Modified Phase 3 Reopening Plan

Click here for Resolution 2020-331 Enacting Phase 3

SPOKANE TRIBE OF INDIANS
Modified Phase 3 Reopening Plan

1. DEFINITIONS

A. “Member” means an enrolled member of the Spokane Tribe of Indians.

B. “Descendant” means the first-generation biological child of a Member.

C. “Spouse” means an individual legally married to a Member.

D. “Resident” means an individual who resides on the Spokane Indian Reservation and includes moorage customers located at Two Rivers Marina.

E. “Non-Member” means an individual enrolled in any federally recognized Indian tribe other than the Spokane Tribe of Indians. Spouses and Descendants are excluded from the definition of Non-Member for purposes of this Resolution.

F. “Non-Indian” means an individual who is not enrolled in a federally recognized Indian tribe. Spouses and Descendants are excluded from the definition of Non-Indian for purposes of this Resolution.

G. “Recreational Area” means recreational resources, including but not limited to campgrounds and areas around lakes, streams, and rivers. As used in this Resolution, “Recreational Area” does not include the Pow-Wow Grounds.

H. “Social Distancing” means maintaining a distance of at least six feet from any person who is not a member of their immediate household, avoiding public and private gatherings regardless of size, and other limitations and requirements as set forth in Resolution 2020-166.

I. “Day Use” means utilization of Recreational Activities for any reason during the day.

J. “Overnight Camping” means utilization of Recreational Activities which include an overnight component.

K. “Authorized Activities” includes the following:
i. Obtaining necessary supplies and services for family or household members and pets, such as groceries, food and supplies for household consumption and use, supplies and equipment needed to work from home, and products necessary to maintain safety, sanitation and essential maintenance of the home or residence.

ii. Engaging in activities essential for the health and safety of family, household members and pets, including things such as seeking medical or behavioral health or emergency services and obtaining medical supplies or medication.

iii. Caring for a family member, friend, or pet in another household or residence, and to transport a family member, friend or their pet for essential health and safety activities, and to obtain necessary supplies and services.

iv. Engaging in outdoor exercise activities, such as walking, hiking, running or biking.

v. Engaging in Day Camping, Overnight Camping, or Fishing, as authorized by this or future Resolution.

vi. Any other activity not prohibited by Resolution of the Council, subject to any applicable limitations such as Social Distancing requirements.

L. “Employment” uses the common definition of the word and is not limited to employment in essential services.

M. “Vulnerable Individuals” means individuals who are at higher risk of severe illness or death from COVID-19 due to being over sixty-five (65) years of age or who have serious underlying medical conditions as identified by the Centers for Disease Control and Prevention.

N. “Home” or “Residence” includes hotels, motels, shared rental units, shelters, and similar facilities.

O. “Social Distancing” means maintaining a distance of at least six feet from any person who is not a member of the immediate household.

P. “High Risk Location” refers to any location which the CDC or Washington State Department of Health (“DOH”) recommends that travelers avoid all non-essential travel to. This includes, but is not limited to, countries and regions designated as Level 3 according to the CDC’s Geographic Risk Assessment for COVID-19 Transmission located at https://www.cdc.gov/coronavirus/2019-ncov/travelers/map-and-travel-notices.html

Q. “Social Gathering” means a gathering of any size for social, spiritual and/or recreational purposes. Social Gatherings include, but are not limited to, community, civic, public, leisure, faith-based, or sporting events; parades; concerts; parties; festivals; conventions; fundraisers; weddings; funerals; memorials; meals with individuals who are not part of a single household; and similar activities.

R. “Face Mask” means a mask or face covering which covers both the nose and mouth.
i. Face Masks can be:
a. A sewn mask with ties or straps that goes arounds the head or behind the ears;
b. Several layers of fabric tied around a person’s head;
c. Made from a variety of materials like cotton, fleece, or linen;
d. Factory-made or home-made;

ii. Face Masks with valves or openings on the front are unsafe as they permit droplet release from the mask, without filtration, and put others at risk. Individuals shall not wear Face Masks with valves or openings in the front.

