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The Carcross/Tagish First Nation Final Agreement

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The Carcross/Tagish First Nation Final Agreement THE CARCROSS/TAGISH FIRST NATION FINAL AGREEMENT among THE GOVERNMENT OF CANADA, THE CARCROSS/TAGISH FIRST NATION and THE GOVERNMENT OF THE YUKON Published under the authority of the Minister of Indian Affairs and Northern Development Ottawa, 2005 www.ainc-inac.gc.ca 1-800-567-9604 TTY only 1-866-553-0554 QS-5384-000-EE-A1 Catalogue: R2-427/1-2005E-PDF ISBN:0-662-42156-6 © Minister of Public Works and Government Services Canada Cette publication peut aussi être obtenue en français sous le titre: Entente définitive de la Première nation des Carcross/Tagish The preceding Elders' Statement does not form part of the Carcross/Tagish First Nation Final Agreement. AGREEMENT made this 22nd day of October, 2005. AMONG: Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development (hereinafter referred to as "Canada"); AND The Carcross/Tagish First Nation as represented by the Khà Shâde Héni of the Carcross/Tagish First Nation (hereinafter referred to as the "Carcross/Tagish First Nation"); AND The Government of the Yukon as represented by the Government Leader of the Yukon on behalf of the Yukon (hereinafter referred to as the "Yukon"), being the parties to this Carcross/Tagish First Nation Final Agreement (hereinafter referred to as "this Agreement"). WHEREAS: the Carcross/Tagish First Nation asserts aboriginal rights, titles and interests with respect to its Traditional Territory; the Carcross/Tagish First Nation wishes to retain, subject to this Agreement, the aboriginal rights, titles and interests it asserts with respect to its Settlement Land; the parties to this Agreement wish to recognize and protect a way of life that is based on an economic and spiritual relationship between Carcross/Tagish People and the land; the parties to this Agreement wish to encourage and protect the cultural distinctiveness and social well-being of Carcross/Tagish People; the parties to this Agreement recognize the significant contributions of Carcross/Tagish People and the Carcross/Tagish First Nation to the history and culture of the Yukon and Canada; the parties to this Agreement wish to enhance the ability of Carcross/Tagish People to participate fully in all aspects of the economy of the Yukon; the Constitution Act, 1982, recognizes and affirms the existing aboriginal rights and treaty rights of the aboriginal peoples of Canada, and treaty rights include rights acquired by way of land claims agreements; the parties to this Agreement wish to achieve certainty with respect to the ownership and use of lands and other resources of the Traditional Territory of the Carcross/Tagish First Nation; the parties wish to achieve certainty with respect to their relationships to each other; the parties to this Agreement have negotiated this land claims agreement securing for the Carcross/Tagish First Nation and Carcross/Tagish People the rights and benefits set out herein; the Carcross/Tagish First Nation, Canada and the Yukon have authorized their representatives to sign this land claims agreement; NOW THEREFORE, in consideration of the terms, exchanges of promises, conditions and provisos contained herein, the parties to this Agreement agree to the following. TABLE OF CONTENTS VOLUME 1 PAGE NO: CHAPTER 1 DEFINITIONS 1 CHAPTER 2 GENERAL PROVISIONS 11 2.1.0 The Umbrella Final Agreement 11 2.2.0 Settlement Agreements 11 2.3.0 Amendment 13 2.4.0 Settlement Legislation 16 2.5.0 Certainty 17 2.6.0 Interpretation of Settlement Agreements and Application of Law 19 2.7.0 Access to Information and Privacy 20 2.8.0 Remedies 20 2.9.0 Internal Overlap and Transboundary Agreements 20 2.10.0 Representation and Warranty 21 2.11.0 General 22 2.12.0 Boards 23 2.13.0 Joint Action of Renewable Resources Councils 25 Schedule A Ratification of the Carcross/Tagish First Nation Final Agreement 26 - Definitions 26 - General 26 - Ratification Committee 26 - Official Voters List 27 - Information Campaign 29 - Voting Process 29 - Ratification of this Agreement and the Memorandum by the Carcross/Tagish First Nation 30 - Ratification of this Agreement by Government 32 - Signing of this Agreement 32 Schedule B Resolution of Overlapping Claims 33 - Definitions 33 - Agreements 33 - Dispute Resolution 34 - Application of this Agreement in an Overlapping Area 35 - Other Yukon First Nation Final Agreements 36 - Traplines 36 - i - TABLE OF CONTENTS VOLUME 1 PAGE NO: - Consultation in the Overlapping Area 37 - Alternative Arrangements 37 CHAPTER 3 ELIGIBILITY AND ENROLLMENT 39 3.1.0 Definitions 39 3.2.0 Eligibility Criteria 39 3.3.0 Applications on Behalf of Another Person 40 3.4.0 Other Settlements 41 3.5.0 Enrollment Committees 41 3.6.0 Enrollment Commission 43 3.7.0 Judicial