# COLVILLE CONFEDERATED TRIBES (2016)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Ae177de5bc2085f0c

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

COLVILLE CONFEDERATED TRIBES
COLVILLE BUSINESS COUNCIL
Special Session
December 15th, 2016
Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Dr. Michael Marchand, Bessie Simpson, Andy Joseph Jr. (present at 9:11), Edwin Marchand,
William Womer, Sheilah Cleveland, Joseph Somday, Susie Allen, Ricky Gabriel, Georgia
Simpson, Larry Allen

Delegation/Leave:

Mel Tonasket, Jack Ferguson, Richard Tonasket,

Condensed Recommendation Information

Colville Business Council
Vote Tally

To amend Resolution 2015-27 and accept the State of Washington
Contract with Medicare Improvements for Patients and Providers Act
(MIPPA) 1469-28550 Amendment #02 extending the performance
through October 10, 2017, not to exceed $1,868.00. Including the
revised special terms and conditions according to said Amendment.
Chair or designee authorized to sign all pertinent documents.

12 FOR (AJ, SC, JS, MT, RT,
LA, SA, MM, WW, BS, EM,
GS)

Resolution No.

2016-702.hhs
10-Signature

2016-703.tg
10-Signature

2016-704.hhs
10-Signature

Whereas, the Confederated Tribes of the Colville Reservation (Colville
Tribes) is the owner of a parcel of property in Winlew, British
Columbia, and whereas Marilyn Lum-James and Lou Stone have
trespassed as well as broken and entered upon that property, and
whereas Marilyn Lum-James and Lou Stone are not authorized to
represent the Colville Tribes, the Colville Business Council, as the
governing body of the Colville Tribes, hereby Resolves that: (1) The
Colville Tribes declares that it is the owner of the tract of property in
Winlew, British Columbia, which property has been occupied by
Melissa Dorey and Angele Tuovinen; (2) Marilyn Lum-James and Lou
Stone are not now and never have been authorized to act as
representatives of the Colville Tribes in regard to any real property or
rights held by the Tribes in Canada; (3) It is the desire of the Colville
Tribes that Marilyn Lum-James and Lou Stone be charged with trespass
and with breaking and entering upon the property in Winlew, British
Columbia on or about November 29th and 30th, 2016; and (4) The
Colville Tribes requests that Marilyn Lum-James and Lou Stone be
charged with trespass if they enter upon the property in any way at any
time.
To accept amend #2 DSHS Division of Child Support (DCS)-Indian
Nation Program Agreement -FEDERAL OFFSET Certification. This
agreement is necessary to provide Federal Offset Certification action on

Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

0 AGAINST
0 ABSTAINED
Rationale: Timelines
10 (RT, MT, SA, JS, SC,
WW, MM, GS, JF, BS)
0 AGAINST
0 ABSTAINED
Rationale: Timelines

10 FOR (AJ, JS, WW, EM,
MT, RT, SA, RG, GS, SC)
0 AGAINST

Page 1 of 13

2016-705.hhs
10-Signature

cases involving Tribal Child Support or Tribal Temporary Assistance to
Needy Families (TANF) Program. All other terms and conditions of
the original contract remain in full force and effect. The agreement End
date is June 30th, 2017. The Chairman or designee is authorized to sign
all documents pertaining to this agreement.
For the approval for the eRA Commons Application query sent via
email (see attached documents). Chairman or designee to sign all
pertinent documents.

0 ABSTAINED
Rationale: Timelines
11 FOR (AJ, RT, SC, SA, JF,
EM, GS, BS, WW, JS, MM)
0 AGAINST
0 ABSTAINED

2016-706.e&e
10-Signature

To approve the TANF Plan for an additional 3 year period beginning
November 1, 2016 in the amount of $3,396,965 annually subject to
availability of funds.

Rationale: Timelines
10 FOR (SA, WW, EM, BS,
RT, MM, SC, JS, GS, JF)
0 AGAINST
0 ABSTAINED

2016-707.nrc
10-Signature

To support the request for $95,741.00 from the BIA for invasive
species control on the Colville Reservation. Funds will support
ongoing control efforts for invasive/noxious weeds on rangeland,
pastures, within natural areas and use of biological controls.

Rationale: Timelines
10 FOR (RT, JS, JF, BS,
MM, SC, EM, WW, MT,
GS)
0 AGAINST
0 ABSTAINED

2016-708.cul
10-Signature

To accept reimbursable grant funding from Washington State
Department of Commerce in the amount of $242,500 for ADA
renovations for the Colville Tribal Museum.

Rationale: Timelines
10 FOR (BS, RT, JF, WW,
JS, MM, SC, EM, MT, GS)
0 AGAINST
0 ABSTAINED

2016-709.cul
10-Signature

To rescind Resolution #2016-639. Chairman or designee is authorized
to sign.

Rationale: Timelines
10 FOR (BS, RT, JF, WW,
JS, MM, SC, EM, MT, GS)
0 AGAINST
0 ABSTAINED

2016-710.e&e
10-Signature

2016-711.l&j
10-Signature

To approve the Memorandum of Agreement between CCT TANF and
CCT Head Start for the purpose of assisting staff in becoming
compliant with the Head Start Act, working in partnership to maximize
the program resources, avoid duplication of services and to offer
meaningful services to eligible participants for each program. TANF
dollars identified is $51,223.00. No additional tribal dollars required.
Tribal Chairman or designee to sign all pertinent documents.
To approve and submit the attached 2017 Bureau of Indian Affairs
Attorney Fee Request in the amount of $559,700 and the 2017 Bureau
of Indian Affairs Litigation Support Request in the amount of $375,000
to the BIA Office of Trust Services via the Northwest Regional Office.
Chair or designee authorized to sign all pertinent documents.

Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

Rationale: Timelines
10 FOR (LA, EM, MM, JS,
AJ, RT, BS, WW, MT, JF)
0 AGAINST
0 ABSTAINED
Rationale: Timelines
10 FOR (SC, LA, GS, JF, SA,
BS, MM, MT, JS, EM)
0 AGAINST
0 ABSTAINED

Page 2 of 13

2016-712.hhs

2016-713.hhs

2016-714.hhs

2016-715.m&b.cdc

2016-716.m&b

2016-717.m&b

2016-718.m&b

2016-719.tg

To continue this annual contract with the Department of Health Office
of Emergency Preparedness and Response so as our Tribes can prepare
for, respond to, and recover from Health Emergencies. Chair or his
Designee authorized to sign all documents.
To approve No Cost Extension of DP-HH, CFDA #93.422,
Performance Period 9/29/16 to 9/29/17. This continuation is for
unspent funds of Special Diabetes Program for Indians (SDPI) with the
intent to spend toward original intent of DP-HH Grant. No Tribal
dollars. Chairman or designee to sign all pertinent documents.
To approve the two attached agreements: Tribal Voluntary Compliance
Agreement between the Tribes and the Office of Inspector General for
the United States Department of Health and Human Services; and
Settlement Agreement between the Tribes and the United States of
America. Chairman or designee to sign all pertinent documents.
To approve and authorize the scope of work change for the attached
listing of 638 construction contracts for the Columbia River Road
landslide repair. The contract modifications will include a breakout of
costs shared by contract number, and authorizes the Chairman or
Designee to sign all pertinent documents.
To approve the attached Service Agreement for an ATM Terminal for
the Government Center with KeyBank National Association. Chair or
designee to sign all pertinent documents.

To approve the attached lease for CTFC to lease office space from
Confederated Tribes of the Colville Reservation. Chairman or designee
to sign all pertinent documents.

To accept the Bonneville Power Association funding for FY 2017 (Dec
2016 thru Nov 2017) for the 2008-106-00 EXP ESA F&W Law
Enforcement in the amount of $226,146.00. Purpose of the contract is
to enhance the Colville Tribes' existing law enforcement program to
increase protection of Upper Columbia Spring Chinook and Steelhead,
both listed as endangered species, and their habitat and to provide
additional protection against illegal takes of Salmon, Steelhead,
Resident Fish and Wildlife species throughout their lifecycle. To
increase the levels of harvest and habitat enforcement in watersheds
with the Tribes' jurisdiction; enhance the efficiency of this effort by
promoting cooperation among all relevant entities and educate the
public on the plight of depleting fish and wildlife populations and the
need to protect their crucial habitat. No Tribal dollars. Indirect
$34,204. Chairperson or designee authorized to sign all documents
associated with this contract.
To adopt Deanna Michelle Martz, as applicant meets requirements of
Section 8-1-160 of Enrollment Ordinance and Constitution of the
Confederated Tribes of the Colville Reservation.

Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

Rationale: Timelines
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
9 FOR (BS, EM, WW, SC,
JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
*Out of the Room: (AJ)
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED

10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)

Page 3 of 13

0 AGAINST

2016-720.nrc

2016-721.nrc

2016-722.nrc

2016-723.nrc

2016-724.nrc

2016-725.nrc

2016-726.nrc

To approve the 2016-2017 wild horse chase and capture season to be
defined as year around, except for the months of March 1 thru May 31,
and allow permit holders to capture and unlimited number of horses in a
manner specified by the rules. Chair or designee is authorized to sign
all pertinent documents.
To approve the 2016-2017 Feral Horse Management Special Rules
authorizing the Range Department to pay a reward in the amount of
$150 per mare or gelding and $250 per stud at least one year old to
those individuals who fully comply with the rules for feral horses
captured in range units 25, 26, 30, 42, 17, 18, 22 and 40. Mares with a
foal are counted as a single horse. Money allocated to be paid as
reward is limited to $50,000 and will be paid on a first come, first serve
basis until expended. Chair or designee is authorized to sign all
pertinent documents.
To approve the new full award for 311917 Colville Hatchery M&E in
the amount of $788,126 and the dates are from December 1, 2016 to
November 30, 2017 and authorize the Chairman or his/her designee to
sign all pertinent documents. Attached is the new full award. No
Tribal dollars associated.
To approve the requisition to purchase the Vemco/Amirix in the
amount of $96,238.64 and authorize the Chairman or his/her designee
to sign all pertinent documents. Attached is the requisition. No Tribal
dollars associated.
To approve the new full award for 312016 Colville Hatchery O&M in
the amount of $1,316,422 and the dates are from December 1, 2016 to
November 30, 2017 and authorize the Chairman or his/her designee to
sign all pertinent documents. Attached is the new full award. No
Tribal dollars associated.
To accept the request from the Nevada Department of Wildlife and
move forward with a plan to trap and transport up to 100 wild turkeys
from the Colville Reservation to a release location in Nevada to aid in
their management. The CCT Fish and Wildlife Program will work on
specifics of the project in coordination with the Nevada Department of
Wildlife. The Chair or designee is authorized to sign all pertinent
documents.
To accept and approve Indian Health Service Lease No. 5-17010-16-26
and include the Medical and Office space known as the Omak Health
Facility on Tribal Tract 101-T3623 (por) described as:
101-T3623 (por): a one (1) acre portion of lot 8 of section 35, township
34 north, range 26 E, Willamette Meridian, Okanogan County,
Washington, described as follows: beginning at the NE corner of lot 8,
of said section, a brass cap also designated as Monument #7, in the
boundary of the Omak Townsite; thence S00°12'E, 144.25 Ft; thence
S43°12'W, 118.04 Ft; thence S41°34'W, 106.05 Ft to a point on the to a
point on the western ROW line of US Highway No. 97 and the true
point of beginning of this description; thence southerly along the
western ROW boundary of US highway 97, S36°14'W, 443.94 Ft;
thence N45°47'W, 337.15 Ft; thence N37°12'E, 155.7 ft.; thence

Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED

10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED

10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED

Page 4 of 13

2016-727.nrc

S89°42' E, 412.5 FT to the true point of beginning, containing 2.60
acres, more or less, after the above exception.
The physical location of the building is located a 500 Benton Street,
Omak, WA 98841 and consists of approximately 4,905 square feet of
net usable clinical and ancillary space. As part of the lease the Indian
Health Service will encumber all the cost of facility operations,
improvement and maintenance of the Omak Health Facility, including
parking lot.
TERM: 10 years (October 1, 2015-September 30, 2025) with an option
for another 10 years Compensation:
$1.00 per year, Subject to Fair
Market Value Bond: Required Administration Fee:
$15.00 (onetime fee). Lease Subject to conditions cited in IRMP Coordinators
review. Chairman or designee has authority to sign all pertinent
documents.
To approve and accept the Colville Confederated Tribes Information
Technology Right of way, to go under, over and across portion of the
Colville Tribal Tract Nos.: 101-T5509, 101-T5554, 101-T4570, 101T4186, 101-T5510, 101-T5799 described as: 101-T5509: the east-½
NE-¼ and the NE -¼ SE ¼ of section 8, Township 33 North, Range 27
East, Willamette Meridian, Okanogan County, Washington, Containing
120.00 acres, more or less. Total Tract Acres: 120.000
101-T5554: That portion of the SE -¼ NW-¼ Lying Southerly of State
Highway Right of Way, the W 3/4 of NE -¼ SW-¼, SE -¼ SW -¼
section 4, and the E 3/4 SW -¼ NE -¼ section 8, and the NW -¼ NW ¼, West-½ SE -¼ SW ¼, South-½ SE -¼ SE -¼ SW -¼, SE-¼ NW -¼
SW -¼, South ½ SW -¼ NE ¼ SW -¼, South-½ North-½ NW -¼ SW ¼ SE -¼, North-½ South-½ NW -¼ SW -¼ SE -¼, SW -¼ SW ¼
section 9, Township 33 North, Range 27 East, Willamette Meridian,
Okanogan County, Washington, Containing 228.02 Acres, more or less.
Total Tract Acres: 228.020
101-T4570: The North-½ NE -¼ SW -¼, North-½ SE -¼ SE -¼ SW ¼, North-½ SW -¼ NE -¼ SW -¼, NE -¼ SE -¼ SW ¼, and the SE -¼
NE-¼ SW -¼ of section 9, Township 33 North, Range 27 East,
Willamette Meridian, Okanogan County, Containing 50.00 Acres, more
or less. Total tract acres: 50.000
101-T4186: the NW -¼ NE -¼ SE ¼ SW ¼ NW -¼, the NW -¼ SE - ¼
SW ¼ NW ¼, the South-½ NE -¼ SE -¼ SW -¼ NW -¼, the South-½
SE -¼ SW ¼ NW -¼, the SW ¼ NW -¼ SW ¼ SE -¼ NW -¼ AND the
SW -¼ SW ¼ NW -¼ of section 9, Township 33 North, Range 27 East,
Willamette Meridian, Okanogan County, Washington, Except that part
of the SW ¼ SW -¼ NW ¼ and of the South-½ SE-¼ SW -¼ NW -¼
Lying South of a line described as: Beginning at the west one-¼ Corner
of said section 9, A rock with an X chiseled on the top and 1/4 chiseled
on the SW face, the true point of beginning of this description; thence
S.89°54'E., 453.4 FT; thence N.88°36'E., 28.61 FT; thence N.64°26'E.,
127.48 FT; thence S.26°31'E., 48.05 FT; thence S.00°06'E., 13.32 FT;
thence S.89°41'E., 304.03 FT; thence N.27°19'W., 101.30 FT; thence
N.62°24'E., 49.65 FT; thence S.27°58'E., 127.94 FT; thence S.89°56'E.,
338.81 FT TO A point marking the SE corner of the SW -¼ NW ¼,
said section 9, containing 19.75 acres, more or less, after the above
exception. Total tract acres: 19.750
101-T5510: the East-½ NW-¼ SW -¼ SE ¼ NW -¼, East-½ SE -¼

Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED

Page 5 of 13

2016-728.nrc

NW -¼, East-½ SW -¼ SE -¼, East-½ SW -¼ SE ¼ NW -¼, North-½
North-½ NW -¼ SW ¼ SE -¼, North-½ SW -¼ NW -¼, NE -¼ NE -¼
SE -¼ SW -¼ NW ¼, NW -¼ NW -¼ SW -¼ SE -¼ NW -¼, NW -¼
SE -¼, NW -¼ SE -¼ NW -¼, South-½ South-½ NW-¼ SW -¼ SE -¼,
SE -¼ SE -¼, SW -¼ SW -¼ SE -¼, and the SW -¼ SW -¼ SE -¼
NW-¼ of section 9, Township 33 North, Range 27 East, Willamette
Meridian, Okanogan County, Washington, containing 175.00 Acres,
more or less. Total Tract Acres: 175.000
101-T5799: the North-½ NW-¼ SW -¼ AND THE SW ¼ NW -¼ SW
-¼ of section 9, Township 33 North, Range 27 East, Willamette
Meridian, Okanogan County, Washington, except a parcel surrounding
the church in the north-½ NW -¼ SW -¼ Described as: Commencing at
the W¼ Corner of section 9; thence S.89°54'E., 156.15FT; thence
S.48°28'43"E., 342.06 FT; thence N.63°00'24"E., 207.21 FT to the
point of beginning; thence N.63°00'24"E., 109.09 FT; thence
S.26°59'36"E., 146.00 FT; thence S.63°00'24"W., 109.09 FT; thence
N.26°59'36"W., 146.00 FT to the point of beginning, containing 29.88
acres, more or less, after the above exception. Metes and bounds: the
N½NW¼SW¼ and the SW¼NW¼SW¼ of section 9, Township 33
North, range 27 East, Willamette Meridian and the following portions
of the SW¼NW¼ of said section, Township and Range more
particularly described as lying south of the following described line:
Commencing ¼ corner common to sections 8 & 9; thence S 89°54'00"
E., 453.40 FT; thence N. 88°36' E., 28.61 FT; thence N. 64°26'00" E.,
127.48 FT; thence S. 26°31'00" E., 48.05 FT; thence S. 00°06'00" E.,
13.32 FT; thence S. 89°41'00" E., 304.03 FT; thence N. 27°19'00" W.,
101.30 FT; thence N. 62°24'00" E., 49.65 FT; thence S. 27°58'00" E.,
127.94 FT; thence S. 89°56' E., 338.06 FT to a point marking the SE
corner of the SW¼NW¼ of said section 9; excepting the following
described parcel surrounding the church within the NW¼SW¼ of said
section 9; commencing at the W¼ corner of section 9; thence S. 89°54'
E., 156.13 FT; thence S. 48°28'43" E., 342.06 FT; thence N. 63°00'24"
E., 207.21 FT to the point of beginning; thence N. 63°00'24" E., 109.09
FT; thence S. 26°59'36" E., 146.00 FT; thence S. 63°00'24" W., 109.09
FT; thence N. 26°59'36" W., 146.00 FT to the beginning, containing
29.88 acres, more or less, after the above exception. Total tract acres:
29.880
Purpose: Right of Way: Install/maintenance fiber optic. infrastructure
Terms: December 7th, 2016 to December 6th, 2066 Compensation:
$waived. Administrative Fee:
$15.00 (one-time fee). Right of way
is subject to conditions cited in IRMP Coordinator’s review. Chairman
or designee has authority to sign all pertinent documents
To approve and accept the Colville Confederated Tribes Information
Technology Right of way, to go under, over and across portion of the
Colville Tribal Tract Nos.: 101-T3217-A, 101-T4378, 101-T4163, 101T3941, 101-T4338, 101-T5727, 101-T4184, 101-T3217-B, 101-T3217,
101-T5720, 101-T772, 101-T3825-D, 101-T3825-B, 101-T3825,
described as:
101-T3217-A: THE NW-¼ NE-¼ of section 29, township 30 North,
RANGE 33 E, Willamette Meridian, Ferry County, Washington, except
a 1.90-acre parcel of land described as follows: beginning at the ¼
corner between sections 20 and 29 of said township and range; thence S

Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED

Page 6 of 13

04°30' E for a distance of 304 FT, more or less, to the point of
beginning, being the W right of way line of state highway No. 4; thence
along the right of way line of state highway No. 4 on a curve having a
radius of 2865.0 FT for a distance of 472.0 FT, more or less, to a
concrete right of way post, which equals station 550+77 O P C of state
road No. 4; thence South 53°15' West, a distance of 335 FT, more or
less, to the intersection of the Mae Harris property line; thence North
04°30' West a distance of 555.26 FT, more or less, to the point of
beginning, and also, except a 8.00-acre parcel of land described as
follows: that portion of the NW-¼ NE-¼ of section 29, lying W of state
highway No. 4, also, except a 0.34-acre parcel described as: lot 1308
per the record of survey of the mountain ridge and San Poil homes
community HUD sites under Auditor’s certificate on July 26, 2012 at
2:46 pm in book 7 of surveys at page 48-51, located within a portion of
the NW -¼ NE-¼ and the SW ¼ NE-¼ in section 29, township 30 N,
range 33 East, Willamette Meridian, Ferry County, Washington,
containing 29.76 acres, more or less, after the above exceptions. Total
tract acres: 29.760
101-T4378: a triangular tract of land located in the NE-¼ NW ¼ of
section 29, township 30 North, range 33 E, Willamette Meridian, Ferry
County, Washington, more particularly described as: beginning at the ¼
corner common to sections 20 and 29, said township and range; thence
running W along the section line 331.0 FT to the centerline of stat
highway No. 4, as located in 1960; thence Southeasterly along the
centerline of state highway No. 4,414.0 FT; thence North 248.0 FT,
more or less, to the point of beginning, excepting therefrom, the rightof-way for state highway No.4, containing 0.59 ACRE, more or less,
after the above exception. Total tract acres: .590
101-T4163: The N-½ NE-¼, EAST-½ SW-¼ NE-¼, SE -¼ NE-¼, SE ¼ SW-¼, NE-¼ SE -¼, N-½ N-½ SE -¼ SE -¼, and the N-½ S-½ N-½
SE -¼ SE -¼ of section 20, township 30 North, range 33 East,
Willamette Meridian, Ferry County, Washington, excepting a 5.00-acre,
more or less, parcel described as: that part of the SE -¼ SW-¼ of said
section, township, and range, lying SW of the San Poil Highway,
containing 230.00 acres, more or less, after the above exception. Total
tract acres: 230.000
101-T3941: a tract of land located in the W-½ SW-¼ of section 20,
township 30 North, range 33 East, Willamette Meridian, Ferry County,
Washington, more particularly described as follows: beginning at the
NE corner of the SW-¼ SW-¼, thence South on the East boundary 313
FT, more or less, to the East ROW of primary state highway No. 4(SR21) as the same was located November 25, 1966, thence Northwesterly
along said ROW line, a distance of 200 FT, more or less, to a fence,
thence NE along said fence to the point of beginning, containing 0.47
acre, more or less. With an easement along the E ROW line of primary
state highway No. 4 to the N over an adjacent piece of property
formerly owned by Daniel Brudevold. Total tract acres: .470
101-T4338: A tract of land lying in the W-½ SW-¼ of section 20,
township 30 North, range 33 East, Willamette Meridian, Ferry County,
Washington, more particularly described as follows: beginning at the
NE corner of the SW-¼ SW-¼ of section 20, said township and range,
thence South along the East boundary of Indian Allotments S-1181 for
Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

Page 7 of 13

a distance of 315 FT to the Easterly right of way line of primary state
highway No. 21, Columbia River to Alice Creek; thence Northwesterly
Along said ROW line for a distance of approximately 750 ft. to an
intersection with the Westerly bank of the San Poil river to an
intersection with the E boundary of said Indian Allotments S-1181;
thence South along said boundary to the point of beginning, excepting
therefrom the following described tract: beginning at the NE corner of
the SW-¼ SW ¼ of section 20, said township and range; thence South
on the East boundary 315 FT, more or less, to the Easterly ROW line of
primary state highway No. 4 (SR 21); thence Northwesterly along said
ROW line a distance of 200 Ft, more or less; thence North Easterly
along fence to point of beginning, containing 1.41 acres, more or less,
after the above exception. Total tract acres: 1.410
101-T5727: that part of the following tract of land lying in the NE-¼
NE-¼ NW-¼, lying South and West of state highway No. 4 of section
29, township 30 North, range 33 East, Willamette Meridian, Ferry
County, Washington, beginning at the corner common to sections 20
and 29, township 30 N, range 33 East, Willamette Meridian, thence
running West along the section line 544.12 FT; thence S41°28'E, 400.3
FT; thence W382.4 FT; thence S 360 FT; thence E 561.4 FT; thence
N360.0 FT; thence E100.0 FT; thence N300.0 FT to the point of
beginning, excepting therefrom, the following tract: commencing at the
¼ corner common to section 20 and 29, Township 30 N, range 33 East,
Willamette Meridian, Ferry County, Washington; thence S89°11'16"W,
along the section line between said sections for a distance of 391.07 Ft
to the true point of beginning; thence S89°11'16"W, containing along
said section line 140.85 FT; thence S42°46'16"E, 400.03 FT; thence
S89°11'16"W,94.03 FT; thence S42°46'16" E, 226.05 FT; thence N
43°42'44" E, 167.80 FT; thence N 02°36' W, 43.06 FT; thence N 89°12'
E,43.69 FT; thence N 43°42'44" E, 29.25 FT; thence N 47°52'46" W,
188.95 FT; thence N 56°38'46" W, 273.27 FT to the true point of
beginning, containing 3.15 acres, more or less, after the above
exception.
101-T4184: that part of the NE-¼ NE-¼ NW-¼ of section 29,
Township 30 N, Range 33 E, Willamette Meridian, Ferry County,
Washington, described as follows: commencing at the ¼ corner
common to sections 20 and 29, said Township and range; thence S
89°11'16" W, along the section line, 391.07 FT to the true point of
beginning; thence S 89°11'16" W, along the section line, 140.85 FT;
thence S42°46'16" E, 400.30 FT; thence S 89°11'16" W, 94.03 FT;
thence S 42°46'16" E, 226.05 FT; thence N 43°42'44" E, 167.80 FT;
thence N 02°36'W, 43.06 FT; thence N 89°12' E, 43.69 FT; thence N
43°42'44" E, 29.25 FT; thence N 47°52'46" W, 188.95 FT; thence N
56°38'46" W, 273.27 FT to the point of beginning, containing 1.94
acres, more or less. Metes and bounds: according to the survey
recorded April 8, 2013 document No. 101-21969 lying within the NE-¼
NE-¼ NW-¼ (NE1/4NE1/4NW1/4) section 29, Township 30 N, range
33 E, Willamette Meridian, Ferry County, Washington, being 1.940
acres, more or less. Total tract acres: 1.940 Total tract acres: 3.150
101-T3217-B: That portion of the NW-¼ NE-¼ of section 29,
Township 30 N, Range 33 E, Willamette Meridian, Ferry County,
Washington, Lying W of State highway No. 4, containing 8.00 acres,
Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