S. “Spokane Indian Country” includes all lands within the exterior boundaries of the Spokane Indian Reservation and all off-Reservation trust lands.

T. The term “Family Members” includes immediate family members and extended family members.
i. “Immediate family member” shall mean a partner, parents, children, step-children, step-parents, fostered or adopted children, brothers, sisters, mother-in-law, father-in-law, sister and brother in-law, daughter and son in-law, grandchildren and grandparents, whether biological, adoptive, step, foster, de facto, in loco parentis, or by guardianship.
ii. “Extended” family is defined as family that extends beyond the immediate family consisting of aunts, uncles, nieces, nephews, and first cousins, whether biological, adoptive, step, foster, de facto, in loco parentis, or by guardianship.

U. “COVID-19 Emergency Resolution” means any Tribal resolution approved by the Council which enacts policy, procedure, guidance, regulation, or law related to COVID-19, including but not limited to safety measures or otherwise responding to or mitigating the ongoing COVID-19 pandemic and its impacts.

W. “Home” means an individual’s house, mobile home, apartment, condominium, hotel or motel room, or other dwelling unit.

X. “Family Representative” means the individual who requests to hold a Religious or Cultural Ceremony and assumes the responsibility of ensuring the Religious or Cultural Ceremony follows the requirements of all applicable COVID-19 Emergency Resolutions.

Y. “Religious or Cultural Ceremony” means any gathering held for a religious or cultural purpose including but not limited to funerals, wakes, weddings, stick game, pow-wows, jump dances, sweats, and similar traditional ceremonies.

Z. “Live Entertainment” means any activity in which an individual or individuals perform for an audience of an individual or individuals, where all are physically present. Live Entertainment encompasses:
i. All musical performances, including but not limited to, group acts, soloists, and disc jockeys;
ii. All stage productions, including but not limited to, theater, dancing, comedy, poetry, acrobatics, performance art, and animal stunts.
iii. Any combination of the activities above and all substantially similar activities.

2. FACE MASKS REQUIRED

A. Every person in Spokane Indian Country, including non-Residents, must wear a Face Mask that covers their nose and mouth any time they are outside their Home.

i. If a person lives in a congregate living setting where they share living facilities with other residents, their dwelling unit is their bedroom. Such persons must wear a face covering when they are outside their bedroom, including inside the building, subject to the exceptions below:
a. Congregate living settings include, but are not limited to, dormitory buildings, nursing homes, assisted living facilities, adult family homes, other long-term care facilities, group care facilities, and other similar settings.
b. Unless listed above, congregate living settings do not otherwise include houses, mobile homes, apartments, condominiums, hotel or motel rooms, supported living homes, medical centers, or treatment centers.
c. A bedroom includes any living space, bathroom, or facility attached to the bedroom that is not generally open to other residents of the congregate living setting.
d. Non-Family Members who live in congregate living settings are not household members.

B. Individuals may remove their Face Masks when they are outside of their Home under the following circumstances:

i. While engaged in the act of drinking or eating, provided that:
a. People eating or drinking in congregate settings maintain a distance of at least six feet from each other to the extent reasonably possible; and
b. People eating or drinking in other settings outside of a Home maintain a distance of at least six feet from non-household members;
ii. While engaged in indoor or outdoor exercise activities, such as walking, hiking, bicycling, or running, provided that a distance of at least six feet is maintained from non-household members;
iii. While in an outdoor area, provided that a distance of at least six feet is maintained from non-household members;
iv. When any party to a communication is deaf or hard of hearing and not wearing a Face Mask is essential to communication;
v. While obtaining a service that requires a temporary removal of the Face Mask;
vi. While sleeping;
vii. When necessary to confirm the individual’s identity; and
viii. When tribal or federal law, or applicable state law, prohibits wearing a Face Mask or requires the removal of a Face Mask;
ix. While showering, bathing, or engaging in other personal hygiene or grooming activities that require the removal of the face covering;

