Published under the authority of the Minister of Indian Affairs and Northern Development Ottawa, 2000 http://www.inac.gc.ca

QS-5351-000-BB-A1 Catalogue No. R31-11/2000 ISBN 0-662-65038-7

© Minister of Public Works and Government Services

i

MINISTER'S FOREWORD

The key achievement of this review period was the signing of an agreement for one First Nation. In addition to the Council for Yukon Indians Umbrella Final Agreement, the first four First Nation final agreements (Champagne and Aishihik, Teslin Council, Nacho Nyak Dunl, Vuntut Gwitch'in), and the next two final agreements (Selkirk, Little Salmon/Carmacks), the signing and coming into effect of the Trondëk Hwëch'in Final Agreement and SelfGovernment Agreement brings the total to seven of the 14 Yukon with final land claim agreements. On September 15, 1998, the Tr'ondëk Hwëch'in agreements came into effect, reflecting continued progress in the signing of comprehensive claims agreements in the Yukon.

This fourth annual report is based on the implementation of the agreements for the seven First Nations noted above. I am pleased that participation from these First Nations, as well as from the governments of Yukon and Canada and other implementing bodies, has made this report possible for another year. The review is intended to provide brief highlights of the various implementation activities from all parties involved during the 1998-1999 fiscal year. The activities during this period demonstrate the importance of partnerships in working toward the successful implementation of these agreements.

I look forward to ongoing negotiation and settlement of land claim and self- government agreements for the remaining seven Yukon First Nations.

The Honourable Robert D. Nault, PC., M.P. Minister of Indian Affairs and Northern Development

TABLE OF CONTENTS

MINISTERS FOREWORD ...... i IMPLEMENTATION HIGHLIGHTS ...... 1 INTRODUCTION ...... 2 SUMMARY OF IMPLEMENTATION ACTIVITIES AND BACKGROUND ...... 3 IMPLEMENTATION WORKING GROUP ...... 3 BOARDS, COUNCILS, COMMITTEES AND COMMISSIONS ...... 3 Dispute Resolution Board ...... 3 Enrolment Commission ...... 3 Fish and Wildlife Management Board ...... 4 Yukon Geographical Place Names Board ...... 4 Yukon Heritage Resources Board ...... 5 Yukon Land Use Planning Council ...... 5 Renewable Resources Council ...... 6 Yukon Salmon Committee ...... 6 Settlement Land Committees ...... 6 Yukon Surface Rights Board ...... 6 Training Policy Committee ...... 7 Yukon Water Board ...... 8 FIRST NATIONS ...... 8 Champagne and Aishihik First Nation ...... 8 First Nation of Nacho Nyak Dun ...... 9 ...... 9 Vuntut Gwitchin First Nation ...... 9 Little Salmon/Carmacks First Nation ...... 10 ...... 11 Tr’ondëk Hwëch’in ...... 11 Council of Yukon First Nations ...... 12 YUKON GOVERNMENT ...... 12 Executive Council Office, Land Claims and Implementation Secretariat ...... 12 Department of Community and Transportation Services, Municipal and Community Affairs Division ...... 13 Department of Economic Development ...... 14 Department of Education ...... 14 Department of Health and Social Services ...... 14 Department of Justice ...... 14 Department of Renewable Resources ...... 15 Department of Tourism, Heritage Branch ...... 16 Department of Tourism, Industry Services Branch ...... 17 Public Service Commission ...... 17 Yukon Housing Corporation ...... 18 GOVERNMENT OF CANADA ...... 18 Department of Indian Affairs and Northern Development ...... 18 Department of Canadian Heritage ...... 20 Environment Canada ...... 21 Fisheries and Oceans Canada ...... 23 Natural Resources Canada, Legal Survey Division ...... 23 Public Service Commission ...... 23 Public Works and Government Services Canada ...... 24 Federal Implementation Coordination ...... 24 APPENDIX 1: YUKON FIRST NATIONS ...... 26 APPENDIX 2: FEATURES OF THE UMBRELLA FINAL AGREEMENTS ...... 27 APPENDIX 3: FEATURES OF THE FIRST NATIONS FINAL AGREEMENTS ...... 28 APPENDIX 4: FINANCIAL COMPENSATION PAYMENTS ...... 31 APPENDIX 5: COSTS OF IMPLEMENTATION ...... 32 APPENDIX 6: MEMBERSHIP - IMPLEMENTING BODIES ...... 33 APPENDIX 7: LIST OF ACRONYMS ...... 35 APPENDIX 8: MAP OF TRADITIONAL TERRITORIES ...... 36

1

IMPLEMENTATION HIGHLIGHTS

• Steady progress in the survey program which • Recommendations to the Parties by the Land provided nearly $700,000 in direct economic Use Planning Council to create eight Regional benefit to Yukon First Nation communities. Land Use Planning Commissions in the Yukon. • Settlement payments totalling $ 13.7 million (net of loan repayments) were made to the • Passage by the CAFN of its first three self- seven Yukon First Nations with Final government Acts. Agreements. • Passage by Little Salmon/Carmacks First • Significant progress by the Parties in Nation (LSCFN) and the Tr'ondëk Hwëch'in addressing the adequacy of funding aspects of (TH) of their initial set of laws enacted the five-year review of the first four First pursuant to their respective Self- Government Nation Final Agreement implementation plans. Agreements (SGAs).

• Completion and approval by the Champagne • The TH Final and Self-Government and Aishihik First Nation (CAFN) Chief and Agreements came into effect, and the TH Council of an Economic Opportunities Plan. made significant progress in setting up their internal organization.

2

INTRODUCTION

The Yukon Territory is home to 14 individual Yukon First Nations Self-Government Act was First Nations representing approximately 8,250 given assent on July 7, 1994. The Yukon Yukon Indian People (see Appendix I). In 1973, Surface Rights Act, an essential companion these First Nations formed an umbrella piece of legislation, received Royal Assent on organization, known as the Council for Yukon December 15, 1994. The effective date of the Indians (CYI), to pursue a comprehensive land Yukon Surface Rights Act, the land claim and claim with the federal government. In 1995, the self-government settlement legislation, the first CYI changed its name to the Council of Yukon four First Nation final agreements and the UFA First Nations (CYFN). was February 14, 1995.

In 1989, Canada, Yukon and the CYI reached The Little Salmon/Carmacks First Nation an agreement-in-principle which became the (LSCFN) and Selkirk First Nation (SFN) Final basis for the Council for Yukon Indians Umbrella and Self-Government agreements were signed Final Agreement (UFA). Shortly after the on July 21, 1997. The agreements took effect conclusion of the agreement-in-principle, the October 1, 1997. The Trondëk Hwëch'in (TH) Parties also agreed that, rather than a single Final and Self-Government agreements were territory - wide agreement, individual final signed on July 16, 1998, and came into effect on agreements embodying the provisions of the October 1, 1998. UFA would be concluded with each of the 14 Yukon First Nations (YFNs). To date, the seven Yukon First Nations with final agreements comprise 4,947 beneficiaries with On May 29, 1993, representatives of Canada, settlement land of 27,291 square kilometers of Yukon and the CYI signed the UFA. On the which 18,130 square kilometers include same date, final agreements incorporating the ownership of mines and minerals. This UFA were signed between Canada, Yukon and constitutes their portion of the 14 Yukon First the Teslin Tlingit Council (TTC), the Champagne Nations land which totals 41,590 square and Aishihik First Nations (CAFN), the Vuntut kilometers including 25,900 square kilometers Gwitchin First Nation (VGFN) and the First with ownership of mines and minerals. The Nation of Nacho Nyak Dun (NND). seven YFNs will receive financial benefits of $133,879,622 (1989 dollars) to be paid over 15 At the same time, self-government agreements years, with the total for all 14 YFNs being were concluded with the same four First $242,673,000. Nations. These agreements are based on a model signed by the First Nations and the Negotiations to conclude final agreements with federal and territorial governments in 1991. It the remaining seven First Nations continue. provides a basic structure for each First Nation's While several more final agreements are individual self-government. expected to be concluded shortly, the focus of this review is on the fourth fiscal year of Enabling legislation in the form of the Yukon implementation of the current land claim First Nations Claims Settlement Act and the settlement final agreements.

3

SUMMARY OF IMPLEMENTATION ACTIVITIES AND BACKGROUND

IMPLEMENTATION WORKING • In March 1999, the Parties agreed to move the GROUP issue of adequacy of First Nation implementation funding to the Program and

The Umbrella Final Agreement (UFA) Services Transfer Agreement (PSTA) Implementation Plan and the First Nations' Final negotiation table. Agreement implementation plans require each party to name a representative to act on its BOARDS, COUNCILS, behalf in resolving implementation issues. While COMMITTEES AND COMMISSIONS there is no requirement in the Yukon agreements for a formal committee, in 1994 the Dispute Resolution Board parties resolved to establish an informal working group to monitor the implementation of the The Dispute Resolution Board provides a agreements and to address implementation process for dispute resolution through mediation issues. The working group consists of and arbitration of conflicts arising from the representatives of Canada, the Yukon interpretation, administration or implementation Government, the Council of Yukon First Nations of settlement agreements or legislation. Board (CYFN) and the seven First Nations with final members must also resolve specific disputes agreements. identified in the self-government agreements and facilitate the out-of court resolution of • During the review period, the Working Group's disputes in a non-adversarial and informal main Focus was the five - year review of the atmosphere. The Board consists of three UFA and Final Agreement implementation members jointly selected and appointed by the plans. By agreement set out in the CYFN, Canada and Yukon. implementation plans, the parties are required to review these plans to determine the During the reporting period, no cases were adequacy of their provisions and of their referred to the Board. implementation funding.

• Enrollment Commission A separate five - year review working group, composed mainly of implementation working The Enrollment Commission was established group members, was established to carry out under the provisions of the UFA on July 1, 1989. this work. The group met five times in Settlement legislation gives the Commission the during the year. power to determine eligibility for enrollment, to

hear and adjudicate any appeal respecting • Progress achieved through these meetings enrollment and to provide for the enforcement of included drafting terms of reference, any order or decision. This Commission is an development of a work plan, preliminary independent body operating at arm's length from review of the status of implementation the Parties to the settlement agreements. The obligations and an initial list of possible Enrollment Commission will operate until implementation plan amendments and dissolution pursuant to UFA section 3.10.4, potential implementation issues. Considerable which states that it will operate For 10 years effort was also spent in developing a from the settlement legislation effective date of methodology to review the adequacy of First February 14, 1995, or for two years after the last Nation implementation Funding. First Nation Final Agreement is signed, • During this review, it became apparent that whichever occurs first. At dissolution, the there was considerable overlap between Enrollment Commission will turn over all issues regarding the adequacy of First Nation documents and records to the Dispute implementation funding and separate Resolution Board. negotiations with First Nations to reach agreements on the transfer of Northern Affairs Programs and Services to First Nations.