Page 8 of 13

more or less. Total tract acres: 8.000
101-T3217: A parcel of land in the NW-¼ NE-¼ of section 29,
Township 30 N, Range 33 E, Willamette Meridian, Ferry County,
Washington, Described as follows: Beginning at the ¼ corner between
sections 20 and 29 of said Township and range; thence S 04°30' E for a
distance of 304 FT, more or less, to the point of beginning, being the W
ROW line of state highway No. 4; thence along the right of way line of
state highway No. 4 on a curve having a radius of 2865.0 FT for a
distance of 472.0 FT, more or less, to a concrete right of way post,
which equals station 550+77 OP COF state road NO. 4; thence S 53°15'
W A Distance of 335 FT, more or less, to the intersection of the Mae
Harris property line; thence N 04°30' W A distance of 555.26 FT, more
or less, to the point of beginning, containing 1.90 acres, more or less.
Total tract acres: 1.900
101-T5720: A tract of land located in section 29, township 30 N, range
33 E, Willamette Meridian, Ferry County, Washington, described as:
beginning at the ¼ corner common to sections 20 and 29, said township
and range; thence running along the centerline of said section 29, a
distance of 300 FT to the point of beginning of this description; thence
continuing South along said center section line 360.0 FT; thence at
right angles to the right 100 FT; thence at right angles to the right 360.0
FT; thence at right angles to the right 100.0 FT to the point of
beginning, excepting therefrom the ROW for SR No. 4, as conveyed in
deed No. 84916, containing 0.82 acre, more or less, after the above
exception. Metes and bound: within the SE SE M/B total tract acres.:
101-T772: THE NE-¼ NW-¼, W-½ SE ¼ NW-¼, AND THE W-½
NW -¼ of section 20, township 30 north, range 33 E, Willamette
Meridian, Ferry County, Washington, except a 1.35-acre, more or less,
parcel of land 220 Ft X 268 Ft in the W-½ NW - ¼, acquired by the
United States Bureau of Reclamation by designation approved March
24, 1950, pursuant to the Act of June 29, 1040 (54 Stat. 703),
containing 138.65 acres, more or less, after the above exception. Total
tract aces: 138.650
101-T3825-D: that part of the NW-¼ SW-¼ of section 17, township 30
north, range 33 E, Willamette Meridian, Ferry County, Washington,
described as follows: beginning at the ¼ corner common to sections
17and 18 of said township and range; thence S 00°00'00" W, for 277.00
FT; thence N 89°52'40" E, for 411.53 FT; thence S 00°08'40" E, for
245.32 FT to the true point of beginning; thence S 00°08'40" E,
245.32FT; thence N 89°52'40" E, for 443.60 FT; thence N 00°08'00"
W, for 245.32 FT; thence S 89°52'40" W, for 443.60 FT to the point of
beginning, containing 2.50 acres, more or less. Total tract acres: 2.500
101-T3825-B: A parcel of land within the NW -¼ SW-¼ described as:
commencing at the ¼ corner common to sections 17 and 18 of said
township and range; thence S00°00'00"W, for 710.47 FT; thence
S23°40'00" E, for 127.90 FT to the true point of beginning; thence
N89°50'00"E, for 361.50 FT; thence S00°08'00"E, for 490.64 FT;
thence S89°51'30"W, for 161.79 FT, more or less; thence
N22°17'30"W, for 5 29.52 FT to the true point of beginning, containing
2.95 acres, more or less. Total tract acres: 2.950
101-T3825: the NE-¼, the NE-¼ NW -¼, the NW -¼ SW-¼, the E-½
E-½ SW ¼, and the SE -¼ of section 17, township 30 N, range 33 E,
Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

