Pyramid Lake Paiute Tribal Council (2023)

Pyramid Lake Paiute Tribal Council

Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

REGULAR MEETING MINUTES

Tribal Chambers ~ Nixon, NV

December 1, 2023

Members Present:

Steven Wadsworth, Vice Chairman

Harriet Brady, Councilmember Judith Davis, Councilmember

Nathan Dunn, Councilmember Edward Ely III, Councilmember

John Guerrero, Councilmember Della John, Councilmember

Genevieve John, Councilmember

Members Absent: James Phoenix, Tribal Chairman, Natalia Gonzales, Councilmember

Note: This meeting was in-person but zoom conferencing was an option for presenters and audience.

CALL TO ORDER

Vice Chairman Wadsworth called the December 1, 2023, Regular Tribal Council meeting of the Pyramid Lake

Paiute Tribal Council to order at 6:00 p.m.

ROLL CALL

Roll call was taken by Brenda A. Henry, Tribal Council Secretary. Tribal Chairman Phoenix and

Councilmember Gonzales were absent. All other Councilmembers were present at roll call and a quorum was

established for this meeting.

APPROVAL OF AGENDA

Vice Chairman Wadsworth read the agenda.

Councilmember Guerrero requested an Executive Session regarding Personnel to be added at the end of the

agenda.

Councilmember Brady motioned to approve the agenda with the addition of the two items requested.

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

abstention (Gonzales). MOTION PASSED

PUBLIC COMMENT

Pyramid Lake Paiute Tribal Council

December 1, 2023, Regular Tribal Council minutes

John Guerrero, Councilmember. John Guerrero informed Tribal Council he placed his name on the ballot

for the COC position as a producer with USDA’s Farm Service. He termed out last year after serving 15 years

and a couple months ago decided to put his name back in.

Ron Guerrero, Tribal Member. Mr. Guerrero said regarding open cases, he has a document and paperwork

that states, Tribal Council has discussed open cases which is included in his paperwork. The Social Services

and Tribal Court listed on the agenda under the public comment notation states it can’t be talked about,

correct? Vice Chairman Wadsworth stated it means during public comment you cannot discuss open cases

related to Social Services or the Tribal Court. Mr. Guerrero said Council does discuss it, and he has it in his

documents which he was denied presenting to Tribal Council. Chairman Phoenix would not let him on the

agenda and the Law & Order Committee won't allow him on their agenda. Chairman Phoenix handpicked the

Tribal Court Administrator to be the Chairperson on the committee, it wasn’t done by in-house votes where

the committee would vote on it. The Chairman put her (Tribal Court Administrator) in charge. He would like

Council to take into consideration because there are going to be more issue coming up with that committee.

He has a complaint about one of the members. That was in his packet that he wanted to present and explain

to Council, but he can’t because he was denied getting on the Law & Order Committee agenda and he was

denied due process by the Chairman from getting on the Council agenda. He doesn’t know where to go and

wants to know if they are going to do something about the Chairman. He would like an investigation on the

Chairman also because they are violating his rights and denying his due process. He hopes Council take this

seriously because they are the ones who picked the Law & Order Committee, and they are a liability and so

is Council. He hopes Council makes the right decision because there will be more complaints coming.

Sherry Ely-Mendes, Tribal Member. Ms. Ely-Mendes wanted to share with Council how saddened she was

when she came to the polling booth last Saturday, she came to see what was going on because she forgot it

was election day because she doesn’t get to vote because she doesn’t live on the reservation any longer and

was not allowed to vote. It made her feel bad because she voted for many years when she lived on the

reservation and was qualified to vote. With that being said, she wanted to make sure Council does not forget

to follow through with the Secretarial Election that may or may not give members who don’t live on the

reservation, the ability to vote for the people that are taking care of the communities.

CONSENT AGENDA

Following items were on the Consent Agenda:

Approval of Minutes: September 15, 2023, Special

Approval 2023-24 ITCN Dues

Approval Silver State Government Relations Invoice #1357

Approval Stetson Engineers Inc October 2023 Invoice #1336-01-2310 & 1336-2310

Approval Enrollment two (2) Applications - Regular Membership with Resolution

(ADD) Approval Wes Williams 2024 Tribal General Counsel Attorney Contract

DAU PWN PE

Councilmember Guerrero motioned to approve the consent agenda with changes submitted by Councilmember

Brady. Councilmember Dunn seconded the motion, but asked about the RFPs for legal and is not sure where

Chairman Phoenix is on that issue. Vice Chairman Wadsworth said it has been discussed at the Council level,

but he thought it was specifically for the Tribe’s other lawyer. Councilmember Dunn said this was because

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Pyramid Lake Paiute Tribal Council

December 1, 2023, Regular Tribal Council minutes

there was an item that came before Council which was reviewed by Wes Williams, and it was concerning. He

just wanted to make sure they were still moving forward with it.

