TRIBAL COUNCIL MEETING MINUTES OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN NATION, MT. Volume 94 Number 59 Held: June 14, 1994 Council Chambers, Pablo Mt. Approved: June 17, 1994 MEMBERS PRESENT: Rhonda Swaney, Vice-Chairperson; Louie Adams; Sonny Morigeau; Fred Matt; Donald Dupuis; Hank Baylor; Mary Lefthand. MEMBERS ABSENT: Michael Pablo (Portland - negotiating funding agreement for 1995); Lloyd Irvine, Carole McCrea (NCAI Conference, New York). OTHERS PRESENT: Joe Dupuis, Executive Secretary; Bernice Hewankorn, Sergeant at Arms; Tari Shaw, Executive Aide. Kevin Howlett, Education Department, and Patricia Hewankorn, Kootenai Culture Committee, discussed goals for language preservation on the reservation. Mr. Howlett requested Council to consider developing a certification process with the Culture Committees to be submitted to the Office of Public Instruction. Roll Called by Joe Dupuis, Executive Secretary, Quorum established at 10:25 a.m. The meeting was opened with a prayer by Louie Adams. Carrie Irvine, Housing Authority, presented a resolution supporting the submission of Indian Housing Youth Sports Grant application creating opportunities for youth in tribal homesites and communities. MOTION by Hank Baylor to approve resolution supporting the submission of Indian Housing Youth Sports Grant application creating opportunities for youth in tribal homesites and communities. Seconded by Donald Dupuis. Carried, unanimous (7 RESOLUTION 94-184 AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION RESOLUTION SUPPORTING THE SUBMISSION OF INDIAN HOUSING YOUTH SPORTS GRANT APPLICATION CREATING OPPORTUNITIES FOR YOUTH IN TRIBAL HOMESITES AND COMMUNITIES WHEREAS, The Confederated Salish and Kootenai Tribes recognize the need for recreational opportunities for youth throughout the Reservation, and, WHEREAS, The U.S. Department of Housing and Urban Development (HUD) have made funding available for Indian Housing Youth Sports Programs; and,
WHEREAS, The Salish and Kootenai Housing Authority in cooperation with the Tribal Social Services Program, ASAP, and the Mission Valley YMCA, has prepared an application for funding; and WHEREAS, The Confederated Salish and Kootenai Tribes, under authority of Ordinance 45B have designated land in each community for park and recreation development. NOW, THEREFORE, BE IT RESOLVED, That the Tribes support this application for the recreational development of already designated lands within the housing area communities; and, BE IT FURTHER RESOLVED, That the development of plans of designated Tribal lands shall be submitted to the Tribal Council for approval all proposed modifications and improvements prior to implementing such modifications and improvements. Doug Dupuis, Division of Lands, and Steve Carrick, presented a negotiated bid for lease #5776. MOTION by Louie Adams to approve negotiated bid on lease #5776 for $100.00/year for a five (5) year lease to Steve Carrick. Seconded by Donald Dupuis. Carried, 6 for; 1 abstention: Rhonda Swaney. Ed Courville, Division of Lands, presented a Business Lease request from CommNet Cellular Inc. for cellular site near two (2) acres owned by Burlington Northern east of Ravalli. CommNet is requesting a ten (10) year base term with a ten (10) year option for renewal. MOTION by Donald Dupuis to show interest and investigate CommNet Cellular's request for a Business Lease for a cellular site east of Ravalli. Seconded by Fred Matt. Carried, unanimous (7 Ed Courville, Division of Lands, presented three (3) proposals for the Tribal-owned lots across from Super One in Polson. The house and two (2) outbuildings are presently being advertised for salvage and site cleanup. MOTION by Hank Baylor to accept the 3rd option from Anita Swope for the cabin purchase and removal for $501.00. Seconded by Donald Dupuis. Carried, unanimous (7 Ed Courville, Division of Lands, informed Council that Daniel Clairmont has expressed concern over public access and the existing road location through his property in Allotment 1016 and 1016-A. Mr. Courville will review the information with the owner of Allotment 1016-D, and present back to Council. Dale Becker and Dan Lipscomb, Natural Resources Department, presented the 1994 regulations for Ferry Basin Elk Hunting and