Page 9 of 13

Willamette Meridian, Ferry County, Washington, except 5.00-acres,
more or less, (101-3825-A): A parcel of land situated in the NW -¼ SW
¼, section 17, township 30 N, range 33 EAST, Willamette Meridian,
Ferry County, Washington, more particularly described as: beginning at
the ¼ corner common to section 17 and 18 of said township and range,
thence S00°00'00"W for 277.00 FT; thence N89°52'40"E for 411.53
FT; thence N89°52'00"E for 443.60 FT to the true point of beginning;
thence S00°08'00"E for 490.64 FT; thence N89°53'00"E for 444.18 FT;
thence N00°07'30"W for 490.64 FT; thence S89°52'30"W for 444.19
FT to the point of beginning, and, except 2.95-acres, more or less, (1013825-B): a parcel of land within the NW -¼ SW-¼ described as:
commencing at the ¼ corner common to sections 17 and 18 of said
township and range; thence S00°00'00"W, for 710.47 FT; thence
S23°40'00"E, for 127.90 FT to the true point of beginning; thence
N89°50'00"E, for 361.50 FT; thence S00°08'00"E, for 490.64 FT;
thence S89°51'30"W, for 161.79 FT, more or less; thence
N22°17'30"W, for 529.52 FT to the true point of beginning, and, except
2.50-acres, more or less, (101-3825-C): lot 4 of the Keller tracts, within
the NW -¼ SW-¼ of section 17, township 30 N, range 33 EAST,
Willamette Meridian, Ferry County, Washington, more particularly
described as follows: commencing at the ¼ corner common to sections
17 and 18 of said township and range; thence S00°00'W, for 710.58 FT;
thence S23°00'40"E, for 127.90 FT; thence N89°50'E, for 361.50 FT to
the true point of beginning; thence N89°52'00"E, for 443.90 FT; thence
S00°08'00"E, for 490.64 FT; thence S89°52'00"W, for 443.90 FT;
thence N00°08'00"W, for 490.64 FT to the true point of beginning, and,
except 2.50-acres, more or less, (101-3825-D): a parcel of land
described as follows: commencing at the ¼ corner common to sections
17 and 18 of said township and range; thence S00°00'00"W, 710.58 FT;
thence S23°40'E, 127.90 FT; thence N89°50'E, 361.50 FT; thence
N89°52'E, 221.95 FT to the true point of beginning; thence N89°52'E,
221.95 FT; thence S00°08'E, 490.64 FT; thence S89°52'W, 221.95 FT;
thence N00°08'W, 490.64 FT, to the point of beginning; and, except
2.50-acres, more or less: a parcel within the NW -¼ SW-¼ described
as: beginning at the ¼ corner common to section 17 and 18 of said
township and range; thence S00°00'00"W, for 277.00 FT; thence
N89°52'40"E, for 411.53 FT; thence S00°08'40"E, for 245.32 FT to the
true point of beginning; thence S00°08'40"E, for 245.32 FT; thence
N89°52'40"E, for 443.60 FT; thence N00°08'00"W, for 245.32FT;
thence S89°52'40"W, for 443.60 FT to the true point of beginning, and,
except 1.88-acres, more or less, (101-3825-E): a parcel of land situated
in the NW -¼ NW -¼ SW-¼ of section 17, Township 30 N, range 33 E,
Willamette Meridian, Ferry County, Washington, more particularly
described as: commencing at the W ¼ corner of section 17, township 30
north, range 33 EAST, Willamette Meridian, Ferry County,
Washington, the true point of beginning; thence due S for 186.25 FT;
thence S87°32' E, 330.61 FT; thence Due N for 188.40 FT; thence
N87°54'W, 330.17 FT to the true point of beginning, this being 1.41
acres, more or less, and a parcel of land situated in the NW-¼ NW-¼
SW ¼ of section 17, Township 30 N, range 33 E, Willamette Meridian,
Ferry County, Washington, more particularly described as:
commencing at the W ¼ corner of section 17, township 30 N, range 33
Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

Page 10 of 13

2016-729.nrc

2016-730.nrc

E, Willamette Meridian, Washington; thence S00°00'00"W, 186.25 FT
to the true point of beginning; thence S00°00'00"E, 58.75 FT; thence
S87°03'23"E, 330.72 FT; thence N00°00'00"W, 61.50 FT; thence
N87°32'00"W, 330.61 FT, to the true point of beginning, being 0.47
acres, more or less, and except 3.734-acres, more or less, (101-3825-F):
lot 5 of Keller tracts described as: a parcel of and situated in the NW -¼
SW-¼ of section 17, township 30 N, range 33 EAST, Willamette
Meridian, Ferry County, Washington, more particularly described as:
commencing at the ¼ corner common to sections 17 and 18 of said
township and range; thence S00°00"W, 277.00 FT to the true point of
beginning; thence S 00°00'00"W, for 433.58 FT; thence S 23°40'00" E,
for 62.41 FT; thence N 89°50'20" E, for 357.75 FT; thence N 00°08'40"
W, FOR 383.64 FT; thence S 89°52'40" W, for 238.00 FT; thence N
00°08'40" W, for107.00 FT; thence S 89°52'40" W, for 143.53 FT to
the true point of beginning, containing 418.936 acres, more or less,
after the above exceptions. Metes and Bounds: T3825: E-½; NE-¼ NW
-¼; E-½ E-½ SW-¼ and NW -¼ SW-¼ of section 17, Township 30 N,
range 33 E, Willamette Meridian, Ferry County, Washington, except
lots 2, 3, 4, 5 and 6 of Keller tracts within the NW -¼ SW-¼, as shown
on survey of Keller Church Development recorded 5/10/1976 under
document No. 101-21765, containing an aggregate 20.45 acres, and
except two parcels within the NW -¼ SW-¼ describes by Metes &
Bounds, as shown on survey recorded 11/6/1989 under document No.
101-14481, containing an aggregate 1.88 acres, containing 418.936
acres, more or less, after the above exceptions. Total tract acres:
418.936 Purpose: Right of Way: Install/maintenance fiber optic
infrastructure. Terms: December 7th, 2016 to December 6th, 2066.
Compensation: $waived Administrative Fee:
$15.00 (one-time
fee). Right of way is subject to conditions cited in IRMP Coordinator’s
review. Chairman or designee has authority to sign all pertinent
documents.
To amend Resolution No. 2016-539 to change the monthly payment
rate for Parcel 176001000 to:
Compensation: $100.00 per month, Subject to Fair Market Value.
All terms and conditions will remain the same. Chairman or designee
has authority to sign all pertinent documents.
To accept and approve Anna and Diana White, Colville Tribal
members, Home site lease application for Parcel No. 63208110001002
(por). Also, to allow Ms. Anna and Diana White a lease with option to
purchase the property. This will give Ms. White(s) the capability of
restoring the property to a habitable condition for insurance purposes
which is required by any financial institution prior to obtaining a
mortgage on any property. Property is currently leased. All past and
future lease payments made of $300.00 per month will be applied
towards the purchase of said property. Payment of closing costs to be
negotiated with the seller. The property is described as:
the SW1/4SE1/4NE1/4NE1/4 of section 8 township 32 N, 36 E,
Willamette meridian, Ferry County, Washington, containing 2.50 acres,
more or less.
Term: One (1) Year Lease, lease with option purchase (2016-356)
from the date of approval; with applicable lease payments applied to
purchase price. Compensation: $300.00 per month, subject to Fair

Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED

Page 11 of 13

2016-731.nrc

2016-732.nrc

2016-733.cdc

2016-734.cdc

2016-735.cdc/hhs

Market Value Bond: waived Lease Fee: $40.00 (one-time fee).
Chairman or designee has authority to sign all pertinent documents
To approve the Amendment (Supplemental/Revision) to EPA award V97084402 in the amount of $89,475 bringing the total award to
$1,539,475. This funding is for cultural monitoring for sampling on the
Upper Columbia River Remedial Investigation Feasibility Study. No
Tribal dollars requested. Chairman or designee authorized to sign all
relevant documents.
To approve the approve the Environmental Protection Agency (EPA)
Annual Assistance Certification and Assurance Package referred to as a
"Bundling Packet" for calendar year 2017. Chairperson or designee is
authorized to sign all related documents.
Whereas, the attached Intergovernmental Agreement is a continued
opportunity to achieve a desired consistency between Ferry County
comprehensive plans and the Colville Tribes guidelines for land use and
comprehensive planning within the Reservation fee lands and
surrounding areas, and;
Whereas, the agreement will enable the parties to effectively manage
growth, protect natural resources and stimulate orderly economic
development while avoiding issues left unresolved by the Supreme
Court’s decision in Brendale vs. Yakima Indian Nation; and
Whereas, it is further recommended by the Community Development
Committee to approve this Intergovernmental Land Use Planning
Agreement between the Confederated Tribes of the Colville
Reservation and Ferry County and authorize the Chairman or designee
to sign the agreement.
To allow the sale of fireworks within the exterior boundaries of the
Colville Indian Reservation as noted in 3-6-12 (b), "New Year’s: from
noon the third Friday in December until 9:00 pm on January 2. Stands
must be removed by 5:00 p.m. the second Monday of January."
Whereas, it is further recommended to allow for the discharge of
fireworks for the Christmas (December 24th from 4 p.m. to December
25th at 10 p.m.) and New Year’s (December 31 from 4:00 p.m. to
January 1 at 10 p.m.) holidays as shown.
To rescind resolution #2014-97. Chairman or designee authorized to
sign all pertinent documents.

10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED

9 FOR (BS, AJ, EM, WW, JS,
SA, RG, GS, LA)
1 AGAINST (SC)
0 ABSTAINED

10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST

2016-736.cdc/hhs

2016-737.l&j

2016-738.l&j

To approve the Substance Abuse and Mental Health Services
Administration (SAMSHA) Grant in the amount of $418,000.0 per year
for (3) years. This grant will assist the Confederated Tribes of the
Colville Reservation in developing a Circle of Care (CoC) that fits with
the needs of the four districts. Chairman or designee authorized to sign
all pertinent documents.
To approve FY 2017 Contract for Underhill Gage Litigation, funds are
included in the Outside Litigation/ORA FY 2017 budget, Chair or
designee to sign all pertinent documents.

To approve FY 2017 Contract for Sonosky Chamber Sachse Endreson

Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,

Page 12 of 13

Perry, funds are included in the Outside Litigation/ORA FY 2017
budget, Chair or designee to sign all pertinent documents.

2016-739.l&j

2016-740.l&j

To approve FY 2017 Contract for Hobbs Straus Dean & Walker, funds
are included in the Outside Litigation/ORA FY 2017 budget, Chair or
designee to sign all pertinent documents.

To rescind resolution #2016-231 regarding contract for work on
Wenatchi Reservation Issues.

SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED
10 FOR (BS, AJ, EM, WW,
SC, JS, SA, RG, GS, LA)
0 AGAINST
0 ABSTAINED

2016-741.l&j
TABLED

That NEW CHAPTER 1-9 Rules of Evidence (attached) shall officially
be Enacted and be added to Title 1 Preliminary
Provisions/Administration of the Court of the Colville Tribal Law &
Order Code, and that Chapter 1-9 be forwarded to the Code Reviser for
Certification, and that the New Chapter 1-9 shall be effective upon
certification by the Code Reviser. Comments were received during the
code amendment process.

Special Session
December 15th, 2016
Naomi Yazzie, Executive Office Assistant

Page 13 of 13

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Ae177de5bc2085f0c. Public record. Not legal advice.