Votes were seven (7) for and zero (0) opposed with zero (0) abstention. MOTION PASSED. RESOLUTION

NO.: PL 126-23 ENROLLMENT -REGULAR MEMBERSHIP (2)

Vice Chairman read the names of the new Pyramid Lake Tribal members: Scarlett Larae Quintero, and

Emanuel Walter Washington.

Vice Chairman Wadsworth asked what the Tribe’s total enrollment number was to date. Joanne Shaw,

Enrollment Officer said the tribal enrollment is now 3004.

UNFINISHED BUSINESS

1. Request for Approval to take Panoramic Photos of Pyramid Lake. Peter Goin, Art Professor, UNR

Mr. Goin was not present or on zoom.

Councilmember Davis motioned to Deny because this request has been before them for the 2"4 time on the

agenda and because the Needles and Pyramid are Closed to the Public. Councilmember Ely seconded the

motion.

Councilmember Brady said after reviewing his packet that was submitted, if the request would have been

considered, she would have requested it be reviewed by legal because even though it mentions educational

and non-profit, Mr. Goin did earn money off photos. When these types of requests come forward, they need

to have them reviewed by legal counsel to see if the Tribe is included in any monetary funds or percentage,

for future requests.

Votes were seven (7) for and zero (0) opposed with zero (0) abstention. MOTION PASSED.

2. Request for Approval Law & Order Committee Part 5 Adoptions with Resolution. Paula Wright, L&0

Committee

Ms. Wright said she provided the public comments that were provided by the Tribal Attorney Wes Williams,

which were requested by a Councilman during a previous meeting. She is requesting approval for Chapter

Six of Title III, Law & Order Code for Juvenile Dependency under Adoptions, 3.6. 2300 would be Part 5 which

would be at the end of that chapter. These adoption regulations were taken out of the old code, the one

written back in 1993 and it was presented to the legal representative, and he made the recommendations,

so itis a procedure to follow in Tribal Court.

Councilmember Genevieve John asked if what they had was a clean copy of the redlined version? Note on the

first page, para 3.6.2305, para 2A. it states, “upon order of the court expressly so committee pursuant to a

petition settling forth reason, therefore”, the word “therefore” to is missing an “e.” On same page, legals

correction states 3.3.2310 PROCEDURE but on the clean copy it states 3.3.2302.

Ms. Wright acknowledged the corrections, stating they want to keep their sequence in order.

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December 1, 2023, Regular Tribal Council minutes

Councilmember Genevieve John said on page 2, para 2A, “What people have parental or other rights as

regards the child,” the word “to” was omitted after regards. The same with para 4, the word “to” is missing

before, “the child to be adopted.” And she was confused with the last sentence in the same para 4, which

states, “Unless each person fully understands the effects of the adoption, and knowingly consents to the

adoption, the proceedings shall be terminated.”

Ms. Wright said, for adoption, if the parents that want to adopt, change their mind, they can do so but she

understands where Councilmember Genevieve John is confused. These were recommendations from the

Tribal Attorney.

Councilmember Genevieve John said this needs to be reworded more clearly so it’s understood what is being

said.

Mr. Guerrero, in the audience asked if this was for Social Services for adoptions?

Ms. Wright said this is in the Law & Order Code and is for any tribal member that wants to adopt a child, to

file a petition in court.

Councilmember Genevieve John continued with her corrections. On page 2, para 7, the word “department”

should be capitalized since it’s capitalized in other parts of the document and on the last page, the word

“Tribal Court” is referred to but on this page it just states “court,” it should be consistent throughout, and the

word “judge” should be capitalized. On page 2, para 8, personally she thinks this should read, “the court has

read all the facts on such adoption proceedings and finds that this adoption”, rather than “believes this

adoption.” Also, when you're talking about going to the Bureau of Indian Affairs, she doesn’t think they should

include Western Nevada Agency because they don’t know if that agency is going to continue and if they

change, they will have to come back to Council to update, she would just state Bureau of Indian Affairs.

