# COLVILLE CONFEDERATED TRIBES (2016)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Af60da99be0d9ad87

## Record

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

## Text

COLVILLE CONFEDERATED TRIBES
COLVILLE BUSINESS COUNCIL
Special Session
August 4th, 2016
Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Dr. Michael Marchand, Mel Tonasket, Jack Ferguson, Andy Joseph Jr., Edwin Marchand,
Willie Womer, Sheilah Cleveland, Susie Allen, Ricky Gabriel, Georgia Simpson, Larry Allen

Leave/Delegation:
Resolution No.
2016-404.hhs
10-Signature

2016-405.cdc
10-Signature

2016-406.hhs
10-Signature

2016-407.hhs
10-Signature

Bessie Simpson, Richard Tonasket, Joseph Somday
Condensed Recommendation Information

Colville Business Council
Vote Tally

To approve the Methamphetamine & Suicide Prevention
Initiative: Generation Indigenous (Gen-I) Initiative Support Grant
#HHS-2016-IHS-MSPI-0001 in the amount of $529,336
($132,334 for Year 1 and $397,002 for three subsequent years)
over a (4) year period, to promote positive AI/AN youth
development and family engagement through the implementation
of early intervention strategies to reduce risk factors for suicidal
behavior and substance abuse. Chair or designee authorized to
sign all relevant documents.
To approve the following PaKaPa Inc. to perform Per-leveling
and Striping beginning at the intersection of Cache Creek Cut-Off
Road and Okanogan Street to the Intersection of Cache Creek
Cut-off Road (Cattle guard to cattle guard), approximately 5.6
miles. BIA Route 0013, located near Nespelem, WA. Cost
reimbursable not to exceed $436,676.44 as amended. No Tribal
dollars. Chairman or designee to sign all pertinent documents.

10 FOR (AJ, WW, LA, JF, GS,
BS, MM, JS, SC, EM)

To respond in support of the draft policy statement that proposes
an expansion in the use of community health aides at IHS
facilities across the country and to submit the attached initial
comments. Chairman or designee is authorized to sign all
pertinent documents.

10 FOR (AJ, JF, RG, WW,
EM, RT, SC, SA, LA, MM)

To approve annual funding advance by program for the Fiscal
year 07/1/15 through 06/30/16. Amended amount CA-ICW GFS:
$202,742.79 to correct amount error on previous amendment 5,
A19 was the correct amount.

Special Session
August 4th, 2016
Naomi Yazzie, Executive Office Assistant

0 AGAINST
0 ABSTAINED
Rationale: Timelines

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

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

Page 1 of 7

2016-408.tg.cul
10-Signature

2016-409.hhs

2016-410.hhs

2016-411.hhs

2016-412.hhs

2016-413.hhs

To approve the Memorandum of Agreement between the City of
Omak, the Omak Stampede, Inc., the Colville Confederated
Tribes, the Horse Owner's and Jockey's Association and the
Tribal Encampment Committee. As the Colville Business
Council Omak District member delegate that Edwin Marchand
has signing authority to approve this Memorandum of Agreement
for 2016-2017.
To approve Andy Joseph Jr. as the CBC's formal delegated
Representative of the Healing Lodge of the Seven Nations; and
whereas, the HHS Committee has a variety of external
committees that the Colville Tribes participation is essential to
provide input of policy which may impact the Confederated
Tribes of the Colville Indian Reservation, if Andy Joseph Jr. is
unable to participate, Willie Womer is designated first alternate in
his place. The Chairman or designee supersedes all previous
resolutions regarding the delegation for Healing Lodge
representatives.
To approve renewal agreement between the Tribal Health
Program and Washington Health Benefit Exchange to start July 1,
2016. Chair or designee authorized to sign all pertinent
documents.
To amend Emergency Financial Assistance Loan Program
criteria. On page #1 Definitions 2.1 add individuals who have
raised or are raising a child to immediate family. On page #2
under eligibility criteria 4.4 - add funeral services must be 180
miles round trip from the Recipient's primary residence, 4.10
change Chronic illness recipients including guardian/caregiver
will not be required to pay back loan and it can be continuous
only if the other resources deny any assistance, 4.12 add each fire
victim will each receive a grant in the amount of $300 each,
provided that each victim is named on the police/fire report, the
lease, or a landlord's statement, 4.13 add the program may assist
minors who are enrolled Colville Tribal Members who reside
with a non-tribal parent. On page #3 under eligibility criteria
4.13 add the program may provide assistance to a non-member to
be at the bedside of his or her tribal member spouse in critical
condition at the hospital or to attend the funeral of his or her tribal
member spouse.
To approve the following contract: #DSHS 166954663/Amendment #01, including all Exhibits and documents
incorporated herein. All other conditions of the original contract
will remain in effect. State shares only. The Chairman or
Designee is authorized to sign all pertinent documents.
To approve modification #6 to WIC Contract N20779/Fund
540015, which is an interagency agreement between the State of
Washington Department of Health WIC Program and the Colville

