TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 1 of 19 1 12.0 ABORIGINAL ENGAGEMENT 2 This section describes the Aboriginal engagement process by TransCanada Keystone 3 Pipeline GP Ltd. (“Keystone”) for the Canadian portion of the Keystone XL Pipeline 4 project (the “Project”). It includes a summary of the: 5 • specific principles and goals of the Aboriginal engagement process for the 6 Project; 7 • methodology used for the engagement process; 8 • process for integrating appropriate mitigation measures into the Project plans; and 9 • future planned engagement activities. 10 12.1 Principles and Goals 11 In addition to the principles and goals set out in Section 10, the Aboriginal 12 engagement process was intended to: 13 • identify the potential effects of the Project on the current use of lands for 14 traditional activities; 15 • identify sites of cultural and historical importance to Aboriginal people that may 16 be affected by the Project; 17 • obtain local and traditional knowledge relevant to the Project; and 18 • build and enhance relationships relating to community expectations and 19 community protocols. 20 12.2 Engagement Process Methodology 21 The Aboriginal engagement process for the Project is based on a participatory 22 approach. The key steps in this process are described below. TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 2 of 19 1 12.2.1 Step 1 – Proximity Determination 2 The first step in the engagement process was to do desktop research to determine the 3 proximity of the Project area to: 4 • reserves or other lands designated for future reserve status under the Indian Act; 5 • Métis settlements and communities; and 6 • areas of traditional use, i.e. hunting, fishing, trapping. 7 8 The engagement zone for the Project was initially defined to include an area 9 approximately 50 km on either side of the entire length of the proposed pipeline 10 route. This zone is shown, along with the Treaty boundaries and reserves, in Figure 11 12-1. 12 Using a combination of publicly available information and TransCanada PipeLines 13 Limited’s (“TransCanada”) existing land-based and Aboriginal engagement data, 14 Keystone confirmed that the pipeline route: 15 • crosses lands covered by Treaties 4, 6 and 7; 16 • does not cross any reserves, as defined under the Indian Act; and 17 • does not cross any lands that have been designated for reservation status under the 18 Indian Act. 19 Nekaneet and Carry The Kettle First Nations reserves are located within the initial 20 engagement zone. In addition, both First Nation communities have purchased lands 21 that have been placed on an Indian and Northern Affairs Canada (“INAC”) waiting 22 list to be designated as reservations; however, these lands are not within the 23 engagement zone. TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 3 of 19 Figure 12-1: Keystone XL Pipeline Aboriginal Engagement Zone and Treaty Boundaries TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 4 of 19 1 An initial list of potentially affected Aboriginal communities was developed based on 2 this desktop research, and, as a first step, telephone contact was established with those 3 identified Aboriginal communities having an existing relationships with 4 TransCanada. 5 12.2.2 Step 2 – Community Identification and Confirmation 6 To validate and update the initial list of contacts, Aboriginal communities, 7 organizations and government officials were contacted by telephone during the spring 8 and early summer of 2008. These calls were made mainly to individuals and groups 9 with responsibility for matters pertaining to environment, land and economic 10 development. They were intended to: 11 • provide the Project team with an indication as to whether the community or 12 organization may have an interest in the Canadian portion of the Keystone XL 13 Pipeline, based on the proximity of the Project area to their traditional lands or the 14 traditional lands of their members; 15 • help identify other communities that could have traditional lands in the Project 16 area; and 17 • obtain recommendations on the appropriate first points of contact for the other 18 referred communities. 19 Once identified, the first points of contact were then phoned to confirm their interest 20 in the Project, and an information package was sent to them for their review and 21 feedback. If there was no response, the Project team did not take any further action to 22 establish contact, focusing on engaging the communities that had expressed an 23 interest. 