4

The membership comprises three During this review period, the FWMB: Commissioners and their alternates. One Commissioner and an alternate are nominated • published a comprehensive annual report; by the CYFN, one Commissioner and alternate are jointly nominated by the federal and Yukon • continued with major work on habitat territorial governments, and the third protection, access management, catch and Commissioner and alternate are chosen by the release, and harvest monitoring; two other nominees. Appointments are made by the Minister of Indian Affairs and Northern • recommended new regulation proposals for Development. fish and wildlife management in coordination with Renewable Resources Councils (RRCs), The Enrollment Commission has established the Department of Renewable Resources and working relationships with Yukon First Nations, the public; various First Nations outside Yukon, and federal and territorial government agencies. The Yukon • networked with RRCs to coordinate input and Government's Family and Children's Services recommendations concerning local and and the Enrollment Commission work together territory-wide management issues; to enroll YFN descendants whose adoptions occur within Yukon. Family and Children's • liaised with the Board of Game to Services also works with adoption agencies guarantee the continued recovery efforts for outside of the Yukon to ensure that YFN the Forty Mile Caribou Herd; and descendants whose adoptions occurred outside Yukon are enrolled. Enrollment applications and • held regular working group meetings to information packages have been mailed to discuss specific concerns. adoption agencies across Canada and Alaska, as well as to various Canadian Friendship Yukon Geographical Place Names Centres. Advertising regarding enrollment in the Yukon Land Claim has appeared in major Board newspapers across Canada. As of March 31, 1999, a total of 8,287 beneficiaries have been The Yukon Geographical Place Names Board enrolled among the 14 Yukon First Nations. (YGPNB), established under the UFA, recommends to Yukon government the naming Pursuant to section 3.9.0 of the CAFN, NND, or renaming of places or features located within VGFN and TTC final agreements, responsibility the Yukon. There are six members on the for enrollment of beneficiaries was transferred to Board, three nominated by the Yukon these First Nations as of February 14, 1997. The government, and three nominated by CYFN. LSCFN and SFN assumed duties of enrollment, The Yukon Minister of Tourism appoints all with the exception of applications pending Board members. before the Commission, on July 21, 1999. The TH will assume the duties of enrollment, with the During 1998-1999 the following activities were exception of applications pending before the undertaken. Commission, on July 16, 2000. • The YGPN13 received 28 applications for the Fish and Wildlife Management Board naming of geographical features; 32 principle and alternate place names were The Yukon Fish and Wildlife Management Board recommended to the Minister of Tourism for (FWMB) is the primary instrument for the approval; 110 place name applications await management of Fish and wildlife in the Yukon Board review. Many of these require further and thus is mandated to make research before the review can be completed. recommendations on all issues related to fish • and wildlife management legislation, research, The Board recommended to the Minister of policies and programs. The Minister of Tourism the establishment of full-time Renewable Resources appoints the Board of 12 toponymist and toponymist trainee positions. members, consisting of six recommended by the CYFN and six by the Government of Yukon.

5

• The YGPNB recommended to the Minister of • YHRB members visited historic Fort Tourism that highway signs be erected for Selkirk to view at first hand the restoration, recently approved place names. preservation and enhancement of a historic community which is being co-managed by the Yukon Heritage Resources Board Selkirk First Nation and the territorial government. Similar management plans for The Yukon Heritage Resources Board (YHRB), other Yukon communities, which have been established in March 1995 in accordance with negotiated under the terms of recent land the UFA, makes recommendations and provides claim agreements, are expected to be referred advice to federal, Yukon and YFN governments to the Board for review and comment over the concerning the management of Yukon's heritage next several years. resources. It focuses mainly on movable heritage resources (objects) and sites. The Yukon Land Use Planning Council YHRB must consider ways to use and preserve First Nation languages and the traditional The Yukon Land Use Planning Council knowledge of Yukon Indian elders. (YLUPC). established on February 14, 1995, has three members, each independently The YHRB has 10 members, with equal nominated by the CYFN, Canada and Yukon. numbers nominated by the CYFN and Yukon. The Minister of Indian Affairs and Northern One of the members appointed by the Yukon Development appoints the nominees to the government must be acceptable to the Council. Government of Canada. The YLUPC mandate is to make During the 1998 - 1999 review period, the recommendations to government and each following activities occurred. affected First Nation on land use planning, including internal policies, goals and priorities; • Work began on the development of the identification of planning regions and comprehensive operating procedures and priorities for the preparation of regional land use guidelines. plans; terms of reference for each Regional Land Use Planning Commission responsible for • Work began on a strategic plan to develop developing regional land use plans; and the goals, objectives and actions for the next three boundaries of a planning region. years. Several activities occurred during the 1998-1999 • Planning began for a heritage conference review period. designed to bring together Yukoners to gather information about regional and specific • The Council proposed eight planning regions heritage issues and priorities. Results of the for Yukon. conference, scheduled for October, will be used to develop YHRB policies and make • YLUPC opened a new office and hired staff to recommendations to governments. conduct its affairs. The staff comprises an office administrator, a First Nations planner • The YHRB recommended to the signatories of and a planning director. A position for a the UFA the creation of a "Legacy of ' 98" geographical information system aboriginal language strategic planning (GIS)/research technician has also been roundtable as outlined in its language report to identified but will remain unfilled until the first government "What We Gonna Do". regional commission is established.

• The Board recommended to the Minister of • Establishment of a commission in the North Tourism that funding be extended for a Yukon is progressing. The draft General commemorative plague in memory of the men Terms of Reference has been completed, with who lost their lives in the Pueblo Mine disaster the exception of decisions relating to the of March 21, 1917. boundary and composition of the planning commission.

6

Renewable Resources Councils timing and extent of fisheries closures.

The Renewable Resource Councils, established • The YSC began implementation of a Salmon in each First Nation's traditional territory under Conservation Catch Card, which will be used each First Nation Final Agreement (FNFA), are to assess the annual harvest of the salmon the primary instruments for local renewable sport fishery and will contribute to the resource management. Subject to conservation and management of recreational transboundary agreements and YFN final salmon stocks. agreements, each council comprises three nominees of the Yukon First Nation and three • The YSC attended a Dawson sewage hearing, nominees of the Yukon Minister of Renewable and relayed concerns about dam stabilization Resources, who also appoints a chairperson at the headwaters of Clinton Creek. selected by the council. • The YSC reviewed available run timing and Yukon Salmon Committee composition information.

The Yukon Salmon Sub-Committee, which has • The YSC hired a public consultations informally adopted the name Yukon Salmon specialist. Committee (YSC), is the primary instrument of salmon management in Yukon. The YSC • The YSC met with the RRC and user groups consists of two members assigned from the Fish of the Alsek River system to get input on a and Wildlife Management Board (FWMB) and management plan. two nominated by the Minister of Fisheries and Oceans. In addition, the affected First Nation for Settlement Land Committees each of the Yukon, Alsek and Porcupine rivers drainage basins nominates two members who Under the UFA, each First Nation Final sit on the YSC For matters concerning their Agreement establishes a Settlement Land respective drainage basins. The Minister of Committee (SLC) to make recommendations for Fisheries and Oceans appoints the members of surveying settlement lands, including site - the Committee. specific selections, survey priorities and special

management area boundaries. The committees The mandate of the YSC is to make each consist of two members appointed by recommendations to the Minister of Fisheries government and two appointed by the First and Oceans and to YFNs on all matters relating Nation. The Surveyor General appoints a to salmon including habitat, management, representative to chair the committee. legislation, research, policies and programs.

During the 1998-1999 review period, the Yukon Surface Rights Board following activities were undertaken. The Yukon Surface Rights Board (SRB) was • A six-year harvest study of the established on tune 2, 1995 as a Quasi-judicial drainage area is under way to determine the tribunal under Chapter 8 of the UFA. The Board extent to which the Aboriginal fishery meets hears disputes primarily between surface and the needs of each Yukon First Nation. To gain subsurface rights holders as well as other a more thorough understanding of YFN basic related matters in Yukon. needs, a historical record is being compiled which documents traditional fishing sites, Chapter 8 of the UFA allows for up to 10 methods and levels of effort. As the harvest members on the Board, half of whom are study enters its fourth year, the YSC will nominated by CYFN and half by the federal continue to monitor the results with increasing government. The Chair of the Board is interest in anticipation of the study's final appointed by the Minister of Indian Affairs and recommendations. Northern Development on the recommendation of Board members. The SRB is presently • The YSC, in consultation with federal fisheries composed of four members and a Chair. managers, made recommendations for the

7

During the review period, the following activities negotiations. The Committee ensures that were addressed. YFN people obtain training to implement the Land Claims Agreements and to participate fully • Numerous inquiries were made to the Board in economic opportunities arising from the over the year, but none resulted in an agreements. The TPC is also responsible for application to the Board. All active files were establishing training programs For Yukon First concluded in consultation with the applicants. Nations, and for developing guidelines For the expenditure of money from the Yukon Indian • Training remains a priority for the Board, People Training Trust. particularly in the areas of administrative law and dispute resolution. Board members have During the review period, Committee activities been given access to a variety of courses in included the following. both areas. • YFN training plans were assessed to identify • The SRB visited the SFN in Pelly Crossing possible generic training that may be part of and the LSCFN in Carmacks to inform the the three-year work plan. recently established lands and resources departments about surface rights legislation • The TPC consulted with CYFN concerning the and procedures on settlement lands within leadership visioning exercise and the their traditional territories. The Board also Communications and Gathering Strength contributed to an initiative by CYFN to create initiative to ensure continuity in decision terms of reference for a traditional knowledge making. policy. The TPC participated in the following meetings • The Board attended the annual Geoscience and discussions: Forum in Whitehorse to provide information to the mining industry. • Representative Public Service (RPS) plans;

• A Web site has been designed as another • the Yukon Government Training Strategy, means of making information available to the Apprenticeship Program Review; public. The site includes past applications,

relevant legislation, application forms and • traditional knowledge conference hosted by procedures, Board member information, and the FWMB; other matters about the Board. The page can

be found at www.yukonsurfacerights.com • Yukon Department of Advanced Education • The Board completed initial revisions of its Labour Market Development Agreement, rules of procedure. Further revisions will be Yukon Training Strategy; made before changes go out for public • comment later in 1999. Federal government departments - interagency meetings, Human Resources • The Board continued to assist with the on- Development Canada meetings, and going development for training tribunals in the Department of Indian and Northern Affairs' Yukon. The Executive Director For the Board Leadership Training by Public Service sits as the Yukon member on the Canadian Commission - 2000 and Beyond; and Council for Administrative Tribunals. • Yukon College - Board of Governors. Training Policy Committee The TPC has developed the Following The Training Policy Committee (TPC) consists documents: of five representatives: one representative nominated by Canada, one by Yukon and three • Training Policy Committee - Operational by the CYFN. Under UFA Chapter 28, the Guidelines; Committee's mandate is to deal with training matters resulting from the land claim • Training Policy Committee - Personnel Policy;