Councilmember Dunn asked if they were Human Services or Social Services, he thinks they should be

consistent with their name.

Ms. Wright said they have letterhead that states Human Services, and their return mail stamp says Human

Services including their petitions that go through the Court says Human Services.

Councilmember Della John asked how they can make the petitioner file in the state? Shouldn’t that be in

Tribal Court to send their documents directly to the state?

Ms. Wright said this is the Tribal Attorney’s recommendation, but it would give the adoptive parents a

responsibility as part of their new role as the adoptive parent.

Vice Chairman Wadsworth said this item is to remain tabled for clarification on Councilmember Genevieve

John’s questions and to be brought back to Council at the December 15, 2023, Special Tribal Council

meeting.

NEW BUSINESS

1. Request for Approval Election Board. Tanda Roberts and DeNelle Smith, Election Board

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December 1, 2023, Regular Tribal Council minutes

Ms. Roberts said the Primary Election was held on Saturday, November 25, 2023, from 6am to 6pm in the

Tribal Chambers. There were 488 eligible voters and 146 participated in the voting, which is 29.99% of the

voters. The top eight (8) will proceed to the General Election which will be held on Saturday, December 30,

2023, from 6am to 6pm in the Tribal Chambers. The eight candidates moving to the General Election are

John Guerrero, Georgina Wadsworth, Nicholas Cortez, Judith Davis, Della John, Irwin Mix, Elizabeth Dini

and Ralph Copeland Jr. They did receive 10 additional applications to be put on the eligible voters list and

they are: Michael Cortez, Dawn Barlese, Michelle McCauley, Terence Wright, Tashara Guerrero, Jonathan

Wadsworth, Benjamin Chambless, Aiden Arellano, Alicia Copeland, and William Guerrero. These

applications were reviewed and approved by the Enrollment Committee and the Election Board to be

added to the General Election Voter’s List. They are included in the General Election Voter’s List handed out

to Tribal Council. The new total for eligible voters is now 497. They did receive one (1) absentee ballot for

the Primary Election, but it was received on November 28, 2023, and it was denied because the deadline to

submit was November 22, 2023. The request timeline for the absentee ballot for the General Election will

be December 4-15, 2023, with the deadline to submit the absentee ballot by December 22, 2023, by 4:30

p.m.

Councilmember Dunn asked that the postings be put out to the public and not just on the internet. He

believes there wasn’t a big turnout for the Primary Election because there were hardly any postings and he

almost forgot as well.

Councilmember Davis asked how many absentee ballots did they receive? Ms. Roberts said they only

received one (1) after the deadline.

Councilmember Guerrero requested a public posting of the timelines.

Ms. Roberts said they did submit a request for a monitor from ITCN and they didn’t receive a response back

for the Primary Election. They have submitted another request for the General Election and hopefully they

will get a response for participation.

a. Approval Certification of Primary Election Results.

Ms. Roberts reread the names and their vote counts for the record: John Guerrero received 75 votes,

Georgina Wadsworth received 63 votes, Nicholas Cortez received 87 votes, Judith Davis received 76 votes,

Christine Blandon received 26 votes, Della John received 93 votes, Irwin Mix received 51 votes, Elizabeth

Dini received 46 votes and Ralph Copeland Jr. received 29 votes. There was a total of 26 under-votes out of

146 votes.

Councilmember Ely motioned to Certify the Primary Election Results. Councilmember Brady seconded the

motion. Votes were four (4) for and zero (0) opposed with three (3) abstentions (Davis, Della John,

Guerrero). MOTION PASSED.

b. Approval Certification of General Election Candidates.

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December 1, 2023, Regular Tribal Council minutes

Ms. Roberts read the top eight (8) candidates to move to the 2023 General Election: John Guerrero,

Georgina Wadsworth, Nicholas Cortez, Judith Davis, Della John, Irwin Mix, Elizabeth Dini and Ralph

Copeland Jr.

Councilmember Ely motioned to Certify the Eight (8) Candidates for the PLPT 2023 General Election.

Councilmember Genevieve John seconded the motion. Votes were four (4) for and zero (0) opposed with

three (3) abstentions (Davis, Della John, Guerrero). MOTION PASSED.

c. Approval 2023 General Election Voter's List.

