# DRAFT Meeting Minutes (2010)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Anez_perce%3Aa5d1bc1366e6ffce

## Record

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

## Text

DRAFT Meeting Minutes

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Nez Perce Tribe
General Council Draft Meeting Minutes
Thursday, May 6, 2010
1. Meeting called to Order at 0835 by Chairman Carla Timentwa
2. Flag Song by Lightning Creek Drum
3. Posting of the Colors Lapwai VFW Post
4. Opening Prayer Rev. Mary Jane Miles, Angel Sobotta, Larry Greene
 Recognition of the National Day of Prayer
5. Memorial Reading – Wilfred A. Scott
6. House Rules
Motion made to accept House Rules by Robert Kipp; Seconded by Julia Davis-Wheeler. Motion Carried
to approve the House Rules as presented; Motion Carried.
Discussion:
Subsidiary Motion by Mary Tall Bull to eliminate orders of the day for this general council and add to
house rules; Seconded by Paula Moody. Subsidiary Motion Failed
Subsidiary Motion Discussion:
OJ Waters – Against taking it out.
Definition of orders of the day – read by Chairman Carla Timentwa from Robert’s Rules Revised Edition
Danae Wilson – Against motion; amendments to the agenda can be made by motion at any time to
change the agenda and add topics on another day.
Laura Major – Against the motion, asks for clarification of the motion.
Dave Holt – Against using Robert’s Rules of Order to run our meeting. Not sure if for or against.
Main Motion Discussion:
Dave Holt – reminder that agenda can be changed.
7. Agenda
Motion made by Richard Arthur to accept the agenda with changes to Friday’s agenda:
o Human Resource Subcommitte to 8:45 a.m.;
o Budget and Fiance to 1:45 p.m.
o Law & Order to 2:45 p.m.; Seconded by Dallon Wheeler
Motion Carried to accept agenda with changes.

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8. Approval of the Minutes of the Fall 2009 General Council
Motion made by Jackie Taylor to accept the minutes of the 2009 Fall General Council as presented;
Seconded by Robert Kipp; Motion Carried
9. Resolutions Committee - Jamie Five Crows, Chair; Mary Tall Bull, Vice-Chair; Stacy Kash Kash,
Secretary; Paula Moody, member
Marci Bailey resigned for continuing education; Mary Tall Bull was selected to fill the vacancy.
Memorandum dated May 5, 2010, signed by Chairman Samuel N. Penney; Subject Resolutions
Committee Concerns that were brought to NPTEC. Following are a list of the concerns addressed by the
NPTEC:
o Social Services
o Office of Legal Counsel
o Nez Perce Tribal Code
o Wa-A’Yas Meeting Room
o Snake River Basin Adjudication (SRBA)
o Human Resources
o Higher Education
o Nimiipuu Health – Kamiah
o Treasurer’s Report
Further details of the report:
o Foster Parent long-term for the State of Idaho; need clarification on statement regarding
individuals raising family members; sometimes children state that they do not want to live with
a family member because they are too strict. There were concerns regarding individuals losing
parental right. In some cases parents request that children not be placed with family members
due to strained relationships. For clarification the Casey Family program is not a part of the BIA.
o Office of Legal Counsel – The Resolutions Committee was not aware of a survey regarding the
Office of Legal Counsel. Who is on committee for review of the survey?
o Wa-a’yas meeting room – The kitchen area that has been utilized as a meeting room has been
converted to a culinary arts school. Who is certified to teach that program? There was a
concern that the program was not put out for bid.
o SRBA – Who are the SRBA implementation team? Tribal members concern is not having input to
or with SRBA implementation team and that non-Indians are working on the plan of the SRBA.
Were bids put out for other investment companies other than Merrill Lynch?
o Human Resources – concern that tribal members cannot compete for positions due to
qualifications. Need to revisit HR Manual on minimum qualifications for jobs.
o The Resolutions Committee has two resolutions to present during the Budget and Finance
Subcommittee.
Discussion:
Laura Major – concern with procedures with Resolutions Committee; investigate concerns first before
moving forward with resolutions specifically issue on the proposed Elders Counsel.

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Jamie Five Crows – We did move forward on some issues and are now starting to do more research.
Explained the issue with the Elders Counsel.
Dave Holt – Issue of railroad – presented copies of reports and minutes to the resolutions committee
regarding railroad decisions and resolutions from previous years.
Mary Jane Souther – Appreciate the committee; faithful with setting up meetings. How many people
have been in attendance at committee meetings and meeting minutes? Resolution regarding per capita
– how many made the decision and how was it made? Encourage tribal members to attend Resolution
Committee Meetings.
Jamie Five Crows – Have good attendance at some and others not many. Resolution regarding per
capita will be presented during the Budget and Finance Subcommittee report.
Skip Williamson – Non-Indian program managers and directors were to train tribal members to take
those leadership positions, it was put in a resolution years ago and it has never been done. Non-Indian
managers are firing tribal members and nothing is being done.
Mary Tall Bull – We are working on a resolution on employment; which will address concern about tribal
employment and will include the Indian Civil Rights Act.
Bernice Moffett – Thank you for carrying on with the Elders Counsel. There are issues that the Elders
Circle or Senior Citizens Advisory Board cannot address. If there were a counsel under the General
Council thaen issues of the members can be heard more thoroughly. There is a grandparent’s law;
referred to a document that was forwarded to the Law and Order Subcommittee. Under traditional law
grandparents are always included. That needs to be addressed under tribal code. Counsel could go
directly to NPTEC; need a mechanism to address issues.
Jamie Five Crows – Thank you to Bernice Moffett for attending all committee meetings held in Kamiah.
Shannon Jackson – Submitted proposed resolution to the Resolution Committee (previous member no
longer on the committee); it includes that Board or Commission member who resigns or are removed
cannot apply for a position in the department of the Board or Commission they sat on. If a member is
removed from a Board or a Commission, they cannot run for other Boards or Commissions. Referred to
resolution NP07-117; states that board or commission cannot exceed $200.00 per month. Need to take
a closer look at this resolution. (referred to Resolutions Committee)
Mary Tall Bull – Amendments committee is important to the Tribe and has been brought to the General
Council.
Carla Timentwa – The Nez Perce Tribe’s Constitution and By-laws, Section 6 states that NPTEC has the
authority to set the duties and compensation of the Boards and Commissions.
Marissa Rickman – Concern regarding Elders abuse; physically and mentally abused by children and
grandchildren and others; some are living in dirty conditions, etc. Per Capita issue regarding receiving
$3,000; there were concerns regarding use of stimulus funds for drugs and alcohol – personally
observed that it was used by many for purchases of clothing and necessary items.

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Jamie Five Crows – Per capita and gaming plan will be discussed during the Budget and Finance
Subcommittee.
Laura Major – Issue regarding the Wa-a’yas kitchen for a culinary school. The kitchen used to be open to
use for meetings and having dinners. Now it is not available.
Motion made by Mary Jane Souther to accept the reports and excuse the panel; Second by Dallon
Wheeler; Motion Carried.
10. NPTEC Reports
NPTEC Chairman’s Report: Mr. Samuel N. Penney, Chairman (See Chairman’s report)
Reviewed the following topics:
• Snake River Basin Adjudication (SRBA)
• Implementation of the Settle Agreement (SRBA)
• The Tribe’s Objections to Other Water Users’ Irrigation Claims
• Tribal Trust Mismanagement Cases
• Nimiipuu Health Contract Support Costs
• Salmon Recovery and Environmental Issues
• Bighorn Sheep Restoration
• Federal Issues:
o Indian Health Care Improvement Act (and other health issues)
o Appropriations (funding)
o Support of Larry Echohawk
o Prevent all Cigarette Trafficking Act (PACT Act)
o Jurisdiction within Indian Country
o Native American Housing and Self Determination Act (NAHASDA)
o Veteran’s housing
o Employee concerns and labor relations
o Climate change
o Education
• Supreme Court Updates (specific cases)
• Veteran’s Issues
• Education/Work Force Development
• Economic Development and Construction
• Transportation
NPTEC Treasurer’s Report: Mr. Joel Moffett, Treasurer (See Treasurer’s report in General
Council Report book pages 4-21 and power point)
Economic Stimulus Payment made in December 2009. Reviewed how payments were made and some
of the issues that were brought forward regarding children in foster care, delinquencies to the Tribe, and
concerns regarding use of AVISTA funds. There was an online survey that will be analyzed
approximately 450 surveys completed.

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Gaming revenue distribution public meetings were held in November in both Kamiah and Lapwai to
obtain input to the gaming allocation plan and to explain the use of AVISTA funds for a stimulus
payment. It takes 60 to 90 days to approve a plan before gaming funds can be used for a per capita.
During the 2009 Fall General Council it was reported that there was $16 million in the bank (see slide
Enterprise Cash Position for further funds review). Mr. Moffett reviewed each line item on this slide.
Slide shows the needs for the enterprise/gaming funds. We are currently in the black.
Request time for auditors to present 2009 audit by LeMasters and Daniels for approximately 15 minutes.
Motion Made by Laura Majors to listen to auditors and continue with questions after lunch; Seconded
by Alexis Walker; Motion Carried
Discussion:
Dave Holt – clarification of motion to include questions.
Motion Made by Danae Wilson to go into executive session; Seconded by Marilyn Bowen; Motion
Carried
Discussion:
Dave Holt – against the motion.
Danae Wilson – Going into Executive Session will protect the report so it does not end up in Lewiston
Tribune.
Into Executive Session at 11:36
Out of Executive Session and recess for lunch at 11:55 am
Motion Made by Danae Wilson to come out of Executive Session and recess for lunch; Seconded by Vera
Sonneck; Motion Carried
Meeting called back to order at 1:04 pm by Chairman Carla Timentwa
11. NPTEC Reports – Question and Answers for NPTEC Chairman and Treasurer’s Reports(con’t)
Dave Holt – Concern regarding Veteran’s funding; provide real dollars and not positions; to provide
more funding and real involvement for Veteran’s.
Samuel N. Penney – NPTEC has provided more funding for Veteran’s and is building the 2011 budget and
have the opportunity to provide funding. Recognize the need for services for Veteran’s. Need to go
through the Budget and Finance Subcommittee.
Laura Major – Tobacco Tax and revenue allocations – are they two different budgets or are they the
same?

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Joel Moffett – The gaming revenue allocation and the tobacco tax budget were passed individually and
are 2 separate funds. $103,000 is to fund elder day trips and maintenance of vehicles. $100,000 from
tobacco is to go toward senior hardship and home repair through social services; replace appliances.
Marissa Rickman – Chief Joseph saying “Many words are spoken but they don’t pay my people” Many
promises are told but have not been realized. NPTEC promised a per capita, if you can’t keep your
promise then it shouldn’t have been said.
Joel Moffett – No promises were made. A resolution was passed at the Fall 2009 General Council and
was sent to NPTEC for consideration.
Robert Kipp – Enterprise cash position - $16 million for interchange; is this on top of grant funds?
Joel Moffett – Yes, that is on top of the grant funds. $16 million is for construction only.
Alene Powakee – No audit for 2009; when will it be provided?
Joel Moffett – The auditors were presenting the 2008 audit; which should have been presented at the
September General Council. With the release of the Finance Manager and lead auditors the 2009 will
be presented at the Fall 2010 September General Council.
Laura Major - $1 million put away for long house; how long will it be put away? $1 million can build a
good longhouse. Didn’t like the statement “we never promised you anything”; the organization chart
shows that the General Council is above the NPTEC.
Joel Moffett – The Executive Director will give more information on the long house. The estimate came
in at $1.3 for its construction. The putting away of $1 million was for the per capita fund. The General
Council is above NPTEC. NPTEC responds to all resolutions put on the table but also need to protect the
interest of the Tribe for everyone. NPTEC cannot always pass the decisions from the floor of the General
Council; it’s a struggle to make decisions. The hope is that we can put away funds each year to use for
per capita. For this $1,000 stimulus the Tribe put out $3.4 million from the AVISTA investment account;
this year it would mean that only $100,000 would be left from gaming allocations.
Darlene Pinkham – Don’t have the funding for the per capita; as with any budget you pay the bills first
and then what you have left over can be used for families. For youth who have IIM account, put it away
for the future and why not give smaller $100 to $150 that can be paid out members. Our tribe has a
need for apartments for singles or single parent families.
Joel Moffett – The gaming allocation team is looking at different options for developing the gaming
allocation plan.
Samuel N. Penney – NPTEC will work with NPTHA to see about funds for that type of housing apartment
complex.
Elliott Moffett – Exxon has one of the worse environmental records. The Exxon Valdez disaster reminder
– Exxon has not paid out anything on environmental damage. Are we moving ahead and in agreement
(Resolutions Committee and Chairman Report congruency)?