8

• Yukon Indian People Training Trust - FIRST NATIONS Investment Policy: Champagne and Aishihik First Nations • Yukon Indian People Training Trust - Operational Guidelines: The people of the Champagne and Aishihik First Nations live primarily east of the village of • Yukon Indian People Training Trust - Haines function, the first major community Indenture Agreement. northwest of Whitehorse on the . Haines function is the site of Parks Canada's The TPC is currently working to simplify the administration, headquarters for Kluane National reporting methods while satisfying the reporting Park, a world heritage site. Other settlements or requirements for the First Nations to the Yukon camps within the area include Nesketaheen, Indian People Training Trust. Klukshu, Champagne, Hutchi Lake, Aishihik Lake, , Kluane Lake and Kloo The Yukon Indian People Training Trust is a Lake. The two First Nations of Champagne and $6.5million trust established in 1995. Members Aishihik joined in 1970. who serve on the TPC also serve as trustees. During 1998-1999, the Trust resolved to allocate On November 4, 1998, CAFN held a general 10 per cent of the capital at March 31, 1998, to election for a new Chief and Council. The new the 14 YFNs, resulting in $746,172 being Chief is Bob Charlie, and the Councilors are distributed. With the distribution, at the end of Gerald Brown, Ron Chambers, Chuck Hume, the 1998-1999 fiscal year, the Trust's value Kathy Van Bibber, Kathy Kushniruk and Steve stood at $6,996,377. Smith. Elders Councilors are Moose Jackson and Frank Chambers, and the Youth Councilor Yukon Water Board is Devon Kinney. CAFN citizens held a community dinner to wish a fond farewell to The Yukon Water Board (YWB) was in existence outgoing Chief Paul Birckel, who had been Chief at the time of the settlement. for 18 years. The Board is responsible for the development, conservation and utilization of waters in Yukon. During the 1998-1999 review period the CAFN The UFA sets out several provisions with has undertaken several activities. respect to water management in Yukon. The CYFN nominates one third of the members of • On September 17, 1998, the CAFN Council the Board, and appointments are made by the made history by passing its first three self- Minister of Indian Affairs and Northern government acts: the Income Tax Act, the Fish Development. and Wildlife Act, and the Traditional Activities Protection Act. Board activities during the review period include the Following. • Currently four bills are in various stages of becoming legislation of the CAFN: the • New Board members nominated by CYFN Lotteries Act, the Administration Act, the attended workshops and seminars on Children's Act, and the Finance Act. administrative law and toured project sites where there was a potential impact on water • The CAFN is conducting extensive community flowing on or through settlement land. consultation with regard to developing land policy on Settlement Land. • Orientation meetings for new members were conducted. The Board was also active in • The CAFN continues to work on a government seeking legal opinions regarding the structure that incorporates the responsibilities interpretation of specific requirements under of self-government. This has led to a review of Chapter 14 of the UFA. the Constitution, and Questionnaires have been circulated to consult with citizens on recommended amendments.

9

• CAFN citizens started paying personal income to assist in a more productive process for tax effective January 1, 1999. The CAFN has the implementation of the TTC agreements. entered into a tax-sharing agreement with the Government of Canada and the Government On February 14, 2000, the Council will have of Yukon. been operating under self-government for five years. With the review process identified under • The CAFN continues to participate in section 6.0 of the Self Government Agreement discussions relating to Program and Service (SGA) as a one-time project, the Council must Transfer Agreements (PSTAs). Currently ensure it has the tools available to participate in negotiations are almost complete for the the review. Northern Affairs Program Transfer. The capacity within the Tlingit people of Teslin • The CAFN is developing a funds policy to has been increasing over the last five years. guide the Investment Committee, which is More people are attaining post-secondary levels responsible for the management of of education in all areas of governance, and this compensation dollars. should sustain the self-government process for many generations to come. • The CAFN continues to be involved in various intergovernmental activities including During 1998-1999, there were successful implementation review and renewal, Financial negotiations for the transfer of programs and Transfer Agreement (FTA) review and services to the TTC, under the SGA. The renewal, and taxation negotiations. second PSTA became effective on February 12, 1999. First Nation of Nacho Nyak Dun There are many processes and products from both the Final Agreement and Self-Government Members of NND inhabit land in and around the Agreement implementation plans, including the village of Mayo, 407 kilometers north of land use plan, the economic development plan, Whitehorse on the northern bank of the Stewart the economic opportunity plan, and the forestry River. Historically a fur trade center, the area currently has about 78 traplines. Mayo Landing plan that remains to be addressed. While the was a shipping port for the mining industry until obligations for each party in the agreement are identified in the implementation plans, the TTC a road was built in the 1950s. Mayo's economy is concerned about the different interpretations includes retail outlets, motels and two transport by each party to the agreements. The Council, companies. The tourist trade is expanding with as one of the parties, is now engaging in a more public facilities and tourist businesses opening up. visioning process. It is hoped that the goals to one day walk along the same path with other governments, to be united as a people, to have No report was available for this review period. one common vision and one common goal, can

be achieved. Teslin Tlingit Council

The TTC Self-Government Agreement and Final Vuntut Gwitchin First Nation Agreement came into effect on February 14, The VGFN is in northern Yukon inside the Arctic 1995. The Council is now engaged in several Circle. Its main population center is the processes that were negotiated over the last 20 community of Old Crow on the banks of the years. Porcupine River. The existence of people in Old

Currently, the Council is engaged in the five - Crow has been traced back 30,000 years. This year review of the Final Agreement current site was chosen because of its unique hunting, trapping and fishing location, near Implementation Plan. The items being discussed major spring caribou crossing places and the are amendments to the Implementation Plan, biologically rich Crow Flats which have provided review of status reports, review of outstanding for the needs of Vuntut Gwitchin for countless issues, review of adequacy of funding, and review of boards and committees. The result will generations. be a tool

10

Old Crow is accessible only by air or by boat in • Program Service and Transfer the summer from Fort Yukon, Alaska and Eagle Agreements to take the responsibility for Plains. certain programs (including social services and management of natural resources) This was the fourth year that the Vuntut Gwitchin that are presently delivered by the federal Government exercised the authorities and and Yukon governments; and, responsibilities provided by the Vuntut Gwitchin First Nation Final and Self-Government • the 5 year review of the implementation of Agreements. A few of the highlights of this very the Final Agreement. busy past year are noted below. • Considerable progress was made in • A new leadership was elected, consisting of management planning for a number of Special Chief Joe Linklater and Councillors Roger Management Areas in the traditional territory. Kay, Howard Linklater, Patricia Minekim, and These include: William Josie. • the Vuntut National Park • An integrated strategic plan was developed by the VGFN government to refine and guide the • Fishing Branch Ecological Reserve and implementation of political priorities and the adjacent Settlement Lands, Heritage Sites ongoing delivery of programs and services. (Rampart House and Lapierre House historic sites, and Whitestone Village) • Considerable focus was provided for the effective development of working relations with • the initial planning for the designation of a the Yukon and federal governments, and the broader protected area to include the foundation was established to strengthen watershed of the upper Fishing Branch operational ties with Gwitchin governments in system and surrounding area. Alaska and the . • A number of programs were refocused and • A review of the Vuntut Gwitchin First Nation adjusted, including Housing and Human constitution and legislative and policy making Resources Training programs and the Caribou process was launched. project (lobbying for "1002" lands in the U.S. North Slope). • For the first time Vuntut Gwitchin government legislation was implemented - the Vuntut • The loss of the school in a fire necessitated Gwitchin Income Tax Act; and, a Vuntut using many buildings in the community as Gwitchin Fish & Wildlife Act, and Lands & interim schoolrooms. As a result, office Resources Act have been drafted and facilities are small, cramped and relatively reviewed publicly in preparation for inefficient. In the process of rebuilding, the implementation in 1999. VGFN has also begun to develop a new community physical development plan which • Preparatory steps were taken to set up the is needed to deal with our expanding Vuntut Gwitchin Trust to protect the assets of community needs and unique issues of being the First Nation, and the Vuntut Development a community in North Yukon. Corporation to assist the development of economic opportunities in the traditional Little Salmon/Carmacks First Nation territory by VGFN citizens and corporate entities. Carmacks is about 160 kilometers north of Whitehorse on the Klondike Highway. The • Ongoing negotiations were conducted with community has a population of approximately Canada to achieve: 500 of which 65 per cent are citizens of the Little Salmon/Carmacks First Nation. LSCFN is one of • a new Financial Transfer Agreement three First Nations of the which provides the base funding for the Council. VGFN government;

11

Since October 1, 1997, the effective date of the Selkirk First Nation Final and Self-Government Agreements, the LSCFN has been overwhelmed with the The SFN Final Agreement provides for implementation of the two agreements, and has settlement land in the Pelly-MacMillan River undergone organizational and structural areas. Pelly Crossing was originally a ferry changes. There is increased pressure on the crossing and construction camp for highway Chief, Council and staff as more citizens return workers, but lost its economic base when to the community to take advantage of the construction ended in the 1950s. It was at about services and benefits of the agreements. this time that the SFN was moved from Minto and Fort Selkirk to the present location of Pelly The following activities occurred during the Crossing. Pelly Crossing is a community review period. administered by the SFN Council.

• During a special General Assembly in October No report was available for this review period. 1998, the LSCFN Income Tax Act was passed, along with a Tax Sharing and Tr'ondëk Hwëch'in Collection Agreement. The Tr'ondëk Hwëch'in Traditional Territory • Negotiations for sharing of other taxes are occupies approximately 64,700 square under way. kilometers (25,000 square miles) in west central Yukon. "Tr'ondëk Hwich'in" means the people of • A Standing Committee on the Constitution has the Klondike region. "Klondike" is a derivative of been established. the Han word "Tr'ondëk." As with most Yukon tribes, there has been significant interaction with • The LSCFN continues to participate in the other Yukon First Nations during the last PSTA negotiations. The second round of hundred years. The original inhabitants of the PSTA negotiations were concluded and came Tr'ondëk region, and the ancestors of the into effect in February 1999. PSTA majority of present day Tr'ondëk Hwëch'in, were negotiations for the Northern Affairs program the Han Indians. The Han occupied a vast are under way with priorities set for the next stretch of territory in east central Alaska and fiscal year. west central Yukon. The First Nation people in Eagle, Alaska, are closely related to Tr'ondëk • The Finance Committee is being trained on Hwëch'in families in Dawson, and many are financial matters and is working on a draft beneficiaries of the TH Land Claims Agreement. investment policy. The TH Final Agreement and Self-Government Agreement came into effect September 15, • A new personnel policy has been drafted. 1998.