The 2023 General Election Voter’s List was handed out to the Tribal Council for review.

Councilmember Davis motioned to approve the 2023 General Election Voter’s List. Councilmember Dunn

seconded the motion. Votes were six (6) for and zero (0) opposed with one (1) abstention (Brady).

MOTION PASSED.

2. Request for Approval NV Energy design Approval Agreement. Melissa Lawney, Washoe County

Communications Coordinator.

Ms. Lawney said she oversees all public safety communications and is in the middle of building the Marble

Bluff Communications Tower. She initially came before the Council in March 2022 with a proposal for

Washoe County to conduct a refresh or rebuild the communications tower at Marble Bluff to support public

safety agencies, Pyramid Lake Fire and the Police Department. They removed the old tower in December of

2022, and they have erected a new tower with a new building and are getting ready to cut the new services

over but came into issues with NV Energy. They have a temporary “cow” of communications on wheels which

is where the current public safety equipment is housed while they are rebuilding the tower. The remaining

work they must do is put in a new generator to support both the old building and the new building, replace

fencing on the east side and upgrade all the grounding. Most of the new equipment is on the tower but not

all of it and for the new P25 system they are upgrading all public safety throughout Washoe County and

throughout the State of Nevada. Marble Bluff is one of 119 sites getting refreshed in the state and it’s part of

a statewide system called the Nevada Share Radio System. As part of it, they had to upgrade the battery and

rectifier sets and needed to only put in P25 equipment which meant the power needed to be upgraded. They

didn’t have enough power to support both buildings and to keep the existing equipment that supports public

safety on police and fire as well as put in a new system. They intended to run both systems simultaneously

for a period and to do that they needed additional power. She had talked to the Environmental and the Tribe

about the level of work that they were going to do and promised that if there were changes, they would bring

it back to Council. Because NV Energy changed their standards, they no longer do transformers that mounts

on the poles so the transformer that is currently there will have to be removed and they will be putting a pad

mount or a ground level transformer within five feet of the outside fence. The trenching they will be doing is

nowhere near any fence or gate entrances so it’s not impeding the already disturbed ground on that side of

the communication site. The right-of-way agreement with NV Energy will allow them access to continue to

put new conductors on the poles and to do the installation on tribal land.

Councilmember Della John asked what the cost association is for the project?

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December 1, 2023, Regular Tribal Council minutes

Ms. Lawson said Washoe County will be taking on the cost for this which is about $6,000 for the design review

which they have already paid NV Energy for the total amount that was included in the original proposal for

Marble Bluff. The electrical is already included in the CMAR costs so nothing has changed for what Washoe

County is paying for. This is just a right-of-way agreement for NV Energy can be on the land and no cost to

the Tribe. The agreement is to allow a right-of-way to access for the existing poles on the land.

Councilmember Brady asked if this is going to allow more people on the system?

Vice Chairman Wadsworth said it’s limited because nobody else will be allowed to use it, for example

homeowners.

Councilmember Davis asked what does NV Energy have now for access?

Ms. Lawson said they don’t currently have anything allowing access, NV Energy’s right-of-way ended in 1999,

and they haven’t had to do any work out there since they stop at the boundary line or point of ownership.

They typically identify what they call POI or point of ownership for the Tribe, they own a certain point on the

poles and the Tribe owns a certain amount of the poles which she thinks is about two poles. There is an E-

pole (#P1167004) and the pole which is next to the building next to the tower, NV Energy does not have

right-of-way and they will not be entering tribal land to do any of this work without tribal permission.

Councilmember Genevieve John asked if normally these types of requests went through the Tax Department

for their input and attorney.

Vice Chairman Wadsworth agreed because when they had their workshop with Ms. Thomas, legal counsel,

she was still working on the general agreement for the whole reservation but this one is specific to this one

area.

Councilmember Davis asked if there was a timeframe for this request?

Ms. Lawson said as soon as they can get it done, their teams and crews are in stop work now until they can

get power to the sites. They are trying to get everything installed for P25 within the next couple months so

they can officially cut over all the Washoe County for spring of 2025. It won't be this spring but spring of next

year, they absolutely must have all the P25 equipment installed. They would like to have it installed by spring

of this year so they can have a whole year to test eh whole system all together.

Chris Parsons, Chief of Police, clarified the P25 is a federal mandate to upgrade the radio systems. This is

something that came out after 9/11 and Katrina. When Ms. Lawson says Washoe County, it also includes

Pyramid Lake Police and Fire EMS.