Special Session
August 4th, 2016
Naomi Yazzie, Executive Office Assistant

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

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

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

Page 2 of 7

2016-414.m&b

2016-415.m&b

2016-416.m&b

2016-417.tg

2016-418.tg

2016-419.tg

Confederated Tribes. This budget modification increases the
allocation for WIC base funding in two categories. 1. During the
funding period of October 2015 - September 2016: A total of
$340 is added in the USDA/WIC Farmers Market Nutrition
Program Operations category to pay for WIC staff time to hand
out the Farmers Market checks. 2. During the period of October
2016 - December 2016. A total of $760 is added in the
USDA/WIC Nutrition and Local support Other category to fund
training and travel expenses for the WIC Coordinator training in
October 2016. Total amount of this modification is $1100.
Chairman or designee to sign all required documents.
To approve the contract change order for Finley & Cook contract
number C15-061 in the amount of $131,531.33. Funds to come
from the General Fund. The Chairman or designee is authorized
to sign all pertinent documents.
Colville Gaming LLC wishes to transfer the assets of Okanogan
Bingo to the Colville Tribes for use by the Tribes. Since the
construction and opening of 12 Tribes Resort Casino, Colville
Gaming LLC has not used the facility. The CGLLC Board of
Managers approved the transfer on July 27, 2016 and requests
that the CBC approve transfer of the assets set forth in the
attached Schedule of Assets.
To approve the MOU with Colville Reservation Conservation
District, not to exceed $100,000.00 for the developing
agricultural opportunities and education to the member of the
Colville Tribes.
To adopt Brandon Lee Cameron, as applicant meets requirements
of Section 8-1-160 of Enrollment Ordinance and Constitution of
the Confederated Tribes of the Colville Reservation.
To adopt Angela Elizabeth Cameron, as applicant meets
requirements of Section 8-1-160 of Enrollment Ordinance and
Constitution of the Confederated Tribes of the Colville
Reservation.
To accept the Colville Tribal Relinquishment request of James
Robert Best III, on the current Colville Tribal Membership Roll.

0 ABSTAINED

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

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

2016-420.tg

2016-421.tg

To accept the Colville Tribal Relinquishment request of Walter
George Simeonoff III, on the current Colville Tribal Membership
Roll.
To accept the Colville Tribal Relinquishment request of Kimberly

Special Session
August 4th, 2016
Naomi Yazzie, Executive Office Assistant

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

Page 3 of 7

Ann (Paul) Anderson, on the current Colville Tribal Membership
Roll.
2016-422.tg

To accept the Colville Tribal Relinquishment request of Alison
Louise Dick, on the current Colville Tribal Membership Roll.

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

2016-423.tg

To accept the Colville Tribal Relinquishment request of Crystal
Jean Sampson, on the current Colville Tribal Membership Roll.

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

2016-424.tg

2016-425.tg

To accept the Colville Tribal Relinquishment request of Stacia
Victoria Peterson, on the current Colville Tribal Membership
Roll.
To not accept the Colville Tribal Relinquishment request of Larry
Allen DeLaCruz, on the current Colville Tribal Membership Roll.

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

2016-426.tg

To approve the attached 2016-2017 Colville Business Council
Committee Chart in accordance with Resolution #2014-393.