• The Land and Resources staff, along with The following events and accomplishments legal counsel and community members are occurred between September 15, 1998 and working on a draft Settlement Lands Act. March 31, 1999.

• The LSCFN continues to participate in the • The first PSTA was concluded as a part of the Five-Year Review Working Group, the land claims negotiations process, with Financial Transfer Agreements Renewal negotiations on subsequent PSTA nearing Working Group and the Implementation Plan completion. The TH have a long term goal of Working Group. assuming responsibility for all programs and services within their jurisdiction. • The Chief and Council, directors and staff of the LSCFN completed courses entitled • The TH staked 23 miles of placer leases on "Leadership in Transition" and "Effective Team potentially mineral-rich Category B lands. Building" through Tracon Training Consultants Group Corp. in March 1999. • The TH government structure was reorganized to create the Department of Culture and

12

Education and rename the Land Claims YUKON GOVERNMENT Department the Lands Department. The Yukon government's implementation • The TH General Assembly passed the obligations and activities under the UFA and Tr'ondëk Hwëch'in Income Tax Act, and the YFN final and self-government agreements are TH entered into tax collection and sharing specified in each agreement's implementation agreements. Negotiations continue on plan. agreements regarding other taxes. Particular implementation activities undertaken • As a result of the commencement of income by the Yukon government during the 1998-1999 tax payments, a new "market value" wage reporting period follow. structure was adopted by the Chief and Council. Executive Council Office, Land Claims

• and Implementation Secretariat The TH Government moved into a new administration building on Front Street in The Implementation Unit, within the Land Claims Dawson. & Implementation Secretariat, is responsible for negotiating implementation plans and • Four Land Claims Committees are now up and coordinating the Yukon government's running: the Tombstone Steering Committee, implementation activities. Secretariat officials the Settlement Land Committee, the Tr'o-ju- represent the Yukon government at wech'in Steering Committee and the Dawson implementation working group meetings where RRC. YFNs with agreements, the CYFN and the Government of Canada are represented. This • Negotiations continued toward a benefits working group addresses matters of concern in agreement with Yukon Energy in respect of the implementation process. the proposed Mayo-to-Dawson transmission line. The Secretariat participated in the negotiations of the final and self-government agreements and Council of Yukon First Nations implementation plans for the Tr'ondëk Hwëch'in.

The Council of Yukon First Nations is the The Secretariat prepared the orders-in-council successor to the Council for Yukon Indians. It which established the effective date of the TH has a number of implementation obligations agreements as September 15, 1998, and pursuant to the UFA and the UFA coordinated other pre-effective date Implementation Plan. requirements related to the TH agreements.

No report was available for this review period. The Secretariat continued to monitor the implementation of the final and self-government agreements by coordinating activities across the Yukon government. It continues to administer the financial contributions to the various boards and committees, and ensures that the appointment of members is made in a timely manner.

The Secretariat participated in negotiations for tax sharing and for the management, administration and delivery of PSTAs within the jurisdiction of the SGAs. The Secretariat also participated in internal work to support negotiations with the federal government and the TTC respecting the administration of justice pursuant to the SGA.

13

• Work continued on the Five Year Review to • The Engineering and Development determine the adequacy of the provisions of Branch continued to provide employment the implementation plans and of the incentives and economic opportunities to all implementation funding pursuant to the First Nations, including those with final Umbrella Final Agreement Implementation agreements. Several funding agreements Plan (UFAIP), and the FNFA IPs for the have been provided to YFNs to undertake CAFN, TTC, NND, and VGFN. The Five Year contract work on Yukon government Review Working Group continued to define the development projects, as well as attaching terms of reference, guidelines and action memorandums of understanding (MOUs) to plans. Branch contracts that assist the contractor in employing First Nation members on the • Discussions were initiated with YFNs which project. have signed final and self-government agreements to explore formal mechanisms to • The Manager of Land Disposition represented enhance government-to-government the Yukon government on the seven relationships for working together on common settlement land committees that review survey issues and implementation priorities. requirements for all YFN settlement lands. The Manager ensures Yukon government interests Department of Community and are identified and dealt with. Transportation Services, Municipal • and Community Affairs Division The Manager of Land Disposition continued to participate on the interdepartmental group

involved in the design of the Development The Municipal and Community Affairs Division Assessment Process (DAP). Discussions to continues to advise and assist First Nations with date suggest that the Municipal and final agreements as they establish the provisions Community Affairs Division will have a major under their self-government agreements, and role in the DAP when it is implemented. develop land management systems and practices for settlement land holdings. • As the management authority for all Yukon

government lands, the Land Disposition The following activities occurred during the Section continues to consult with all YFNs on 1998-1999 reporting period. land management issues that directly or

indirectly affect YFN settlement lands. • The Division continues to participate on the

Common Taxation Table regarding the • The Transportation Division concentrated its efficient delivery of municipal-type services efforts on the identification of additional and the sharing of property tax room. The Quarries on YFN Settlement Land as per Property Assessment and Taxation Section section 18.2.5 of the TH Final Agreement, maintains the property assessment and LSCFN Final Agreement and the SFN Final taxation implementation requirements in Agreement. Air photo interpretation contracts conjunction with each First Nation, as set out have been completed and potential areas in chapters 20 and 2I of the final agreements. identified. Geotechnical evaluation will be

carried out by the end of the year and will be • Community Services entered negotiations on followed by reserve applications. The Division a local service agreement with the SFN for the also addressed its obligations under Appendix community of Pelly Crossing and provided A - Settlement Land Descriptions of the final consultative services to other YFNs as they agreements with respect to road closures, work toward establishing self-government. The reserve amendments and applications for Planning Section of Community Services bridgehead reserves. worked with YFNs on all planning, zoning and policy development projects undertaken in each YFN's Traditional Territory.

14

Department of Economic Pursuant to sections 17.1 and 17.7 of the Development TH SGA, the TH signed a contribution agreement for 1998-1999 and 1999-2000 Economic opportunity plans are identified as concerning the design, delivery and required activities in the early stages of final administration of education programs within its agreement implementation. The planning Traditional Territory. process is a joint exercise involving the governments of Canada, Yukon and each First YFNs and the Department reviewed heritage Nation. The Department also continued to be resources, phase one, under sections 13.08 and involved in the design of DAP legislation in 13.10 of the final agreements, and funding for cooperation with other Yukon government the review has been allocated. departments, the federal government, and the CYFN. Department of Health and Social Services During 1998-1999, the following activities occurred in relation to economic opportunity The Department's main implementation activities plans. were to support the PSTA negotiations and administration of justice negotiations pursuant to • The VGFN completed a draft Economic SGAs. The Department also participated in other Opportunities Plan which is awaiting review Yukon government corporate implementation and acceptance by the VGFN Council. activities such as the development of the representative public service plans and the DAP • The LSCFN initiated discussions on the interdepartmental group. methodology to be used in its economic opportunities planning. During the 1998-1999 reporting period, the Department undertook various activities. • The NND initiated economic opportunities planning. • Information exchange on Health and Social Services programs and development of • The TH initiated discussions to commence partnerships with YFNs was ongoing. economic opportunities planning in September 1999. • The Department is participating in administration of justice negotiations with the • Yukon is in the process of putting procedures TTC and in interdepartmental meetings. These in place to pay royalties to YFNs in negotiations include aspects of youth justice. accordance with the provisions of Chapter 23 of the UFA. Royalties have been paid to YFNs Department of Justice with Final Agreements, and are being held in trust for those First Nations without Final The Department of Justice is responsible for Agreements. legal advice to government departments, for land titles and for administration of justice • The Department provided input to the negotiations with regards to agreements. processes to establish the Fishing Branch Protected Area, Tombstone Park, and the During the 1998-99 reporting period, the Horseshoe Slough Habitat Protection Area. Department was involved in the following activities. Department of Education • The Department entered into negotiations on The Department of Education was involved with the administration of justice with the TTC and four implementation projects. Canada under section 13.6.0 of the TTC SGA.

Initial meetings were held in 1997, with YFNs • The negotiators reached a Framework regarding the review of apprenticeship programs Agreement in April 1998, which was approved (section 22) and Aboriginal language services (section 52).

15

by the Yukon government in tune 1998, and During the 1998-1999 reporting period, the the Federal government in January 1999. The Department worked with the First Nations, three parties are now in the process of FWMB and RRCs in a number of areas. negotiating phase one of the Framework Agreement. • New RRCs were established pursuant to the final agreements for the TH, the SFN, and the • The Department entered into preliminary LSCFN. Members of these RRCs were discussions with three other YFNs with regard appointed by the Minister. to the administration of justice in areas such as adjudication, civil remedies, punitive • Work continued in the areas of RRC and sanctions, law enforcement and the relation of FWMB membership nomination and NND courts to other courts. appointment processes, and financial administration. The Department hired a • The Aboriginal Law Group in Legal Services Boards and Councils Administration Officer to provides advice to the Land Claims and assist in the implementation and Implementation Secretariat and to other administration of RRCs and the FWMB. departments regarding the interpretation and implementation of the agreements. • The Department continued work with the Alsek and Teslin RRCs on wildlife management • The Aboriginal Law Group provides legal planning. Regional staff provided ongoing advice to the government in taxation, PSTA support to the RRCs to assist in addressing and Inherent Right negotiations. resource management interests as they arise and to implement approved wildlife • The Land Titles section has been involved in management planning recommendations. the registration of YFN settlement land parcels. These processes include the • Work commenced on Ta' Tla Mun Lake registration and the issuance of title to Fee fisheries management pursuant to the SFN simple parcels, and the filing and reproduction Final Agreement. of survey plans for the settlement lands. • The Department initiated work on Mandanna Department of Renewable Resources Lake fisheries management pursuant to the LSCFN Final Agreement. The Department of Renewable Resources is responsible for the Yukon Government's • A steering committee was established in obligations for fish and wildlife pursuant to the accordance with the TH Final Agreement, to UFA, final and self-government agreements and review and recommend a final boundary for implementation plans. In addition, the Tombstone Territorial Park. Department is responsible for representing the Yukon government in land use planning • Management plans For the Fishing Branch pursuant to chapter II and for implementing Ecological Reserve as provided for under the various Special Management Areas established VGFN Final Agreement and For Horseshoe under the final agreements. The Minister of Slough as provided for under the NND Final Renewable Resources appoints members to the Agreement underwent final drafting and FWMB and the RRCs. additional consultations.