Greg Gardner, Technology, said there is another tower located at Marble Bluff that the Tribe leases to

Commex and their fiber is located on the pole and they can’t do anything until this transformer issue is

resolved.

Councilmember Davis asked for clarification, they are asking for a right-of-way to not get all the way up to

Marble Bluff, not the road access, it’s to get onto the pole and do the pad?

Vice Chairman Wadsworth said with the confusion they will table it for tax and legal review.

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December 1, 2023, Regular Tribal Council minutes

Councilmember Ely motioned to table the NV Energy Design Approval Agreement for legal the Tax Department

and Legal Review and to return to Tribal Council at the December 15, 2023, Special Tribal Council meeting.

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

abstention. MOTION PASSED.

3. Request for Approval Renewal BIA 638 Contracts with Resolution. Trish Conner, Contracts & Grants

Ms. Conner explained the Tribe has several programs under the Bureau of Indian Affairs (BIA) 638 Contracts.

These existing contracts are set to expire on December 31, 2023. The programs that need renewal are Law

Enforcement, Human Services Program, Tribal Court Program, Roads Maintenance Program, Enrollment

Services, Johnson O’Malley (JOM) Program and Consolidated Higher Education. To renew these programs,

the Tribe needs to submit an authorizing tribal resolution that requests renewal and a proposed budget with

justification and an updated scope of work. Along with finance personnel, she met with all the programs to

ask them to update the scope of work in their budgets. They submitted them to BIA, she is a little behind as

they should have been submitted back in September, and all they are missing is the resolution. It should take

90 days for reviewing, and then the contracts will come back to the Tribe.

Councilmember Genevieve John asked if these were annual contracts.

Ms. Conner said it’s the end of a three year and it’s easier to extend a contract verse bringing a whole new

contract, but this is up to the BIA. She is not sure because the requests from three years ago are not what

they received, they received more, and she doesn’t think those one-time funds are not going to come back.

They just can’t depend on them.

Councilmember Genevieve John said at one time they were mature contracts where you didn’t have a

resolution because you already have a resolution and application in place, but it sounds like they are going

back to having either a three year or annual request.

Ms. Conner has heard it has changed. The BIA has they would just keep going and going and keep the same

contract number. They tried to stop doing that and close out those contracts and start with another one, but

she is not sure what they are going to do with this one.

Councilmember Genevieve John said that is why they went with the three years was because of the problems

they were having with the same number getting changed all the time, so they went to the mature contracts

where they have the same number for three years or longer and probably with all the employee changes they

have had there also.

Councilmember Brady motioned to approve the Renewal of the BIA 638 Contracts with Resolution.

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

abstention. MOTION PASSED. RESOLUTION NO.: PL 127-23 2024 BIA 638 CONTRACT RENEWALS

4. Discussion Fernley Land Developments. Richard Frazier, Tribal Land Manager

Mr. Frazier provided Tribal Council with an update on the discussion for the Fernley Commerce Center by

Love’s and the big warehouse. They had a meeting with the Fernley Planner a couple of weeks ago, who is

new to the job but familiar with the area and what is going on over there. Mr. Frazier provided pictures of

the area. The concern is the location which is west of the warehouse to the reservation line which the Tribe

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December 1, 2023, Regular Tribal Council minutes

and Fernley thought was in the industrial area of their land use plan but it’s in an open area. Fernley invited

the Chairman, himself, and Kathleen Frazier (PL Housing) for a meeting. The issue was that Granite

Construction applied for a permit to install a sandpit next to the warehouse between there and the

reservation line. It's about 36 acres. The planning director wanted to discuss this with the Tribe since it was

designated as an open area, they thought it was initially set as a buffer between the reservation line and

Loves Construction. He hasn’t heard about that before but it’s in their land use plan. In their meeting with

Granite, they informed them that since it was an open area, they were giving the Tribe the opportunity to

either agree or not to agree for Granite to move forward. Fernley was giving the Tribe that opportunity and

will honor what the Tribe recommends.

Councilmember Ely asked if the City of Fernley had a stance either way?

Mr. Richards said the concern they had was because it is designated an open area, they can’t do anything with

it because it is not in an industrial zone for that area. He doesn’t think they are in favor, but they are giving

the Tribe the opportunity to suggest, either to deny or approve Granite’s permit with Lyon County.