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

2016-427.e&e

2016-428.nrc

2016-429.nrc

2016-430.nrc

That Council approve the Silverback Rx contract to provide for
the administration of prescription medicine for the years 2016
through 2019. Council Chair to sign all relevant documents.
To approve the budget modification #2 for 118-1762 St. Maries
Acclimation Pond adding an additional $6,111 bringing the total
contract value to $129,211 and doing a line item transfer of funds
and extending the date to September 30, 2017 and authorizes the
Chairman or his/her designee to sign all pertinent documents.
Attached is budget mod #2. No Tribal dollars associated.
To approve the new full award for 7703 Columbia River Water
Management Plan in the amount of $554,488 and the dates are
from July 1, 2016 to June 30, 2017 and authorize the Chairman or
his/her designee to sign all pertinent documents. Attached is new
full award. No Tribal dollars associated.
To approve the new sub contract for 317516 McCuen & Jones in
the amount of $124,525 and the dates are from signed document
to October 15, 2016 and authorize the Chairman or his/her
designee to sign all pertinent documents. Attached is the subcontract and the SOW. No Tribal dollars associated.

Special Session
August 4th, 2016
Naomi Yazzie, Executive Office Assistant

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

Page 4 of 7

2016-431.nrc

2016-432.nrc

2016-433.nrc

2016-434.nrc

2016-435.nrc

2016-436.nrc

2016-437.nrc

To approve the new sub contract for 316616 Okanogan
Conservation District in the amount of $67,143 and the dates are
from signed document to June 30, 2017 and the Chairman or
his/her designee is authorized to sign all pertinent documents.
Attached is the sub contract and SOW. No Tribal dollars
associated.
To approve the new sub contract for 912016 Methow Salmon
Recovery Foundation in the amount of $200,328 and the dates are
from signed document to June 30, 217 and the Chairman or
his/her designee is authorized to sign all pertinent documents.
Attached is the sub contract and SOW. No Tribal dollars
associated.

10 FOR (MT, JF, AJ, EM,
WW, SC, SA, RG, GS, LA)

To approve the new sub contract for 7703 Flowers & Sons in the
amount of $64,660, and the dates are from signed document to
December 31, 2016 and authorize the Chairman or his/her
designee to sign all pertinent documents. Attached is new sub
contract and the SOW. No Tribal dollars associated.
To approve the requisition to L&M Truck in the amount of
$76,750.00 and authorize the Chairman or his/her designee to
sign all pertinent documents. Attached is the requisition and bids.
No Tribal dollars associated.

10 FOR (MT, JF, AJ, EM,
WW, SC, SA, RG, GS, LA)

To approve the Agreement between Colville Confederated Tribes
and Okanogan Irrigation District, the agreement will provide
funding via the Accord to design and construct an irrigation
diversion upgrade, which diverts water from the North Fork of
Salmon Creek into Salmon Lake. This diversion upgrade is
expected to increase the amount of water stored annually by
3,400 acre feet. In return the Colville Tribes will receive 1,800
acre-feet of water which will be dedicated to release for summer
steelhead access into Salmon Creek and overwintering of juvenile
steelhead. Once the diversion is constructed and operational, the
agreement will be valid for 50 years (i.e. based on the life of
concrete). Authorize the Chairman or his/her designee to sign all
pertinent documents. Attached is the agreement. No Tribal
dollars associated.
To approve the purchase of allotment 101-006-1, including 10
acres across from the Nespelem Elementary School for the
appraised value of $25,000. Payment to come from Tribal
Account #550.79895. Chairperson or designee has the authority
to sign all pertinent documents.
To approve the exchange of Okanogan County fee parcel
#3131164006 owned by Daniel Creveling, including 80 acres in
the Owhi Lake Area, for Okanogan County fee parcel
#1690072700 owned by the Colville Tribe, including the
residence and 0.33 acres on 415 3rd Ave W, Omak, WA.
Chairperson or designee has the authority to sign all pertinent

