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Frog Lake First Nation CA PDF Page 1 of 26 Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation FROG LAKE FIRST NATION Frog Lake First Nation (FLFN) (Band No. 465) is a Cree Nation affiliated with Tribal Chiefs Ventures Inc., a member of the Confederacy of Treaty Six First Nations and a signatory of Treaty 6 (AANDC 2016; CTSN 2016). Frog Lake First Nation falls under the Indian Act election provisions, with a Chief and six Councillors elected to a two-year term (AANDC 2016). Frog Lake First Nation is located in northeast Alberta, 210 km east of Edmonton (FLFN 2014). Frog Lake First Nation comprises three reserves: Puskiakiwenin 122 (10,339 ha), located 65 km east of St. Paul; Blue Quills First Nation Indian Reserve (96 ha), located 3 km west of St. Paul; and Unipouheos 121 (8506 ha), located 32 km southeast of Bonnyville. Most Frog Lake First Nation members reside on reserve. Puskiakiwenin 122 is the most populated of the three reserves (AANDC 2016). As of March 2016, Frog Lake First Nation had a registered population of 3,171, with 1,745 members on reserve, 272 on other reserves, 4 members on Crown land and 1,150 living off reserve (AANDC 2016). LOCATION RELATIVE TO THE PROJECT Puskiakiwenin 122 is located 143 km from the Project development area (PDA). The Frog Lake First Nation traditional territory intersects with the proposed right-of-way (RoW) from Hardisty, Alberta to the southeastern border of Frog Lake First Nation Traditional Territory. Approximately 99 km of the RoW is located within the Frog Lake First Nation traditional territory (FLFN 2014). Frog Lake First Nation traditional territory in Alberta is described as an area that “ranges in the southwest from the Alberta–Saskatchewan border north of Loverna, slightly northwesterly south of Consort, Coronation, and Castor. Thereafter, the border runs northeast of Forestburg, Killam and Viking. The border crosses the Yellowhead Highway east of Vegreville and west of Manville. It then proceeds northeast of St. Paul, and thereafter northwest to the south edge of Lakelands Provincial Park. It then follows the south border of the Cold Lake Air Weapons Range to west of Primrose Lake, where the boundary goes northwest around the lake, then northwest to the northwest corner of the Weapons Range (31,890 km2)” (FLFN 2014). TLRU INFORMATION SOURCE An independent traditional land and resource use (TLRU) study was conducted by Frog Lake First Nation, with support from David Hedmann & Associates. Data were compiled from historical and archival resources and interview sessions were conducted with 25 TLRU participants regarding past and current use and occupancy of the land, to verify TLRU data and provide additional information. TLRU data review, synthesis and analysis of both maps and interview recordings took place before the community verification meeting with the TLRU participants. A Land Use and Occupancy Study (LUOS) for the Proposed TransCanada Energy East Pipeline Project – Final Report (FLFN 2014) was provided by Frog Lake First Nation for use in the regulatory process for the Project in April 2015; this source of TLRU information was reviewed and information was incorporated into Table 4, columns “Traditional Land and Resource Use Information” and “Frog Lake First Nation Mitigation Recommendations.” KEY TOPICS IDENTIFIED BY FROG LAKE FIRST NATION IN RELATION TO THE PROJECT The following key topics were identified from TLRU information provided by Frog Lake First Nation in relation to the Project (FLFN 2014): • Potential effects from the Project on lands in the southern portion of Frog Lake First Nation Traditional Territory, particularly on areas used for hunting, fishing, gathering berries and other food products, and gathering traditional plants. • Potential effects from the Project within the Battle River watershed, of high environmental value to Frog Lake First Nation. • Potential for disturbance of historic trails and routes that remain in the area through which the proposed pipeline passes. Frog Lake First Nation is currently working with Alberta Heritage and others to restore and reclaim identified trails and routes within the area of the proposed pipeline. • Cultural importance of the Hardisty area and Sounding Lake to Frog Lake First Nation. • Culturally significant sites are located in the Moose Hills area and the Moosachee Trail and Dog Rump Trail. • Potential effects from the Project on Frog Lake First Nation Aboriginal and treaty rights in and around the pipeline corridor. Frog Lake First Nation has identified 9 sites within the PDA, 4 sites within the TLRU local assessment area (LAA), and 4 sites within the TLRU regional assessment area (RAA)1. As described in Volume 16, Part A, Section 5.3.2, for the purposes of the TLRU assessment: (1) the PDA is defined as the area of physical disturbance associated with the construction or operation of the Project; (2) the LAA is defined as the area that extends 1 km beyond the PDA; and (3) the RAA is defined as the area that extends 15 km beyond the PDA. Energy East has developed standard mitigation measures, as listed in Table 4, that are expected to effectively address potential effects from the Project. Energy East is committed to meeting with Frog Lake First Nation to discuss these mitigation measures and determine if additional mitigation measures are required. 