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Samuel Penney – we do have a relationship with Exxon Mobil at the Express store; concern in report was
about project of transportation over Highway 12.
Judy Oatman – Meetings held and events that take place in Tribal Government; confused on who is the
‘Tribe’? We give administrative leave to tribal employees but think that it’s wrong when we cannot
afford projects but administrative leave is given. Approximately how much is paid out for administrative
leave and what is the NPTEC doing to tighten the belt and save our dollars? Why don’t we know when
boards and commissions meet; several people do not all have internet and do not have access to find
out about meetings.
Samuel N. Penney – My personal position is I do not like use of administrative leave. There are several
programs that are not being granted administrative leave for General Council. As far as weather; there
are times when the weather bureau reports severe weather and we let employees go early or close for
the safety of employees. There is a need to review the policy on approving admin leave. Currently it
costs approximately $13,000 per hour for full administrative leave for all tribal employees.
Joel Moffett – When NPTEC receives requests we always state “as per HR manual”. It’s a cost and loss of
productivity. Programs submit budget requesting gaming allocation; it’s a tough task but remind them
to do more with less. New Enterprise Executive Officer Jamie Olsen came on in November and is looking
closely at budget. The Executive Officer and Executive Director will go into further detail on cutting cost
and measures that have taken place. Notices to tribal employees regarding meetings – unless the word
gets out there it is a self defeating event; up river gets left out and are trying to rectify that. Realize not
everyone has access to the website; it is posted at the community centers. Meeting management
software will allow broadcast of subcommittee meetings; have already broadcast NPTEC meetings; will
get subcommittee meetings set up. We will hopefully set up software for entering enrollment number
and password to view decisions. We are making progress but it will take time.
Marsan Lawyer – General Fund question.
Joel Moffett – General fund and payment of loans; refer to page 7 of the General Council report.
Aaron Miles – Tribe organization development and leadership. Conference with state departments has
older members and they are fighting to keep farmers ranchers; in the Tribe there are only a couple
forums to address issues. Look at leadership within the organization and develop leaders to address
issues. Deal with reactionary issues; i.e. SRBA is not connected with the community on how our water
rights are being protected. How do we get our communities involved and build communities by
economies and social services. Be aware of all areas and issues involving those areas and from those
people who are not heard. Now is time to have the forums to improve.
Samuel N. Penney – We applied for a license for a radio station that will be based in Kamiah and are
working on expansion of broadband internet to get information out to the communities. Develop
oversight hearings to find out issues and how best to address; improve communication with the Tribal
membership.
Mary Tall Bull – Saving tribal dollars – reviewed past resolutions regarding use of administrative leave
for elections, general council, powwows, Talmaks, etc., 190.5 hours times all employees is a large
amount of money. According to the National Gaming do not use gaming allocation to fund programs.
The gaming allocation draft plan; read section from draft plan on use of funds. Gaming has been in

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existence for 13 years; we are repeatedly being told we do not have any funds. Want a breakdown of
the enterprise budget that was approved at the May 2009 General Council.
Joel Moffett – The Executive Officer is in attendance and think that we can have that breakdown by
tomorrow. Haven’t said that we are not making money but that we are not making a significant
amount.
Eve Higheagle – In respect and honor of Nellie Axtell who made this request year after year, the long
house topic has been brought up for years. The Nimiipuu have had faith and we need a long house to
hear the songs and the philosophy of prayers. All religions are the same; we get into groups and are
divided; but we are all the same Nimiipuu; we need to respect other religions for having Nez Perce
hymns. What is the progress of having a long house built?
Samuel N. Penney – Executive Director, Rebecca Miles can give a more thorough report on where we
are with the long house.
Orin Allen – How come we don’t have buffalo? Back east they are raising buffalo like cattle. Would like
to see the old Archie Phinney monument moved to protect it.
Samuel Penney – Larry Greene and Brooklyn Baptist have been in discussion on getting buffalo here.
Look at Indianz.com website on information of other tribes who have had buffalo herds – we want to
move cautiously on building a herd. The Phinney monument could possibly be done; has been brought
up in the past; will work with the Executive Director and Maintenance to move it.
Joel Moffett – The new Finance Manager is Ed Brown. Also want to recognize Kathy Taylor for stepping
up as interim Finance Manager.
July Tess Greene – Enterprise budget - can we get the last 4 or 5 years budget? It would be important to
see where the profit and losses are.
Samuel N. Penney – April 14th in Washington DC the Nez Perce Tribe received an award in public transit
with Appaloosa Express. Would like to recognize Della Wheeler for getting this program started and Ann
McCormack for her contributions and Mary Beth Frank the current Transportation Planner. We are
working on a bus barn, shelters at bus stops, and service to Grangeville. Commend all those who
worked on this project.
Motion made by accept reports by Mary Jane Souther; Second by Tricia Carter; Motion Carried.
12. Idaho State Rep. Liz Chaves and Rep. John Rushe for Keith Allred
Liz read letter from Keith Allred, candidate for Idaho Governor; which states his reasons for running.
Introduced Rep. John Rushe. Seeking support for coming election in November.
13. State and Federal Agency Reports:
Tregg Owings, NRCS – The Natural Resource Conservation Service offers technical, financial, and
educational assistance on private and tribal lands. We work to protect and restore soil, water, plants,
air, energy, wildlife, livestock, etc. and offer assistance on conservation planning. There is finance

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assistance through the Farm Bill for several areas of land issues. Our state office is located in Boise with
field offices in Lewiston, Grangeville, Orofino, Moscow, and Nez Perce. Roger Amerman, soil
conservationist with NRCS. We are making an extended outreach to Nez Perce Tribe individuals by
development of a poster for Tribal people with contact information. We invite you to talk with any of
our representatives at the field location offices in the 4 communities.
Ken Johnson, Imperial Oil Resources of Canada - Map of location of travel from Canada, through Idaho,
through Montana and then back up to Alberta Canada. Work on minimizing the delay of travel; 15
minutes. Travel at night; top speed is 30 miles per hour and a minimum of 13 miles per hour with the
large and heavy load. Beginning June 7th will have public meeting in Lewiston, Orofino, Kamiah and
Kooskia. Announcements for meetings will be advertised.
Christine Bradbury, Forest Service, Tribal Liaison - Submitted report for General Council Report Book;
see pages 192-193. Rick Brazell is the new Forest Supervisor for the Clearwater and Nez Perce National
Forests. There is a temporary closure in the Red River Narrows Restoration Project Area for planting
shrubs along the restored river banks. Proactive vs. Reactive; Forest Service and Tribe has made great
strides in the area of keeping people on both sides in the loop. Specialists from the Tribe meet with the
Forest Service regularly to review documents and projects. Sandi McFarland, NPNHTA, is currently on
detail in the Washington Office. They are currently working on the Comprehensive Management Plan
for the Nez Perce National Historic Trail. Community meetings will begin in October to obtain input.
Location and times will probably be announced at the September General Council.
Greg LaFranz, Superintendent, North Idaho Agency, BIA – Report submitted for the General Council
Report Book; see pages 194-202. Have met with regional and deputy regional directors regarding
assistance with tasks and positions. Since February we have had staff come to help with leasing and
other issues; to address issue with Lockbox and payments; chief will come out this month to look at and
address issues. Leases have increased; 609 total active leases, increase of 113 since January. Vacancies
from the past year have not changed. Most positions have been filled from within which is no change in
vacancies; one vacancy is created to fill another. Outlined a few more positions and are working on
funding to fill current and new vacancies to provide better services. Trespass has been around a long
time and hope to fill a position to deal with trespass issues. The staff is working to get the job done and
is optimistic in improving.
Dick Rush, State Executive Director of Farm Service Agency - Concern of fractionated nature of land;
several owners in one tract. One thing that passed in last farm bill is the ability to loan funds for
purchasing lands to put ownership into fewer numbers. The State Executive Director is a Presidential
appointee; 1 of 4 appointees. Some background information, have managed the enterprises for the
Coeur d’Alene Tribe for a while; learned a lot during that time. Hope to use that experience to do this
job better.
Terry Olhaleram, Nez Perce National Historic Park Service- Pages 189-191 in General Council Reports
Book. The old post office in the park has been removed; have developed new trails with signage; hired a
natural resource specialist to manage the resources; working in partnership with Bob Sabotta to find
qualified native students to work at the park, it has worked well to fill positions.
Discussion:

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Robert Kipp – For BIA Superintendent, what is the status of resolution for the Tribe to take back
probate?
Greg LaFranz – The Area Office has not reported back on the status of that request.
David Holt – Congratulate on presentation. Individual rights of religious freedom outweighs the
religious rights. 1955 outlaw of use of pesticides and other treatments due to stillborns and other
effects; don’t want continual aerial bombardment of farm fields. Forest Service does provide for a
consultation as well for aerial spraying; more than just religious freedoms and land use. BIA, hope they
consider buffer zones for those who want to rent lands.
Dick Rush – Secretary Vilsack has made organic farming a cornerstone. Farming is a very small part of
our food supply. It’s hard to control weeds or insects without chemicals. USDA is interested in
comments.
Christine Bradbury – Over the years we have been working closely with Nez Perce Tribe weeds staff in
dealing with noxious weeds on the Clearwater National Forest. Internally there is much improved
communication. Externally we do need to improve communication with individual tribal members.
Tregg Owings - NRCS – Precision Ag has been being used; encouraging less use of chemicals.
Greg LaFranz – need to start looking into how to write prescription into leases on use of chemicals.
OJ Waters – Nez Perce utilizes springs, rivers, creeks, water according to treaty of 1855. Shortly oil is
going to become extinct; in the government section at the U of I library the government worked on
hydrogen gas and machines that use hydrogen. In the future technology will develop H2O combustion.
Bernice Moffett – Question regarding Exxon Mobil transportation plan; how extensive of study has been
done and how far has the study gone?
Ken Johnson – Met with the NPTEC before coming to this session, to discuss the transportation through
the reservation on Highway 12. We have worked with the Idaho Transportation Dept. for permits to
move the modules and affects on the road due to the weight. Will use pilot cars and utilize turnouts to
allow traffic to go through; limit to 15 minute delays. We are complying with all the rules and
regulations of the Idaho Transportation Dept.. For emergency vehicles we have a plan in place to allow
them to go through. There will be meetings with the NPTEC and public meetings starting June 7th. No
permits have been issued as of today; anticipate that permit will be issued by the end of June.
Lee Borgeau – Question for the NPNHP, what do you do to monitor camas? At Big Hole there was
another root and we asked if we could gather and were told no; why?
NPNHP – plots are set up and they use students who go to those plots to count the plants within the
plot; compare it year to year. We also monitor invasive plants and their effect on the camas. Question
at Big Hole will find out whey and will contact you directly.
Marilyn Bowen – Highway 12 transportation; glad to hear that a permit has not been issued. Highway
12 is a well travelled road and suffers a lot of damage. Who will be responsible for any damage caused
by these large vehicles? No matter what type of emergency plan things can happen. Are you going to

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use any tribal members for employment? Want to make sure that notices are posted for the public
meetings. Concern that it will also affect the daytime traffic.
Ken Johnson – We will be using large trucks with specialized license; will need security and support
vehicles, etc. which will be hired within the state. Yes there will be public notices with the first meeting
on June 6th. Traffic and damage on the road, have had studies of traffic volume on the highway 12;
volume went down at 11:00 pm; planning trip when volume of traffic is low on the road. There will be
provisions for damage. Winter driving conditions; are looking at NOAA website and will be using
information from pilot cars to asses road conditions.
Nancy Wheeler – Are any hazardous materials going to be transported? Are any funds going to be paid
for use of the road?
Ken Johnson – Containers will be empty, only diesel fuels used by vehicles. Funds will be paid for
permits.
Motion Made by Danae to accept and excuse the panel; Seconded by Darrell Wheeler; Motion Carried.
14. Public and Private Sector Reports
Rebecca Miles, Executive Director, Government (See full report starting on page 37 of General Council
Report Book)
o
o
o

o

Recognize Quincy Ellenwood current building director, McCoy Oatman former building director and
Barbara Greene; for the new PA system and lighting.
Enrollment software to create a hologram on the id to meet the Mexico and Canadian border
requirements for an official identification.
Long house is in the Nez Perce Tribes Strategic plan; in 1998 it was the second priority for the Tribe.
Over the years it’s been bumped back on the priority list. We are close putting out the construction
contract. The long house is important to our heritage and language. Need to purchase land because
the current site went into private ownership.
Constance Waters is retiring tomorrow and will honor her when she returns to the meeting.