C. The following individuals are exempt from the requirement to wear a Face Mask:

i. Children younger than five (5) years old; and
a. Children who are younger than two (2) years old should never wear Face Masks due to the risk of suffocation.
b. Children who are two, three, or four years old, with the assistance and close supervision of an adult, are strongly recommended to wear a face covering at all times in settings, like grocery stores or pharmacies, where it is likely that a distance of at least six feet cannot be maintained from non-household members and where Vulnerable Individuals are likely to be present.
ii. Persons with a medical condition, mental health condition, or disability that prevents wearing a Face Mask. This includes, but is not limited to, persons with a medical condition for whom wearing a Face Mask could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a Face Mask without assistance.
iii. Persons who are incarcerated and the correctional facility has internal guidance on the wearing of face coverings for both incarcerated individuals and staff.

D. Face shields are not an acceptable substitute for Face Masks.

E. Conflicting Orders
i. Other agencies and officials have taken or make take action to require the wearing of Face Masks in certain settings and jurisdictions and for certain purposes. Every person in Spokane Indian Country must wear a Face Mask whenever legally required to do so by this Resolution or by the action of any other agency or official. This Resolution and the actions of other agencies and officials must be followed to the extent they are not in conflict.
ii. If this order and the action of any other agency or official are in conflict, the more protective requirement must be followed, unless prohibited by tribal or federal law.

F. Children in childcare facilities and K-12 public and private schools may use face shields as an alternative to a cloth face covering only where authorized pursuant to a separate Resolution or, in the case of the Wellpinit School District, an order of Governor Inslee or his designee.

G. The Face Mask requirement contained in this Section shall not apply to the Chewelah Casino or the Spokane Tribe Casino (collectively, the “Casinos”). Instead, the Casinos shall follow the Health and Sanitation Guidelines (COVID-19) as approved by Spokane Tribal Gaming Commission Resolution No. 2020-007, or as amended.

H. No employee may work within Spokane Indian Country unless that employee wears a Face Mask when working, except when working alone, when the job involves no in-person interaction, or when the employee is exempted from wearing a Face Mask pursuant to an appliable Resolution.

3. PLAYGROUNDS AND PARKS

A. Facilities such as parks and sports fields may reopen to the general public, subject to Social Distancing and higher per-use sanitation requirements.

4. RECREATIONAL AREAS: CAMPING AND FISHING

A. The fishing and camping restrictions imposed by Resolution 2020-166, as amended by Resolutions 2020-202, 2020-223, and 2020-231 are hereby amended as follows:

i. Day Use:
a. Only Members, Spouses, Descendants, and Residents, as well as their Family Members and individuals in their immediate household, may engage in Day Use at Recreational Areas, subject to Social Distancing requirements.
b. Spouses, Descendants, Residents, as well as their Family Members and individuals in their immediate household, do not need to be accompanied by a Member in order to engage in Day Use.
c. Day Users must remove all vehicles, campers, trailers, and all equipment and belongings from all Recreational Areas from the hours of 9 PM to 5 AM on a daily basis.
d. Day Use at all Recreational Areas shall remain closed to the general public for the remainder of the 2020 calendar year.

ii. Overnight Camping:
a. Only Members, Descendants, Spouses, as well as their Family Members and individuals in their immediate households, may engage in Overnight Camping at Recreational Areas, subject to Social Distancing requirements.
b. Descendants and Spouses, as well as their Family Members and individuals in their immediate households, do not need to be accompanied by a Member in order to engage in Overnight Camping.
c. The Two Rivers RV Park and McCoy’s Marina may remain open to the general public for Overnight Camping, subject to Social Distancing Requirements.
d. Overnight Camping at all Recreational Areas, other than those listed in Section 4(A)(ii)(c) above, shall remain closed to the general public for the remainder of the 2020 calendar year.

