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Teslin Tlingit Council Final Agreement

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Teslin Tlingit Council Final Agreement TESLIN TLINGIT COUNCIL FINAL AGREEMENT TESLIN TLINGIT COUNCIL FINAL AGREEMENT between THE TESLIN TLINGIT COUNCIL, THE GOVERNMENT OF CANADA, and THE GOVERNMENT OF THE YUKON AGREEMENT made this _____ day of _________________, 1993. AMONG: Her Majesty the Queen in Right of Canada as represented by the Prime Minister (hereinafter referred to as "Canada"); 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"); AND The Teslin Tlingit Council as represented by the Teslin Tlingit Council General Council (hereinafter referred to as the "Teslin Tlingit Council") being the parties to the Teslin Tlingit Council Final Agreement (hereinafter referred to as "this Agreement"). WHEREAS: The Teslin Tlingit Council asserts aboriginal rights, titles and interests with respect to its Traditional Territory; the Teslin Tlingit Council 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 Teslin Tlingit and the land; the parties to this Agreement wish to encourage and protect the cultural distinctiveness and social well-being of Teslin Tlingit; the parties to this Agreement recognize the significant contributions of Teslin Tlingit and the Teslin Tlingit Council to the history and culture of the Yukon and Canada; the parties to this Agreement wish to enhance the ability of the Teslin Tlingit Council and Teslin Tlingit 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 Teslin Tlingit Council Traditional Territory; the parties to this Agreement wish to achieve certainty with respect to their relationships with each other; the Teslin Tlingit Council, Canada and the Yukon have authorized their representatives to sign this land claims agreement; NOW THEREFORE, in consideration of the terms, exchange of promises, conditions and provisos contained herein, the parties to this Agreement agree to the following. Signed at _________________, Yukon, the ______ day of___________1993. ______________________________ ______________________________ Douglas Smarch, Sr. Witness Clan Leader - Daxaweidi ______________________________ _______________________________ Matthew Thom Witness Clan Leader - Yanyeidi ______________________________ _______________________________ Watson Smarch Witness Clan Leader - Daishektaan ______________________________ _______________________________ Frank Jackson Witness Clan Leader - Xooxetaan ______________________________ _______________________________ Sam Johnston Witness Clan Leader - Isheketaan ______________________________ _______________________________ David Keenan Witness Chief - Teslin Tlingit Council ______________________________ _______________________________ The Right Honourable Witness Brian Mulroney Prime Minister of Canada ______________________________ _______________________________ John Ostashek Witness Government Leader of the Yukon TABLE OF CONTENTS VOLUME 1 PAGE NO: CHAPTER 1 DEFINITIONS 1 CHAPTER 2 GENERAL PROVISIONS 7 2.1.0 The Umbrella Final Agreement 7 2.2.0 Settlement Agreements 7 2.3.0 Amendment 8 2.4.0 Settlement Legislation 10 2.5.0 Certainty 11 2.6.0 Interpretation of Settlement Agreements and Application of Law 12 2.7.0 Access to Information and Privacy 13 2.8.0 Remedies 13 2.9.0 Internal Overlap and Transboundary Agreements 13 2.10.0 Representation and Warranty 14 2.11.0 General 14 2.12.0 Boards 16 Schedule A Ratification of the Teslin Tlingit Council Final Agreement 18 - Definitions 18 - General 18 - Ratification Committee 18 - Ratification Budgets 19 - Initiation of the Ratification Process 19 - Eligible Clan Members List 19 - Information Campaign 19 - Authorization of the Council 20 - Ratification by the Council 20 - Report by Ratification Committee 21 - Signing of the Agreement 21 - Annex - Teslin Tlingit Final Agreement Authorization Form 22 Schedule B Resolution of Overlapping Claims 25 - Definitions 25 - Agreements 25 - Dispute Resolution 25 - Application of this Agreement in an Overlapping Area 26 - Other Yukon First Nation Final Agreements 27 - Traplines 27 - Consultation in the Overlapping Area 27 - i - CHAPTER 3 ELIGIBILITY AND ENROLLMENT 28 3.1.0 Definitions 28 3.2.0 Eligibility Criteria 28 3.3.0 Applications on behalf of Another Person 29 3.4.0 Other Settlements 29 3.5.0 Enrollment Committees 30 3.6.0 Enrollment Commission 31 3.7.0 Judicial Review 33 3.8.0 Budget 34 3.9.0 Dissolution of Enrollment Committees 34 3.10.0 Continuation of Enrollment 35 3.11.0 Dispute Resolution 35 3.12.0 