as follows:

1) The Colville Tribes agrees to work cooperatively with

the Upper and Lower Similkameen Indian Bands on

projects related to the feasibility study to remove Enloe

Dam

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

2) The Colville Tribes agrees to work cooperatively with

the Upper and Lower Similkameen Indian Bands to

protect fishing rights and interests, including on projects

to facilitate a broader ecosystem approach to fisheries,

focusing on common restoration programming in the

Okanogan-Similkameen sub-basin.

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3) The Colville Tribes respects the spiritual and cultural

objections to modify natural channel conditions which

effect salmon passage at Enloe Dam, held by the Upper

and Lower Similkameen Indian Bands.

Law & Justice and Natural Resources Committees to

terminate contract C24-085 with the Okanogan Nation

Alliance regarding Lynx capture and relocation and send the

Special Session

August 8th, 2024

Tabitha Parr, Executive Office Assistant

Page 8 of 9

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

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attached termination letter. Chairman or Designee is

authorized to sign the attached letter.

Law & Justice and Natural Resources Committees to

terminate contract C24-249 with the Okanogan Nation

Alliance regarding habitat studies in the Okanogan River in

Canada. Chairman or Designee is authorized to sign the

attached letter.

Law & Justice and Natural Resources Committees to

terminate contract C24-212 with the Okanogan Nation

Alliance regarding data collection for the Okanogan Basin

Monitoring and Evaluation Program in the Okanogan River

in Canada. Chairman or Designee is authorized to sign the

attached letter.

Special Session

August 8th, 2024

Tabitha Parr, Executive Office Assistant

Page 9 of 9

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED

11 FOR (SC, MT, PT, AB,

MF, CM, KE, DS, RF, SZ,

DB)

0 AGAINST

0 ABSTAINED