Councilmember Genevieve John asked if they deny what are the options for Lyon County and the Tribe?

Mr. Frazier said they wouldn't do anything in that area, it would still be an open area and their land use

designation means it’s not geared for industrial, commercial or anything else, it’s just open. It’s like our river

corridor that is considered open space in the Tribe’s land use, a no building zone.

Councilmember Guerrero said the Tribe should make a comment and say they don’t want this and to keep

the buffer zone or open space on their lands use plan. He asked why wasn’t Tribal Council at the meeting

which was held on November 22" and with the land bills and land use plans, the Tribal Council should be

involved if they want to go.

Mr. Frazier said the director wanted to have a meeting again with the Chairman because she wants to hear

his opinions. The Chairman was invited to the last meeting but was absent, just Kathleen Frazier and him

went to the meeting.

Councilmember Davis said they need to oppose it, either through a vote or a letter but they need to oppose.

Mr. Frazier said he informed them this would go to Tribal Council to get their stamp on it before a decision

was made.

Councilmember Genevieve John motioned to for Mr. Frazier to draft a letter by the following Monday to be

submitted to Fernley to OPPOSE as a Tribe, Fernley’s consideration of the Granite Pit Development and to leave

it as a buffer zone (open space) . Councilmember Brady seconded the motion. Votes were seven (7) for and

zero (0) opposed with zero (0) abstentions. MOTION PASSED.

5. Discussion Truckee Meadows Lands Bill. Richard Frazier, Tribal Land Manager

Mr. Richards provided copies of the 2022 and 2023 land submittals for Washoe County. The correct name is

the Truckee Meadows Lands Bill not the Washoe County Lands Bill. When they changed the name from

Washoe County to Truckee Meadows that took every outside of Truckee Meadows Basin. Looking at the

2022’s map for submittal, the area in purple is what Pyramid Lake submitted for land. It was over 30,000

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December 1, 2023, Regular Tribal Council minutes

acres, that bill didn’t go anywhere and died. This year they are working with Senator Rosen’s office and have

been working with her staff for the past three years now. They had to cut down the Tribe’s request to 33,000

because of a new rule that says all tribal requests need to be 10,000 acres or less. The Tribe’s request turned

out to be a little over 11,000 acres and they weren't going to cut anymore because they couldn’t. Their

response to cutting the acreage down, everyone questioned them on this: Pyramid Lake, Reno-Sparks, and

Washoe Tribe, they geared their answer on the Naval lands in Fallon that gave Walker River 10,000 acres. It

didn’t make any sense because they never said anything since the Tribe has been involved in this until this

past year. These are the only options on the BLM parcels which are the tan-colored spares on both the maps.

He has been in contact with Senator Rosen’s off the last couple of days. The person they have been working

with left and they are working with a new person. There has been no movement on the bill to date. In June

of this past year, they submitted the Tribe’s final request where they had to itemize each parcel, the amount

of acreage, what designation they were going to keep it as and they kept it as the BLM had theirs, a

conservative management but it can change along the way. Just a note, they have asked for the same parcels

since 2016 and haven't gotten anywhere twice because the bill died and there was much opposition, not just

from the Tribe but everyone from here to Sparks. It’s called the Truckee Meadows Lands Bill because they

trimmed it down due to the development in the area. A lot of the private land colored white on the map for

Sparks are already parceled out and designated for subdivisions. Nothing can happen with those parcels

because they are BLM land.

Councilmember Brady asked when NextEra came in, where they are at now off the reservation, they were

going to turn the land that they now have over to the Tribe and possibly get extended land that would

eventually become the Tribes, is that still going to happen?

Mr. Frazier said that is still a part of their agreement, he hasn’t heard whether they have changed their minds.

As Ms. Thomas, legal counsel, mentioned in a meeting, by the 17 NextEra, and BLM is entertaining them in

this endeavor, of auctioning off those BLM parcels, the ones the Tribe applied for every year. BLM told them

all the parcels, in purple, BLM took off the table and weren't going to do anything with them, and they weren’t

going to offer them for development. That is the reason they trimmed all the way up, in the orange color, to

I-80, the BLM checkerboard parcels. Mr. Frazier thinks they took them back because of NextEra.

Councilmember Davis asked when did BLM put those parcels back on?