Camas Bighorn Sheep Hunting. MOTION by Fred Matt to approve the regulations for the 1994 Ferry Basin Elk Hunting and Camas Bighorn Sheep Hunting. Seconded by Louie Adams. Carried, unanimous (7 Dale Becker and Art Soukkala, Natural Resources Department, discussed the changes/additions to the Grizzly Bear Conservation Strategy. MOTION by Donald Dupuis to approve the changes/additions to the Grizzly Bear Conservation Strategy. Seconded by Fred Matt. Carried, unanimous (7 Dale Becker, Natural Resources Department, presented a request for Sandra Tardiff (student) for a Collecting Permit to conduct soil sampling and investigate plant species distributions and abundances. MOTION by Hank Baylor to approve request from Sandra Tardiff for a Collecting Permit to conduct soil sampling and investigate plant species distributions and abundances. Seconded by Donald Dupuis. Carried, unanimous (7 Phillip and Debby Paul, Tribal members, requested Council to buy an ad or donate to the First Nations Pow-Wow to be held in Missoula, MT. MOTION by Fred Matt to purchase a 1/2 page ad for the First Nation Pow-Wow for $140.00. Seconded by Hank Baylor. Carried, unanimous (7 Bill Swaney, Natural Resources Department, presented a resolution requesting federal assistance from the Administration for Native Americans for Environmental Regulatory enhancement on the Flathead Indian Reservation. MOTION by Donald Dupuis to approve resolution requesting federal assistance from the Administration for Native Americans for environmental regulatory enhancement on the Flathead Indian Reservation. Seconded by Fred Matt. Carried, unanimous (7 RESOLUTION 94-185 AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION, MONTANA RESOLUTION REQUESTING FEDERAL ASSISTANCE FROM THE ADMINISTRATION FOR NATIVE AMERICANS FOR ENVIRONMENTAL REGULATORY ENHANCEMENT ON THE FLATHEAD INDIAN RESERVATION, MONTANA. WHEREAS, The Tribal Council of the Confederated Salish and
Kootenai Tribes considers protection of the environment on the Flathead Indian Reservation to be among its highest priorities; and WHEREAS, The Council has taken affirmative action to protect the environment of the Flathead Reservation by creation of Air Quality, Water Quality, Shoreline Protection, and Solid/Hazardous Waste Programs; and WHEREAS, The Tribes have committed and continue to commit considerable financial and human resources to protection of the Reservation environment; and WHEREAS, The Administration for Native Americans has made available monies for the enhancement of Tribal environmental regulatory programs, including training and education of Tribal employees; and THEREFORE, BE IT RESOLVED THAT The Administration for Native Americans be requested to make available federal assistance in the amount of $720,000.00 in the form o f a grant, to be expended during the period October 1, 1994 through September 30, 1997 for environmental regulatory enhancement on the Flathead Reservation as described in the attached proposal; and BE IT FURTHER RESOLVED, That the Chairman of the Tribal Council and the Executive Secretary be authorized to negotiate and execute this contract on behalf of the Tribes. Bill Swaney, Natural Resources Department, presented a letter to reaffirm the Tribes participation to the Clark Fork-Pend Oreille Tri-State Implementation Council and to appoint an alternate representative. MOTION Hank Baylor to approve letter to reaffirm the Tribes participation to the Clark Fork-Pend Oreille Tri- State Implementation Council and to appoint an alternate representative by resolution. Seconded by Donald Dupuis. Carried, 6 for; 1 abstention: Rhonda Swaney. RESOLUTION 94-186 AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION, MONTANA RESOLUTION AUTHORIZING REPRESENTATION TO THE CLARK FORK-PEND OREILLE TRI-STATE IMPLEMENTATION COUNCIL. WHEREAS, The Tribal Council of the Confederated Salish and Kootenai Tribes considers protection of watershed resources affecting aboriginal territory of the Tribes to be a high priority; and WHEREAS, The Clark Fork-Pend Oreille Tri-State Implementation Council is concerned with protecting the watershed in the