A compensation claim has been submitted by a • Work continued on the maintenance of the Yukon outfitter for losses associated with the trapline registry and began on the review of Settlement Lands for the CAFN. This claim for the trapper training program with the compensation is the first to be addressed by the assistance of the Yukon Trappers Association. governments of Yukon and Canada in The Trappers Association undertook accordance with the Compensation Agreement consultations with YFNs and RRCs. dated March 1997.

16

• The Department participated in meetings with opportunities will be diminished due to the Land Use Planning Council and the other resource development activities. Government of Canada to identify and recommend planning regions and to set Department of Tourism, Heritage planning priorities. The Department also Branch participated in consultations regarding the establishment of three Regional Land Use The Department of Tourism, Heritage Branch, is Planning Commissions which were responsible for the implementation of the Yukon recommended. The Council recommended government's obligations concerning non- three planning regions be established documentary heritage resources and provisions including the traditional territories of the of the final agreements and implementation VGFN, the TTC, and the Northern Tutchone plans. group which includes the NND, the SFN and the LSCFN. These mainly concern chapter 13 provisions for the ownership and management of heritage • The Department continued to update relevant sites and resources, YFN burial sites, research, land claim information in each of the trapping, place names and economic opportunities. They fishing and hunting regulation synopses. Land also address the equitable allocation of program claim information is available from Field resources for the development and management Services' district offices. Map production using of heritage resources of YFN people. Geographic Information Services was carried out, and various map products were produced The Branch continues to support the work of the to incorporate the Department's administrative YHRB and the YGPNB. information with land claim information.

• The Branch held two workshops with YFNs and Work began on a harvesting rights pamphlet developed draft procedures to protect and for the Dempster Highway Corridor to explain manage YFN burial sites, and Tetlit Gwich'in the hunting rights of the YFNs, Inuvialuit and burial sites, as required under land claims Tetlit Gwich'in agreements. To date, three YFNs have

approved these guidelines. A public service • The Department participated in the review of, announcement to support protection of these and consultations on, legislative and sites was also completed for television regulation initiatives of the TTC and the CAFN. broadcast. The legislation developed by the TTC included a Fish and Wildlife Act, and Settlement Land Management planning for a number of heritage and Resources Act. sites continued in 1998-1999.

• Legislative initiatives of the CAFN included a • Archaeological work was carried out at Fish and Wildlife Act, and a Traditional Rampart House, and the management plan for Activities Protection Act. Work is ongoing by Rampart House and Lapierre House was the Department to identify and implement completed with the VGFN. Research began administrative and operational changes that for planning the Old Crow Flats Special may be necessary to give effect to the YFN Management Area. laws. • The first year of a two-year heritage resource • The Department carried out work with the inventory at Tr'o-ju-wech'in Heritage Site was FWMB in the design of a harvest monitoring carried out with the TH, involving six student system to address the interest in harvest trainees. reporting by all hunters. The FWMB undertook consultations on this initiative. • The Branch also participated in planning for the Fishing Branch Ecological Reserve. • Work continued in conjunction with the federal government in the development of a trappers • Preliminary archeological assessment work compensation policy and process for YFN was done at Forty Mile during the summer of trappers whose furbearer harvesting 1998.

17

• Planning to prepare a new Fort Selkirk Department of Tourism, Industry management plan was initiated. Services Branch

• An archival research project was completed to The Department of Tourism, Industry Services support management planning activities at the Branch, undertakes strategic tourism research to Lansing Heritage Site with the NND. assess, plan and develop sustainable tourism opportunities. The development of regional • An agreement-in-principle was signed with the tourism plans, in partnership with YFNs, helps to VGFN for a heritage officer training internship. identify and establish priorities for tourism- The Branch is also working with the Public related economic opportunities that are an Service Commission to see how this can be integral component of the economic implemented. development measures identified in chapter 22 of the UFA and final agreements. • An inventory of heritage sites was provided to the TH as required under its Final Agreement. During the 1998-1999 review period, the Branch:

• Heritage Branch staff assisted the CYFN with • worked with the NND to complete the Silver the repatriation of 16 items from the Victoria Trail Regional Tourism Plan; collection of the Anglican Church of Canada. • participated in ongoing dialogue and working • The Branch continued to allocate existing sessions with VGFN regarding tourism program resources for the development and planning initiatives; and management of Yukon Indian heritage resources, including: • conducted preliminary consultations with the CAFN, White River and Kluane First Nations • archeological research at two sites in the for the Kluane regional tourism plan. Southern Lakes area with the CAFN; Public Service Commission • oral history work with the TTC; The Yukon government has developed a draft • various interpretive projects at Fort Yukon-wide plan for a representative public Selkirk; service and plans for the TTC and NND Traditional Territories. A draft plan for the • a brochure on archeological work at Traditional Territory of the CAFN is almost Canyon City with the Kwanlin Dun First complete. All four plans were developed through Nation; a joint planning process with YFN and Yukon government representatives. • waterfront development work with the Carcross First Nation; and The Yukon government has approved, in principle, the Yukon-wide, TTC and NND • cemetary restoration with the LSCFN. Traditional Territory plans. These plans have been submitted to the respective First Nation governments for their consideration and comment pursuant to the formal consultation requirements of the final agreements. The draft CAFN Traditional Territory plan will be forwarded to Cabinet for consideration in the near future.

Land claims training is being offered in Whitehorse and several communities. YFN presenters provide content relevant to a specific First Nation, and both Yukon and YFN government employees have taken the training.

18

Yukon Housing Corporation GOVERNMENT OF CANADA

The Yukon Housing Corporation (YHC) delivers Department of Indian Affairs and housing programs and services which are Northern Development subject to transfers under SGAs.

The Department of Indian Affairs and Northern Initial work has begun to collect and analyse Development (DIAND) remains committed to financial information required to support PSTAs. honouring its obligations pursuant to the UFA A data base is being created to track all client and final agreements and their implementation funding, and to correlate that funding with YFN plans with respect to lands, water, mines and membership lists. Workshop planning in minerals, forestry, development assessment, preparation for PSTA negotiations also surface rights and economic development. Most occurred. of these obligations are discharged through

DIAND’s Regional Office in Whitehorse, Yukon. The YHC developed and piloted a training module on land claims for its staff. This module During 1998-1999, important events and was developed in conjunction with the PSC and accomplishments included the following. is intended to supplement the staff training that the PSC offers to all Yukon and YFN • Land Resources provided the federal member government employees. for the Settlement Land Committees identified in chapter 15 of the settlement agreements. The committees determine survey priorities, ensure the completeness of preliminary and final surveys and provide land-related information to legal surveys.

• As required by Appendix A of the Selkirk First Nation Final Agreement, Land Resources continued to work on the preparation of a surface lease for Minto Resources for a mine site.

• Land Resources proceeded with the cancellation of Crown titles identified as fee simple lands in accordance with chapter 5 of the final agreements.

• Land Resources is continuing with the protection of S-Sites for the seven completed final agreements, through Orders-in-Council, as per section 5.14.4 of the UFA.

• The protection of the Tr’o-ju-wech’in and 40 Mile heritage sites for the Tr’ondëk Hwëch’in land claim was put into place. Land resources cancelled the Indian and Inuit Affairs reservations (lands set aside) for the TH land claim.

19

• Land Resources is planning to transfer the • Forest Resources continued to assist Horseshoe Slough Habitat Protection Area to First Nations in building capacity in Forestry the Government of Yukon in 1999-2000. management by developing partnerships through the BRO Program (combining • Land Resources developed a communications Forestry, Lands, and Field Operations protocol between DIAND and the Gwitch'in activities) and participating in the First Nation Tribal Council, as per section 8.3.1 of Annex C Forestry Program (FNFP). The amalgamation of the Gwich'in Final Agreement. of the Land Resources BRO Liaison Officer and the Forestry BRO Liaison Officer position • Several First Nation Band Resource Officers this year enhanced and more fully developed have participated and completed a Level 1 DIAND's ability to meet the consultative enforcement training sponsored by DIAND requirements of the UFA and First Nation final through the RCMP. agreements. It also helped establish partnerships and capacity building with an • Land Resources ensured the continued integrated resource management approach. protection of Special Management Areas and Heritage Sites required by the final • DIAND Fire Management extended First agreements, such as Ddhaw Ghro Habitat Nation firefighting contracts for a third year Protection Area and Fishing Branch Ecological with 10 YFNs for the 1999-2000 fire season. Reserve. • BROs work with DIAND's Forestry, Lands and • Land Resources continued its responsibility for Field Operations programs on a daily basis. the administration of encumbering rights on The support of BROs in each First Nation settlement land as negotiated in the final community allows Full participation on agreements. This includes leases, licenses, renewable resource decision-making bodies. easements, reservations, land use and quarry Specific initiatives with BROs included job permits. shadowing with the and timber cruising training with the NND. • Significant progress was made during the year Land Resources provided each BRO for each by the DAP Working Group in drafting the First Nation with orientation to Federal lands, development assessment legislation. The land use, and Forest management activities. parties continue to work on resolving Land Resources Forwards all applications for outstanding issues. disposition and land use to the BROs for comment and recommendation within their • Water Resources realigned its resources to traditional territories. allow hiring of a Water Management Officer (Yukon Waters Act inspector). The • Recognizing that the RRCs also play a role in requirement For additional inspections and the development of enhanced community compliance actions, and increasing complaints consultation, DIAND developed an MOU with of Yukon Waters Act violations involving the Alsek RRC. An example of an effective waters on, or passing through, First Nation joint initiative was the salvage harvesting of settlement land have necessitated the shift the Marshall Creek fire (HJ-09-98). All parties from information and education tasks to (Alsek RRC, DIAND Forest Resources, the actions. Yukon government and the CAFN) worked together to conclude this in a very short time. • As part of DIAND's Band Resource Officer (BRO) initiative, the Yukon Government • Forest Resources met with the Dawson RRC sponsored a one - year training position as on several occasions to establish a working signatory to the BRO program. The Teslin relationship. Tlingit BRO was the successful candidate hired by YTG for a one-year time Frame to • The TTC was awarded a silviculture contract build capacity in the areas of lands, land use, in I998. forest management, as well as YTG programs.

20

• Forest Resources continued to engage in First • Mineral Resources developed a formal Nation Interest Consultation (FNIC) with set of mining contacts in spring 1998 to traditional users of the land to assist in facilitate consultation on new approvals for minimizing the impact of harvesting activities exploration, placer mining and Quartz mine on traditional subsistence patterns. Once a licensing. Harvest Planning Area has been identified, the First Nation is consulted to gather information • Mineral Resources initiated a process of and identify other YFN users. One-to-one regular contact with First Nation mining meetings are also held with YFN trappers to contacts for site visits to properties where First minimize the impact of harvesting. Information Nation interests are affected. collected is also used to assist Forest Resources in planning and extracting areas of • Mineral Resources successfully facilitated the least impact. reclamation of the Ross River coal site.

