COLVILLE CONFEDERATED TRIBES (2019)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

July 18th, 2019

Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Rodney Cawston, Jack Ferguson, Joel Boyd, Karen Condon, Norma Sanchez, Margie

Hutchinson, Janet Nicholson, Roger Finley, Richard Moses, Joseph Somday, Richard Swan

Sr., Marvin Kheel, Jarred-Michael Erickson, Darnell Sam

Resolution No.

Condensed Recommendation Information

2019-391.hhs

10-Signature

To approve the acceptance of a SAMHSA center for Mental

Health Services Cooperative Agreement for Tribal Behavioral

Health Grant in the amount of $249,008.00 per year up to five

(5) years to support tribes in preventing and reducing suicidal

behavioral, substance abuse, a mental illness, and trauma on

AI/AN communities through a public health approach. All

Native American communities to support youth and young

adults as they transition into adulthood by facilitating

collaboration among agencies. Chairman or designee to sign all

pertinent documents.

2019-392.m&b

To approve the Fiscal Year 2020 annual budget for continued

operation of Title 45 (Public Welfare) Tribal Child Support

Enforcement (IV-D) Program in accordance to [45CFR].

Federal Share at 80% and Tribal share at 20% required match.

The Chairman or designee is authorized to sign all documents

pertaining to this agreement.

2019-393.m&b.l&j To approve budget modification to move money to other line

items in the 296 Account to properly meet the accounting needs

in the amount of $81,200. No additional funding request.

Colville Business Council

Vote Tally

10 FOR (JN, RF, NS, JF, JB,

KC, MK, JME, DS, RS)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

2019-394.m&b.l&j

To approve budget modification to move money to other line

items in the 1035-16 Account to properly meet the accounting

needs in the amount of $54,192. No additional funding request.

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

2019-395.m&b.tg

To approve the signing authority of the Executive Committee.

Signing authority is as follows: Chairman Rodney Cawston,

Vice-Chairman Jack Ferguson, Secretary Joel Boyd, and

Special Session

July 18th, 2019

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

10 FOR (NS, MH, JN, RF, RM,

JS, RS, MK, JME, DS)

0 AGAINST

Page 1 of 8

2019-396.m&b

2019-397.m&b

2019-398.m&b

2019-399.m&b

Executive Committee member Karen Condon. In the event all

of the above listed members of the Executive Committee are

absent, a Councilperson present on the day in question shall be

authorized to sign if he/she agrees to assume such authority.

Chairman or Designee is authorized to sign all pertinent

documents.

To authorize the following Tribal Officials to act as Authorized

Officials on the Key Bank investment and bank accounts:

Chairman Rodney Cawston, Vice-Chairman Jack Ferguson,

Secretary Joel Boyd, and Executive Committee member Karen

Condon, Executive Director Francis Somday, Centralized

Service Director Patrick Tonasket, Chief Financial Officer

William Nicholson II, GL Accounting Manager Melanie Green,

and Budget and Decision Support Manager Jolene Francis.

Chair or designee to sign all pertinent documents.

To authorize the following Tribal Officials to communicate

investment and disbursement instructions to the Office of

Special Trustee for American Indians (OST): Chairman Rodney

Cawston, Vice-Chairman Jack Ferguson, Secretary Joel Boyd,

and Executive Committee member Karen Condon; Executive

Director Francis Somday, Centralized Service Director Patrick

Tonasket, Chief Financial Officer William Nicholson II, Budget

and Finance Officer Jolene Francis, and Accounting Manager

Melanie Green. Chair or designee to sign all pertinent

documents.

To authorize the following Tribal Officials of the Confederated

Tribes of the Colville Reservation, State of Washington, to act

as Authorized Officers on the KeyBank Bank Accounts for the

Colville Tribal Government Building Investment, Inc.; President

Patrick Tonasket, Vice-President Cody Desautel, Treasurer

Jolene Francis, and Secretary William Nicholson II. Chair or

designee to sign all pertinent documents.

To approve the attached FY2019 Indirect Cost Negotiation

Agreement offered by the Interior Business Center (IBC). The

Chair or designee is authorized to sign all pertinent documents.