three-state area of Montana, Idaho, and Washington, which includes portions of the Tribes' aboriginal territory; and WHEREAS, The Council has taken action to seek representation to the Tri-State Implementation Council, and WHEREAS, The Tri-State Implementation Council has invited the Tribes to be represented on the Implementation Council; and THEREFORE, BE IT RESOLVED THAT The Confederated Salish and Kootenai Tribes authorize Michael T. Pablo as the official Representative to the Tri-State Implementation Council, with Rhonda R. Swaney designated as the alternate. Bill Swaney, Natural Resources Department, requested authorization to participate in a 1/2 hour presentation to high school students on the goals of CSKT and water quality issues with Flathead Lake. It was the Consensus of Council to authorize Georgia Case to participate in the 1/2 hour presentation on the goals of CSKT and water quality issues with Flathead Lake. Bill Swaney, Natural Resources Department, informed Council that he has been requested to participate in an EPA Internship in Denver Co. The EPA is paying his per-diem, travel and lodging. Mr. Swaney requested authorization to participate and have his salary paid. It was the Consensus of Council to authorize Bill Swaney to participate in the EPA Internship at Denver, CO. The Tribal Council Meeting Minutes for June 07, and June 10, 1994, were presented to Council for approval. MOTION by Hank Baylor to approve Tribal Council Meeting Minutes for June 07, and June 10, 1994, with corrections. Seconded by Louie Adams. Carried, unanimous (7 Joe Dupuis, Executive Secretary, informed Council of the applicants for the Personnel Director position and requested Council to schedule time to conduct the interviews once the applications are screened. *****LUNCH***** Gordon Fyant, Tribal member, requested Council to make a donation to the Montana Hope Project for terminally ill children. MOTION by Louie Adams to approve request from Gordon Fyant to donate $1,000.00 as in the past, to the Montana Hope Project. Seconded by Sonny Morigeau. Carried, unanimous (7
Annette Brown, SKC TV, requested Council to match a contribution up to $17,000.00 for SKC's Public TV Station. MOTION by Donald Dupuis to approve request to match $17,000.00 in funds for SKC's Public TV Station. Seconded by Fred Matt. Carried, unanimous (7 Joe McDonald, Salish and Kootenai College, updated Council on the proposed transmitter being placed on TV Mountain by the University of Montana. Mr. McDonald recommended that future discussions on the issue take place in the Council Chambers. Brian Lipscomb, Natural Resources Department, and Sam Painter, Tribal Prosecutor, met with Council in Executive Session from 1:30 p.m. to 2:08 p.m. Josephine LaDue, Second Circle Lodge, and Kathy Ross, Juvenile Probation Officer, presented a letter addressing the changes in the contract between Montana State Department of Family Services and the Confederated Salish and Kootenai Tribes of the Flathead Reservation for the operation of the Second Circle Lodge for Short-Term Shelter Care Services. MOTION by Fred Matt to approve the recommended changes in the contract between the Montana State Department of Family Services and the Confederated Salish and Kootenai Tribes of the Flathead Reservation for the operation of the Second Circle Lodge for Short-Term Shelter Care Services. Seconded by Hank Baylor. Carried, unanimous (7 Josephine LaDue, Second Circle Lodge, requested Council to add the Second Circle Lodge to the list of departments that receive confiscated meat from Fish & Game. MOTION by Donald Dupuis to add the Second Circle Lodge to the list to receive meat that is confiscated by Fish & Game. Seconded by Sonny Morigeau. Carried, unanimous (7 Mike Brown, Safety of Dams, updated Council on the status of SOD's current projects and also discussed SOD Budget concerns. *****break***** Bill Foust and Igor Suchomel, Natural Resources Department, discussed the development of the Environmental Impact Statement and presented a resolution implementing an agreement between the Confederated Salish and Kootenai Tribes and Steve Running and Ramakrishna Nemani, Terradynamics Inc. to determine three timber harvest levels based on three allowable water yield increases for 26 watersheds of the Flathead Reservation. MOTION Hank Baylor to approve resolution implementing an agreement between the Confederated Salish and Kootenai Tribes and Steve Running and Ramakrishna Nemani,