Public Access 36 CHAPTER 4 RESERVES AND LAND SET ASIDE 37 4.1.0 Reserves 37 4.2.0 Land Set Aside 38 4.3.0 Selection of Additional Land 38 4.4.0 Release 41 CHAPTER 5 TENURE AND MANAGEMENT OF SETTLEMENT LAND 42 5.1.0 Definitions 42 5.2.0 General 42 5.3.0 Maps and Descriptions 43 5.4.0 Settlement Land 43 5.5.0 Yukon First Nation Management Powers 44 5.6.0 Administration by Government 45 5.7.0 Disclosure of Government Interests in Settlement Land 46 5.8.0 Beds of Waterbodies 48 5.9.0 Interests in Settlement Land - Less than Entire Interest in 5.4.1 48 5.10.0 Interests in Settlement Land - Entire Interest 49 5.11.0 Land Ceasing to be Settlement Land 50 5.12.0 Reacquisition 50 5.13.0 Deregistration 50 5.14.0 Proposed Site Specific Settlement Land 51 5.15.0 Waterfront Right-of-Way 51 5.16.0 Notations for Hydro-electric and Water Storage Projects 53 CHAPTER 6 ACCESS 54 6.1.0 General 54 6.2.0 Access to Crown Land 55 6.3.0 General Access 56 6.4.0 Government Access 58 6.5.0 Military Access 59 6.6.0 Conditions of Access 59 - ii - CHAPTER 7 EXPROPRIATION 60 7.1.0 Objective 60 7.2.0 Definitions 60 7.3.0 General 60 7.4.0 Procedures for Expropriation 60 7.5.0 Procedures for Compensation 61 7.6.0 Public Hearings 63 7.7.0 Expropriation pursuant to the National Energy Board Act 64 7.8.0 Expropriation for Hydro-electric and Water Storage Projects 64 CHAPTER 8 SURFACE RIGHTS BOARD 65 8.1.0 General 65 8.2.0 Jurisdiction of the Board 66 8.3.0 Powers and Responsibilities of the Board 66 8.4.0 Compensation 67 8.5.0 Legislation 68 CHAPTER 9 SETTLEMENT LAND AMOUNT 69 9.1.0 Objective 69 9.2.0 Yukon Settlement Land Amount 69 9.3.0 Yukon First Nations' Settlement Land Amount 69 9.4.0 Land Negotiation Restrictions 69 9.5.0 Balanced Selection 70 9.6.0 Crown and Settlement Land Exchange 71 Schedule A Allocation of Settlement Land Amount 72 CHAPTER 10 SPECIAL MANAGEMENT AREAS 73 10.1.0 Objective 73 10.2.0 Definitions 73 10.3.0 Establishment of Special Management Areas 73 10.4.0 Rights and Interests of Yukon First Nations 74 10.5.0 Management of Future Special Management Areas 75 10.6.0 Relationship to the Land Use Planning and Development Assessment Processes 76 10.7.0 Fish and Wildlife Management 76 - iii - Schedule A Nisutlin River Delta National Wildlife Area 77 - Objectives 77 - Definitions 77 - Establishment 77 - Fish and Wildlife 77 - Forest Resources 77 - Management of the Area 78 - Management Plan Implementation 78 - Management Plan 79 - Review and Amendments 79 - Site Specifics 79 CHAPTER 11 LAND USE PLANNING 80 11.1.0 Objectives 80 11.2.0 Land Use Planning Process 80 11.3.0 Yukon Land Use Planning Council 81 11.4.0 Regional Land Use Planning Commissions 82 11.5.0 Regional Land Use Plans 83 11.6.0 Approval Process for Land Use Plans 83 11.7.0 Implementation 84 11.8.0 Sub-Regional and District Land Use Plans 84 11.9.0 Funding 85 CHAPTER 12 DEVELOPMENT ASSESSMENT 86 12.1.0 Objective 86 12.2.0 Definitions 86 12.3.0 Development Assessment Legislation 87 12.4.0 Scope 87 12.5.0 Entry Point 88 12.6.0 Designated Office 89 12.7.0 Yukon Development Assessment Board 89 12.8.0 YDAB Powers and Responsibilities 90 12.9.0 Executive Committee Powers 91 12.10.0 Panels of YDAB 92 12.11.0 Panel Powers 93 12.12.0 YDAB Recommendations 93 12.13.0 Determination of the Decision Body 94 12.14.0 Implementation of Decision Document 95 12.15.0 Monitoring and Enforcement 96 12.16.0 Transboundary Impacts 96 12.17.0 Relationship to Land Use Planning 97 12.18.0 Funding 97 12.19.0 Implementation 97 - iv - CHAPTER 13 HERITAGE 99 13.1.0 Objectives 99 13.2.0 Definitions 100 13.3.0 Ownership and Management 100 13.4.0 General 101 13.5.0 Yukon Heritage Resources Board 102 13.6.0 National Parks and National Historic Sites 103 13.7.0 Research 103 13.8.0 Heritage Sites 104 13.9.0 Yukon First Nation Burial Sites 106 13.10.0 Documentary Heritage Resources 107 13.11.0 Place Names 108 13.12.0 Economic Opportunities 108 Schedule A Heritage Routes and Sites 110 - Heritage Routes 110 - Heritage Sites 110 CHAPTER 14 WATER MANAGEMENT 111 14.1.0 Objective 111 14.2.0 Definitions 111 14.3.0 General 111 14.4.0 Water Board 111 14.5.0 Water Rights of Yukon First Nations 112 14.6.0 Government's Management Powers 113 14.7.0 Water Rights of Other Parties on Settlement Land 113 14.8.0 Protection of Quantity, Quality and Rate of Flow of Water 114 14.9.0 Protection of Yukon First Nation Traditional Uses on Non-Settlement Land 115 14.10.0 Interjurisdictional Agreements 116 14.11.0 Water Use Disputes 116 14.12.0 Compensation 117 CHAPTER
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