Pyramid Lake Paiute Tribal Council (2020)

Pyramid Lake Paiute Tribal Council

Post Officé Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

PYRAMID LAKE PAIUTE TRIBAL COUNCIL

WATER TEAM MEETING MINUTES

Tribal Chambers

March 18, 2020

Members Present

Anthony Sampson Sr., Tribal Chairman Sherry Ely-Mendes, Vice Chairwoman

Janet Davis, Councilmember William Miller, Councilmember

Judith Davis, Councilmember Irwin Mix, Councilmember

Cassandra Darrough, Councilmember Michele Smith, Councilmember

Carolyn Harry, Councilmember Georgina Wadsworth, Councilmember

Chairman Sampson Sr., called the March 18, 2020 Water Team meeting of the Pyramid Lake Paiute

Tribal Council to order at 5:59 p.m.

ROLL CALL

Roll call was taken by Brenda A. Henry, Tribal Secretary. Councilmember Smith arrived at 6:02

p.m. and Councilmember Darrough arrived at 6:06 p.m. All other Tribal Councilmembers were

present at roll call and a quorum was established for this meeting.

APPROVAL OF AGENDA

Chairman Sampson Sr., requested an addition under New Business #1. Approval/discussion

COVID-19 and the removal of the Presentation #1. Truckee Canal Extraordinary Maintenance EIA.

Terry Edwards, Bureau of Reclamation (BOR).

Vice Chairwoman Ely-Mendes made a motion to approve the agenda with changes. Councilmember

Judith Davis seconded the motion. Votes were seven (7) for and zero (0) opposed with zero (0)

abstentions. Motion carried.

CONSENT AGENDA

Following items were approved on the consent agenda:

1. Approval of Minutes: February 19, 2020 WTM

2. Approval Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP January 2020 Invoice

3. Approval Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP Tribal Attorney Contract with

Resolution

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March 18, 2020 WIM

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Councilmember Harry made a motion to approve the consent agenda. Vice Chairwoman Ely-

Mendes seconded the motion. Votes were seven (7) for and zero (0) opposed with zero (0)

abstentions. Motion carried. RESOLUTION NO.: PL 037-20 WOLF, RIFKIN, SHAPIRO,

SCHULMAN & RABKIN LLP TRIBAL ATTORNEY CONTRACT

Councilmember Smith arrived at 6:02 p.m.

NEW BUSINESS

1. Approval /discussion COVID-19.

Councilmember Darrough arrived at 6:06 p.m.

Chairman Sampson Sr., has been working with the Executive Team regarding the COVID-19

closures and they’ve come up with two plans to protect the integrity of the Tribe and membership.

In the plan they identified essential and non-essential departments. Following is a short

description of department status: finance department will require all paperwork to be submitted

electronically, enrollment will limit contact, judicial will be using video teleconferencing, transit

will stop bus routes, museum will close to outside visitors, health clinic will be prescreening with

limited access, maintenance will be doing extra cleaning in public areas, cultural program

cancelled their classes, day care facilities closed for cleaning and renovations, Numaga cancelled

congregate meals and will continue providing home meal deliveries, camping permits considering

closing the 3 day permits but continue with boating and fishing, Sumunumu has cancelled

community classes, Victim Services cancelled community classes, all Nevada State schools have

closed until April 6" per Governor's declaration and high risk individuals are encouraged to stay

home. Public Utilities Department (PUD) and Human Resources (HR) will continue as essential

departments, cancelling all committee and board meetings until further notice, Lake Maintenance

dependent on Council’s decision, JOM closing, Realty department will be limited contact with a

drop box for payments, and Enterprise stores will remain open with constant cleaning and

stocking for membership. In case Council wanted to entirely shut-down, they identified essential

and non-essential employees. Essential departments: EMS/fire, Police department, Health Clinic,

Victim Services, Social Services department, Tribal Enterprises, Numaga Senior Center (deliveries

and drivers), Facilities Maintenance, Technology, Security Personnel at S Bar S and Executive

Team (ET). Non-Essential departments: Natural Resources department, TERO, Enrollment,

Museum, Parks & Recreation, THPO, Judicial Services, Roads Maintenance, Transportation

Planning/Transit, Child Care, Higher Education, JOM, Cultural Languages, Tribal Land Manager,

Lake Maintenance, Realty department, Contracts & Grants, and Boards and Committees.