Jamie Olsen, Executive Officer, Enterprises (see Nez Perce Tribal Enterprises 2010 Spring General Council
report) Directed attention to report book and briefly discussed the following items:
o Provided background information and descendents; educational background; and professional
background.
o Listed all directors - see list of directors in report.
o Working with the State of Idaho to use land around the Camas Express for parking and drain field for
the expansion of a truck stop.
o Wallowa Lake Lodge purchase increased to $4.7 million; decided that it was not worth that amount.
Analysis of the income for the current site could not support the purchase price.
o Analyzing the increase of size of the Its’e ye ye Casino to better serve the patrons.
o Also looking at a new computer program that will allow for better tracking of inventory, allow for
on-line reservation system, and better communication between internal computer systems.
o Retirements – Midge Hayes 14 years of service; Loretta Sobotta 13 years of service
Fred Clark; Enterprise Comptroller - Financial Report (see power point handout)

DRAFT Meeting Minutes

Motion Made by Mae Taylor to recess until tomorrow; Seconded by Ann McCormack; Motion Carried.
Recessed at 5:35 pm

12

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Nez Perce Tribe
General Council Draft Meeting Minutes
Friday, May 7, 2010
Meeting Called to order at 0835 by Chairman Carla Timentwa
Review of approved agenda changes
15. Opening Prayer – Julia Davis-Wheeler
16. Public and Private Sector Reports (continued; question and answer)
Dave Holt – Infrastructure; facilities; solar power, wind energy. The wolf center is a good example of
what our people do here. We have the technology. Try solar power energy; either manufacture it or
use it.
Rebecca Miles – In the strategic plan there is a directive from NPTEC when pursuing facilities also pursue
green technology. Also, they won’t be built without input from the Tribal membership.
Nancy Wheeler – Wa-a’yas repairs with roof and flooring; Lookingglass Powwow use the gym and
facilities; need them up and running. Are we going to be able to use the café (culinary school)? No one
was aware that there was going to be a culinary school; in the past it’s been used for several events that
are held at the Wa-a’yas.
Rebecca Miles – The roof is scheduled to be started within the next couple weeks along with the floor.
The culinary school was approved by NPTEC for TANF. It has taken a long time to get the program going;
has taken time to get it started. State TANF will reimburse to the Tribe for remodel and we are still
waiting for it. We are in a situation where we have made an investment and we need to figure out how
to protect that investment. Meeting space is requested often and they will be looking at office space
that is not currently used for what it was intended. We will be working with maintenance to upgrade
the main office and Circle of Elders office and will be working on it because NPTEC doesn’t have a
meeting space. Unable to answer the question about use of the kitchen for meetings; NPTEC will need
to make that decision.
Shell McCormack – Both buildings were built in the 60’s as community center; the café is leased and no
offense but the kitchen is leased and on the lease it states that food cannot be sold within the premises
and that the kitchen cannot be used for keeping food warm. During Powwows food vendors need to be
able to sell food.
Rebecca Miles – NPTEC does approve the lease contract and the culinary arts school at the Wa-a’yas; we
do need to consider that when we review renewal of the lease. The lease states that vendors need to
be 100’ away to raise funds.
Laura Major – The person who is running the culinary arts school is being paid when nothing is going on
in that building?

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Rebecca Miles – Wendy Thomas is the interim Director of Social Services and can get a more complete
report from her. The State TANF funds are what is being paid; not tribal funds. We do need to also
think about other uses other than the culinary arts school.
Ron Holt – Casino revenue is projected for slight growth; over the past year it went down. Venture for
the Camas Express sustained loss of $160,000; where are we going and what do you project as to the
overall condition of both casinos and how are we going to meet the competition? Other casinos
encroach by providing transportation to their casino. We need to see tourist and buses bring people to
our casinos.
Fred Clark – We are expanding our efforts in putting packages together to attract groups. We are
currently in the process of putting together packages for people for fishing, golfing, and other activities
in the area; pursuing other marketing efforts to attract customers. We are looking at the Camas Express
and evaluating the loss and evaluating the expansion as a truck stop on what kind of revenue it might
bring in. Tour buses – we have had a tour bus bring in people and we know we need to expand on our
local market.
Jamie Olsen – In regards to Camas, we are working on getting the CFN designation for truckers on sales
of diesel fuel and also address selling diesel fuel to truckers from out of state. We are currently a
consumer business. Once we are a CFN designation our sales will improve. Our tourism group is
working on bring tourist to the site. A man from Paris is working on bringing in tourist from other
countries. The tour guide from Paris is interested in horses and they also like to gamble but also learn
about the Tribe history.
Pete Wilson – Have not received a response regarding the casino putting on a powwow. Our powwow
committees have been in existence for a long time and only receive $3000 each but the casino spends
$60,000; where is the fairness? Allen Slickpoo Sr. made a motion that powwow committees who have
been in existence for over 10 years would receive $10,000. We did for a couple years.
Jamie Olsen – The Clearwater River Casino has hosted a powwow for the past 2 years and plan on
hosting one this October. The event is to also get them come to the gaming floor. We do spend
approximately $70,000 which a lot of it goes to the stick game and drum contest. Hosting a powwow is
to also bring additional business to the casino and hotel. The hotel is already full for that weekend. We
do support financially through our promotions funds other powwows; we also funds basketball, golf
tournaments. We want to be a good community neighbor.
Bernice Moffett – Supervisors need to follow their job description. If we want to move forward we need
to give the ED and EO a chance; let them be responsible for supervising the people they are responsible
for. Give them a chance. They are just starting; we need to back them up. The employees of the tribe
and enterprises; do your job and you won’t get in trouble.
Vesta Villalobos – Nimiipuu Health funds a scholarship and have fundraisers to fund the scholarship.
When asked for a gift card from the Casino for a hotel room we were told that it would have a time
limit. We went to the Coeur d’Alene casino and they provided a gift card without a time limit or other
restrictions.
Ron Holt – Explain the problems we have at the casino with kitchen casino; explain when it will be
profitable? What are you going to do with the RV Park?

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Fred Clark – Restaurant has been losing large amounts of money for the past few years. We are laying
out corrective plans to make it at least a break even situation. We projected that we will have a loss for
this year and have made decisions to make changes in management. We realize that we have problems
but feel we can overcome them. With the RV park we have not had enough time to analyze or pursue it.
We know we have problems down there and will be addressing them.
Solo Greene – As leaders of the Tribe; we have a lot of potential here on our reservation that we have
not tapped in to. We have resources available. Agree with Bernice regarding job duties and
responsibilities. A lot of the problems we have are personal and petty. Some of the issues we are
discussing today are issues that have been discussed for years. We need to put our self in the position
of the people we serve. All NPTEC members and Managers please stand up. All elders please stand up.
We are all connected; inter related. We are here to serve our people. We need healing. Request to
sing a song just for our people.
Ronald C. Oatman – Congratulate EO and ED on their position. Report on recovery of fish but we have
the ocean and dams; need control in Zone 6. We have families who fish in Zone 6. The Colville’s filed a
suit; we need to file a suit because of fish are being harvested before they reach our area.
Rebecca Miles – Served on CRTFC; recognize that fish have to come through Zones 1-5 and are hit hard
by non-Indian fishermen first then the Tribes get to fish. One topic that was discussed in CRTFC was to
allow Indians to fish below the dams. An attorney stated that it’s an old trick that when there is a large
projection they get fished first below the dam and by the time they reach Zone 6 the projection is much
lower.
Ronald C. Oatman – with plans for building a plaza; Atway is not a destination spot. We shouldn’t take
loans on top of loans. In plans to cut costs look at all the directors.
Jamie Olsen – The first stage of the design is to get rid of the current event center. The event center has
been very successful. It’s also the desire that we have facilities where we can host conferences. We get
a lot of requests for hosting conferences; there are several other events where we can maximize our
opportunities. With our current staffing we are analyzing our organization and the number of
employees we have on during certain times. Our staffing needs go hand in hand with the needs of the
customers. We are currently working that.
Helen Goodteacher – need stronger efforts in recycling and use of ‘green’ products (recyclable
materials). Look at being a green casino and hotel. There are solutions and simple solutions out there.
We should promote being ‘green’ businesses.
Aqua Greene – We need to have a good marketing plan to be out there; example Coeur d’Alene casino
commercials. Where are we on the map with better marketing? Machines set at certain payouts; other
casinos are putting out more and we need to get in shape and get in gear to bring people to our casino.
The Camas Express is a good opportunity and is headed in the right direction.
Richard Merrick – has been all over and has seen a lot of casinos. We need to look at on-line gaming;
when you start adding in and adding on too big. Is this something that we want? Drawing the people in
is what we went to do; we should have thought of this before we built it. Is this what we want in our

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community? Zone 6 fishing- used to go with uncles and fished on river Columbia; elders used to put an
injunction on the cowboy fishermen to allow fish to come up.
Jamie Olsen – We do have enough cash to pay for the expansion right now but we have needs. We do
still owe about $14 million. We do have the cash to pay off the loan and are analyzing it to make sure
we make the right decision on use of the funds.
Motion Made by Danae Wilson to accept the report of EO and ED and excuse them; Seconded by Dave
Holt; Motion Carried.
17. Human Resources Subcommittee – Julia Davis-Wheeler
Directed attention to report in General Council Report Book; pages 26 to 27. Will not read it word for
work but touch on subjects of most interest:
o Have held listening sessions which where attended by the Rebecca Miles, ED.
o The State of Idaho has been good about attending the HR Subcommittee meetings.
o They are addressing the scholarship issues. They are working with NPTEC to address the issue and
realize that the amount currently given is not enough.
o Veteran’s issues – are pursuing funding for a full time Tribal Veteran’s Representative.
o Educational Assistance – looking at increasing it a little to assist with more.
18. Nez Perce Tribal Housing Authority Board - Richard Arthur, Chairman of the
Directed attention to General Council report booklet
Presented a power point presentation
19. Nimiipuu Health Board – Denise Walker, Interim Executive Director
Directed attention to Nimiipuu Health General Council Report Spring 2010 booklet
Presented a power point presentation
20. Senior Citizens Advisory Board – Betty Kinzer, Chairman
See Nez Perce Tribal Senior Citizens Advisory Board, General Council Report
Discussion:
Dave Holt – Veteran’s concerns with health care. Clendon Allen transports veteran’s to appointments.
Housing – low income housing pays a significant amount; high and low income pays the same amount?
What are the income guidelines?
Richard Arthur – Nursing home concern - those who own land do not qualify for Medicaid because they
have land; do not want to give it up to obtain Medicaid. When working with the State there are
protocols. As far as income, no one is paying 30% of their income. There are set formulations for
figuring payments. NPTHA does not support the garnishment of per capita payments.
Lucinda George – Concern with Social Services and what they are doing to help protect our elders.
Housing concern for elders – need to do welfare checks. Need an elder abuse law to protect our elders.
There are programs that can be utilized to check on elders. Concern regarding resident of senior citizens
complex and concern over fire.