Mr. Frazier said he thinks they put them back on because of NextEra. That is the reason he contacted Senator

Rosen’s staff because the Tribe put in for those same parcels in the initial request. They took them off the

table and now they are offering them to, not sure if they are offering but they agree to offer them to the Dodge

Flat Solar Project. That was part of the invited discussion that the Tribal Council received via email for

January 4, 2024, at Washoe County, and that is when this will be discussed. Ms. Thomas will be talking to the

lady that represents Dodge Flat Solar and discussing this topic.

Councilmember Della John said NextEra has a no competition agreement with the Tribe.

Mr. Frazier said if this bill goes nowhere that is what is going to happen.

Vice Chairman Wadsworth said that agreement ends on December 15* with NextEra.

Councilmember Ely said the agreement was NextEra basically paid to reserve the land.

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. Pyramid Lake Paiute Tribal Council

December 1, 2023, Regular Tribal Council minutes

Mr. Frazier said this is the land that is outside the reservation.

Councilmember Della John asked if they work with the Tribe’s lobbyist, Will Adler?

Mr. Frazier said they were working with Mr. Adler at the beginning but then he disappeared and hasn’t been

in contact.

Councilmember Della John said Mr. Adler said he was contacting the Tribe, but nobody responded to him.

Mr. Frazier said he hasn’t heard from him, but he did come into the issue late. He only got involved this year.

In June all the lands act bills were finalized, comments were sent from all the stakeholders, not just the Tribes.

He keeps hearing they are putting the language together to be released to the public but doesn’t know how

soon that will be. He spoke to staff at Senator Rosen’s office, and they are getting an update on everything for

the Tribe, and hopefully within the next week they will hear more information. Currently, that is where

everything is at, everyone is in a holding pattern, waiting.

Councilmember Guerrero said he thinks Will Adler will be a conflict of interest because he is working with

Ben as a consultant for solar, but Mr. Adler has names he could recommend.

Councilmember Davis asked when did it come out that BLM was entertaining NextEra?

Councilmember Guerrero said the parcels were removed in June.

Councilmember Davis said it’s obvious they don’t hear about these issues since Mr. Frazier has had two

important issues come up regarding land and they didn’t know about it. Asking if he can forward it to the

Tribal Secretary and she can forward to Tribal Council.

Councilmember Brady read the text from her phone to the Chairman and asked him about this, but he said

he didn’t know and wasn’t following it.

Mr. Frazier said he received the information from the Chairman about a month ago.

Councilmember Ely said he is sure there is consensus from Tribal Council they are interested in the land, and

they requested it and should be in the top consideration for it.

Councilmember Davis asked if they could address it with BLM to say the Tribe wanted this land and they

took it off the table. Either address it to BLM or Senator Rosen’s office.

Mr. Frazier said it would be a discussion because they are turning around and offering it to someone else.

Vice Chairman Wadsworth said it’s like saying they are not considering the Tribe but would rather sell it for

big business.

Councilmember Guerrero said when they request it, the Tribe should have a land use plan for it.

Mr. Frazier said they had to list when they submitted all those parcels, but they kept it the same as BLM at

that point because it would just be range management.

Councilmember Ely said they need to say no to the 10,000-acre limit.

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Mr. Frazier said everyone said no and that is the reason they trimmed all the parcels all the way to I-80. He

has always asked the Chairmen the last three years, have you invited the Tribal Council? But there are only

three of them that showed up for the meetings and he feels like he is overstepping his bounds when he goes

directly to Tribal Council.

Councilmember Brady said the Department of the Interior is above the BLM and they (BLM) need to follow

up with them regarding this because they are being discriminatory against the Tribe.

Mr. Frazier said he is hoping to hear back from Senator Rosen’s staff next week because he sent them a list

of questions. The bill also involves wilderness area north of the reservation. Betty Aleck, THPO has been

involved with BLM, Winnemucca Office and she has information on where they were trying to change the

access and the use. This is only to change the use of the land and not an option to acquire.

Councilmember Ely recommended the Tribe come up with a stance since the meeting is January 4+, to let

them know the Tribe is concerned and is going to make some noise if this goes through without the Tribes

consideration.

Mr. Frazier said the Tribal Council may want to check with Ms. Thomas regarding her conversation with the

representative from the Solar company also.

Councilmember Guerrero said to check in with Scott Carey who was following the dates.