There are two options for Council to consider: 1) remain open with services deemed essential or

2) keeping essentials on and place others on administrative leave.

For the first 14-days, it would be administrative leave, then the law that was passed that would

allow the Tribe to be reimbursed for lost revenue would kick in. Douglas Williams, Executive

Officer explained the federal government passed the Family First Coronavirus Response Act that

day, a bill that will reimburse and assist with the coronavirus. There is a 14-day sick leave relief in

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March 18, 2020 WIM

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the bill, the first 10-days are unpaid leave but they identified if Council initiated administrative

leave for the first 10-days they’d be able to supplement those days. After that period, 14-day

would kick in and be reimbursable from the federal government. Option 2- The non-employees

would be off for a 24-day period ending April 215. They would track it and 14 days would be

reimbursed. The first 10-days is already in the budget.

Councilmember Mix asked if they sat down with each department and reviewed their priorities.

Chairman Sampson Sr., said they were going to meet with the “team”, consisting of the Executive

Team, Vice Chairwoman, EMS and Health Clinic to initially review to make sure they had

everything in line. After tonight they will be meeting with the directors. Vice Chairwoman Ely-

Mendes said they did have discussions with some directors informally in the director’s meeting.

The essential staff have made their plans and put them into place. With the Transit department,

they had concerns with the driver’s who have young children in their families, and they had

discussions with their funding agency, and stated they will support the Tribe. The ET needs to

have discussions with each department and have them call their funding agencies to see what they

will support. Tribal Council needs to decide now from this point forward to minimize the Tribe’s

risk and still provide services, it’ll cost the Tribe funds but it’s safety first, they have to make

decisions on logical decisions. They provided information to directors on how to go on-line and

apply for unemployment because they don’t know how long this is going to go on.

Lesley Hawley, Human Resources director, explained the difference between administrative leave

and furlough. Administrative leave is when employees are on leave at home with pay and furlough

is without pay.

Mr. Williams said if they decide on administrative leave for non-essential, the first 10-days is

already budgeted. The 14-days after that they will track for reimbursement.

Councilmember Judith Davis said if they shut down the lake, she said they should shut it down

completely and not in pieces. There are departments who deserve credit for taking the initiative

by putting in place, without directive, restrictions before any direction was given.

Ms. Hawley, HR director, explained the difference between non-essential employees during the

furlough back in December and furloughed employees now. (audio too low to understand further

description)

Mr. Williams stated within the law, if anyone or their family has the coronavirus they can get up to

3-months paid sick leave.

Councilmember Darrough stated there are currently 45 cases in Nevada, two confirmed in Washoe

County, no presumptive cases, no tribal cases but it’s growing. Need to provide factual information

to members, that’s what they want and are looking for.

Councilmember Judith Davis wished communication was better since they met the previous

Tuesday and nobody has heard anything except for the informal department meeting until this

meeting. The bottom line here, is it’s not a vacation but members need to shelter in place.

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Vice Chairwoman Ely-Mendes recommended they do the administrative leave for non-essential

employees for the 10-day period, during this period they also let them know they may want to go

on-line to check out services and start applying because this can go longer and we won't be able to

pay beyond that point. They will have to use sick/annual leave and if they don’t have it they will

have to make choices. So, while they are at home they should be planning for themselves. Essential

employees, if they have issues they can decide on their own on what they want to do at that point.

This is an individual choice. With the lake we can reasonably close camping since there is not

many people out there now. We can close the public road now.

Chairman Sampson Sr., stepped out and Vice Chairwoman Ely-Mendes took control of the meeting.