iii. Fishing:
a. Reservation-wide fishing shall remain limited to Members, Spouses, and Descendants, except as described in Section 4(A)(iii)(c) below, and subject to Social Distancing and applicable license or permit requirements.
b. Spouses and Descendants do not need to be accompanied by a Member in order to engage in reservation-wide fishing unless otherwise required by license or permit requirements.
c. Non-Members and Non-Indians may engage in fishing at Little Falls and the Two Rivers Marina, and these locations only, subject to Social Distancing and applicable license or permit requirements. All other water bodies and Recreational Areas shall remain off-limits to Non-Members and Non-Indians for purposes of fishing.

B. Pow-Wow Grounds:

i. Day Use at the Pow-Wow Grounds shall be subject to the following regulations:
a. Limited to Members, Spouses, Descendants, as well as their Family Members and individuals in their immediate households.
b. Subject to Social Distancing requirements.
c. Day Users must remove all vehicles, campers, trailers, and all equipment and belongings from all Recreational Areas from the hours of 9 PM to 5 AM on a daily basis.
d. Spouses and Descendants, as well as their Family Members and individuals in their immediate household, do not need to be accompanied by a Member in order to engage in Day Use at the Pow-Wow Grounds.

ii. Overnight Camping at the Pow-Wow Grounds shall be subject to the following regulations and restrictions:
a. Limited to Members, Spouses, Descendants, as well as their Family Members and individuals in their immediate households.
b. Subject to all applicable Social Distancing requirements.
c. All Overnight Camping authorized under this Resolution shall be limited to a total of thirty (30) calendar days.
d. The Council grants the Executive Director all necessary authority to approve requests for Overnight Camping at the Pow-Wow Grounds. Such approval shall be in writing, with written notice to the Council, and in compliance with the regulations herein.
e. All individuals authorized for Overnight Camping at the Pow-Wow Grounds must vacate the premises, with all belongings removed, by 10:00 AM on August 3, 2020.
f. Capacity is limited to twenty-five (25) Overnight Camping requests at any one time. The Executive Director shall not approve any Overnight Camping request in excess of this number.
g. Descendants and Spouses, as well as their Family Members and individuals in their immediate households, do not need to be accompanied by a Member in order to engage in Overnight Camping at the Pow-Wow Grounds.

5. STAY AT HOME ORDER

A. Vulnerable Individuals are strongly encouraged to cease leaving their home or place of residence except (1) to conduct or participate in Authorized Activities, and/or (2) for employment purposes. Social Distancing requirements shall remain in effect at all times.

B. Stay Home – Stay Safe. All residents of the Reservation are encouraged to remain at their home or place of residence as much as possible to limit the spread of COVID-19.

6. SOCIAL DISTANCING, SOCIAL GATHERINGS, AND NON-ESSENTIAL TRAVEL

A. Social Distancing:

i. When individuals leave their homes or residences for any reason, they must at all times maintain a distance of at least six (6) feet from any person who is not a member of their immediate household. For the sake of clarity, this Face Mask requirement applies to all Social Gatherings and Religious or Cultural Ceremonies, both public and private; it also applies to business settings, government buildings, and tribal businesses and facilities to the extent reasonably possible.

B. Social Gatherings:

i. All individuals shall immediately cease participating in Social Gatherings larger than ten (10) .

ii. All Live Entertainment is prohibited except performances outdoors for members of the same household where social distancing of a minimum of ten (10) feet is always maintained from the entertainer and Face Masks are worn by all individuals.
a. This prohibition applies without regard to the nature or location of the event, whether or not the performer receives compensation, and whether the performer is featured or in the background.
b. This prohibition does not apply to household members within their own homes or to authorized Religious or Cultural Ceremonies.