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Richard Arthur – when meeting with the subcommittee they bring up the issue of and Elder Abuse Law
to protect them from physical and other types of abuse. Tenants do have the right to have family
members come stay with them for up to 2 weeks and they leave for one night and come back; they
bring kids and have parties. Need to have other entities right there to monitor and address their issues.
Julia Davis-Wheeler – Introduced Jackie McCormack, new Director for Students for Success. The Elder
Abuse code has come to the table many times and we do not have any funds. Like the idea of
combining it with other program to provide an ombudsman. We do utilize Social Services.
Denise Walker – We do have CHR’s who also go out to the homes. If you are an advocate for an elder
need to help them report the abuse.
Shell McCormack – When power was out they had no heat or lights; need an emergency response plan
for the seniors during emergencies. Clinic – it’s a nice building but it’s the service that counts. How long
do we need to go through triage? We get sent down to the hospital because they quit taking patients at
3:00 so that the staff can leave at 5:00. They are there to serve the people. There are two elders who
went to be seen but were sent away and when checked on later had to go to the hospital because they
were sick. What right does the nurse have to send patients away? Pain pills – they call patients in to
count their pills, why do they need to do that. Have lost faith in the clinic because they don’t treat
patient right.
Richard Arthur – Power outage - in each of the rooms there are emergency contact numbers for the
residents to call. In the past when there was an outage they were put up in a motel; also for other
emergencies.
Julia Davis-Wheeler – Every year before winter Chairman Penney does ask how we will respond to
emergencies and will get a plan together.
Laura Major – Concern regarding signing a pain contract before being allowed to obtain a prescription
for pain meds and that contract also includes making home visits any time to take a UA and to count
pills. Also concern over transportation for appointments; can Medicaid be charged to provide for the
transportation?
Dr. Hollow – People need to understand that pain meds are narcotics; considered controlled substances
by the Federal Government. Although the clinic would like to give them out they are federally
controlled. Pain meds lead to addiction. Drug addiction is a huge problem on the reservation; some
individuals fall into an addiction by starting with pain meds first. The reason we have to have an
agreement is because of abuse of the medications. There has to be rules on how they are given out.
Using pain meds is complicated and the agreements and checks are to help stop abuse of those drugs.
We are looking into transportation issue and are looking at policy.
Julia Davis-Wheeler – NMPH can charge Medicaid for transportation.
Marilyn Bowen – Acknowledge Dr. Brad Schaff. Concern regarding no provider at Kamiah; if a provider
calls in then we have a shortage of providers at the Kamiah Clinic. Code of ethics for our NMPH, NPTEC,
directors, and programs; is there a code of ethics?

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Julia Davis-Wheeler – A code of ethics needs to be posted in each office. Each office needs to develop
those for their department and post it; similar to the bill of rights.
OJ Waters – Tribe has housing units, individuals own the house but the tribe owns the land. A tribal
member wanted to leave something for his children; paid on his house faithfully; only owned approx
$3,000; he left his house to his son. When the son moved in he was told by the housing that he now
owed $34,000. Has something like that happened?
Richard Arthur – without getting into specifics; your correct that if it is a mutual help home and the
person passes away; the person who inherit only owes what is left.
Ron Holt – Sundown Heights; Tribal members who worked to build those homes when the job ended
they were told that nothing was paid into unemployment insurance was paid into their accounts.
Payments to CIB’s and subcontractors; ANC walked off and still owed.
Richard Arthur – With Advanced Native being the contractor; will not comment on the case due to
possible litigation. Housing does have all documentation on the Tribes part.
Nancy McAllister – Why does it take so long for tribal members to purchase a home? A courtesy call
from the clinic would be good for times when appointment needs to be changed. With dental it feels
like patients are being pushed through like cattle.
Richard Arthur – there is a calculation for debt to income ratio to be mortgage ready. We do not have
programs where a tenant only has to pay 30%.
Denise Walker – The no show percentage is high and are looking at the process. Realize that there are
times when a provider is not available and we need to change appointments. Will work on doing
courtesy calls.
Shirley Rickman – concern about non-Indians being served first – takes a long time to get an
appointment. With surgery insurance paid the majority of the bill but contract health did not pay the
rest and receive calls from collection agency. We have a lot of people working at NMPH and we sit there
and do not receive service.
Dr. Hollow – We need more medical staff and are trying to get them. Appreciate the cooperation to do
that.
Tricia Carter – Need to build a ramp up the east side of the complex to replace steps and fix the rail.
Replace the doors because they are hard to open; replace them with automatic door. Sand down railing
due to splinters and have first aid kits available.
Quincy Ellenwood – Nimiipuu Health - Thank you to NMPH. Very grateful for what we do have after
seeing a bill for surgery. Grateful for treating wife and glad to hear that his wife is in remission. Thank
you for the services and dedicating your lives to your profession; and to the Man upstairs for answering
prayers.
Elaine Ellenwood – Have been on pain meds for a long time. Relate personal health issues which require
pain meds. Denied pain meds because of testing and pain med contract – when you go anywhere else

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do you have to sign a contract and be UA’d? Also if they suspect you are pregnant they can test you and
take you off pain meds.
Mary Tall Bull – when will she receive certificate of ownership for house? Pain meds are the biggest
cost; pain meds are a band aid; it’s like alcoholism. Across Indian country addiction to pain pills is an
issue. Have a resolution to present.
Aqua Greene – Welcome Denise to Nimiipuu Health. The issue of pain meds is a touchy subject. It is the
providers who put patient on pain meds; don’t bandage it fix the problems. A lot of people do have
insurance; get the help they need rather than use a band aid. The few that abuse medications the police
know who they are. Want to see stats on providers; how many patient they see and when they cancel?
Behavior health; Katrina did a lot on her own time and out of pocket. When she left patients were
referred to the medical providers, which take them away from their patients.
Fawn Scott – Work at NMPH but am here as a patient. Related personal health issue with back.
Concern that they wanted her take pain meds and concern with seeing a provider.
Presentation – Rebecca Miles, Executive Director and Chairman Samuel N. Penney recognized Constance
Waters for her years of service to the tribe.
Agnes Weaskus – HR - we need to employ our Tribal members whether they are educated or laborers.
Each applicant has their individual situation but they need work just like anyone else. Contract Health –
Nez Perce Tribe has a good insurance policy. The benefits are good and people outside the Tribe want
to work here for the benefits as employees. If our Tribe has such an overload of patients at the clinic
can Tribal employees who have insurance go to outside providers? A possible option is to open it up for
those with insurance to go outside.
Melvin Wheeler – Housing - Nez Perce Tribe Elder Home repair statement on back of report. What is the
process to get needed repairs to father’s home (roof)? Request assistance from NPTHA to go there to
see his father to get the assessments and to obtain estimates.
Richard Arthur – Recognize Melvin’s service to Housing. There is an application process to get needed
repairs. Don’t know the status if he has an application in or if it was denied. Paul and Hodge do go out
to do assessments.
Lori Smith – if you know any elders who need assistance please stop by and let staff know and they will
assist them with applications or needed information.
Darrell Wheeler – NMPH - hopes that in the future there will be better communication between the
Kamiah and Lapwai clinics so that the correct medical procedures can be done. Issue to pain pill –
personal medical issue related; side affects with pain meds.
Motion Made by Danae Wilson to accept reports and recess for lunch; Seconded by Della Wheeler;
Motion Carried.
Recess at 12:30 pm; return at 1:15.
Meeting called back to order at 1:30 pm

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21. Budget and Finance Subcommittee Report - Joel Moffett, Chair
o See Page 22-24 of the General Council Reports Book
o Results of gaming revenue survey is available; see report titled Nez Perce Revenue Allocation
Survey Final Report.
22. Enterprise Board – Bryan Samuels, Chair
o Enterprise Report Booklet Pages 6-7
o Thank you to the General Council for having the opportunity to serve on the Board.
o Read list of officers and members of the Board
o Acknowledge enterprise staff for working with the Board
o Couple of significant events – new Finance Manager, Fred Clark and thank you to Thomas Rickman
for serving as interim. New Executive Officer, Jamie Olson and thank you to Mary Beth Frank as
interim
o Gaming Commissioner Jason Halstead and thank you to past members of the commission
o Board has approved a finance manual but is waiting on approval from HR.
o Strategic plan for enterprises is a working document; as we move forward with tasks we will also
review the plan and change it as needed.
o The Enterprise Board has had access to different financial reports which gave us the ability to work
better with the enterprises.
Issues:
o Per capita - the board requested last fall that funds do not come from the revenue. We’re not
saying not to have a per capita but rather to investigate other avenues.
o Wallowa Lake Lodge - Voted not to make it an enterprise project.
o Tac’ Titoqan was moved to the enterprise. Asking for more analysis for the feasibility of where it
should be located and how it will be funded.
Discussion:
Dave Holt – Per capita – the past treasurer reported years ago that we had $70 million dollars in
enterprises; it got divided up into line items. When considering a per capita or a stimulus you get into a
different direction on use of funds. Want a definition on the type of constraints and auditing
constraints; help to educate the people on those. Limestone - it was liquidated and if we go back into it
we are going to need a crusher again and will need the use of the railroad; if we get the limestone back
then we also need to get our railroad back. Enterprise Board needs to consider that.
Joel Moffett – At the public meetings held in November we wanted to respond to the General Council
resolution for a per capita; but we were working under time constraints. We wanted to get a
distribution out before Christmas; had to look at other funds at that time to get it out. There is a
difference between a per capita and a stimulus. NPTEC passed a resolution in response to the General
Council to put together a committee to draft an allocation plan; look at the survey on line and hardcopy.
Will look at those results along with the cash analysis; there is pressure on cash reserves. Anticipate
that we will have $5 million in revenue this year; but the committee needs to look at how much gaming
revenue we will actually earn.
Bryan Samuels – The limestone quarry is in a study phase. At this point in time we are looking at new
strategies on how to mine the limestone. We didn’t look yet at the funds we will need to do it; but will
look at the technologies on how we can get it done.

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Mary Tall Bull – Presentation of resolution – Job descriptions are written that eliminates tribal members
from being hired. Programs are hiring family, friends, etc. Satellite offices who refuse to hire tribal
members (example; at one satellite office a manager hired his wife for janitorial and also does the
photography for the program). Contractor has stated to tribal members that he would rather hire
Hispanics. That contractor should not be hired again. He currently has a contract with 8 employees and
only 1 tribal member.
Resolution NPGC 10 - ## (resolutions committee; regarding hiring and Indian Civil Rights) presented by
Mary Tall Bull (do not have a copy of the resolution)
Motion by Mary Tall Bull to approve the resolution as read; Seconded by Joann Arthur
Discussion:
Robert Kipp – General Council should be provided a copy of the resolution.
Subsidiary Motion Made by Danae Wilson to table the resolution until copies can be provided; Seconded
by Marilyn Bowen; Motion Carried
Mary Tall Bull – Question regarding the amount of funds in gaming revenue.
Joel Moffett - $19 million in revenue
Mary Tall Bull – Presented a resolution on per capita and to include General Council officers on gaming
allocation plan committee.
RESOLUTION NPGC10-001
WHEREAS, the Nez Perce Tribe’s General Council has been empowered to act for and on
behalf of the Nez Perce Tribal membership between meetings of the General Council,
pursuant to the Revised Constitution and By-Laws, adopted by the General Council of
the Nez Perce Tribe, on May 6, 1961 and approved by the Acting Commissioner of
Indian Affairs on June 27, 1961; and
WHEREAS, the 2009 Fall General Council accepted and approved a resolution by
majority vote for the disbursement of two per capita payments in the amount of
$1500.00 for each enrolled member of the Nez Perce Tribe, and
WHEREAS, the resolution states NPTEC will create an allocation plan to be submitted
within a 30 day period to the National Indian Gaming Commission for approval of the
Nez Perce Tribe’s first per capita payment from Gaming allocation funds, and
WHEREAS, the resolution further states Nez Perce tribal members will be paid per capita
payments from the Nez Perce Tribal Gaming funds with the fist $1500 paid by December
18, 2009 ad the second $1500 payment made and available to tribal members by June
18, 2010; and
WHEREAS, the resolution further states the NPTEC members shall provide a long term
Gaming Allocation plan available and ready for review and approval by the Nez Perce
tribal members at the Spring General Council meeting 2010, and