Ms. Hawley stated the information submitted was taken directly from the information passed by

the Senate. This allows for an emergency sick leave of 14-days or 80 hours or sub-rated for parttime employees, to shelter-in-place, it’s expands the family medical leave.

Councilmember Harry made a motion to approve amendment to Section 10 for Leave as submitted.

Councilmember Judith Davis seconded the motion. Votes were eight (8) for and zero (0) opposed

with zero (0) abstentions. Motion carried.

Councilmember Harry made a motion to approve Section 16. Telecommuting Policy for Use with

Resolution. Councilmember Judith Davis seconded the motion. Votes were seven (7) for and zero

(0) opposed with one (1) abstention (Wadsworth). Motion carried.

Councilmember Judith Davis said Court Services were listed as non-essential, does that mean full

court closure. Mr. Williams said the administrators will be working and they are working on video

conferencing, they are still providing services but limiting contact on a case by case basis.

Councilmember Judith Davis said within the Law & Order Code there are timelines for individuals

in the court system and this department should be moved to essential. Vice Chairwoman Ely-

Mendes said the Judicial department needs to be moved to essential.

Councilmember Smith asked if there was a hiring freeze. Ms. Hawley said they already instituted

and are looking at essential positions.

Chairwoman Ely-Mendes also identified Contract & Grants as essential due to grants. Mr. Williams

said Pamela Wright and Jill Mix can take over those duties and do the drawdowns and write the

grants. It was decided to move the position to essential.

Chairman Sampson Sr., confirmed that Boards are essential but Committees will remain nonessential.

Councilmember Harry made a motion to initiate administrative leave for listed non-essential as

amended (moving Judicial, Contracts & Grants and Boards to essential) employees for up to 24 days

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and reassess after 20 days effective Friday, March 20, 2020 at 4:30 p.m. until April 23"4

Councilmember Smith seconded the motion. Votes were eight (8) for and zero (0) opposed with

zero (0) abstentions. Motion carried.

Councilmember Judith Davis requested the Human Resources department be involved in all

meetings with the Executive Team regarding Coronavirus.

Chairman Sampson Sr., returned to his seat at 7:45 p.m.

NATURAL RESOURCES DEPARTMENT. Donna Noel, Director, Natural Resources (NR) Department

1. Approval Project WE Workshop in Wadsworth. Robyn Mercer, Wetland and Water Quality

Technician

Ms. Mercer is requesting permission for Project WET to hold their training here on Sunday, May 3,

2020 at the Wadsworth Community Building. Project WET is a non-profit organization that

specializes in water education. These are free trainings offered specifically for teachers to give

them the resources and tools they need for water education in their classrooms. Attendees will

also receive “Continuing Education Credits” which they need to fulfill each year. Training will

include presentations, tours and speakers. They have partnered with Project WET in the past and

at that time took a tour of Numana Wetlands. For this training they have a tour planned for Marble

Bluff Dam and was asked if the Tribe can host this year. They will present about the Tribe’s water

problems and issues we face on the Reservation, along with doing another tour of a wetland to

explain their functions and importance on our land. She will send an invite to both Natchez School

and Pyramid Lake High School teachers. This request was approved by the Inter-Disciplinary

Team (IDT) and recommended for approval by Tribal Council.

Councilmember Harry made a motion to approve the request for the Project WET Workshop in

Wadsworth contingent on COVID-19. Vice Chairwoman Ely-Mendes seconded the motion. Votes

were nine (9) for and zero (0) opposed with zero (0) abstentions. Motion carried.

2. Approval for Donna Noel, Natural Resources (NR) Director, to be on the Bureau of Land

Management (BLM) Geothermal Project as a Cooperative Agency and to give BLM Nonproprietary Geothermal Information.