3 ABSTAINED (JF, JB, KC)

9 FOR (NS, MH, RF, RM, JS,

RS, MK, JME, DS)

0 AGAINST

4 ABSTAINED (JF, JB, KC,

JN)

9 FOR (NS, MH, RF, RM, JS,

RS, MK, JME, DS)

0 AGAINST

4 ABSTAINED (JF, JB, KC,

JN)

11 FOR (JF, JB, NS, MH, RF,

RM, JS, RS, MK, JME, DS)

0 AGAINST

2 ABSTAINED (KC, JN)

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

2019-400.m&b

2019401.m&b.hhs

To approve acceptance of the New Market Tax Credit

Investment for the Colville Substance Use Treatment Center in

the attached letter from U.S. Bank. Chair or designee to sign all

relevant documents.

To approve $50,000.00 co-investment to the Philanthropy In

Action to help develop a Culturally acceptable treatment model.

Funding will come from existing Title XIX dollars. Chair or

designee to sign all pertinent documents.

0 ABSTAINED

12 FOR (JF, JB, NS, MH, JN,

RF, RM, JS, RS, MK, JME, DS)

0 AGAINST

1 ABSTAINED (KC)

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

Special Session

July 18th, 2019

Naomi Yazzie, Executive Office Assistant

Page 2 of 8

2019-402.m&b

2019-403.m&b

2019-404.m&b.cdc

2019-405.tg

2019-406.tg

To approve the attached Business Communication Lease with

New Cingular Wireless d/b/a AT&T Wireless for construction

of new cell tower on Johnny George Lookout property currently

leased by New Cingular. Lease price increase as well as other

changes to the original lease have been approved by the Tribes'

Business Communications contract valuator. Chairman or

designee to sign all pertinent documents.

To authorize the Tribes' insurer to raise the defense of sovereign

immunity in the subrogation claim brought by State Farm

Insurance before an intra-company arbitration panel in case

number S120000861900.

To authorize and direct CIHA to submit the White Buffalo

Phase III as the sole project on its behalf, and to apply for

$5,000,000.00 of the 2019 Competitive Indian Housing Block

Grant (IHBG) award# FR-6300-N-48; through HUD.

Whereas the CIHA has been designated as the "Tribally

Designated Housing Entity" for the Confederated Tribes of the

Colville Reservation pursuant to Article V, Section 1(a) A

match of $1,667,000 will come from existing and future IHBG

reserves for a total project cost of $6,667,000.00. No additional

tribal dollars required.

Funds will build 17 new homes in phase three of the White

Buffalo Meadows (WBM) subdivision in the Nespelem District,

Opportunity Zone Tract 53047940100; in compliance with 24

CFR 5.105(a).

Chair or designee authorized to sign all pertinent documents.

To approve the reorganization of committees as follows:

Management & Budget/Community Development Committee

with Jack Ferguson as Chairperson, Law & Justice/Veterans

Committee with Richard Swan Sr. as Chairperson, Fisheries

Committee with Darnell Sam as Chairperson. All other

committees will remain the same. Chairman or designee to sign

all pertinent documents.

To accept the Colville Tribal Relinquishment request of Donny

Joe Bair on the current Colville Tribal Membership Roll.

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

6 FOR (JB, JN, RF, RM, JS,

MK)

4 AGAINST (KC, NS, MH,

JME)

3 ABSTAINED (JF, RS, DS)

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

2019-407.tg

2019-408.nrc

To adopt Angelica Kathleen Arcasa as application meets

requirements of Section 8-1-160 of Enrollment Ordinance and

Constitution of the Confederated Tribes of the Colville

Reservation.

To approve new full award for 316619 Okanogan Sub Basin

Implementation & Habitat Project EXP in the amount of

Special Session

July 18th, 2019

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

Page 3 of 8

2019-409.nrc

2019-410.nrc

2019-411.nrc

2019-412.nrc.m&b

2019-413.nrc

2019-414.nrc

2019-415.nrc

$1,419,326 and the dates are from July 1, 2019 to June 30, 2020,

and the Chairman or his/her designee is authorized to sign all

pertinent documents. Attached is the new full award. No Tribal

dollars associated.