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WHEREAS, Nez Perce Tribal members did not receive a per capita payment but did
receive a “stimulus” payment of $1000 on December 18, 2009, and
WHEREAS, The Nez Perce Tribal Executive Committee failed to meet the directive of the
NP General Council failing to submit a Allocation Plan to NIGC and failure to provide a
per capita payment within the required time stipulated by the Nez Perce General
Council fall session 2009;
NOW THEREFORE BE IT RESOLVED, The Nez Perce Tribal Executive Committee shall
immediately begin working cooperatively with the NPTE Executive Officer, General
Council Chairman, Secretary, and Resolutions committee in creating a Gaming allocation
plan that includes future per capita payments to be submitted to the National Indian
Gaming Commission,
BE IT FURTHER RESOLVED; The Nez Perce Tribal Executive Committee shall work in a
cooperative manner in completing these tasks in an attempt to meet the needs and
desires of the people also known as the General Council.
The foregoing resolution was duly adopted by the Nez Perce Tribal Resolutions
Committee in regular session n May 2, 2010 at Lapwai, Idaho with a quorum of its
members present.
Motion made by Mary Tall Bull to approve the resolution as read; Seconded by Elaine Ellenwood;
Motion Carried
Discussion on the Motion
Danae Wilson – Clarification; is there a committee already working on this?
Mary Tall Bull – This resolution is a different committee and this committee should include Nez Perce
Tribal members.
Joel Moffett – There was a resolution passed by NPTEC that established a committee.
Mary Tall Bull – Clarify that the General Council Chairman should be appointed to the gaming revenue
allocation planning committee.
Carla Timentwa – The gaming allocation planning committee was never dissolved but NPTEC made the
decision that a new committee be formed.
Elaine Ellenwood – Know that a study is being done for payments down the road, but we did pass a
resolution for a per capita; would like an outline on when we will get it.
Lisa Guzman – How do we start looking at the marketability of a credit union or other financial
institutions? We are only looking at a narrow view of enterprises in gaming.
Jamie Olsen – We do have revenues and are looking at the best use of those funds for the good of the
whole Tribe.
Leslie Randall – Support some of the resolution. As far as the committee the Chairman of the Enterprise
Board should be a part of the committee.

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Badge Arthur – is the allocation plan for one casino or both?
Joel Moffett – We need to submit one revenue allocation plan which includes total revenue for all
enterprises.
Discussion continued to the Board
Pete Wilson – In the fall you reported that we had the funds in gaming revenue; so now are you saying
that we don’t have it? If you have a time limit then what is NPTEC doing; there are 9 people in there
who should have worked on this to meet the time limit.
Joel Moffett – Apologize for not responding; we do not have an answer because we do not have a
gaming allocation plan that states what percentage goes to what account. It looks like the projections
are to make $5 million; the time is right to develop the plan and welcome the new committee members.
Richard Marek – Can we afford this? Example of 3 tribes in Washington; put millions in their casinos but
they failed. Cannot say that 5 months, 6 months from now we will get a per capita. We can’t pressure
for a per capita but need to wait to see what our casino produces.
Gwen Carter – concern about indirect costs; monthly and yearly. Need to be accountable for indirect.
Rebecca Miles – mention of non-Indians on the committee; we need key personnel working on the
committee. Appreciate Joel’s leadership on subcommittee. NPTEC, ED, and EO are heading in the same
direction with our enterprises.
Bernice Moffett – It’s our money and we want it now. Want General Council to look at reports and see
our indebtedness and how many programs use gaming allocations. Used to be against per capita but
when looking at the book and see how it’s used for programs I’m for it. It’s our money.
Motion Made by John Strombeck to accept and excuse the board; 2nd Dave Holt; Motion Carried.
23. Law & Order/Intergovernmental Affairs Subcommittee – Tonya Garcia, Chair; Larry Greene
o Page 31-32 of the General Council Reports Book and power point presentation
o Held three listening sessions to hear the concerns of the tribal members.
o From these sessions we will compile the information and present ideas to NPTEC.
o Addressed amendment that expands jurisdiction of the Tribal Court to include the Columbia River
area.
o The need for Tribal Code to reflect Nez Perce Tribal culture and values
o Strengthen and protect the sovereignty of the tribe
24. Gaming Commission – Jason Halstead, Executive Director
Directed attention to pages 183-184 of General Council Report Book
25. TERO Commission – Mary Jane Souther, Bruce Lawrence, Joyce McFarland
o Pages 185-186 in General Council Reports Book
o Introduced the members of the commission.
o Give support to TERO director.

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TERO office is now under the Education Department, Joyce McFarland, Director
TERO commission meets regularly; work with tribal members and other tribes on issues. We belong
to the Regional and National TERO commission.
Randall Minthorn is new TERO director
Program purposes are to certify Indian businesses and new applicants. Try to expedite application
so that they can compete for jobs here on the reservation when requests come in looking for certain
skills.
Collaborate with other Tribes.
Work with and provide awareness for outside businesses to educate them on mutual respect and
education on sensitive issues.
Acknowledge Lita Frederico for covering for when the past director was sick.
Have meetings scheduled for June in Lapwai, July in Orofino, and August in Kamiah.
Statistics - 135 people looking for jobs; more awareness of jobs needs; 85% of those are males.
Need sustainable jobs and we will be working toward that goal.
Advertise TERO office in the paper; who we are and how to get a hold of us.
May 19-21 conference here for tribal members and departments; John Navarro with the council on
tribal rights.
We are working on skills applications with members. Want to provide a laptop and computer to
assist in resume creation and search for jobs.
Assisting businesses with filling out applications to become a CIB. 50% of the economy is driven by
small businesses. Need to help move our small businesses to give them the opportunities to move
forward.
The contractor who has the bridge project has interviewed tribal members for positions.
Valley waste treatment facility, TERO is working with them on hiring tribal members.
Other projects are river weir project is through tribal fisheries; Kooskia Idaho Department of
Transportation project; Lapwai city chip seal; IHS water drain field; and others that will help provide
employment to our people.
Randall will have office hours in Kamiah for service. Also will be in Orofino on Wednesday from 1-3.

Discussion:
Motion Made by Danae Wilson to direct NPTEC though the Chairman to issue a memorandum for
immediate review of the vehicle use policy that shall be presented to the General Council at the budget
and Finance Public Meetings; directing further that all Administrative Personnel no longer be allowed to
take vehicles to and from home; and that only those Law Enforcement Officers that live on the
reservation have vehicles for response to calls or emergencies; 2nd by Lucinda George. Motion Carried
Discussion on the Motion:
Dave Holt – Appreciate the service. The city clerk is driving the old law enforcement vehicle; water
sewer garbage; need to take a look at the city too. In favor of the motion.
Lucinda George – The Chief takes a vehicle home and she is not a first responder. The field officers are
the first responder. The chief uses the vehicle for personal use.
Discussion:

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Motion Made by Danae Wilson that the Law Enforcement Chain of Command be publicly posted for the
General Council’s information and that the Nez Perce Tribe website be updated to reflect the chain of
command; 2nd by Lee Borgeau. Motion Carried.
Discussion (con’t):
Dave Holt – When are we going to get away from having our driver’s license issued from the State? How
many cases does it take that we get to the point where we provide our own license? Currently pay child
support through State; but the State takes away license by not paying; Tribe writes into job descriptions
that license are needed for jobs. We all suffer; not just the children but the whole family.
Tonia Garcia – Not sure if child support can be moved from the State to the Tribe. All tribal members
deserve protection by law enforcement. NPTEC members are servants to the people; your best interest
is what we work for. If you feel you are not being protected come to the L & O Subcommittee and let us
know. Asking Randall to look at requirement for driver’s license.
Lucinda George – Navajo Tribal code on weapons; sent from friend. Read a portion of the code on
carrying and discharging code; need to build into our code with tribal sensitivity. Need a code for cell
phone pictures shared. Will leave a copy of the weapons code with Danae.
Dog Ordinance Issue:
Several people reported problems with dogs that roam and no enforcement of the dog
ordinance. Dogs howl and bark, leave feces in yards where children play, cruelty to animals by
reproducing and litters dying in the neighborhoods, children and adults being bitten, certain
breeds of dangerous dogs roaming the streets, etc. Need to have animals spayed or neutered.
Fear of walking in neighborhoods due to stray dogs.
Justine Miles – Does the dump belong to the City or the Tribe? What days can garbage be dumped or
picked up?
Tonya Garcia – Can report dogs to have them picked up; no issue on whether it’s an Indian or non-Indian
dog. The dump is not always open.
Rebecca Miles – the land for the container site belongs to the City; the Tribe owns the fences and
container. John Wheaton is the new Solid Waste Director. Have had issues with the city having a
dispute with Walco and we did not agree with the new contractor. We want to work to get a recycling
program. We were in a 60/40 agreement with the city. We want to resolve it and we have received a
lot of complaints; Plant maintenance pays for the majority of that.
Mary Jane Souther – if you get bit come to the clinic and report it to me. Nimiipuu Health has a
reporting system where dogs can be detained until testing is done.
Bernice Moffett – the TERO ordinance is used with outside businesses; recommend that not only have
lecture on TERO ordinance but also training on Indian Civil Rights. Employees who are fired have
difficulty writing a defense. Indian civil rights protection is needed on this reservation. Ask TERO for a
session on Indian civil rights; specific session for NPTEC.

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Joyce McFarland – have a good agenda but changes can be made and there is a special session for
NPTEC.
Tonia Garcia – Programs are to use Title 7 and 9 within the tribe as well. Good to have John Navarro
here because he is a leading expert in TERO.
OJ Waters – comments –Treaty of 1855 says they will put roads through the reservation but does not
say that we need to have license.
Mary Tall Bull – The wording of the ordinance seems to be used against certain people. It needs to be
used across the board. Thank you to Joyce for helping her student out. TERO, contractor needs to be
reprimanded for the way they treat tribal members; need to pay back members. Contractor made
allocations against tribal members on theft. Law Enforcement – are slow in responding; schedule needs
to be worked out to have coverage. It’s not an 8:00 to 4:30 job; it’s a 24 hour day job. Use of vehicles –
all business need to be given to the Appaloosa Express. When we have a problem with contractors at a
work site it needs to be written up and bring it into the director.
Molly Harris – Tribal court code says that if arrested they have to sit in jail for 2 days and miss work.
They cannot bail out. How can our people be arrested by other jurisdictions. Brother who was shot had
the right to call for a tribal officer; we have that right on our reservation. Need to change code; do not
have the right to get released on own recognizant out of our system. County and State are not working
with Tribal Law enforcement after shooting. At briefing, the US attorney said they wanted to know
about issues with State Police so that they can see where their problems are.
Tonia Garcia – Will work on code and begin contacts with ISP.
Larry Greene – Have had meetings with state and city of Lewiston; asked questions and relationships
with other state officers that we did have open dialog; but we don’t have that anymore. Four had
encounters with ISP that they reported.
Arthur Taylor – L & O – Law ordinances in Tribal Code regarding public intoxication; what is the status of
the house known as Babe Reuben’s house? Students use that road to go to lunch and notice that a lot
of teenagers are hanging out at that house. We are not working at eliminating these types of places; no
running water or electricity, health issue with bathroom use of back yard. When are we going to
enforce the tribal code to eliminate that house? The tribe needs to step in when the owner does not
have the funds. It has been in the works for over a year. There are a lot of abandoned houses in the city
and the activity will move to another house. Need to be proactive and do something about all the
abandoned houses.
Tonia Garcia – Just gave it back to the departments to get it demolished; one of two homes. It’s gone
through the process and waiting for bids.
Larry Greene – need to help the individuals. We can take all the houses but the problem will be there.
How can we create something in Social Services or Nimiipuu Health to take care of the individuals?
Allen Slickpoo Jr. – questions/comments – 1. Response time for Law Enforcement; brother laid on road
for 4 hours near the village. 2. L&O code; warrants, summoned to court and signed off by judge given
to officer to arrest. If you cannot serve papers to an individual then a warrant will be issued. Individuals