1 Information was provided by Frog Lake First Nation in both text and figure format, which overlap in certain cases. As a result, the total number of sites may be over-represented for each area. Energy East Pipeline Ltd. May 2016 1 CA PDF Page 2 of 26 Energy East Project Frog Lake First Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation stated that their traditional use area expands and evolves as TLRU data continues to be collected from Frog Lake First Nation members. Frog Lake First Nation noted that, “Frog Lake First Nation (FLFN) people want to mitigate or stop activities that have or will have direct and adverse effects on their Aboriginal title and Aboriginal rights including to hunt, fish, gather, trap, to access the lands within their territory as their ancestors did for thousands of years, and to protect what they can of their cultural landscape” (FLFN 2014). Frog Lake First Nation is of the opinion that a strong working relationship with Energy East will help to mitigate project effects on Frog Lake First Nation Aboriginal and treaty rights. Frog Lake First Nation stated an interest in building new partnerships that strengthen culture, heritage and economy (FLFN 2014). FROG LAKE FIRST NATION TLRU INFORMATION AND MITIGATION TABLE PROJECT DESCRIPTION2 FOR ALBERTA SEGMENT: This segment includes approximately 284 km of new pipeline (3 km in Saskatchewan), five pump stations, a tank terminal at Hardisty, Alberta, a pressure control station near Burstall, Saskatchewan, installation of watercourse crossings and mainline valves, and permanent access roads. Environmental protection measures for construction are included in the New Pipeline Environmental Protection Plan (EPP), Pump Station EPP, Temporary Facilities EPP and Tank Terminal EPP (see Volume 21). This segment also includes three preliminary camp locations. During operation, maintenance will be conducted within the PDA for all Project components. Environmental protection measures for maintenance, including pipeline integrity management, will follow TransCanada’s health, safety and environmental management framework. PROJECT CONTEXT: This segment is in southern Alberta. Frog Lake First Nation has identified the following locations that are farther than 50 km from the PDA: Murphy Road is located approximately 131 km from the PDA; Saddle Lake Reserve No. 125, approximately 138 km from the PDA; Onion Lake Reserve 119-2, approximately 138 km from the PDA; Frog Lake, approximately 145 km from the PDA; Hobbema, approximately 148 km from the PDA; Onion Lake Reserve 119-1, approximately 148 km from the PDA; Kehewin Reserve No. 123, approximately 157 km from the PDA; and southern edge of Cold Lake Weapons Range, approximately 233 km from the PDA. MITIGATION MEASURES: Energy East will implement the following mitigation measures specific to TLRU: • Energy East commits to ongoing communication with Aboriginal groups regarding Project activities (e.g., access during construction, mitigation measures, reclamation planning, post-construction monitoring and access management). • All applicable stakeholders and Aboriginal groups affected by the Project will be notified of the intended Project schedule before the start of construction. • Known TLRU sites and areas deemed appropriate for inclusion by Aboriginal groups will be identified on the environmental alignment sheets or environmental figures (see the EPPs). If TLRU-sensitive features not previously identified are discovered during construction, the TLU Sites Discovery Contingency Plan (see the EPPs) will be followed. • Clearly mark all TLRU sites and areas identified in the resource-specific mitigation tables and the environmental alignment sheets or environmental figures within the immediate vicinity of the PDA before the start of clearing. Following clearing, marking will be undertaken to delineate the sensitive resources. • An environmental and site safety orientation will be developed and implemented by the Contractor for all Project staff and visitors on actions to take if TLRU sensitive features are found. • TLRU access will be maintained to current access roads within or adjacent to the
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