To amend resolution 2017-247 to add Tract #101-T5585-A,

28.54 acres to build warehouse storage in Inchelium Post and

Pole site, and the Chairman or his/her designee is authorized to

sign all pertinent documents. Attached is the Resolution 2017247 and Memorandum.

To approve the new sub contract for 316619 Confluence

Environmental Company in the amount of $249,992 and

authorize the Chairman or his/her designee to sign all pertinent

documents. Attached is sub contract & SOW. No Tribal dollars

associated.

To approve the new full award for Methow Habitat Restoration

in the amount of $467,896 and the dates are from July 1, 2019 to

June 30, 2020 and authorizes the Chairman or his/her designee

authorized to sign all pertinent documents. Attached is new full

award. No Tribal dollars associated.

To approve the attached Second Interim Extension of the

Second Lake Rufus Woods Agreement. Chairman or designee

to sign.

Whereas, the Colville Tribes have been working on the

Columbia River Treaty for more than ten years without

participation funding. The Treaty significantly impact the

CTCR and full participation is required. Fish & Wildlife is

requesting the Natural Resources Committee submit to CBC

Chairman Cawston for signature a letter (see attached)

requesting $55,100 in 2019 EOY funding for CTCR CR Treaty

participation.

To approve Lloyd Olbricht - non-member, for grazing privileges

on Range Unit 39 for the 2018 to 2022 grazing permit cycle.

The grazing fees ($10.00/AUM plus $2.50/AUM user fee for

Tribal tracts and $10.00/AUM for allotment tracts) established

by resolution 2018-44 shall apply. The permittee shall comply

with the Best Management Practices (BMP's) set forth by the

Range Program for the duration of the permit. Chair or designee

is authorized to sign all pertinent documents.

To approve and accept Hancock Forest Management Reciprocal

Road Use Permit, for Jones Creek, 23 Mile and HancockCanteen area. Permit duration shall be for 5 Years from

approval. Consideration for granting a revocable road use

permit is waived in lieu of: (1). reciprocal use of Hancock

Forest Management fee lands, and (2). permittee agrees to

comply with applicable Laws & Regulations of the Colville

Special Session

July 18th, 2019

Naomi Yazzie, Executive Office Assistant

0 AGAINST

0 ABSTAINED

12 FOR (JF, JB, NS, MH, JN,

RF, RM, JS, RS, MK, JME, DS)

0 AGAINST

1 ABSTAINED (KC)

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

12 FOR (JF, JB, NS, MH, JN,

RF, RM, JS, RS, MK, JME, DS)

0 AGAINST

1 ABSTAINED (KC)

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

Page 4 of 8

Tribe during harvest operations on trust lands and fee lands

owned by the permittee.

The Natural Resource Committee recommends that Hancock

Forest Management Incorporation be granted a revocable road

use permit to haul logs from their fee lands across portions of

existing roads 16 feet width, on the tribal tract and where

existing dirt road within the following Tribal tracts 101-T1272,

101-T3051, 101-T3284, 101-T3415, 101-T3416, 101-T3418,

101-T3419, 101-T3701, 101-T3712, 101-T3417, 101-T3400,

101-T2277, 101-T3935, 101-T4671, 101-T4672, 101- 2390,

101-T3581 and 101-T3667:

101-T1272: The W-½ E-½ W-½ NE-¼, W-½ W-½ NE ¼, E-½

E-½ NE-¼ NW-¼, N-½ N-½ S-½ SE-¼ SE-¼ NW-¼, SE-¼

SW-¼ SE-¼ NW-¼, E-½ NE-¼ SE- ¼ NW¼, NE-¼ SE-¼ SE¼ NW-¼, S ½ N-½ N-½ NE-¼ NE-¼ SW-¼, E-½ W ½ E-½

SW-¼, E-½ SE-¼ SW-¼, SE-¼ NE ¼ SW-¼, S-½ N-½ NE-¼

NE-¼ SW ¼, and the S-½ NE-¼ NE-¼ SW-¼ of Section 28,

Township 31 N, Range 34 E, Willamette Meridian, Ferry

County, Washington, containing 140.00 acres, more or less.