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who did not receive a summons have a warrant issued. 3. Custody issue; Tribal Police was at house to
pick up kids when son had custody; papers from Yakima Nation do not have jurisdiction on our
reservation. 4. Have copy of 2003 plan of operation that says directors and managers are to attend
General Council; the burden should not be on NPTEC members to answer questions. A lot of this
regards the Chief of Police.
Tonia Garcia – enforcement of papers from Yakima does not have authority here and needed to go
through our tribal court. L&O subcommittee will address the warrant issue.
Larry Greene – Response time is not a budgetary issue. It is something that we need to address through
our scheduling.
Jamie Five Crows – Tribal Police are sending police to POST training; why aren’t they being sent to
Federal Policy Academy? Are police being sent to learn about State rather than Federal law?
Larry Greene – don’t have that answer. Will find out?
Ron Holt – Is there a 5% increase in the number of gaming machines; are we are going to increase.
Jason Halstead – not going to get more because at this time we do not have room to grow.
Marsan Lawyer – MOA’s with ISP and Sheriff’s department; can we get information on what it says in
the MOA’s?
Tonia Garcia – MOA/MOU’s are submitted to L&O; a recommendation is then forwarded to NPTEC to
either approve or disapprove. This L&O subcommittee would not give up jurisdiction. State and county
do have jurisdiction on some roads and highways.
Alene Powaukee – City issue - neighbor paid off home then is being charged for water and garbage; not
even in the city limits. Housing has paid millions for the sewer; house is on tribal property and not in
city limits. Probation officers – need to respect the rights of Indians; need to keep kids and parents
together; probation officer said that he is the one who can say who sees the children. Need cultural
sensitivity training for probation officers.
Rebecca Miles – City garbage issue – trying to get that resolved. City council is trying to tell the Tribe
what we can and can’t do; city council members are tribal members. Tribe is putting up 6 million for
waste water treatment. Need NPTEC to support them. When the solid waste area is not open, people
will dump on tribal land. Dog ordinance – there is an ordinance with the city to have dogs licensed.
Need to enhance in the code to have animals spayed and neutered; inhumane to see animals dumped
and dying; horses being mistreated; dog fights. If we are going to be responsible for an animal get it
fixed. Budget – prison board dollars are paid for warrants that pick up people for a small fine. There are
people who break the law. We need to strengthen the code in that area. Last year the prison board did
go down; that means we are paying less.
Ronnie Moses – Nephew was murdered and nothing was done. Fear of police and being shot. Need
help for loss of home during fire; aunt lost house.

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Justine Miles – oldest daughter picked up by Tribal Police for a $25 fine. She spent 5 days in jail before
going to court. One of our own officer’s who is a tribal member lectured her on being arrested at the
casino. We treat our own horribly. Hope that Chief of Police gets all these complaints. Tribal police
need to have compassion for our own people.
Jeanette Scott – Family member who was picked up over a $25.00 payment not made. Went to Nez
Perce and paid off fine but Nez Perce county wanted to still hold her for 5 days. Had to contact judge to
get paperwork; let her out at 1:00 am saying they have the paper work finally. Lewis County and Nez
Perce County do this. Response time – have police at house for a 911 call that was never made; tribal
police came into bedroom. Tribal police try to make an issue of neglect of grandchild because she is in
the living room sleeping. Why do we have people coming in to our homes when parents are doing what
they need to keep their children?
Marissa Rickman – Personal feelings regarding Vern Ellenwood and having courage to speak. Is this
another death that happened and nothing will be done about it? Is it going to happen again? Related
experience of running from police; by the time from going from the weigh station to flying J had 4 police
chasing and discussion with police after chase. It is your job to protect us.
Gloria Greene – Abandoned house issue – young kids are stopping by there. People using outdoors for
bathroom. Most are not homeless people; they have homes. Homeless shelter needs to be used for
real homeless; always told that we need regulations in place. Need to get rid of those abandoned
houses that are being used for flop houses. Child molester as neighbor. Afraid to let granddaughters go
outside to play. There is a lot of abuse of power in the Tribal Police.
Mary Tall Bull – Motion to consider license plate with Tribal logo by Fall General Council and the funding
from sales go toward an educational assistance fund or scholarship for Tribal members. 2nd Dave Holt.
Motion Carried
Discussion on motion
Shannon Jackson – for the motion.
Discussion continued for L & O Subcommittee
Dave Steffy – TERO – last winter worked for company at fish hatchery. TERO is not implemented at the
Dworshak fish hatchery but is at the Kooskia Fish hatchery. Why is there a difference between them?
Larry Greene – Because we are part owners in the Dworshak
Jackie McCormack – Related story with tribal police telling a young man that “he needs to man up”.
What are the benefits with having state and county jurisdiction on the reservation? Will they be there
when there is an emergency? Concern with involving FBI; rather than involve them need to handle all
matters within our own government.
Margaret McCormack – Who chooses when the FBI is called, what are the bases? We need to be there
for our tribal members. Right to a speedy trial is 5 years. How are we going to help other tribal
members so they don’t have to go through it?

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Tonia Garcia – FBI is called in on felonies. Many times the FBI does let the tribal court handle matters
but there are selective matters. For example on a rape case since they did not go through tribal they
could not go directly to federal. Some of it depends on the FBI agent. Jurisdiction over minors does not
have to go to the FBI.
Kerma Greene – In regards for accountability for our tribal court there needs to be improvement. Once
they get into the system it takes years for them to get out. Primarily because of repercussion of
probation violation; it costs a lot of money to put them in jail; so we extend their probation. That’s not
the answer. We all need to work at being good Nez Perce citizens. Need to work on process and
timeline within our courts. Our courts do not follow the timeline.
Sherri Greene – Called for tribal police for incident at house. The identification of a person who did the
crime was dropped at the scene; asked police what happened to the young man? What is the timeline
for things to happen?
Gabrielle Moses – Hurt to have to hear these things about our people. We do have post traumatic stress
over incidents because we do not trust them anymore. There are health concerns over use of
abandoned houses and places down by the creek where they have set up furniture. Concern about how
children were treated at school and non-sensitivity of cultural/native by the adults in the schools. Our
children quit school and have to go get a GED; TANF is a 5 year program and they fail our children to
even educate them to get their GED. When are our programs going to help our people? How do we
stop it?
Elliot Moffett – Who is the supervisor for the court judge and the Chief of Police? The issues that have
been brought forward over and over we did have a solution to amend our constitution. We need to
work together to solve the problems. We each have a role and responsibility. We need to have a
traditional law where we have an adversarial process for justice to happen here on the reservation.
Need oversight over law enforcement; that’s the job of the L&O subcommittee.
Loretta Isles – Concern for L&O; safety of school age children and use of media (texting and internet
use).
Solo Greene – City of Lapwai sanitation - will have a town hall meeting to discussion issues in June. It’s
for clarification on issues. Issue in schools – as a tribe we have to realize we can’t do it all on our own.
Going in with a bullying mentality is not the way to deal with issues. We need to work together; have to
quit the fighting and divisions; stop the animosity. We say we want to do the best for our people but we
need to just do it.
Patricia Gendreau – concern with white house; why weren’t all the adults picked up for contributing?
David Holt – Statement about image of law enforcement and personal. Want to protect children. Try to
impress a good image on children about law enforcement. Personal story about daughter who was
beaten by non-Indian. Post Traumatic Stress can be caused by situations with police officers.
Elaine Ellenwood – One of the many owners of the white house. Don’t mind it being torn down but the
problem is not going to be solved by tearing it down. The people who use that house will move to
another place and do the same things. Concern about jurisdiction because it is not trust land; does the

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Tribe have jurisdiction? These people have problems; you won’t cure the problem by tearing it down.
Need to look at the problem. We created the problem by wanting to create a homeless shelter.
Larry Greene – Appreciate all the words today. Heard many issues about law enforcement, judicial
system, supervisory, reorganization; TERO issues; CIB’s; they need to be taken care of and can start
working on them. Some things cannot change due to admin procedures but can take care of some
issues.
Tonia Garcia – During listening sessions some of the same issues were brought up. Need accountability
and will work toward that and reporting at the Fall General Council. Most local news papers do have
police blotters.
Motion Made by Nancy Wheeler to accept the report and excuse the panel; Seconded by John
Strombeck; Motion Carried.
Motion Made by Elliott Moffett to recess; Seconded by Meredith Moffett; Motion Carried.
Closing prayer by David Miles Jr. Recessed at 7:35 p.m.

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Nez Perce Tribe
General Council Draft Meeting Minutes
Saturday, May 8, 2010
Meeting called to order at 0915 by Chairman Carla Timentwa
26. Opening Prayer - Marilyn Bowen
27. Natural Resources Subcommittee – Brooklyn Baptiste, Chair
o Page 33-35 General Council Reports Book
o Introduction of the Subcommittee Members
o Purpose and Goal is to protect the resources (natural and culture)
o Fisheries resource management and Natural resource management are the main two areas under
the subcommittee; but also include cultural resources.
Topics/Issues:
• Big Horn Sheep – Salmon River drainage there is a big horn sheep population; domestic sheep
were introduced in that area which has caused a decline in population of big horn sheep. The
Payette NF maintains the allotments for grazing of big horn sheep. Have been meeting with
them to protect the big horn sheep. The State of Idaho passed a bill to create a buffer however
when the big horn runs into domestic sheep they will kill the big horn sheep.
• Buffalo – Question on why we do not have our own herd; the reality is the expense and time to
develop and maintain a buffalo population. The land capacity and food supply is one major
issue in maintaining a herd. Right now we do not have the infra-structure to maintain them.
Other Tribes who have created a herd are now selling them off due to the expense. The Tribe
did not agree with Ted Turner’s purchase of a buffalo herd. The Tribe is involved with bison
management throughout Montana and Wyoming; along with several other State and Federal
Agencies. The disease that buffalo carry around spread it through coming out of the National
Park, calving, and deposit of materials left on the ground get into the forage which the domestic
cattle eat and contract the disease. We are exercising our right to hunt and giving input to stop
slaughter of the animals. An important spiritual aspect of the slaughter of bison is not knowing
what one will be the one to give a white buffalo.
• Wolves – It’s a hot topic. Working with the US Fish and Wildlife Service in reintroduction of
wolves. The establishing of packs has been very good and contributes to a healthy ecosystem.
The politics of the State of Idaho is to protect the livelihood but we also want to protect the wolf
population. US Fish and Wildlife Service want to delist them and hand management over to the
state. We work with the State of Idaho to management the wolves; they want to be able to
hunt them to bring down the population. It’s not that we want to keep them from being hunted
but we only hunt for sustenance and not just to hunt to manage population. If the wolves
become dangerous we want to be sure there is a way to deal with them and not have them
become a game animal.
• Fisheries – The Nez Perce Tribe has sat as chair on CRITFC. Current members are; McCoy
Oatman, Chair and members Joel Moffett and Scotty Scott also attend the meetings. The NPT
has the largest area of fisheries in the US and Alaska. We have put more back into fisheries than
any other agency. We operate on the tactics of abundance; having salmon is a part of our
culture and way of life. It’s a cultural norm to not brag or talk about the good that we do but we

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need to make sure that it’s known how much the tribe contributes toward maintaining the
salmon.
United State Administration - The Obama Administration has made it possible to have Indian
leadership in DC which makes it easier to communicate and build on consultation efforts.
Decisions or policies that affect the Tribe at the Washington Office need input from the Tribes.
The current administration has made it possible to have more productive government-togovernment relations with agencies. When dealing with leaders of federal agencies who are not
Indian make it harder for them to understand our views and heritage in dealing with issues.
Climate Change - The Tribe is dealing with climate change and it is a huge issue. It will affect us
in many ways. We are working on an adaptive management of change. Hopefully by the next
General Council we will have a report prepared on climate change. It will affect the natural
resources; growth and death of plants, longer lives for insects and disease, lack of fresh water,
changes in seasons; etc.