• Fire Zonation map review was carried out with • The CAFN Economic Opportunities Plan was all YFNs and RRCs in March, 1999. Policy completed and accepted by Chief and Council development and finalization of fire fighting in 1998, further to section 22.3.1 of the UFA. priorities is expected to occur during the winter of 1999-2000 with all YFNs and the Tetlit • Preliminary planning toward the development Gwich'in. of the NND Economic Opportunities Plan was undertaken by the First Nation. • DIAND continued to support the activities of the YLUPC by participating as a member on • DIAND held a workshop in December 1998 the tripartite general working group, pursuant to sections 22.5.6 and 22.5.7 of the contributing to the development of general UFA to provide information about how to terms of reference for regional planning access government supply and services commissions, preparing digital base maps of contracts and standing offers, and how to the proposed North Yukon, Northern Tutchone register on lists or inventories which Tribal Council and Teslin planning areas, and government uses for contracting. participating in the discussions about the Approximately 75 Aboriginal suppliers have Council's proposed planning agenda, including been identified. meetings with the VGFN, Northern Tutchone Tribal Council and the TTC. A Yukon-wide Department of Canadian Heritage regional planning workshop is planned for September 1999. The Department of Canadian Heritage's obligations under the UFA and the VGFN and • Mineral Resources, in conjunction with the CAFN's final agreements primarily focus on the Chamber of Mines and the Government of national parks and historical sites program. The Yukon, organized a First Nation and mining UFA also obliges the Department to work toward industry workshop in November 1998, called equity in program delivery between the culture "Putting It All Together". The workshop was and heritage of Yukon First Nations and Yukon intended to facilitate communications between at large. the mining industry and First Nations, improve understanding of the business of mining and A number of different claims-related activities how it affects Yukon, describe the existing occurred during the year, as follows. impact benefit agreements (IBAs) with First Nations and provide general background on • Annual meeting discussions began in the regulations affecting development. Vuntut National Park in October 1998.

• Mineral Resources conducted workshops with • The Vuntut Park Warden was seconded to First Nations on the implementation of mining VGFN Lands and Resources, providing the land use in Yukon. These were one-day VGFN with the expertise to begin gathering workshops to cover all aspects of mining, and, information on trapline use and furbearer in particular, to address concerns brought management. forward by First Nations.

21

• Vuntut National Park impact and benefits plan • plan is presently under review by the joint was completed and has been signed off by federal-First Nation working group tasked with VGFN. guiding it. Because it is a "living document", the plan will remain in draft form, with parties • Parks Canada, in cooperation with VGFN, has consulting and amending it as needed. initiated the multi-year oral history project in Old Crow. • To improve and enhance the working relationships with Yukon First Nations, 13 EC • The Kluane National Park Management Board staff participated in YFN cultural awareness has undertaken a coordination role in the training in March 1999. review of the Kluane National Park Management Plan. Four workshops funded as • A final management plan for the Nisutlin River part of the plan review were conducted by the Delta National Wildlife Area (NRDNWA), CAFN to provide input into the management which was prepared in 1996-1997, was plan review. The CAFN also has direct approved by the EC deputy minister in June representation on the plan review team. 1997. Additional field work was conducted in the wilderness area during late July 1998, and • The CAFN and the Kluane National Park Minister Christine Stewart was taken on a tour Management Board were represented on an of the area by the CWS and the TTC on July inter-jurisdictional river managers' trip on the 30, 1998. The CWS met with the Teslin RRC Alsek River. The focus of the trip was the in November 1998 to review the results of management of commercial wilderness rafting. fieldwork and further needs for the NRDNWA (chapter 10, schedule A, section 7.0 of the • Parks Canada worked with TH administration TTC Final Agreement). to create, support, identify, hire and train a First Nation heritage officer. • The CWS participated in several meetings and workshops in Old Crow and Whitehorse (April, • Research into the history of the Tr'o-ju-wech'in June and October 1998) aimed at making Heritage Site continued. progress on a management plan for the Old Crow Flats Special Management Area Environment Canada (chapter 10, schedule C, section 5.0 of the VGFN Final Agreement). Canadian Wildlife Services • The CWS attended an initial meeting in Specific responsibilities of the Canadian Wildlife Carmacks in July 1998 to discuss Services (CWS) include requirements pertaining management planning for the Nordenskiold to the Game Export Act, Endangered Species Special Management Area (chapter 10, Protection Act and the Migratory Game Birds schedule A, section 4 of the LSCFN Final Act. It also has a role in the development of Agreement). management plans for special wildlife management areas. • The Department is awaiting an expression of interest from Chief and Council of First There were many claims-related activities during Nations regarding a partnership with EC and the year. the Yukon Government on a new Accord on Environmental Cooperation. Specific sub- • Environment Canada (EC) has been involved, agreements developed under the Accord along with other federal departments, in the would address issues such as section 16.3.15 preparation of the draft Yukon Human of the UFA. This issue will likely not be Resource Plan which focuses on strategies for addressed until all final agreements are in a representative Public Service with YFNs. place and devolution is complete. Federal departments are developing this plan to address section 22.4.1 of the UFA. This • The Department participates in the Yukon land use planning initiative (chapter 11, UFA).

22

• The CWS continues to consult with First Environmental Protection Branch Nations on the development of federal endangered species legislation. All YFNs and • The Environmental Protection Branch (EPB) RRCs are being provided with information has been an active member of the federal packages on an ongoing basis and, in 1998- interdepartmental DAP working group. This 1999, were invited to two debriefing sessions has involved reviewing position papers with the FWMB. As well, the CWS contracted prepared by the federal lead department with the CYFN to consult with all YFNs (DIAND) and recommending conditions that regarding the proposed Species at Risk Act. the DAP should meet to accomplish The CWS is awaiting a summary document departmental requirements and to ensure that from the CYFN regarding the YFNs' response it meets the needs of Canadian Environmental to the proposed Act (section 16.3.3 and 16.5.4 Assessment Act. Environment Canada has of the UFA). been directly involved in providing advice and direction to DIAND relative to departmental • The CWS has initiated, and participated in, a requirements and capacities. Drafts of the number of activities which contribute to the proposed DAP legislation have been reviewed objectives set out in chapter 16 of the UFA. and commented upon. Other parts of the Department have been kept informed through • The CWS invited all YFNs, RRCs and the direct contact for input (section 12.3.0 of the FWMB to participate in a two-day workshop on UFA). Research and Monitoring Priorities in the Boreal Northwest. Two Board members and • The EPB has written to all YFNs and met with members of two First Nations attended. Three representatives of some of them to discuss other First Nations sent regrets that they could their interest in becoming participants in the not attend (section 16.1.1.7 and 16.13.1 of the Letter of Understanding Concerning UFA). Government Response to Spills in the Yukon. This is a result of the self-government • The CWS worked with the Old Crow RRC and agreements which provide First Nations with the VGFN through the Arctic Borderlands environmental management responsibilities. Ecological Knowledge Co-op to monitor and The EPB is waiting for responses from YFNs. assess ecological change using local and science-based knowledge (section 16.1.1.7 of • The EPB has attended meetings of the Yukon the UFA). Salmon Committee (YSC) to provide information related to operating mines and the • The CWS assisted with the CYFN's workshop risks and potential risks posed to fish on developing protocols for use of traditional resources by these operations. One issue of knowledge (section 16.1.1.7 of the UFA). particular interest to the YSC has been the BYG Minerals Ltd. Mount Nansen Mine west • The CWS contracted the Legend Seekers (two of Carmacks (section 16.7.17 of the UFA). First Nations anthropologists based at the CYFN) to write a section on birds in First • The EPB meets with the FWMB as needed to Nations culture and history for the upcoming discuss federal wildlife regulations and CWS publication Birds of Yukon (section continues to work with the Board to ensure 16.1.1.3 of the UFA). that First Nations have input to new regulations (section 16.5.3 of the UFA). • The community of Teslin, working with the Working together, the EPB and the CWS Teslin RRC, invited the CWS, NGOs and other attempt to keep the FWMB and other groups agencies to make presentations to the abreast of progress in, and the implications of, community regarding renewable resource the amendments to the Migratory Birds issues. The CWS was not able to attend the Convention vis-à-vis the final agreements first session held in June, but will prepare for (section 16.3.5 of the UFA). the next session to be held in the fall of 1999.

23

Fisheries and Oceans Canada The surveying for the NND and VGFN is near completion. Surveys are being completed and Under the provisions of the UFA and the final approved for all First Nations, except the TH, agreements, Fisheries and Oceans Canada is which is slated to commence in the fall of 1999. responsible for the provision of technical and administrative support to the Yukon Salmon Legal Surveys Division is continuing to assist Committee. The Minister of Fisheries and comprehensive land claims negotiators in Oceans is responsible for approval and action of providing professional advice and comments on the Committee's recommendations. A senior draft land selection maps for the remaining official of the Department serves as executive YFNs yet to complete final agreements. secretary to the YSC, which is the principal instrument for salmon management. As each YFN commences implementation of its survey programs, Legal Surveys Division Please see the section on the YSC in this facilitates training for First Nation members document for highlights of the committee's interested in employment with survey activities. companies. In 1998-1999, the SFN and Legal Surveys Division cooperatively developed and Natural Resources Canada, Legal carried out practical legal survey training for SFN beneficiaries. Surveys Division

The Legal Surveys Division of Natural Public Service Commission Resources Canada is responsible for surveying First Nations settlement land selections and The Public Service Commission in Yukon is establishes annual survey priorities based on primarily responsible for external recruitment recommendations made by settlement land into the federal public service. The PSC has a committees. Seven of the 14 Yukon First role in the review of public service job Nations are in the process of implementing legal descriptions and statements of qualifications. A surveys of their settlement lands. Four survey joint committee was established with contracts were carried out for the CAFN and representation for the First Nations with final LSCFN, three for the SFN, two for the TTC, one agreements, the CYFN, the TPC and the Yukon for NND, and the Settlement Land Committee government to develop a territory-wide was set up for the TH. Survey programs for the representative public service (RPS) plan, as 1999-2000 fiscal year have been developed in provided for in section 22.4.0 of each FNFA. partnership with all YFNs except VGFN, and are currently being contracted out. During 1998- The PSC continues to provide a leadership role 1999 activities included the following. to federal departments with regard to human resource planning. The PSC has worked in Legal Surveys Division administered 14 survey partnership with departments to develop contracts for five YFN land claims. The field proposals to support Aboriginal hiring in the season began in July and finished at the end of public service, thereby increasing Aboriginal March when three winter survey contracts were representation. The PSC Employment Equity completed. Program Authority has been used to support Aboriginal-only recruitment and subsequent The total value of the contracts was hiring of Aboriginal people in the Yukon. The approximately $2.8 million. PSC routinely assists departments and agencies in the Yukon to fulfill their First Nation Approximately $694,000 in economic benefit to employment equity goals by providing advice, YFN communities, businesses and peoples assistance and, where necessary, the PSC resulted from the 1998-1999 survey work. This appointment authority is utilized. Communication represents about 25 percent of the total dollar links to the YFN communities have been value of survey contract work carried out. On enhanced and all job opportunities have been average, approximately seven YFN beneficiaries posted at each of the First are employed for each survey contract.