iii. All Social Gatherings shall be subject to the following:
a. Social Distancing requirements must be followed at all times.
b. Facemasks must be worn at all times.
c. Organizers and/or hosts shall limit Social Gatherings to no more than ten (10) individuals, including staff..
d. Attendance records documenting all individuals present at a Social Gathering, including staff, must be collected and retained for a period of thirty (30) days.

iv. The Social Gathering requirements set forth in this Section shall not apply to the following:
a. Social Gatherings which solely include people who are part of a single household or residential living unit;
b. Authorized Religious or Cultural Ceremonies

C. Travel:
i. Individuals are directed to minimize travel and remain in their home or place of residence as much as possible.

ii. Tribal Governmental Employees must obtain the Executive Director’s written approval prior to travelling. The Executive Director shall review all requests on a case-by-case basis. Tribal Employees shall not travel to High-Risk Locations under any circumstances.

7. RELIGIOUS OR CULTURAL CEREMONIES

A. Religious or Cultural Ceremonies shall not take place in Spokane Indian Country without the prior express written authorization of Council or their designee, on a case by case basis (the “Authorization”).

i. Any authorization approved pursuant to this Section must be documented via a written permit, the form of which shall be approved by Council, which shall address the following requirements at a minimum:
a. The Tribe shall provide a copy of the most recent applicable resolutions and policies and procedures to the Family Representative;
b. Any permits must include a certification whereby the Family Representative states that they understand, and agree to enforce to the best of their ability, all applicable COVID-19 Emergency Resolutions.

B. All Religious or Cultural Ceremonies shall be subject to the following requirements and limitations at all times:

i. All Religious or Cultural Ceremonies held indoors shall be limited to thirty (30) individuals, including staff.

ii. At least six feet of physical distancing between households is required at all times.

iii. Face Masks must be worn as required by this Resolution.

iv. Attendance records documenting all individuals present at a Religious or Cultural Ceremony must be collected and retained for a period of thirty (30) days. A copy of all attendance records must be given to the Tribal Health Officer for contact tracing purposes.

v. Receptions and buffet-style meals are prohibited.

C. Tribal Law Enforcement.

i. Tribal law enforcement, or a representative designated by the Chief of Police and approved by the Council, shall be present at all Religious or Cultural Ceremonies to ensure compliance with all applicable COVID-19 Emergency Resolutions including but not limited to attendance and capacity limits, social distancing requirements, Face Mask use, and collecting attendance documentation.
ii. Tribal law enforcement shall disperse any Religious or Cultural Ceremonies not in strict compliance with this Resolution, and shall hold any and all individuals who violate this Resolution, or any applicable COVID-19 Emergency Resolution, accountable to the fullest extent of the law.
D. Where a Family Representative fails to enforce any applicable COVID-19 Emergency Resolution at their Religious or Cultural Ceremony, the Family Representative shall be subject to penalties as set forth in Resolution 2020-166 or other applicable Resolution.

8. TRIBAL SHUTDOWN AND LEAVE POLICIES

A. All Tribal Operations shall reopen subject to various approved COVID-19 safety policies and procedures (the “COVID-19 Policies”).

i. All individuals must follow all applicable COVID-19 Policies, as they currently exist or as amended/updated, while utilizing Tribal facilities. Where applicable, all COVID-19 Policies shall implement internal Phase II requirements.

ii. COVID-19 Policies include, but are not limited to:
a. COVID-19 Workplace Policies;
b. COVID-19 Return to Work Procedures;
c. COVID-19 Facility Use Procedures;
d. Heightened Sanitization Requirements;
e. Telework Policies;
f. COVID-19 Sick Leave Policies;
g. COVID-19 Communication Plan;
h. Screening policies and entry controls; and
i. Other policies which may modify working conditions to protect the health and safety of employees and/or the general public.

iii. Applicable COVID-19 Policies may vary by department, program, facility, or location. Certain departments or programs may have higher safety precautions to address unique risks and challenges.

iv. The Council grants the Emergency Leadership Team, as appointed in Resolution 2020-154, all necessary authority to approve and amend any and all COVID-19 Policies to protect the health and welfare of Tribal employees and the general public. Such approval or amendment shall be in writing and approved by the Director of the Emergency Leadership Team or their designee, with written notice to the Council.

v. The Tribe recognizes that certain tribal facilities, including but not limited to the Spokane site for Tribal TANF, are located on fee land outside the exterior boundaries of the Reservation and may therefore be subject to State and other local safety requirements.