24 In addition to the initial community outreach, Aboriginal organizations and 25 governments, both First Nations and Métis, were contacted to assess their interest in 26 the Project and were asked whether they should be engaged as the primary first point TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 5 of 19 1 of contact, or as an organization representing some aspect of their community or 2 region. These organizations indicated that the primary first point of contact should be 3 the community or region that they represented, but that they should also be kept 4 informed on the Project. The organizations were: 5 • Federation of Saskatchewan Indian Nations; 6 • File Hills Qu’Appelle Tribal Council; 7 • Métis Nation of Alberta ; 8 • Métis Nation of Alberta, Region III Regional Council; 9 • Métis Nation – Saskatchewan; 10 • Métis Nation – Saskatchewan, Western Regions IIA and III; and 11 • Treaty Seven Management Corporation. 12 Based on the feedback provided by the communities and organizations, a validated 13 list of community and regional contacts was developed. The list was subsequently 14 discussed with the federal and provincial government departments responsible for 15 Aboriginal affairs. INAC confirmed the nearest reservations to the Project area and 16 indicated that it would like to be kept apprised of the Project. 17 Based on the community identification and confirmation process, the following First 18 Nation communities have been advised of the Project: 19 First Nations in Alberta: 20 • Blackfoot Confederacy: 21 Siksika Nation; 22 Kainai Nation (Blood);and 23 Piikani Nation; 24 • Maskwacis (Cree Nations): 25 Ermineskin Cree Nation; TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 6 of 19 1 Louis Bull; 2 The Montana First Nation; 3 Samson Cree Nation; 4 • Frog Lake First Nation; 5 • Alexander First Nation; and 6 • Nakoda (Stoney Nation). 7 First Nations in Saskatchewan: 8 • Nekaneet First Nation; 9 • Little Pine First Nation; 10 • Lucky Man Cree Nation; 11 • Red Pheasant Cree Nation; 12 • Chief Big Bear Nation; 13 • Mosquito, Grizzly Bear’s Head, Lean Man First Nations; 14 • Beardy’s and Okemasis First Nation; 15 • Peepeekiss First Nation; 16 • Piapot First Nation; 17 • Poundmaker First Nation; 18 • Saulteaux First Nation; 19 • Standing Buffalo Dakota First Nation 20 • Sweetgrass First Nation; 21 • Thunderchild First Nation; 22 • Wood Mountain First Nation; and 23 • Nakota Nation (Carry The Kettle First Nation). TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 7 of 19 1 12.2.3 Step 3 – Sharing Project Information 2 12.2.3.1 Project Information Package 3 During the spring and summer of 2008, the validated list of Aboriginal communities 4 was used to distribute an introductory Project information package containing the 5 documents listed below. Copies of these materials are provided in Appendix 10-1. 6 • Aboriginal Relations TransCanada brochure 7 • Keystone XL Pipeline preliminary route map 8 • TransCanada Field Operations Regions map (2008) 9 • Rocky Mountain Region map 10 • Keystone XL Pipeline Project brochure 11 • Pipeline Construction Project fact sheet 12 • Pipeline Construction Top Soil Management Project fact sheet 13 • Emergency Response Plan Project fact sheet 14 • Energy Infrastructure Project fact sheet 15 • Pump Stations Project fact sheet 16 • What Landowners Can Expect Project fact sheet 17 • Leak Prevention And Detection Project fact sheet 18 • Cathodic Protection Project fact sheet 19 • About Crude Oil Project fact sheet 20 • Biological And Cultural Resource Surveys Project fact sheet 21 • Connecting With Our Communities TransCanada brochure 22 • Your Safety, Our Integrity TransCanada fact sheet 23 • Alberta One Call TransCanada brochure 24 In the cover letter to the introductory Project information package, recipients were 25 asked to confirm the level of interest that their community or organization might have 26 in the Project. An engagement plan was prepared for those communities indicating a TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 8 of 19 1 potential interest in the Project, reflecting the nature and timing of individual 2 community responses. While a variety of communication tools have been used in 3 preparing engagement plans, the most important have been the face-to-face meetings 4 with those communities expressing interest in being directly engaged in the Project. 5 The community identification and confirmation step has been ongoing and iterative. 6 Requests