24

Nations' offices in addition to traditional Federal Implementation recruitment methods. The PSC has, in Coordination particular, made significant strides and efforts to recruit First Nations students for the job The Implementation Management Directorate, opportunities that become available for students located at DIAND headquarters in Ottawa, is in the Yukon. The PSC markets the program to responsible for the overall coordination and managers and creates awareness of the option monitoring of federal government obligations to restrict their competition to First Nation under the First Nation final agreements. The students. The PSC has kept YFNs informed Directorate represents Canada on the regarding initiatives and programs such as the implementation working group and is also Positive Measures Program and have invited responsible for administering funding them to participate in various training and arrangements with the Government of Yukon, leadership courses and forums. the CYFN, the SRB, the Yukon Land Use Planning Council (YLUPC), the Enrollment Public Works and Government Commission and the Dispute Resolution Board. Services Canada The Directorate makes financial compensation payments to First Nations and is responsible for The Public Works and Government Services preparing the annual review of Yukon land claim Canada (PWGSC) Centre for Client and agreement implementation. Supplier Promotion has developed a complete seminar program designed specifically for During the 1998-1999 fiscal year, the main Aboriginal businesses. areas of focus for the Directorate were the following.

PWGSC continues to notify Yukon First Nations A considerable portion of the Directorate's, time of procurement opportunities in their settlement was spent in preparing for and attending areas. PWGSC also provides Yukon First meetings of the five year review working group Nations with information kits on how to do and in follow-up work relating to this initiative. business with the federal government in bidding and contracting procedures. Good progress was made in updating the status of federal government implementation During 1998-99, PWGSC continued to be obligations, in identifying potential issues and actively involved in meeting the requirements of amendments and in addressing the issue of First the land claims/self-government agreements, Nation implementation funding. with a focus on supply services, systems management, process management, real The Directorate worked closely with a contractor property services, rural dialogue initiatives and and the Yukon government to respond to an telecommunications. application by a Yukon outfitter for compensation pursuant to section 16.12.9 of the This guidance, advice, promotion and direction CAFN Final Agreement. Much of this work has included all First Nations in the Yukon, as focused on examining methodologies for well as the Lower Post, Dease River (Good determining the fair market value of an outfitting Hope Lake), and Tahltan First Nations from concession. northwest . Considerable work went into negotiating the PWGSC has also provided procurement advice increasing number of contribution agreements to all federal departments in the Yukon and with First Nations (to implement property tax included direction and guidance in the areas of assistance provisions of the individual final contracting and tendering in traditional and agreements) and renewing the Contribution settlement land areas in Yukon. Agreement between the governments of Canada and Yukon for board and committee funding.

In addition to processing various compensation payments and grants, the Directorate implemented payments to the First Nations as required by section 20.6.0 of the UFA.

25

Funding was provided by Canada during the IMPLEMENTATION FUNDING reporting period as follows. Surface Rights Board FINANCIAL COMPENSATION PAYMENTS $157,000

Champagne and Aishihik First Nation Yukon Land Use Planning Council $2,419,108 $503,165

Selkirk First Nation Yukon Salmon Committee $1,980,617 $211,500

First Nation of Nacho Nyak Dun Council for the Yukon First Nations $1,240,250 $243,749

Little Salmon/Carmacks First Nation Dispute Resolution Board $1,854,294 $6,763

Teslin Tlingit Council Yukon Enrollment Commission 1,639,614 $86,125

Tr’ondëk Hwëtch’in Yukon Government* $2,917,463 $1,218,271

Vuntut Gwitchin First Nation * Canada provides funds to support the FWMB, $1,684,156 YHRB, YGPNB, and the RRC of each First Nation.

26

APPENDIX 1: YUKON FIRST NATIONS

Carcross/Tagish First Nation

Champagne and Aishihik First Nations

First Nation of Nacho Nyak Dun

Kluane First Nation

Kwanlin First Nation

Liard First Nation

Little Salmon/Carmacks First Nation

Ross River Dena Council

Selkirk First Nation

Ta’an Kwatch’an Council

Teslin Tlingit Council

Tr’ondëk Hwëtch’in First Nation

Vuntut Gwitchin First Nation

White River First Nation

27

APPENDIX 2: FEATURES OF THE UMBRELLA FINAL AGREEMENT

The Umbrella Final Agreement is the framework • a total of $4,000,000 (I990 dollars) as initial within which each of the 14 Yukon First Nations capital for the establishment of the Yukon First will conclude a final claim settlement agreement. Nation Implementation Fund; All UFA provisions are part of each First Nation • payment of $26,570,000 in exchange for the final agreement. The Quantum of settlement Indian Act, section 87, tax rights, beginning on land and financial compensation guaranteed by the third anniversary of the effective date of the UFA is allocated to individual First Nations the U FA; based on a formula arrived at by the 14 First • rental revenues from surface leases and Nations. royalties from the development of non- renewable resources; Key provisions include: • rights to harvest wildlife for subsistence purposes throughout traditional territory; • title to 41,439 square kilometers of land • preferential harvesting of some species and including Category A land with surface and exclusive harvesting on Category A settlement subsurface rights and Category B land with land; surface rights only, but including rights to • approximately 70 percent of the traplines materials such as sand and gravel; allocated in each traditional territory; • $246,600,000 in financial compensation • guaranteed one-third First Nation membership payments (I989 dollars); on the Yukon Water Board, the Dispute • payment of individual First Nation shares over Resolution Board and the YLUPC, and up to I5 years, beginning when each final two-thirds representation on regional land use agreement is reached; planning councils; • $6,500,000 Yukon Indian People Training • guaranteed 50 percent representation on the Trust (I988 dollars); Development Assessment Board, SRB, • $3,000,000 Fish and Wildlife Management FWMB and the traditional territory RRCs; Trust; • provisions for promoting and preserving the • up to $1,500,000 for the Yukon River drainage culture and heritage of Yukon First Nations; basin for a salmon harvest study; and • provisions for the ownership and management of heritage resources and designated heritage sites.

28

APPENDIX 3: FEATURES OF THE FIRST NATION FINAL AGREEMENTS

Common Specific Provisions • Provisions to nominate the Tatshenshini River as a Canadian heritage river. • Participation in government employment, contracting, and development projects in the First Nation of Nacho Nyak Dun traditional territory. (Effective date: February 14, 1995) • Options to acquire up to 25 percent of projects managed by the Yukon Government or its • A total of 2,408.69 square kilometers (930 agencies or corporations in future square miles) of land surface and sub-surface nonrenewable resource and hydro-electric title; 2,330.99 square kilometers (900 square developments in the traditional territory. miles) of land surface title only, but including • Economic development and employment rights to material such as sand and gravel; planning processes. and 9.27 square kilometers (3.58 square miles) of land set aside as reserve. Champagne and Aishihik First • Financial compensation payments of Nations $16,888,734 over 15 years. (Effective date: February 14, 1995) • Specific commercial wilderness rights in commercial freshwater fishing, adventure • A total of 1,230.24 square kilometers (475 travel and commercial freshwater sports square miles) of land with surface and fishing. subsurface title (Category A); 1,165.49 square • A comprehensive economic plan which may kilometers (450 square miles) of land with include preferential employment and business surface title only, but including rights to initiatives for the NND. materials such as sand and gravel (Category • Subsistence harvesting rights of moose, B); and 31.52 square kilometers (12.17 square woodland caribou, fish, birds, etc. miles) of land set aside as reserve. • Agreement to enter into negotiations with • Financial compensation payments of government and the SFN to establish the $31,937,855 over 15 years. McArthur Wildlife Sanctuary as a special • Specific moose harvests for subsistence management area. needs. Primary consideration in allocation of • Representation on the Peel River Advisory freshwater fish resources in traditional Committee. territory. • Establishment of a wetland habitat protection • Priority allocation of a minimum number of area at Horseshoe Slough. sockeye and chinook salmon in the Alsek • Participation in management of the Peel River River basin. watershed. • Guaranteed participation in commercial • Designation and management of a trading freshwater, salmon fishery and sports fishing, post on NND settlement land at Lansing as a adventure travel, forestry, outfitting and historic site. campsite operations in the traditional territory. • Provisions to nominate the Bonnet Plume Representation on the Kluane National Park River as a Canadian heritage river. Management Board. • Proportional representation in public service Teslin Tlingit Council positions in Kluane Park. (Effective date: February 14, 1995) • Exclusive opportunity or right of first refusal for commercial operations in Kluane Park. • A total of 1,230.24 square kilometers (475 • Exclusive harvesting rights in Kluane National square miles) of land with surface and Park within the Champagne and Aishihik subsurface title; 1,165.49 square kilometers traditional territory. (450 square miles) of land with title in surface • Establishment of a special management area only, but including rights to material such as to guide the development of Kluane National sand and gravel; and 33.36 square kilometers Park and Sha'washe and the surrounding (12.88 square miles) of land set aside as area, and joint management of the reserve. Tatshenshini River.