9. CONSTRUCTION

A. Resolution 2020-223, which conditionally authorizes Low-Risk and Essential Construction, shall remain in full force and effect until amended or terminated by Resolution of the Council.

10. VULNERABALE INDIVIDUALS

A. Vulnerable Individuals are strongly encouraged to remain in their home or place of residence to the maximum extent possible. Vulnerable Individuals are also strongly encouraged to teleworking/telecommuting as much as possible.

B. All persons with Vulnerable Individuals in their immediate households are encouraged to follow all recommended CDC and DOH guidelines, including Social Distancing and wearing facemasks in public. Returning to work or engaging in Authorized Activities, especially in environments where Social Distancing is not practical, can carry the COVID-19 virus into the home and infect Vulnerable Individuals.

C. All persons are encouraged to stay up-to-date on current COVID-19 health and safety guidelines. Education on best practices is key to mitigating the risk to Vulnerable Individuals.

11. GYMS AND EXERCISE FACILITIES

A. Gyms and similar exercise facilities may open to the general public subject to heightened sanitation protocols and strict Social Distancing requirements.

B. Face Masks shall be worn as required by this Resolution.

C. Such facilities shall not open if they are unable, or refuse, to follow sufficient sanitization protocols.

12. ORGANIZED YOUTH ACTIVITIES

A. Organized youth activities, including but not limited to the youth centers and daycares, may continue providing services in compliance with applicable guidance including but not limited to the following items:
i. Enhanced entry screening;

ii. Sanitization and prevention protocols based on CDC/DOH guidance.

13. SENIOR CENTERS

A. Senior centers may resume multi-person visits provided the senior center screens guests for COVID-19 symptoms.

B. All individuals must wear Face Masks at all times and strictly follow Social Distancing requirements.

C. Senior center staff and employees must maintain heightened hygiene.

14. BUSINESSES

A. No business may operate, allow a customer to enter a business, or conduct business with a customer inside any building that is open to public or outdoors in a public place unless the customer is wearing a Face Mask , as required by this Resolution.

B. No individual may enter a place of business, whether the business is operating indoors or outdoors, without first donning a Face Mask, unless the individual does so under circumstances expressly exempted from this requirement under an applicable Resolution.

C. The owner of any business which fails to follow the requirements of this Section shall be subject to penalties as set forth in Resolution 2020-166 or other applicable Resolution.

D. The limitations and requirements set forth in this Section shall not apply to the following:
i. the Tribe’s Casinos, which remain subject to internal policies, regulations imposed by the Spokane Tribal Gaming Commission, and applicable COVID-19 Emergency Resolutions;
ii. Spokane Tribal Enterprises, which remain subject to internal policies, regulations imposed by the Enterprise Board of Directors, and applicable COVID-19 Emergency Resolutions;
iii. tribal governmental facilities and programs, which remain subject to internal COVID-19 policies and procedures, regulations imposed by the Council or the Executive Director, and applicable COVID-19 Emergency Resolutions.

15. CONFLICTS WITH TRIBAL LAWS

A. In the event this Resolution, or any COVID-19 Emergency Resolution, conflicts with any provision of the Revised Spokane Law and Order Code or other Tribal law, the terms and conditions of the COVID-19 Emergency Resolutions shall control.

B. In the event this Resolution, or any COVID-19 Emergency Resolution, conflicts with any other COVID-19 Emergency Resolution, the terms and conditions of the most recent COVID-19 Emergency Resolution shall control.