Terradynamics Inc. to determine three timber harvest levels based on three allowable water yield increases for 26 watersheds of the Flathead Reservation. Seconded by Donald Dupuis. Carried, unanimous (7 RESOLUTION 94-187 AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION, MONTANA RESOLUTION IMPLEMENTING AGREEMENT BETWEEN THE CONFEDERATED SALISH AND KOOTENAI TRIBES AND STEVE RUNNING AND RAMAKRISHNA NEMANI, TERRADYNAMICS INC. TO DETERMINE THREE TIMBER HARVEST LEVELS BASED ON THREE ALLOWABLE WATER YIELD INCREASES FOR 26 WATERSHEDS OF THE FLATHEAD RESERVATION. WHEREAS, The Tribal Council of the Confederated Salish and Kootenai Tribes considers streams and aquatic lands to be among its most valuable natural resources; and WHEREAS, The Council has taken affirmative action to protect aquatic lands and streambanks through the ALCO Ordinance; and WHEREAS, The Council promotes wise harvest of its timber and analysis of timber harvest levels and related water yield increases is an essential part of the 10-year plan BIA Forestry EIS; and WHEREAS, The Contractor has unique, state-of-the-art capability to model relationship between timber harvest and water yield increases through RHEYss computer model; and WHEREAS, Funds are available from the Bureau of Indian Affairs Forestry to employ the Contractor for the said purpose, THEREFORE, BE IT RESOLVED THAT The Confederated Salish and Kootenai Tribes enter into Agreement with said Contractor Terradynamics, Inc. under conditions stated in Agreement to develop three timber harvest levels based on allowable water yield increases; and BE IT FURTHER RESOLVED, THAT The Chairman of the Tribal Council and the Executive Secretary be authorized to negotiate and execute this agreement on behalf of the Tribes. Bill Foust and Seth Makepeace, Natural Resources Department, requested Council to approve an agreement between the Tribes and Percy Karr, Montana Aerial Photographs to provide air photo coverage of the perimeter shoreline of Flathead Lake. MOTION by Fred Matt to approve agreement with Percy Karr, Montana Aerial Photographs to provide air photo coverage of the perimeter shoreline of Flathead Lake. Seconded by Louie Adams. Carried, unanimous (7 RESOLUTION 94-188
AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION, MT RESOLUTION IMPLEMENTING AGREEMENT BETWEEN THE CONFEDERATED SALISH AND KOOTENAI TRIBES AND PERCY KARR, MONTANA AERIAL PHOTOGRAPHS TO PROVIDE AIR PHOTO COVERAGE OF THE PERIMETER SHORELINE OF FLATHEAD LAKE. WHEREAS, The Tribal Council of the Confederated Salish and Kootenai Tribes considers the quality of the waters of the Flathead Indian Reservation to be among its most valuable natural resources, and WHEREAS, The Tribal Council has taken affirmative action to protect the quality of the waters of Flathead Lake through, among numerous other actions, approval of a TMDL grant application from the USEPA, and WHEREAS, The Contractor, Montana Aerial Photographs, has the capability to provide aerial photographic coverage of Flathead Lake, and WHEREAS, Funds are available through a TMDL grant from the USEPA, THEREFORE, BE IT RESOLVED, THAT The Confederated Salish and Kootenai Tribes enter into Agreement with said Consultant, Montana Aerial Photographs under conditions stated in Contract for Professional Services to provide aerial photographic coverage of Flathead Lake, and BE IT FURTHER RESOLVED, THAT The Chairman of the Tribal Council and the Executive Secretary are authorized to negotiate and execute this contract on behalf of the Tribes. Jan McClure, Records Manager, presented a request from Daniel Arron Moomaw for removal from CSKT enrollment to be enrolled with the Colville Tribe. MOTION by Sonny Morigeau to approve request from Daniel Arron Moomaw to relinquish his enrollment from CSKT. Seconded by Hank Baylor. Carried, unanimous (7 RESOLUTION 94-189 AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION, MT. RESOLUTION AUTHORIZING THE REMOVAL OF DANIEL ARRON MOOMAW (203-UO9909) BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES THAT, WHEREAS, Daniel Arron Moomaw has requested in writing relinquishment of membership from the Confederated Salish and
Kootenai Tribes of the Flathead Reservation Mt., and WHEREAS, Article II, Section 5 (1) of the Tribes' Constitution provides that membership in the Tribe may be lost by resignation in writing to the Tribal Council, now, therefore, BE IT RESOLVED, that Daniel Arron Moomaw has relinquished the following: 1. Membership in the Confederated Salish and Kootenai Tribes. 2. All future Tribal benefits. 3. All hunting and fishing rights now held by members of the Confederated Salish and Kootenai Tribes. 