Total tract acres: 140.000 Encumbering .14 acres

101-T3051: The W-½ SW-¼, W-½ NE-¼ SE-¼ NW-¼, NW-¼

SE-¼ NW-¼, N ½ SW ¼ SE-¼ NW-¼, SW-¼ SW-¼ SE-¼

NW-¼, NW-¼ SE-¼ SE-¼ NW-¼, W-½ W-½ NE-¼ SW-¼,

and the W-½ W-½ SE ¼ SW-¼ of Section 28, the N-½ NE-¼ of

Section 32, and the N-½ NW-¼ of Section 33, all in Township

31 N, Range 34 E, Willamette Meridian, Ferry County,

Washington, containing 285.00 acres, more or less. Total tract

acres: 285.000 Encumbering .95 acres

101-T3284: All of Section 17, Township 31 N, Range 34 E,

Willamette Meridian, Ferry County, Washington, containing

640.00 acres, more or less. Total Tract acres: 640.000

Encumbering 1.09 acres

101-T3415: Lot 1 (NW NW), Lot 2 (SW NW), Lot 3 (NW SW),

Lot 4 (SW SW), the E-½, and the E ½ W-½ of Section 18,

Township 31 N, Range 34 E, Willamette Meridian, Ferry

County, Washington, containing 614.32 acres, more or less.

Total tract acres: 614.320 Encumbering .72 acres

101-T3416: Lot 1 (NW NW), Lot 2 (SW NW), Lot 3 (NW SW),

Lot 4 (SW SW), the E-½ NW ¼, E-½ SW-¼, NW-¼ NE-¼, S-½

NE ¼, and the SE-¼ of Section 19, Township 31 N, Range 34 E,

Willamette Meridian, Ferry County, Washington, containing

577.32 acres, more or less. Total Tract acres: 577.320

Encumbering .34 acres

101-T3418: The W-½ of Section 21, Township 31 N, Range 34

E, Willamette Meridian, Ferry County, Washington, containing

320.00 acres, more or less. Total tract acres: 320.000

Encumbering .55 acres

101-T3419: The W-½ NW-¼ of Section 28, Township 31 N,

Special Session

July 18th, 2019

Naomi Yazzie, Executive Office Assistant

Page 5 of 8

Range 34 E, Willamette Meridian, Ferry County, Washington,

containing 80.00 acres, more or less. Total Tract acres: 80.000

Encumbering .36 acres

101-T3701: The S-½ NE-¼ and the W-½ of Section 29,

Township 31 N, Range 34 E, Willamette Meridian, Ferry

County, Washington, containing 400.00 acres, more or less.

Total Tract acres: 400.000 Encumbering .49 acres

101-T3712: The E-½ E-½, E-½ E-½ W-½ NE-¼, W-½ E-½ NE¼ NW-¼, and the W-½ NE-¼ NW-¼ of Section 28, Township

31 N, Range 34 E, Willamette Meridian, Ferry County,

Washington, containing 210.00 acres, more or less. Total Tract

acres: 210.000 Encumbering .33 acres

101-T3417: The NE-¼, S-½ NW-¼, SW-¼, and the SE-¼ of

Section 20, Township 31 N, Range 34 E, Willamette Meridian,

Ferry County, Washington, containing 560.00 acres, more or

less. Total Tract acres: 560.000

Encumbering 4.06 acres

101-T3400: The NE-¼, NW-¼, and the SW-¼ of Section 8,

Township 33 N, Range 33 E, Willamette Meridian, Ferry

County, Washington, containing 480.00 acres, more or less.

Total Tract acres: 480.000 Encumbering .047 acres

101-T2277: The NW-¼ of Section 9, Township 33 N, Range 33

E, Willamette Meridian, Ferry County, Washington, containing

160.00 acres, more or less. Total Tract acres: 160.000

Encumbering 1.59 acres

101-T3935: The NE-¼ of Section 9, Township 33 N, Range 33

E, Willamette Meridian, Ferry County, Washington, containing

160.00 acres, more or less. Total tract acres: 160.000

Encumbering .77 acres

101-T4671: The N-½ of Section 10, Township 33 N, Range 33

E, Willamette Meridian, Ferry County, Washington, containing

320.00 acres, more or less. Total Tract acres: 320.000

Encumbering 2.12 acres

101-T4672: The NW-¼ of Section 11, Township 33 N, Range

33 E, Willamette Meridian, Ferry County, Washington,

containing 160.00 acres, more or less. Total Tract acres: 160.000

Encumbering 1.39 acres

101- 2390: The NE ¼ of Section 15, Township 33 N, Range 33

E, Willamette Meridian, Ferry County, Washington, containing

160.00 acres, more or less. Total tract acres: 160.000

CCT:

0.7825091573 Encumbering .43 acres

101-T3581: All of Section 12, Township 33 N, Range 33 E,

Willamette Meridian, Ferry County, Washington, containing

640.00 acres, more or less. Total Tract acres: 640.000

Encumbering .46 acres

101-T3667: Lot 3 (NE NW), Lot 4 (NW NW), Lot 5 (SW NW),

Lot 6 (NW SW), Lot 7 (SW SW), The E-½ SW-¼, SE-¼, and

the SE-¼ NW-¼ of Section 6, Township 29 N, Range 35 E,

Willamette Meridian, Ferry County, Washington, containing

Special Session

July 18th, 2019

Naomi Yazzie, Executive Office Assistant

Page 6 of 8

473.60 acres, more or less. Total Tract acres: 473.600

Encumbering .33 acres

Purpose: Hancock Forest Management Inc., Revocable Use

Permit-Reciprocal Road 16 feet width Terms: 3 years

Compensation: $Waived. Administrative Fee: $Waived

Chairman or designee has authority to sign all pertinent

documents.

2019-416.cdc

To approve of Exempt (58.34) and Categorical Exclusion

(58.35(b)) activities not subject to 58.5 for the CIHA

Administrative, supervisory, management, and logistical

functions to include operations and maintenance of all assets and

lands managed by the CIHA as identified. The state and

identified activities will be exempt for an aggregated period of

Five (5) years effective for the 2020 IHBG program year

through the 2025 IHBG program year.

2019-417.l&j

To approve the Confederated Tribes of the Colville Reservation;

Colville Tribal Police to enter into a Short-Term Joint Operation

MOU for reimbursement of overtime in the amount of $1,219.68

to Colville Tribal Police Officers and SORNA Correction

Officer to assist in address verifications and any violations of

Sex Offender Registration. The Chairman or designee to sign

all pertinent documents of this MOU.

2019-418.l&j.m&b CONFIDENTIAL

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

12 FOR (JF, JB, KC, MH, JN,

RF, RM, JS, RS, MK, JME, DS)

1 AGAINST (NS)

2019-419.l&j

To approve the attached contract modification to the Tribes'

Contract with Ogden Murphy Wallace. Chairman/designee to

sign all pertinent documents.

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

2019-420.l&j

2019-421.l&j

2019-422.l&j

Whereas, the FCC licenses have outdated contact information

and the Mt. Tops program is now overseen by TOSHA,

therefore it is a recommendation of the Law & Justice

Committee to authorize Brian Quill, Program Manager, and

Sherwin Womer, Communications Engineer, to be the new

contacts for FCC licensing for radio frequency leases.

Chairman or designee authorized to sign all documents.

To approve the attorney contract for the Colville Tribal Legal

Services Office with Theodore Reinbold as Staff Attorney,

effective August 1, 2019 to September 30, 2022. It is further

recommended that the Chairman or his designee be authorized

to sign said contract.

To enact proposed New Chapter 1-9 Rules of Evidence

(attached). Chapter 1-9 shall officially be Enacted and be added

to Title 1 Preliminary Provisions/Administration of the Court of

Special Session

July 18th, 2019

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

0 AGAINST

0 ABSTAINED

13 FOR (JF, JB, KC, NS, MH,

JN, RF, RM, JS, RS, MK, JME,

DS)

Page 7 of 8

the Colville Tribal Law & Order Code. Chapter 1-9 shall be

effective upon certification by the Code Reviser. Process

utilizing CBC Procedural Rule 3 (b), (e), and (g) were followed.

No comments have been received during the comment period.

Once approved a copy shall be forwarded to the Code Reviser

for Certification and distribution.

Special Session

July 18th, 2019

Naomi Yazzie, Executive Office Assistant

0 AGAINST

0 ABSTAINED

Page 8 of 8