Ms. Noel requested approval to be a part of the BLM Geothermal Project as a Cooperative Agency

on behalf of the Tribe. This is in regards to BLM’s consultation on the San Emidio IT Development

Project. She’s wants to capture the Tribe’s concerns in the Environmental Assessment and provide

answers to the concerns raised. Concerns center around the development impacting the

geothermal reservoir that’s’ on tribal land. Being a cooperative agency on this project gives the

Tribe the ability to see reports before they are released to the public.

Vice Chairwoman Ely-Mendes made a motion to approve Donna Noel, NR Director, to be on the BLM

Geothermal Project as a Cooperative Agency. Councilmember Judith Davis seconded the motion.

Votes were nine (9) for and zero (0) oppose with zero (0) abstentions. Motion carried.

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Ms. Noel presented a letter from BLM requesting permission to provide information on the Tribe’s

geothermal resources, this will aid them in addressing the Tribe’s concerns in the Environmental

Assessment.

Vice Chairwoman Ely-Mendes made a motion for approval to provide BLM Non-proprietary

Geothermal Information at Natural Resource Department’s Discretion. Councilmember Darrough

seconded the motion. Votes were eight (8) for and one (1) opposed (Mix) with zero (0)

abstentions. Motion carried.

3. Approval Renewal of BIA 1-year Extension of the Temporary Grazing Permit with

Resolution.

Ms. Noel presented the 1-year renewal extension for the temporary grazing permit. BIA will

extend the existing permit for another year. The Range Program is currently out completing range

assessments hoping to completed by September. The data will be given to BIA and they will issue a

new permit after reviewing the health of the range. Councilmember Judith Davis confirmed this is

when they will comeback with the AUMs.

Councilmember Harry made a motion to approve the BIA 1-year Extension of the Temporary

Grazing Permit Resolution. Councilmember Smith seconded the motion. Votes were nine (9) for

and zero (0) opposed with zero (0) abstentions. Motion carried. RESOLUTION NO.: PL 040-

20 BIA GRAZING PERMIT 1 YEAR EXTENSION

4, Approval Reno Sparks Indian Colony Mobile Tour to Pyramid Lake.

Ms. Noel said this event was cancelled.

5. Approval Truckee River Tour with Nevada Water Resources Association.

Ms. Noel said this event was cancelled.

6. Approval U.S. Geological Survey (USGS) Sage Grouse Surveys.

Ms. Noel said USGS wants to continue their Sage Grouse monitoring on the Virginia Range, most of

the land the Sage Grouse is on is not on the reservation, but every now and then the birds come

over. When they do, they call Natural Resources for an escort to go with them. They provide their

data to the NR department for their data base. They’ve been conducting monitoring since the Tule

Fire and will monitor from March through August 2020. This item went through IDT with

recommendation to present to Tribal Council. IDT recommendations to stay on established roads,

provide data to NR Department, remind group unlawful to remove any items from the reservation

and provide notification to the department when they have planning on coming out for

notification to Pyramid Lake Police and Ranger departments.

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Vice Chairwoman Ely-Mendes made a motion to approve the request from the U.S. Geological

Survey Sage Grouse Survey on the Virginia Range. Councilmember Judith Davis seconded the

motion. Votes were eight (8) for and zero (0) opposed with one (1) abstention (Janet Davis).

Motion carried.

Karen Shaw, Pyramid Lake Cattleman’s Association, commented they have an agreement with

BLM on White Hills and Hardscrabble, and they have tribal members who want to put their cattle

on those ranges. She spoke with Mat Spaulding, BLM, and he needs an email from the Chairman

saying it’s approved now that the Tribe has the extension. They are opening Hardscrabble this

year. Chairman said he was waiting on an AUM count on the ranges from BLM.