4. Any and all privileges now extended to members of the Confederated Salish and Kootenai Tribes. BE IT FURTHER RESOLVED, That the request for removal of Daniel Arron Moomaw is hereby approved, and BE IT FURTHER RESOLVED, That any person who has relinquished their rights or membership voluntarily in the Confederated Salish and Kootenai Tribes shall not be eligible for reinstatement or readoption, and BE IT FINALLY RESOLVED, That the Enrollment Office of the Confederated Salish and Kootenai Tribes must be in receipt of documentation that Daniel Arron Moomaw, will become a member of the Colville Tribe, before he is officially removed from the Confederated Salish and Kootenai Tribes. Jan McClure, Records Manager, presented a request from Kelly Ray Whitworth to increase his blood quantum to include his biological father's blood degree and correct it from 17/64 to 33/64 degree Salish and/or Kootenai Blood due to satisfactory evidence by DNA Testing being presented. MOTION by Fred Matt to approve request from Kelly Ray Whitworth to correct his blood quantum from 17/64 to 33/64 to include his biological father's blood degree due to satisfactory results being presented from DNA Testing. Seconded by Mary Lefthand. Carried, unanimous (7 RESOLUTION 94-190 AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION, MT. RESOLUTION AUTHORIZING CORRECTION OF BLOOD DEGREE BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES THAT; WHEREAS, certain Tribal Members have been enrolled using only their mother's degree of Salish and/or Kootenai blood in determining their blood quantum, and
WHEREAS, satisfactory evidence (DNA test documentation) has been presented as to the parentage of these Tribal Members to justify the use of their father's degree of Indian blood in determining their blood quantum, now, therefore, BE IT RESOLVED, by the Tribal Council of the Confederated Salish and Kootenai Tribes that the degree of Indian Blood of the following named Tribal Members be corrected as follows: NAME TRIBAL ID# D.O.B. CORRECTED D.O.B KELLY RAY WHITWORTH 203-UO8918 17/64 33/64 Jan McClure, Records Manager, requested Council to approve the August Per Capita Payment and to establish deadlines for enrollment and claims. MOTION by Louie Adams to approve the August Per Capita distribution and to establish deadlines for enrollment and claims. Seconded by Fred Matt. Carried, unanimous (7 RESOLUTION 94-191 AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION, MT. BE IT RESOLVED, BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES THAT; WHEREAS, the Tribal Council established policy to make Per Capita Payments to Tribal Members three times annually during the months of December, April and August of each fiscal year; and WHEREAS, said Policy states that three equal per capita payments of $400.00 will be made annually, and that one half of each per capita distribution for each minor enrolled in the Tribes is to be issued to said minor's parent or guardian and the other one half is to be placed in a trust account with the Bureau of Indian Affairs to accumulate and earn interest until said minor has reached legal age, now, therefore, BE IT RESOLVED, by the Tribal Council of the Confederated Salish and Kootenai Tribes that the Area Director is requested to authorize the $400.00 per capita distribution to be made during the month of August 1994 and BE IT FURTHER RESOLVED, that the Executive Treasurer is directed and authorized to request sufficient Tribal monies on deposit in the United States Treasury to be advanced to local status to effect said distribution, and BE IT FURTHER RESOLVED, that the Superintendent, Flathead Agency and the Executive Treasurer are authorized to apply these funds to judgements held by Tribal Court, to assignments
through Tribal Credit and to those accounts under the control of the Superintendent. BE IT FURTHER RESOLVED, that the August 1994 Per Capita Distribution will be made to those members enrolled in the Tribes as of July 1, 1994 at 4:30 P.M., and BE IT FINALLY RESOLVED, that the deadline for withholding claims for funds to be withheld from individuals August 1994 per capita for judgments, assignments and IIM holds through the Superintendent, shall be no later than July 1, 1994 at 4:30 P.M. Ruth Swaney, Personnel, and Chief Judge Joseph Moran, presented the applicants for the Associate Judge (Part-time) position. It was the Consensus of Council to authorize Chief Judge Joseph Moran to conduct the interviews for the (Part-time) Associate Judge position and present his recommendations back to Council. Council adjourned at 3:18 p.m., and will meet again on Friday, June 17, 1994. CONFEDERATED SALISH AND KOOTENAI TRIBES /sgnd/ Joseph E. Dupuis Executive Secretary mins.9459.061494.tls