29

• Financial compensation payments of • Basic needs allocation of salmon in the $21,646,715 over 15 years. Porcupine River drainage basin. • Guaranteed participation in commercial fresh- • Rights to subsistence level and harvesting in water and sports fishing, outfitting and the VGFN traditional territory. commercial wilderness adventure travel: • Three special management areas to be certain employment opportunities For work established: Vuntut National Park, Fishing related to heritage sites, Forestry and Branch Ecological Reserve and Old Crow surveying. Specific moose harvest for Flats Special Management Area. subsistence needs. • Provisions concerning the preparation of a • Primary consideration in allocation of fresh- land use plan before an all-weather road is water fish resources in traditional territory. constructed into the community of Old Crow. • Required approval for any proposed game • Provisions for the protection, ownership and farming or ranching activities in the traditional management of heritage resources and territory when Teslin Tlingit harvesting rights designated historic sites. may be affected. • Joint ownership and management of Rampart • Establishment of the Nisutlin River Delta House and Lapierre House historic sites. National Wildlife Area and preparation of a joint management plan which considers Little Salmon/Carmacks First Nation traditional and current use by Teslin Tlingit. (Effective date: October 1, 1997) • Rights to harvest wildlife and forest resources in Nisutlin River Delta National Wildlife Area. • A total of 2,598.46 square kilometers • Provisions for recognizing and protecting the (1,003.27 square miles) of settlement land heritage and cultural significance of several with title to the surface, including 1,533.99 specific routes and sites and of the Nisutlin square kilometers (600 square miles) of land River Valley. for which there is ownership of mines and minerals in fee simple. Vuntut Gwitchin First Nation • Financial compensation of $20,908,598 (1997 (Effective date: February 14, 1995) dollars) paid over 15 years. • Certain preferential allocations of any new • A total of 7,744.06 square kilometers (2,990 licenses or permits for commercial freshwater square miles) of land with surface and fishing, commercial freshwater sports fishing, subsurface title; 7.16 square kilometers (2.74 commercial wilderness adventure travel and square miles) of land set aside as reserve. outfitting concessions in the traditional • Financial compensation payments of territory. $22,234,780 over 15 years. • Specific formulas to set out the priority • Exclusive rights to all new big game outfitting allocation for moose and woodland caribou concessions within Vuntut Gwitchin traditional harvest for subsistence needs in the event of territory. necessary limitations. • All commercial salmon fishing licenses and all • Exclusive harvesting rights on Category A commercial salmon sport licenses in the settlement land. Porcupine River drainage basin for 15 years; • A special management area established to preferential rights afterward to any allocation guide the management and development of of commercial and sport fishing salmon the Nordenskiold Wetland Habitat Protection licenses. Area. • Right of first refusal for commercial wilderness • A management plan for Mandanna Lake to be travel and commercial Freshwater sport jointly prepared by government and the fishing in the Vuntut Gwitchin settlement LSCFN to address and balance priorities of territory. harvest between First Nation and other users. • At least 50 percent of public service positions • Processes to enable cooperation between the with the Vuntut National Park to employ VGFN First Nation and government in identifying and members. protecting heritage sites incorporated into the • First option on business licenses within the final agreement. Vuntut National Park. • Specific moose harvest for subsistence needs.

30

Selkirk First Nation Tr'ondëk Hwëch'in (Effective date: October 1, 1997) (Effective date: September 15,1998)

• A total of 4,739 square kilometers (1,830 • A total of 2,598 square kilometers ( 1,003 square miles) of settlement land with surface square miles) of settlement land with surface title, including 2,408.69 square kilometers (930 title, including 1,554 square kilometers (600 square miles) for which there is ownership of square miles) for which there is ownership of mines and minerals in fee simple. mines and minerals in fee simple. • Financial compensation of $22,289,077 (1997 • Financial compensation of $47,884,845 (1998 dollars) paid over 15 years. dollars) paid over 15 years, less outstanding • Certain preferential allocations of any new negotiations loans. licenses or permits for commercial freshwater • Tombstone Territorial Park to be established fishing, commercial freshwater sports fishing, as a Special Management Area in the central commercial wilderness adventure travel and Yukon following a two-year public consultation outfitting concessions in the traditional process; Canada to transfer the land for the territory. park to the Commissioner of the Yukon and • Negotiated arrangements for employment and permanently withdraw mines and mineral contracting benefits associated with any mining rights once the park has been construction and operation of a hydro-electric approved. project at Granite Canyon. • The Tr'o-ju-wech'in Heritage Site to be • Specific formulas to set out the priority established in the area known as Klondike allocation for moose and woodland caribou City, across Klondike River from Dawson City. harvest for subsistence needs in the event of • A special waterfront area scheme to provide necessary limitations. for the protection of lands along the shores of • Exclusive harvesting rights on Category A sites of particular importance to the First settlement land. Nation; the Tr'ondëk Hwëch'in to control those • Special management areas to be established uses which are incompatible, such as people to guide the management, protection and leaving refuse, visiting the sites without development of Tatla Mun Lake, Lhutsaw permission and removing artifacts. Wetland Habitat Protection Area and Ddhaw • Specific economic opportunities in connection Ghro Habitat Protection Area. with the North Fork hydro-electric project if a • Fort Selkirk to become a designated historic decision is made to proceed with the project. site and jointly owned, planned and managed • A working group established to make by the SFN and Yukon government. recommendations to the Minister and Tr'ondëk Hwëch'in on habitat protection measures that may contribute to the growth of the Forty Mile Caribou Herd. • The Forty Mile, Fort Cudahy and Fort Constantine historic sites will be established as a designated heritage site and will be jointly owned and managed by the Tr'ondëk Hwëch'in and the Yukon government.

31

APPENDIX 4: FINANCIAL COMPENSATION PAYMENTS

Chapter 19 of each FNFA provides that capital transfer payments shall be made to that Yukon First Nation on the anniversary date of the signature date of each FNFA. Settlement payments (net of negotiation loans) have been made to Yukon First Nations as follows:

Fiscal Year Payments

1994-1995 $9,380,366

1995-1996 $8,744,728

1996- I997 $8,109,089

1997-1998 $12,163,681

1998-1999 $13,655,500

32

APPENDIX 5: COSTS OF IMPLEMENTATION

These funds represent funds allocated by Canada for implementation purposes:

Fiscal Year Payments

1994-1995 $10,504,745

1995- 1996 $1,608,601

1996-1997 $2,089,462

1997- 1998 $2,508,976

1998-1999 $2,378,365

33

APPENDIX 6: MEMBERSHIP - IMPLEMENTING BODIES

ENROLLMENT COMMISSION YUKON TERRITORY WATER BOARD Chair Chair Adeline Webber Dale Eftoda Members Members Irene Adamson Russell Blackjack (vacant position) Rose-Marie Blair-Smith Alternates Steven Buyck Dan Van Bibber John M. Grainger Shari Borgford Brian Lendrum Mary Jane Jim Karen M. McKenna Dianna Raketti YUKON GEOGRAPHICAL PLACE NAMES BOARD DISPUTE RESOLUTION BOARD Chair Chair Diane Chisholm lone Christensen Members Members Percy Henry Leslie McCullough Sam Johnston Victor Mitander Patrick Moore John Ritter FISH AND WILDLIFE MANAGEMENT BOARD Daniel Tlen Chair Lawrence Joe YUKON HERITAGE RESOURCES BOARD Members Chair Clyde Blackjack John Ferbey Gerald Couture Members Shirley Ford Pat Van Bibber Neils Jacobsen JoAnne Braga Art Johns Carol Geddes Joe Johnson Ingrid Johnson Ed Kormendy Joe Johnson Teresa Madigan Mike Mancini Mike Smith Georgina J. Nicloux Georgina Sydney Clara Schinkel Douglas Urquhart Mike Vance YUKON LAND USE PLANNING COUNCIL Chair YUKON SALMON COMMITTEE Lesley Cabott Chair Members Carl Sidney Laurie Henderson Members Patrick James Clyde Blackjack Gerry Couture YUKON SURFACE RIGHTS BOARD Chuck Hume Chair Llewellyn Johnson Stephen Mills William Josie Members Joni MacKinnon Mark Eikland Stanley Njootli Greg Komaromi Steve Taylor Brian MacDonald Francis Wellar F Bruce Underhill

34

TRAINING POLICY COMMITTEE SELKIRK RENEWABLE RESOURCES Chair COUNCIL Shirlee Frost Co-Chairs Members David Johnnie Stan Boychuk Llewellyn Johnson Andy Nieman Members Adeline Webber Dale Bradley Kathy Van Bibber Alec Joe Millie Johnson ALSEK RENEWABLE RESOURCES COUNCIL Heinz Sauer Chair Alternates Mike Crawshay Danny Joe Members Bill Shanks Rosemary Buck Thomas Eckervogt TESLIN RENEWABLE RESOURCES Alfie LaVellee COUNCIL Harry Smith Chair Alex Van Bibber Denny Denison Alternates Members Ken Anderson Minnie Clark Ray Hassard Evelyn Hassard Frank Johnstone CARMACKS RENEWABLE RESOURCES John Martychuk COUNCIL Harry Morris Chair Doug Smarch Sr. Dennis Bellmore Sandy Smarch Members Orville Smith Clyde Blackjack Frank Thomas Howard Charlie Wilfred Charlie OLD CROW RENEWABLE RESOURCES Terry Hanlon COUNCIL Twyla Wheeler Chair Alternates Roy Moses Ken Roberts Members Raymond SilverFox Vicki Josie John Joe Kaye, Sr. MAYO DISTRICT RENEWABLE RESOURCES Robert Kaye COUNCIL Roger Kyikavichik Co-Chairs Leonard Nukon Dan McDiarmid Alternates Frank Patterson Randall Francis(Government) Members William Josie (First Nations) Steve Buyck Ralph Mease Lawrence Patterson Jack Smith Alternates William Hummel Bernard Menelson

35

APPENDIX 7: LIST OF ACRONYMS

BRO Band Resource Officer PSC Public Service Commission

CAFN Champagne and Aishihik First PSTA Programs and Services Transfer Nations Agreement

CEAA Canadian Environmental PWGSC Public Works and Government Assessment Act Services Canada

CWS Canadian Wildlife Service RPS Representative Public Service (plan)

CYFN Council of Yukon First Nations RRC Renewable Resource Council

CYI Council for Yukon Indians SFN Selkirk First Nation

DAP Development Assessment Process SGA Self-Government Agreement

DIAND Department of Indian Affairs and SLC Settlement Land Committee Northern Development SRB Surface Rights Board EC Environment Canada TH Tr’ondëk Hwëch’in EPB Environmental Protection Branch TPC Training Policy Committee FNFA First Nation Final Agreement TTC Teslin Tlingit Council FNFP First Nation Forestry Program UFA Umbrella Final Agreement FNIC First Nation Interest Consultation VGFN Vuntut Gwitchin First Nation FTA Financial Transfer Agreement YFN Yukon First Nation FWMB Fish and Wildlife Management Board YGPNB Yukon Geographical Place Names Board GIS Geographical Information System YHC Yukon Housing Corporation IBA Impact Benefit Agreement YHRB Yukon Heritage Resources Board IP Implementation Plan YLUPK Yukon Land Use Planning Council LSCFN Little Salmon/Carmacks First Nation YSC Yukon Salmon Committee (formerly MOU Memorandum of Understanding Yukon Salmon Sub-committee)

NND First Nation of Nacho Nyuk Dun YWB Yukon Water Board

NRDNWA Nisutlin River Delta National Wildlife Area

36

APPENDIX 8: MAP OF TRADITIONAL TERRITORIES

Informational map (not exact)