28. Fish & Wildlife Commission – Herbert Jackson, Chair
o Pages 180-182 of the General Council Reports Book
o Introduction of members
o Provided ceremonial fish for activities, long houses, churches, and organizations.
o 40,000 Chinook have come over Lower Granite Dam; we are doing real good with our fisheries
o Meetings are 2nd and 4th Monday of every months; open to all Nez Perce
29. Utility Board – Chet Halfmoon and Gwen Carter
No members present
30. Land Enterprise Commission Subcommittee – Joanna Marek, Chair
o Page 28-30 General Council Reports Book
o Within the Cobell case the concern is for the land owners. Funds for purchasing the fractionated
lands are going to be given to the Tribes. Once the Tribes purchase that land they can terminate
Tribes easier. A lot of tribes do not have allotments and were terminated;
o Trespass – Utilities are still trespassing on trust lands. There are roads and utilities that are in
trespass and piggy-backing trespass where the allotment owners will lose out on funds. The BLM 51
land that was given to the Tribe was successfully put in trust. The family who is trespassing on lands
in Kamiah will not do anything. We still have some issues with the BIA lack of involvement in this
case.
o Leasing – Farmers who are farming on lands without a signed and approved lease are trespassing.
The BIA has a lot of vacancies which causes a backlog of lease permits that have been filed.
o 5% Rule - Need to get your wills done where ownership of less than 5% the land is taken by the
Federal Government and put back into Tribe ownership; it will affect the tribe. The policy is to post
in 5 places in the place of probate which is in Portland and in only one location in the local office;
which is the BIA office. There will be meetings held on how land owners can borrow funds to
purchase land from co-owners to put land in to one or fewer ownership. A non-Indian came
wanting to sell the land to the Tribe. Need to have a good appraisal due to the asking price of the
land. When asking fair market appraisal price the person made statements about how much money
is within the SRBA and other funds that are put in the newspaper.
Discussion

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Skip Williamson – Why can the state come in and take our land if we don’t want to sell it when it is
willed to us with the stipulation that we cannot sell it? Why can a non-Indian dam a creek so it won’t
flow down through the property.
Joanna Marek – Our tribal trust lands is federal trust land and the state is not supposed to be able to
come in and take the land. Water resources have been looking into the damming of the creek. We will
get back with you on that. We have until June 16 to respond to 5 CFR 831-841; regarding direct pay of
crop pay.
Vera Sonneck – Received a letter regarding Social Security; to fix the budget they are looking at
entitlements which will hit SS. Concern regarding open communication with the members of the Tribe;
Seniors and Elder. There are not very many NPTEC members who come to have lunch with the
Senior’s/Elder’s. You do need to speak and visit with them to have open communication. NPTEC is also
invited to the Circle of Elders. What are you doing about language? We used to have evening classes
and volunteered our time but have had to quit the classes. Those who grew up with the language know
that its learned from a very young age and even in the womb. If you don’t have a language you don’t
have a culture. Concern that Lewiston is inching their way over to the reservation; good to hear we are
looking at purchasing land.
Brooklyn Baptiste – We are working to be better at visiting with the elders. It’s more than just our
natural resources but us; agree it is important to spend time with elders.
Joanna Marek – When land owners want to sell to the Tribe they double and quadruple the price
because of funds that are advertised in the paper that the Tribe has.
Dennis Paul – Social Security; retired and started receiving checks; about a year into the retirement had
an issue with payments. When you start receiving SSI, be sure to stay on top of it with the local SSI
office in Lewiston. Related story of the ‘whereabouts unknown list’ listing Josephine Ramsey; checked
to see if that is his mother. Need to check it out because you might be a small percentage owner in an
allotment
Motion Made by Danae Wilson to go into executive session; Seconded by Eric Holt; Motion Carried
Into executive session at 10:45 am
Motion Made by Danae to come out of executive session; Seconded by John Strombeck; Motion Carried
Out of Executive Session at 11:26 am
Subcommittee Discussion Continued
Solo Greene – The Nez Perce Tribe FFA and 4-H; didn’t know that we even had that program. If we
provide land for FFA and 4-H; why not provide land for baseball? As a hunter and fisherman, there is a
Tribal member who does game processing but feel that we need to have a meat process shop here on
the Nez Perce Reservation; owned and operated by the Tribe. If people have meat that tribal members
are not able to pick up then we should buy the meat and distribute it. Need clarification on alliance of
authority when it comes to natural resources. With some of the things that have happened lately
between departments what lines of authority is suppose to be followed. As a tribal member and

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employee want clarification. We are a powerful people and we need to know who we are; be aware of
what is going on around us, outside the reservation.
Brooklyn Baptiste – We had a lot of tribal members come in to the 4-H program and they came into the
office and asked for assistance from the Tribe to help them with the program. Athletes who are tribal
members need to work with us and if they want to organize then have them come in and request
assistance.
Joanna Marek – Issue with land trade and purchase by the Forest Service. McCoy Oatman has been
looking into a meat and fish packing; but need find grants.
Motion Made by Mary Jane Souther to recess for lunch and bring the panel back; Second Mae Taylor;
Motion Carried.
Recess for lunch at 11:25 am
Meeting called back to order at 1:10 pm
31. Utilities Board – Loretta Halfmoon, Chair
o Page 187-188 General Council Report Book
o Board is all volunteer members and receives no payment for time.
o Realize that there are concerns over paying for water provided by the utilities and the garnishment
of half of the stimulus for delinquent payments. The funds go toward maintaining the water system
and for any upgrades.
o The water coming from the pipes in the agency area are part of an old system. When there are
problems with those pipes it’s hard to determine where the break is to fix it. We are looking at that
area but at this time it still remains an issue.
o Financial is listed in the General Council Book on Page 6.
Discussion Continued:
Darrell Wheeler – Comments – Letter in the Lewiston Tribune that stated tribal members are losing big
bucks on our own land. Are their funds that can certify tribal members to be outfitters and guides?
People who are certified outfitters received a payment whether a kill is made or not. This is going on
within our 1963 Treaty lands. Would like to see our NPTEC consider this. Did the Tribe consider buying
Flying B Ranch when it was up for sale?
Joanna Marek – The Tribe was there to bid on the Flying B Ranch and that’s why it was taken off of bid.
They did not want to sell to the Tribe.
Brooklyn Baptist – Good suggestion for outfitters and guides. We have some of the riches resources
within our area and they would like to have Indian guides.
Darrell Wheeler – We also have a rich resource in our horses as well.
Richard Marek – Talk of a meat cutting shop; in Hood River the 4 Tribes put together a fish cleaning
station; there is a lot of litigation going on with that. Going through turmoil between the Tribes.

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Problems with ownership; why can’t we use the fish processing area? We invested in our own
commercial vacuum sealer and take care of our own fish. We must push our sovereignty
Brooklyn Baptiste – the tribes entered in CRITFC where 4 tribes are involved. We are still looking at the
market for the best possible solution. Good quality fish with the highest amount of dollars.
Jackie Taylor – two questions – clarification on land acquisition; price is put up when the tribe wants to
buy it. Firmly suggest getting people out there who can assist; and tribal members who can go out to
buy land; would like to see land bought. There is land along the Clearwater River for sale. Resolution
for enrollment; granddaughter who is in school is not able to be enrolled. Would like to see us get going
on the enrollment issue. Don’t want anything changed; want blood quantum lowered and other tribal
blood considered.
Brooklyn Baptiste – Land acquisition committee is to use the SRBA funds that are going to become
available. We do have a legal office to deal with those who want to raise the price. Don’t remember
anyone saying anything about getting in trouble for purchase of land. It’s hard when there is public
meetings because we have to take into consideration all comments received; there is opposition. We
need to come up with some type of formula.
JackieTaylor – Would like to see a vote from all tribal members and not guess by comments.
Carla Timentwa – The constitution sets the blood quantum. To change that there would need to be an
amendment to change the constitution.
Pete Wilson – Have some land that was deeded by father; this land has wild game birds but do not have
access to the land because the farmer who has the farm lease has a gate across the access road. Don’t
have access to my own land. People who are leasing properties understand that a bill was passed
nationally stating that people who are leasing land cannot give funds directly to the land owner. 2 or 3
years ago trying to do things for the VFW post, received word that our fisheries enforcement had some
eagles; not able to get those eagles; did not get any answer on why the eagles were going to the ShoBan and was not able to get them to use for the VFW post. When you put in an application to get an
eagle it takes 3 or 5 years.
Joanne Marek – Non-access to land is a violation. You will need to bring it up with the superintendant of
BIA. There is a federal law that says we will have access to our land. Look into the lease agreement. For
direct pay, it has been stopped. Need to work with farmer to get pay advances. Letters were sent from
the BIA to the renters.
Herb Jackson – Will check on the status of the eagles and get back with you.
Jamie Five Crows – The eagles are still at the office and it would be good to release them to tribal
members.
OJ Waters – Utility Board – question on land inherited that has a well and do not pay for water and the
plan to expand on water lines from Spalding to Lapwai and around the area. Are you going to stop
people from using own wells?

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Loretta Halfmoon – at this time am unsure of the situation. If the line goes down into the park and in
Spalding it will encumber all the area and people will not be able to use wells.
Liz Attao – who sets the rate? Some are on water only and not sewer or garbage. At Sweetwater we
only receive water.
Loretta Halfmoon – The rate was set before and all residences have meters and are able to be charged
directly for the usage. Believe that the water here and in the Lewiston area is the same price.
Liz Attao – Had conversation with person from Culdesac and their rates are lower. There are people
who have hardships and not able to pay the bill and then are charged a late charge.
Loretta Halfmoon - there is no late charge from the Utility Board
Elizabeth Attao – Resolution
Whereas, the Nez Perce provides essential government services for tribal members, and
Whereas, the Nez Perce establish a Utility Board, to set rates and collect monies from tribal
members, who receive water from the Nez Perce Tribe water resources division, and
Whereas, the rates for the water usage are set at such a high rate that places an undue burden
on Tribal members, and household, and
Whereas, many communities and cities that are near or on the Nez Perce reservation set their
water use rates at just in set rates, and
Be it further resolved, the Utility Board should set Nez Perce water usage rates at $30 per month
so as not to place an undue burden on Tribal members and their households.
Motion Made by Elizabeth Attao to accept the Resolution as presented; Seconded by Joanne Arthur;
Motion Carried.
Discussion on motion:
Dave Holt – let’s be fair and across the board.
Gwen Carter – try to keep rates as low as it can.
Tonya Garcia – Understood that we are charging for the system and not the water. It is causing hardship
to people.
Betty Kinzer – In Orofino water bill runs high for just water and not garbage. How is this resolution
going to affect us in Orofino?
Elmer Crow – In Orofino we own the land that the water tower sits on. We asked that question to the
City of Orofino and to General Council.
Solo Greene – Agree that we need to take a look at where we’re at and what we’re doing. The city and
Tribe is working collaboratively on this system. Why isn’t the county paying in the way we have to pay in
and other areas outside of our town? Why is the tribe and city footing the bill? We don’t want to put
ourselves and the community in jeopardy; we serve the same people.

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Donna Whitman – At White Bird housing daughter has to pay over 180 a month for water and sewer.
The city wants the money now and we are told by the City of Lapwai that they want their payment or be
shut off. Where is our justice in our communities Lapwai, Orofino, and Kamiah?
Liz Attao – final comments in consideration with the resolution.
Joe Calfrobe – Inherited a house and it took a long time to get to probate; when it did then we were
given a bill for over $2,000 a month. And now we do not use it to live in but are told by the city that we
need to pay $66.00 a month for no service. In another town they charge those who go south for the
winter only $25.00 a month.
Discussion continued:
Lilly Kauffman – congratulate the utility board for volunteering. Need an emergency plan for when
water is off. Need to have access to Rapid River and obtain the land to make sure we do retain access to
the river. Kidder Ridge is being bombarded by non-Indians and is knocking down the fences. Have not
done follow up on land behind house to re-fence to get land back. Need to be aggressive to get land
back. BLM lands on the Nez Perce reservation; why is another federal government owning land on our
reservation and allowing miners to set up houses on that land?
Joanna Marek – also asked about why Idaho State owns land in our reservation. Fencing under BPA
contracting is done through fisheries. Can also look into fencing through leasing and the BIA.
Allen Slickpoo, Jr. – in 2003, Where are we at with economic development and utilizing lands. In 2004
directed BIA to bring all leases to the subcommittee to review; it’s been status quo for several years and
want to review them to make sure that our Tribe receive funds for current prices of lands. A lot of the
leases that come through were put out for bids. Land leasers who have had those leases for years want
to keep them low. Trespasses – lease ended on Kidder Ridge was told to move stock; how can NPTEC
take those horses and sell them but we don’t do that to non-Indian land owners. Concern regarding ban
alcohol at Rapid River; will tribal members be cited for using alcohol? If so, then it should be across the
board; root diggers, wood cutters, recreationist. Abundant amount of fish; talking about a commercial
season; when you go down to zone 6 you have to have training to which involves being able to take care
of the fish; according to HASUP training you have to car for the fish.
Herb Jackson – If you want the fish bled out you will need to come down and get it; personal expense to
go down and get the fish and take care of them. Use of alcohol on the river is too important; don’t want
to see our Nez Perce drinking on the river or anywhere.
Joanna Marek – we have been reviewing leases where the Tribe owns at least 51% and put them out to
bid to get the best price. It has raised the price because of the competition between farmers.
Trespasses on Kidder Ridge and outdated leases; it was a tribal member. It was a hard decision – the
horse owner took the ones they wanted and left 7 that were sold. The family was working with the land
enterprises cooperatively.
Brooklyn Baptiste - The 2003 draft land use plan has not passed yet but is using it right now. The Rapid
River alcohol use plan was due to incidents that were horrific; was put in place to protect our children
and other tribal members.

