Institute of Urban Studies THE UNIVERSITY OF WINNIPEG January, 2012 Peguis First Nation TLE Selection, Acquisition and Development Background Report & Strategic Framework INSTITUTE OF URBAN STUDIES UNIVERSITY OF WINNIPEG © THE INSTITUTE OF URBAN STUDIES, 2012 Mailing Address: Offices: 515 Portage Avenue 599 Portage Avenue, Winnipeg Winnipeg, Manitoba phone: (204) 982-1140 R3B 2E9 fax: (204) 943-4695 general email: [email protected] PEGUIS FIRST NATION: TLE SELECTION, ACQUISITION AND DEVELOPMENT: BACKGROUND REPORT AND STRATEGIC FRAMEWORK Published January 2012 by the Institute of Urban Studies, University of Winnipeg ISBN 978-1-894858-39-7 Version history: This document has been strongly informed through consultation with the Peguis First Nation Community and the Peguis TLE Land Selection and Advisory Committee. August 15, 2011 First Draft Submission of Background Report September 6, 2011 Feedback on First Draft and Revisions October 14, 2011 Presentation to LSAAC: Background Report and Initial Strategic Recommendations. Feedback and Revisions December 20, 2011 Inclusion of Strategic Framework January, 2012 FINAL: Background Report & Strategic Framework Primary Authors: Jino Distasio, Michael Dudley, and Scott McCullough Contributing authors: Matthew Havens, Matt Carreau Design & Layout: Scott McCullough The Institute of Urban Studies (IUS) is an independent research arm of the University of Winnipeg. Since 1969, the IUS has been both an academic and an applied research centre, committed to examining urban development issues in a broad, non partisan manner. The Institute examines inner city, environmental, Aboriginal and community development issues. In addition to its ongoing involvement in research, IUS brings in visiting scholars, hosts workshops, seminars and conferences, and acts in partnership with other organizations in the community to effect positive change. Institute of Urban Studies Executive Summary “Which lands are selected for which purposes will have a huge impact on the social and economic future of the Peguis people for generations to come.” Peguis Comprehensive Community Plan, p.60 his report sets out a framework on which Peguis in the CCP between stated planning objectives and land First Nation can build their land acquisition use considerations, it should be recognized that all Band strategy. The purpose of the framework will be activities imply a physical location, and as such will be Tto provide the conceptual and analytical tools the TLE affected by the acquisition and development of lands. Advisory Committee needs to select land for purchase and development. These tools will help articulate Peguis’ However, one area that is referred to in multiple sections land development strategy in terms of objectives, is that of housing, both on-reserve and off. Land- principles, criteria and priorities. This document is use planning can facilitate the more efficient creation the Background Report that outlines major concepts, of housing – for instance, by restricting in advance principles and statutory bases for land acquisition and the construction of housing on the flood plain, and by development, and findings from selected case studies, all planning appropriate locations for differing housing of which will form the basis of further consultations with types. Housing considerations will also relate to other the TLE Advisory Committee and other stakeholders. It economic development activities and energy planning. will be followed by a final Land Acquisition Strategy. Both of these reports will consider issues related to To undertake these land acquisition and developments, governance, evaluation criteria, substantive priorities Peguis has at its disposal funds association with its Treaty and process. Land Entitlement Settlement as well as its Surrender Agreement. There are restrictions on the use of the funds This report reviews planning documents provided by the that Peguis has available. The Land Purchase Fund of Peguis First Nation, including its Draft Comprehensive $55 million appears to be restricted to the purchase of Plan; statutory documents; relevant literature related to land only. land acquisition and development by indigenous peoples, particularly in the Canadian context; case studies of For guidance, the report offers an extensive review successful land acquisition and development. of key books and articles covering such issues as contrasting cultural attitudes towards land and systems For the purposes of this report, the Institute of Urban of Aboriginal land tenure. Structural barriers – such as Studies considered the Draft Comprehensive Community the provisions of the Indian Act – are considered, as are Plan in regards to the question, How do land development alternatives such as the First Nations Land Management considerations relate or contribute to each of Peguis’s Act (FNLMA), which allows First Nations to opt out of community objectives as expressed in the Plan? the land provisions of the Indian Act and develop their own land code, removing all land decisions from the A review of the Plan reveals that most of the objectives Crown. The major issue considered in the review relates in it are social, economic and program-related in nature, to governance and leadership, and in establishing the and less focused on the acquisition and development of necessary institutions, bureaucracy and cultural match to land. However, given that all activities of the community provide the foundation for economic development. The must occur on land there is inevitably some significant Harvard Project in the United States and the Commerce correspondence with land acquisition and development Board of Canada are relied on extensively to support concerns. Discussion points follow each CCP element these arguments. related to land. While there are not clearly-stated linkages THE UNIVERSITY OF WINNIPEG i The review of the literature shows profound Development based on the use of land is a common interconnections between land development, forms of strategy, but not the only option. The Harvard project governance, culture and economic strategies, to the emphasizes that development is primarily a political extent that planning in one area cannot be undertaken problem. Location of development, however, is key: successfully, or realistically, without addressing business or industrial parks, commercial centres or the others. As stated in the CCP, “land selection must hospitality must be along major transportation routes never be separated from the process and outcomes of and/or near existing population centres. Use of zoning community development, community governance, and and property taxation on reserve lands can also provide comprehensive community planning.” an income stream. For those Bands that pursue gaming, it must be reconciled with the Band’s culture and balanced Broader economic strategies are also considered, which against negative social effects. can help a First Nation in their ability to access financing and markets. Internal assets would include natural Based on the literature and case studies, this report resources, human capital, and institutions of governance develops an organizational structure and a Strategic and people’s culture. External opportunities have also Framework that will give some assistance to the been taken advantage of. Indian gaming is seen by many LSAAC when evaluating opportunities as they arise. as a viable strategy, and is worth considering – but only as The organizational structure can assist Peguis in moving part of a broader economic development strategy. Given through the process of Land Selection and Acquisition, as its inherent risk, gambling should not be the foundation, well as economic development. The Framework provides or only element of, a First Nation’s economy. sound guidelines for decision-making when considering opportunities. The key element of this framework is the One way to minimize the risks associated with economic need to be adaptive, as the TLE Agreement stipulates development is through the pursuit of joint ventures, or that Peguis has a 25-year window in which to make strategic partnerships with other existing businesses. This purchases on the private market. Therefore, the resulting is the single most successful economic strategy seen in Framework is not prescriptive and rigid, but rather offers the case studies. guidelines and criteria by which to judge opportunities. These criteria are expected to evolve as development Five case studies demonstrate the principles that occurs and circumstances change. emerged from the literature. Muskeg Lake Cree Nation in Saskatchewan; Osoyoos Indian Band in B.C.; The Strategic Management and Planning of land Lac La Ronge in Saskatoon; Membertou in Sydney, opportunities and economic development is the critical Nova Scotia and Long Plain First Nation, Manitoba missing piece. Recommendations focus on the need for an are examined as they provide excellent examples of overall development strategy to guide land acquisitions. successful First Nations. Not all of these have acquired Also strongly recommended is the recruitment of their wealth through land development, but some experienced, skilled people to assess land opportunities have. All have economic development corporations as they arise, to run businesses, and guide economic and one – Membertou – actually reorganized itself as development. a corporation. The extensive use of joint ventures also figures prominently. ii Institute of Urban Studies Table of Contents: 1.0 Introduction