Special Session
August 4th, 2016
Naomi Yazzie, Executive Office Assistant

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

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

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

Page 5 of 7

2016-438.nrc

2016-439.nrc

2016-440.nrc

2016-441.nrc

2016-442.nrc.tg

2016-443.nrc

2016-444.nrc

documents.
To approve the following contract in the amount of $45,519.00
for construction services provided by Peone Logging to perform
specified road improvements and decommissioning,
reconstruction of stream crossings and stream crossing removals.
Tribal funding has been allocated for watershed restoration in
Resolution #2013-422 in June 2013 and originates from Qwam
Qwmpt’ Plan. The Tribal Chairman or his designee is authorized
to sign all relevant documents.
To approve a Requisition in the amount of $50,000 to Short
Cressman Burgess (C16-051, R15-627) per Amendment 3, Item
No. (A) 00004 of BIA 638 Contract A16AV00299 for applicable
costs related to the Upper Columbia River Comprehensive
Environmental Response, Compensation, and Liability Act
(CERCLA) site in the litigation against Teck Cominco Metals,
LTD. The request qualifies under the provisions at 25 CFR 89.41
(a). All invoices will be examined by BIA Superintendent to
ensure that the work performed is related and within the rate limit
authorized then submitted to ORA for final review and approval.
No additional dollars are being requested.
To approve the technical assistance contract with MacDonald
Environmental Services Ltd. (MESL) in the amount of $57,000.
No Tribal dollars requested. Chairman or designee authorized to
sign all relevant documents.
To approve a consultant contract to conduct seismic hazard
analysis for Owhi Lake Dam. Contract funding and technical
review by BIA Safety of Dams program. No Tribal dollars.
Chairman is authorized to sign all related documents.
To delegate Richard Tonasket, as the Intertribal Timber Council
2nd alternate representative for the Confederate Tribes of the
Colville Reservation. This resolution will supersede all prior
resolutions. Chair or designee is authorized to sign all relevant
documents.
To approve the contract change order in the amount of
$34,200.00 to an Excavator Piling contract on the Clark Creek
Timber Sale. This change is needed due to a default of a contract
and to include the additional work by modification to another
existing contract within the Clark Creek Logging Unit. The work
being performed is a part of the Forest Project funds collected
from the Clark Creek Timber Sale Contract.
Be it further resolved, that the Colville Business Council
Chairperson or his designee has the authority to sign all pertinent
documents.
To approve and accept a Revocable Use Permit for Vaagen
Brother’s to have the use of a portion of the following tribal roads
in the Haden Creek area, north of Lyman Lake/Moses Meadows

Special Session
August 4th, 2016
Naomi Yazzie, Executive Office Assistant

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

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

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

10 FOR (MT, JF, AJ, EM,
WW, SC, SA, RG, GS, LA)
0 AGAINST

Page 6 of 7

2016-445.cul

2016-446.l&j

Road to haul logs from fee lands under their management; that
portion of an existing road in Tribal Tract Nos. described as:
An existing road within Tribal Tract 101-T4499, approximately
2044 feet long, 30 feet wide, containing approximately 1.4 acres
in Section 11, Township 34, Range 29.
An existing road within Tribal Tract 101-T4502, approximately,
9032 ft. long, 30 ft. wide, containing approximately 6.2 acres, in
Section 14, Township 33, Range 36. Okanogan County,
Washington. See attached map.
Revocable Use Permit will be for sixty (60) months from date of
approval. Consideration for granting a revocable road use permit
is waived in lieu of: (1), reciprocal use of Vaagen Brother’s fee
lands, and (2), permittee agrees to comply with all Law &
Regulations of the Colville Tribe during harvest operations on fee
lands owned by the permittee. The Natural Resource Committee
recommends that Vaagen Brothers be granted a revocable road
use permit to haul logs from his lands across portions of existing
roads on the tribal tract described above.
Chairman or designee has authority to sign all pertinent
documents.
To amend Resolution 2015-508. The deadline for the completion
of the project will be extended from 12/31/17 to 12/31/18 and a
copy of the latest Enrollment List will be provided to Ada Pecos
Melton, PI for the "Violence Against Indian Women, National
Baseline Study".
The Enrollment List will be used to identify and select random
Colville Tribal Households for interviews pertaining to the
research project. The Enrollment List will consist of the name,
physical address and date of birth of all Colville Tribal members
18 years and older. The Enrollment list will be returned to the
Tribes at the conclusion of the interview phase.
The data collected is available in aggregate form to maintain
confidentiality of each participating tribe and all individuals
interviewed for the research project.
To approve Items 1 and 2 of the attached proposal by Columbia
Law School's Peacemaking Clinic to assist the Tribe's
Peacemaking Program in formalizing, designing, and revising
peacemaking procedures, documents, policies and manuals to
make them CCT-specific. Services are free of charge. PMC
Administrator will be the point of contact. Chairman or Designee
is authorized to sign all pertinent documents.

Special Session
August 4th, 2016
Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

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

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

Page 7 of 7

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Af60da99be0d9ad87. Public record. Not legal advice.