WATER TEAM REPORT

Chris Mixson, Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP. Report submitted

Endangered Species Act (ESA) Section 7 Consultation. Mr. Mixson said this is where the Bureau

of Reclamations (BOR) has reinitiated Endangered Species Action Consultation with the US Fish &

Wildlife Service (USFWS) over ongoing operations under the OCAP which cover diversions from

the Truckee River into the Truckee Canal. On January 9*, the Water Team submitted comments to

BOR on the draft Biological Assessment, on February 3", BOR submitted their final Biological

Assessment to USFWS, this was the trigger for the formal consultation. Now USFWS prepares the

Biological Opinion. This is an ongoing project, taking a fresh look at BOR’s diverting water out of

the Truckee River into the Truckee Canal to see how it’s impacting the fish. The Biological Opinion

should include an Incidental Take Statement, under the ESA you’re not allowed to take listed

species (killing them) but you can get an Incidental Take Statement, during your project that says

there’s an incidental killing of a listed fish you'll not be in violation of the ESA if they meet all the

terms and conditions, mitigation measures, etc. Usually there will be a number attached stating

the amount that could be killed within a year. Here they can’t put a number of Cui-ui and Lahontan

Cutthroat Trout (LCT) they might take. This is the part they'll be working with USFWS on how

they will quantify the amount of take of the listed fish that can occur because of diversion of

Truckee River water. It will probably be tied to habitat loss and Pyramid Lake elevation. BOR

recently started taking the legal position that they don’t need an Incidental Take Statement for

operating the Truckee Canal. He will be working with the solicitor at USFWS to figure out why

BOR is taking the legal position and hopefully USFWS will push back. BOR is changing their tune,

up until now they’ve always said they would need an Incidental Take Statement but under Trump,

the Secretary of Interior’s position with the new regulations for the ESA, BOR says they don’t need

an Incidental Take Statement.

Councilmember Judith Davis asked about BOR’s Truckee River presentation, which that they were

supposed to have that night, does a part of the Environmental Impact Statements scheduled

comments from March 6t-April 20%, is this the same topic? Mr. Mixson said it is separate from the

ESA, what BOR was presenting was the EIS for repairs to the Truckee Canal XM (extraordinary

maintenance). Speaking with Stetson they will ask for the comment period to be extended because

of the shut downs with Coronavirus. Don’t think they’ll agree to it but they want to get it down on

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March 18, 2020 WIM

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record that it’s unreasonable to expect anyone to get comments in under these conditions. They

will have comments ready just in case they don’t extend the comment period.

TROA, Newlands Project Water. He last updated Council on this topic in January, regarding the

Newlands Project Water where BOR holds the Truckee Canal Irrigation Districts (TCID) water in

the reservoirs on the Truckee side. If TCID doesn’t need the water to be diverted into the Truckee

Canal, it converts to Fish Credit Water and the Tribe gets the water. Historically, if the water was

available to TCID to divert they would take everything and sometimes they would fill up Lahontan,

then if there’s a late storm on the Carson Basin it would spill out of Lahontan. The idea with

Newlands Project Credit water is they would hold it back on the Truckee side, see how the

hydrologic year holds up and if they decide to keep it, TCID gets it, if not, the Tribe gets it. They are

currently building a fish screen on the Truckee Canal to keep fish from going into the canal, and

had to shut down diversions in the Truckee Canal in January-March. While they shut down the

diversions they wanted to store the water in the Truckee basins as Newlands Project Credit water

but the Water Team said they can’t do that. The purpose of Newlands Project Credit water is to

store it to see if its needed later but since the canal is diverting water and they store it, the canals

prevent the water from going to Pyramid Lake and if you prevent that from happening that would

be contrary to TROA and the Settlement Act. The Chairman sent them a letter telling them they

can’t store Newlands Project Credit water at the same time they’re doing the fish screen

construction. Once the letter was sent BOR changed their mind and agreed with the Tribe.

Swan Lake Lemmon Valley. This is the pipeline from Swan Lake through Hungry Valley. Tribal

Council agreed Washoe County could only begin studying what the potential impacts might be to

Pyramid Lake if they do the project. The Tribe did not agree to “the project”, they just agreed a

study can be done for the project and they were to bring back their findings to the Tribe. They

then bypassed the Tribe and file a water rights application with the State Engineer to get a water

rights permit to do the project and the Tribe filed a protest. The Tribe said they needed to first do

studies which the Tribe agreed to so why are they filing a water application. In their application

they said the water in Swan Lake contained both flood water and treated effluent, but they would

only pipe the flood water but the question was asked “how can they do that when it’s mixed”.