Mr. Frazier said when Mr. Carey was with the State lands in Carson City, he always sent information that

affected the Tribe, so he was a big help and is working on the bill. Mr. Frazier commented on the news where

the City of Sparks and the Reno-Sparks Indian Colony had come to an agreement on the cultural site between

here and Sparks that was supposedly to prevent the planned access road from USA Parkway to Spanish

Springs from cutting too close to it, but they didn’t add any parcels that they were not going to use if it’s still

close to it because they made the comment before to add another parcel in there that will be at least a mile

away but doesn’t look like it happened. The agreement was they would support Reno-Sparks in that endeavor

if Reno-Sparks would support them in their endeavors.

Councilmember Guerrero asked if there are other areas being preserved in this bill?

Mr. Frazier said not in this bill because it’s identified as Truckee Meadows but when it first started it was

Washoe County and they were all involved and that is when they submitted for Winnemucca Lake, parcels

northwest corner of the reservation. There are historical sites out there.

Councilmember Davis said they had a lot of good discussions on this but what is their plan for Washoe

County?

Vice Chairman Wadsworth said they need to get with Ms. Thomas to find out what the discussion was with

the rep for the solar company.

Mr. Frazier said he will see if they can amend the Tribe’s submittal.

Councilmember Guerrero asked about the comments for the bill.

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Pyramid Lake Paiute Tribal Council

December 1, 2023, Regular Tribal Council minutes

Mr. Frazier said it would be good for Tribal Council to hear those public comments for who is for and against,

but it’s normally opposed between development between here and Sparks, not just the Tribe or the

wilderness people but everyone that uses the land out there.

Councilmember Brady said the Tribe should contact the Department of Interior to slap BLM’s hand for what

they are doing because it isn’t fair.

Councilmember Davis agreed the Tribe put in for it first and are opposing it.

Vice Chairman Wadsworth followed up with and they pulled it out from under the Tribe because they are

more interested in potentially selling it to somebody else instead of giving it to the Tribe to develop or to give

the Tribe more options. And with the land use plan with further expansions out for the Tribe’s own purposes,

for example for the Cattlemen’s, we need to offset with some new land.

Mr. Frazier said he will see if he can get them to reconsider the Tribe’s submittal so we can try for those

parcels that NextEra is trying to get.

Councilmember Ely would like to bring this back at the December 15" meeting, then compose a letter to

make a stand so the Tribe is prepared for the January 4* meeting to go in and officially say the Tribe opposes.

Councilmember Guerrero said they also need to think about the tax base with the land use plan or permitting.

At one of the Cattleman’s meetings, they were talking about their space and permitting process.

Mr. Frazier said they probably need to expand the land use plan outside of the community because now it’s

only the community and the rest is grazing for land the Tribe may or may not get.

Councilmember Ely recommended this item be placed on the agenda for the December 15, 2023, Special

Tribal Council meeting to propose a stance for the Tribe to take.

EXECUTIVE SESSION

Councilmember Dunn motioned to move into Executive Session. Councilmember Genevieve John seconded

the motion. Votes were seven (7) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED.

Tribal Council moved into Executive Session at 7:31 p.m.

Councilmember Ely motioned to move out of Executive Session. Councilmember Dunn seconded the motion.

Votes were seven (7) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. Tribal Council

moved out of Executive Session at 9:00 p.m.

Councilmember Brady motioned that based on the results of the investigation, Chairman Phoenix is suspended

for 30-days without pay and during his absence, the Vice Chairman Wadsworth will assume the role of

Chairman. Councilmember Ely seconded the motion. Votes were six (6) for and zero (0) opposed with one

(1) abstention (Guerrero). MOTION PASSED.

ADJOURNMENT

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Pyramid Lake Paiute Tribal Council

December 1, 2023, Regular Tribal Council minutes

With no further business before the Tribal Council, Councilmember Ely made a motion to adjourn the

meeting. The motion was seconded by Councilmember Genevieve John. Votes taken were all in favor, motion

carried.

The meeting adjourned at 9:04 p.m.

Submitted by,

Coayndindd young

Tribal Council Secretary

CERTIFICATION

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 19% day of JANUARY 2024, having nine (9) members

present, constituting a quorum, by the vote of eight (8) FOR and zero (0) OPPOSED, with zero (0)

ABSTENTIONS.

Minutes attested and concurred by: Ly |

James J. Phoenix, Tribal Chairman

Pyramid Lake Paiute Tribal Council

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