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Joanna Marek – Purchase of land along the Clearwater also include roots and other plants. When
talking about a 3rd party person; if we put them out there and they were found out what would happen
to them.
Pat Gendreau – Lived on property for 5 years and have had floods twice; history is once every 5 years.
The last flood was intense and called the tribe to look at place because there was FEMA money; yard
and spring was flooded; when county came out they only told her that yes it was flooded.
Joanna Marek – It is stated in the lease that everyone on the lease have to agree to have direct pay.
Have talked in length about the same issue. FEMA funds were used during the flash flood and do not
know how you were left out. We will be looking into the road that was put through the land; it is a
trespass.
Quincy Ellenwood – Hump Lake area concern with land owner who has built a large home and claims
ownership of the lake and everything in the lake. Pulling water from the Clearwater for Manns Lake; will
it create jobs? New water tower in Orofino; it is on tribal land near a housing area. We need an
emergency management plan to update our community buildings.
Brooklyn Baptiste – it’s our treaty right to access the land within our ceded territory. No matter what
size of home is built up there it does not take away our rights. It’s our interest to protect our fish rather
than water our lawns (Manns Lake issue). We do have an emergency management plan and we do need
to be more prepared and we do want input; for all types of emergencies. And the handicap access
Point of Privilege – Bessie Scott and Bernice Moffett
Nez Perce Leadership and Wellness
• Nez Perce leader’s men and women speak from the heart
• They are respectful and have good character
• Intelligent and healthy in mind, body and spirit
• Always they are ready
• To serve their Nez Perce People
We wanted to bring this up because this explains your spirit; want to have our leaders to follow this but
in order for our leaders follow this we need to follow it too. We hope that you will remember the
words.
Marissa Rickman – Against drinking at Rapid River; have had problems with drinkers. Drinking a few
beers is something I don’t think Indians can do. Last year was the first year it was beautiful down there.
One drinking Indian makes us all look bad. Land – need to purchase the land down there for access to
the river and to camp. Would like to see permanent bathroom and showers for our people to use. After
purchase of land want to have an area where fish can be cleaned.
Joanna Marek – we are looking at land to purchase down there. What has helped with the land is that
we have a strategic plan that is in place and have been blessed with an ED who works with her
departments to implement the strategic plan.

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John Strombeck – consider unit up in Orofino for a butcher shop. Can teach tanning hides, smoking
salmon. Would also like to see a meat locker there to help support our own. It’s not giving away tribal
traditions but showing the process. Some have donated their own money and time to the tribe; applaud
them for their time.
Jonathan Matthews – work for the CRITFC, and recognize those who have served. The people we are
dealing with in the 4 tribes are not always easy. Appreciate all the people who serve us to protect our
rights to fish and hunt. Thank you to all the panel members.
Marilyn Bowen – Drinking at Rapid River; it’s our traditional fishing grounds. Going down there to drink
is not a part of our culture. EMS issue for here in Lapwai; need at least a QRU. It takes time for an
ambulance to get out here from Lewiston.
Brooklyn Baptiste – have a good working relationship in EMS with Nez Perce County and with law
enforcement. We are building on that. Just got a surplus ambulance from Hanford, it’s not a matter of
if; it’s a matter of when. Then train our own people to take care of us.
Marie Arthur – Recommend a native foods bank for our people. Also to talk about our springs that are
being destroyed by our farmers. It’s important to our watershed and fisheries. Where is our tribe at
adopting water quality standards? Outfitting and guiding – don’t know why we need to ask the state for
permission.
Brooklyn Baptiste – good idea for a native food bank and to teach our children how to collect. Water
quality standards we are trying to get water quality standards passed. Protecting our springs is
important.
Alene Powakee – Thank you to Joanna on knowledge on land issues and helping family with
understanding those issues. Daughters inherited land and needed to understand land issues. Can our
tribe put in the paper processes for land issues? A lot of our younger kids don’t understand those
issues.
Aqua Greene – Can natural resources collaborate with our law enforcement to implement using those
kids to learn how to do work, fish and other cultural activities to work off their community service.
Herb Jackson – it was a program in the past but was not funded.
Paul Sherwood – Some of these issues was brought to the enterprise board; involves tourism. Five years
ago it was brought up already. We don’t want an explanation; we want something done about it.
Darlene Pinkham – 1. Would like to see on the blood quantum to have an answer at the next general
council; a deadline to decide how to get all our tribal members back on the rolls. The tribe is using a lot
of funding because of lack of enrolled members. 2. Roads concern for school buses picking up kids in
the country. In the winter the roads are bad and ask if the tribe can do anything to help with widening
the roads or improve them. Have to transport kids to main road? 3. Answer on the dumpster; why are
we paying for a dumpster? Where do we take our garbage?
Brooklyn Baptiste – Blood quantum resolution is in Human Resources. We hope to have it pushed
through before the next General Council. Roads for school bus; will talk with dept. of transportation.

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The dumpster issue does need to be resolved; it’s an issue between the Tribe and the City of Lapwai. If
we cannot come to an agreement then it will cost the Tribe a lot.
Delores Wheeler – tomorrow is mother’s day; there are mothers who pray for their children and
grandchildren. Need to continue to pray for them. Request that we singing My Mother’s Prayer.
Joe Calfrobe – Blood Quantum; each of us always complain about non-Indians who use Nimiipuu Health
and if we go any farther down the line then we are losing our tribe anyway. Wish our blood quantum
can be where it’s at but that’s how I feel. Lowering it any farther it will be tough to have blood around
anyway; against lowering the blood quantum.
Rebecca Miles – within the utilities data it shows that all the elders pay their water bills. The actual age
group that does not pay their bill is in the working age group. Hope that NPTEC will support the utility
board. If the elders are paying and the younger ones are refusing to pay because of treaty right.
Enrollment – NPTEC cannot change the enrollment blood quantum, it’s up to the General Council to
change it. It would have to be put to a vote of the General Council. CNS fisheries go; groups who
request fish; it’s for ceremonial and subsistence first. In other areas you see fish being sold. Lets hurry
and get CNS permits filled right away. Commercial fishermen are right there getting their fish.
Motion Made by Nancy Wheeler to accept and excuse the panel; Seconded by Richard Marek; Motion
Carried.
Discussion:
Brooklyn Baptist – thank you and appreciate the time we have up here and the comments and questions
we get. In the end we are all ok. In the sweathouse the men can pray for life but it’s only the women
who can give life. Happy Mother’s Day.
Sara Moffett – Request the Circle of Elders to sing My Mother’s Prayer.
Circle of Elders and members of churches on the reservation to sing song in dedication to all Mothers.
Carla Timentwa, General Council Chairman; Turn over chair to General Council Secretary Maple
Stuivenga during the counting of the ballots.
Prepare for counting of the ballots and introduction of Tellers and Sgt. at Arms.
Begin preparation for counting the ballots at 5:05 p.m.
Begin counting the ballots at 5:30 p.m.
Seat 1
Samuel Penney - 318
Robert Bisbee - 431
749 total votes
3 invalid
Seat 2
Joanna Marek - 476

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Carla Timentwa - 261
753 total votes
16 invalid
Seat 3 - Tie
Wilfred Scott - 374
Allen Slickpoo Jr. – 374
748 total votes
5 invalid votes
Chief Election Judge DelRae Kipp - according to the Nez Perce Tribe Election Ordinance Tribe a coin toss
will be conducted to determine a winner.
Wilfred Scott – Appreciate the vote that happened. Have set through several General Councils; 5 years
ago I stepped down and decided that I would not run. On behalf of the 374 who voted for me, I
apologize; I am a warrior and I hereby concede the position to my nephew Allen P. Slickpoo Jr.
Motion Made by Mae Taylor to adjourn; Seconded by Alene Powakee; Motion Carried.
Closing Prayer - Bessie Scott
32. Retire the colors – Lapwai VFW Post and all Veteran’s
Flag Song – Lightning Creek Drum

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Special Election of the Nez Perce Tribal Executive Committee.
o Carla Timentwa, General Council Chairman, called meeting to order and turned meeting over to
Judge White.
o Swearing in Judge White – Oath of Office for elected members – Allen P. Slickpoo Jr.; Joanna Marek,
and Roberta Bisbee.
Elections of NPTEC Officers:
Carla Timentwa opens nominations for position of NPTEC Chairman
Julia Davis-Wheeler nominates Joel Moffett; Joel Moffett accepts
Joanna Marek nominates McCoy Oatman; McCoy Oatman accepts
Larry Greene nominates Brooklyn Baptiste; Brooklyn Baptiste accepts
Motion made by Larry Green that nominations cease; Seconded by Julia Davis-Wheeler, Motion
Carried
Results:
Joel Moffett – 3
McCoy Oatman – 4
Brooklyn Baptiste – 2
Motion Made by Larry Greene to accept McCoy Oatman as Chairman; Seconded by Joanna Marek;
Motion Carried
Carla Timentwa, General Council Chairman, turn over meeting to Chairman McCoy Oatman.
Chairman McCoy Oatmant opens nominations for Vice Chairman
Tonia Garcia nominates Brooklyn Baptiste; Brooklyn Baptiste accepts
Joanna Marek nominates Joel Moffett; Joel Moffett declines
Motion Made by Larry Greene to accept Brooklyn Baptiste by acclimation; Seconded by Tonia Garcia;
Motion Carried
Chairman McCoy Oatman opens nomination for Secretary
Tonia Garcia nominates Joanna Marek; Joanna Marek declines
Larry Greene nominates Roberta Bisbee; Roberta Bisbee declines
Joel Moffett nominates Allen P. Slickpoo Jr.; Allen P. Slickpoo Jr. accepts
Motion Made by Julia Davis-Wheeler accept Allen by acclimation; Seconded by Larry Green; Motion
Carried
Chairman McCoy Oatman opens nomination for Treasurer
Joanna Marek nominates Joel Moffett; Joel Moffett accepts
Tonia Garcia nominates Roberta Bisbee; Roberta Bisbee declines

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Motion Made by Joanna Marek to accept Joel Moffett by acclimation; Seconded by Allen P. Slickpoo Jr.;
Motion Carried
Chairman McCoy Oatman opens nomination for Assistant Secretary Treasurer
Joel Moffett nominates Roberta Bisbee; Roberta Bisbee accepts
Tonia Garcia nominates Joanna Marek; Joanna Marek declines
Motion Made by Larry Greene to accept Roberta Bisbee by acclimation; Seconded by Brooklyn Baptiste;
Motion Carried
Chairman McCoy Oatman opens nomination for Chaplain
Brooklyn Baptiste nominates Larry Greene; Larry Greene accepts
Joel Moffett nominates Julia Davis-Wheeler; Julia Davis-Wheeler accepts
Motion Made by Allen P. Slickpoo Jr to cease nominations; Seconded by Joanna Marek
Results:
Larry Green – 5
Julia Davis-Wheeler - 4
Motion Made by Julia Davis-Wheeler to accept Larry Greene as Chaplain; Seconded by Brooklyn
Baptiste; Motion Carried

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Anez_perce%3Aa5d1bc1366e6ffce. Public record. Not legal advice.