Review 46 3.8.0 Budget 46 3.9.0 Dissolution of Enrollment Committees 46 3.10.0 Continuation of Enrollment 47 3.11.0 Dispute Resolution 48 3.12.0 Public Access 49 CHAPTER 4 RESERVES AND LAND SET ASIDE 51 4.1.0 Reserves 51 4.2.0 Land Set Aside 51 4.3.0 Selection of Additional Land 52 4.4.0 Release 54 CHAPTER 5 TENURE AND MANAGEMENT OF SETTLEMENT LAND 57 5.1.0 Definitions 57 5.2.0 General 57 5.3.0 Maps and Descriptions 58 5.4.0 Settlement Land 58 5.5.0 Yukon First Nation Management Powers 60 5.6.0 Administration by Government 60 5.7.0 Disclosure of Government Interests in Settlement Land 62 5.8.0 Beds of Waterbodies 64 5.9.0 Interests in Settlement Land - Less than Entire Interest in 5.4.1 64 - ii - TABLE OF CONTENTS VOLUME 1 PAGE NO: 5.10.0 Interests in Settlement Land - Entire Interest 65 5.11.0 Land Ceasing to be Settlement Land 66 5.12.0 Reacquisition 66 5.13.0 Deregistration 67 5.14.0 Proposed Site Specific Settlement Land 67 5.15.0 Waterfront Right-of-Way 68 5.16.0 Notations for Hydro-electric and Water Storage Projects 69 CHAPTER 6 ACCESS 71 6.1.0 General 71 6.2.0 Access to Crown Land 72 6.3.0 General Access 74 6.4.0 Government Access 75 6.5.0 Military Access 77 6.6.0 Conditions of Access 77 CHAPTER 7 EXPROPRIATION 79 7.1.0 Objective 79 7.2.0 Definitions 79 7.3.0 General 79 7.4.0 Procedures for Expropriation 79 7.5.0 Procedures for Compensation 80 7.6.0 Public Hearings 83 7.7.0 Expropriation Pursuant to the National Energy Board Act 84 7.8.0 Expropriation for Hydro-electric and Water Storage Proje cts 84 CHAPTER 8 SURFACE RIGHTS BOARD 85 8.1.0 General 85 8.2.0 Jurisdiction of the Board 86 8.3.0 Powers and Responsibilities of the Board 86 - iii - TABLE OF CONTENTS VOLUME 1 PAGE NO: 8.4.0 Compensation 88 8.5.0 Legislation 89 CHAPTER 9 SETTLEMENT LAND AMOUNT 91 9.1.0 Objective 91 9.2.0 Yukon Settlement Land Amount 91 9.3.0 Yukon First Nations' Settlement Land Amount 91 9.4.0 Land Negotiation Restrictions 92 9.5.0 Balanced Selection 92 9.6.0 Crown and Settlement Land Exchange 94 9.7.0 Designation of Private Land as Fee Simple Settlement Land 94 Schedule A Allocation of Settlement Land Amount 97 CHAPTER 10 SPECIAL MANAGEMENT AREAS 99 10.1.0 Objective 99 10.2.0 Definitions 99 10.3.0 Establishment of Special Management Areas 99 10.4.0 Rights and Interests of Yukon First Nations 101 10.5.0 Management of Future Special Management Areas 102 10.6.0 Relationship to the Land Use Planning and Development Assessment Processes 103 10.7.0 Fish and Wildlife Management 104 Schedule A Kusawa Park 105 - Definitions 105 - Objectives 107 - Establishment 109 - Steering Committee 113 - Management Plan 114 - Review and Approval of the Management Plan 116 - Implementation of the Approved Management Plan 116 - Review and Amendment of the Approved Management Plan 119 - Fish and Wildlife 120 - Forest Resources 121 - Heritage 121 - iv - TABLE OF CONTENTS VOLUME 1 PAGE NO: - Economic Opportunities 122 - Development Assessment and Land Use Planning 124 Schedule B Lewes Marsh Habitat Protection Area 125 - Definitions 125 - Objectives 127 - Establishment 128 - Steering Committee 131 - Management Plan 132 - Approval of the Management Plan 134 - Implementation of the Approved Management Plan 134 - Review and Amendment of the Approved Management Plan 136 - Fish and Wildlife 137 - Forest Resources 137 - Heritage 137 - Economic Opportunities 138 - Development Assessment and Land Use Planning 140 - Hydro-Electric Production 140 Schedule C Tagish River Habitat Protection Area 142 - Definitions 142 - Objectives 142 - Establishment 143 - Steering Committee 145 - Management Plan 146 - Review and Approval of the Management Plan 147 - Implementation of the Approved Management Plan 148 - Review and Amendment of the Approved Management Plan 148 - Fish and Wildlife 149 - Forest Resources 149 - Heritage 149 - Economic Opportunities 150 - Development Assessment and Land Use Planning 151 - Hydro-Electric Production 151 Schedule D Agay Mene Natural Environment Park 153 - Definitions 153 - Objectives 154 - v - TABLE OF CONTENTS VOLUME 1 PAGE NO: - Establishment 155 - Atlin Power Line 157 - Fish and Wildlife 158 - Steering Committee 158 - Management Plan 159 - Approval and Review of the Management Plan 161 - Implementation and Review 162 - Review and Amendment of the Approved Management Plan 163 - Fish and Wildlife 164 - Heritage 165 - Forest Resources 165 - Development Assessment and Land Use Planning 165 CHAPTER 11 LAND USE PLANNING 167 11.1.0 Objectives 167 11.2.0 Land Use Planning Process 167 11.3.0 Yukon Land Use Planning Council 168 11.4.0 Regional Land Use Planning Commissions 169 11.5.0 Regional Land Use Plans 172 11.6.0 Approval Process for Land Use Plans 172 11.7.0 Implementation 173 11.8.0 Sub-Regional and District Land Use Plans 174 11.9.0 Funding 174 11.10.0 Consultation in Respect of Portions of Certain
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