Since it takes a lot of time and effort when water applications are protested, the State Engineer

stopped the application and placed it back on the requestor to work it out with both parties.

Washoe County can’t do anything without the Tribe’s approval.

Federal Lands Legislation. Washoe County asked the Tribe to provide written comments so they

sent them high level comments basically asking for land for the Tribe and will provide a proposal

to Council in the future. The federal land within the disposal boundary is eligible to be nominated

to be disposed of, which means the federal government sells it to developers. It has to be

appraised and they pay fair market value for it and included in the legislation of these lands bill is

what do they do with the money when they sell these lands. One of the Tribe’s comments was you

better put some of that money toward the Lower Truckee River restoration activities and water

conservation. Another comment was the Tribe wanted to see the text of the bill, what exactly is the

lands bill going to do but they haven't shared any information yet. Councilmember Mix asked if the

developer was going to change the zoning laws. Mr. Mixson said part of the lands bill was that it’s

automatically zoned for housing. It’s the county that nominates the land to be sold to the

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developer, so it’s the city, county and developer working together to pick the spots they want. One

of the changes in this lands bill from last time around is the disposal boundaries in the entire

south west reservation boundary. This time they carved out an area titled environmentally

sensitive lands. This was another question the Tribe had since there is no federally definition for

environmentally sensitive lands. He’s told there is a bunch of culturally sensitive sites in the area,

Chairman Sampson Sr., interrupted saying they've been having a hard time getting the information

from BLM then they took it off the table. Councilmember Harry asked how do we go about getting

the lands transferred. Mr. Mixson said if it’s part of the lands bill it could be a provision in the

legislation that it’s automatically transferred to the Tribe. Not sure if it’s going to go anywhere,

currently all the environmentalist are against it. There’re problems with the bill as it currently is.

San Emidio Geothermal Project. The Tribe provided scoping comments to BLM on the project,

copies attached for Council. BLM will have to do NEPA if they’re going to approve this project for

ORMAT. They can do an environmental assessment which is a lesser review than a full EIS. The

Tribes comments are they will have to do a full EIS because of the potential impacts on the Tribes

resources. Donna Noel, Natural Resources Director will be on the cooperating agency for this

project.

Federal Reserve Groundwater Rights. This will be in Executive Session.

Allan Richards, Stetson Engineers Inc. Report submitted.

EXECUTIVE SESSION

Vice Chairwoman Ely-Mendes made a motion to move into Executive Session. Councilmember Janet

Davis seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0)

abstentions. Motion carried. Tribal Council moved into Executive Session at 8:20 p.m.

Councilmember Janet Davis made a motion to move out of Executive Session. Vice Chairwoman Ely-

Mendes seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0)

abstentions. Motion carried. Tribal Council moved out of Executive Session at 8:33 p.m.

ADJOURNMENT

With no further business before the Tribal Council, Vice Chairwoman Ely-Mendes made a motion

to adjourn the meeting. The motion was seconded by Councilmember Smith. Votes taken were all

in favor, motion carried.

The meeting adjourned at 8:33 p.m.

Sub

enundul

Brenda A. Henry

Tribal Secretary

CERTIFICATION

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The foregoing minutes were adopted by the Pyramid Lake Tribal Council, governing body of the

Pyramid Lake Paiute Tribe, at a meeting duly held on the 16 day of June 2020, having seven (7)

members present, constituting a quorum, by the vote of six (6) ) FOR and zero (0) OPPOSED with

zero (0) ABSTENTIONS. A :

Minutes attested and concurred by:

Anthony Sampson Sr, Tribal Chairman

Pyramid Lake Paiute Tribal Council

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