Manitoba Hydro (MH) Information Request to Brokenhead Ojibway Nation (BON) Manitoba Minnesota Transmission Project EH-001-2017

IR Number: MH-BON-1.1

Issue/Topic: Treaty Land Entitlement (TLE) and Community Interest

Zone Reference: In Brokenhead Ojibway Nation’s written evidence (NEB- A91763-1 ), BON states:

Comment 3: BON has indicated that they are concerned about their community interest zone and TLE. While a TLE parcel does not become unavailable if there is a transmission line crossing through, the TLE process is very lengthy and requires criteria to be satisfied with the following: “there are no significant environmental concerns, best efforts have been made to address any concerns of municipal and provincial or territorial governments, the proposal is cost-effective and any necessary funding has been identified within operational budgets, third party issues, such as leases and licenses have been identified and addressed, public access concerns have been addressed” (AADNC-AANDC, 2016). It is possible that a transmission line may impact the potential of satisfaction of one of these criteria and/or could impact whether BON community members will want to use the area once a transmission line is in place.

Recommendation 3: Confirmation of whether BON has a TLE selection intersecting or within the 40 km of the Project is needed. An assessment of impact is needed once the above has been determined.

Preamble: Manitoba Hydro is not aware of any selected TLE parcel being traversed by the Final Preferred Route. Manitoba Hydro also understands that the Final Preferred Route is outside of the BON Community Interest Zone, as shown on the attached map (Appendix “A”).

Information Request from Manitoba Hydro:

(a) Please confirm that no selected TLE parcel is crossed by the Final Preferred Route. If not confirmed, please provide a map of, or the legal land description of, the selected TLE parcel(s) crossed by the Final Preferred Route.

Brokenhead Ojibway Nation Response:

Brokenhead Ojibway Nation (BON) has a Treaty Land Entitlement (TLE) and reserve parcels located approximately 10 kilometres from the Final Preferred Route which was not included on the map provided in Appendix A of Information Request MH-BON-1.1.

The East St. Paul TLE selection and Na-Sha-Ke-Penais Reserve are located proximate to the Final Preferred Route. The potential impacts to BON’s East St. Paul TLE and Na-Sha-Ke-Penais Reserve were not assessed in the Environmental Impact Statement for MMTP. A map of BON’s Lands in Relation to the MMTP is included in Figure 1.

Furthermore, the TLE process is not yet complete. BON has an interest in all available Crown owned lands including those on the Final Preferred Route, as we wish to expand our reserves and land base.

Information Request from Manitoba Hydro:

(b) Please confirm that the referenced BON Community Interest Zone is reflected in the attached map (Appendix “A”). If not confirmed, please provide a map of the BON Community Interest Zone.

Brokenhead Ojibway Nation Response:

The map included in Appendix A of Information Request MH-BON-1.1 is not reflective of Brokenhead Ojibway Nation’s Community Interest Zone. BON defines our Community Interest Zone as all of Treaty #1 Territory, see Figure 2.

The map included in Appendix A of Information Request MH-BON-1.1 neglects to include BON’s East St. Paul TLE selection and Na-Sha-Ke-Penais Reserve, which are located approximately 10 kilometres from the MMTP. BON has recently been awarded the former Canadian Forces base Kapyong Barracks as TLE land from the Federal Government, which is not included on the map provided by Manitoba Hydro.

FIGURE 1 Brokenhead Oiibway Nation Lands in Relation to the Manitoba-Minnesota Transmission Project Brokenhead Ojibway Nation (BON) ± (MMTP)

Main Reserve (IR 4) Poplar Park and Libau Specific Claims

Birch Landing Reserve

Ontario Manitoba

East St. Paul TLE and Lac du Bonnet TLE Na-Sha-Ke-Penais Reserve

Lands Belonging to Brokenhead Ojibway Nation

Reserve

Treaty Land Entitlement (TLE)

Specific Claim 0 12.5 25 50 Kilometers

MMTP Final Preferred Route 0 10 20 40 Miles Whiteshell TLE 1:1,000,000

Notes: Service Layer Credits: Content may not reflect United States of America - DRAFT - Coordinate System: UTM 14N NAD 83 National Geographic's current map policy. Sources: All Boundaries are for General Reference Only MMTP Source: Manitoba Hydro, 2018 National Geographic, Esri, Garmin, HERE, UNEP- Other Sources: NRCAN, Statistics Canada WCMC, USGS, NASA, ESA, METI, NRCAN, Date Created: June 4, 2018 EdgeEffects Environmental Planning Inc. FIGURE 2 Treaty Areas in Southern Manitoba in Relation to the Manitoba-Minnesota Treaty 5 Transmission Project (MMTP) Treaty 2

Brokenhead Ojibway Nation

Lands Belonging to Brokenhead Ojibway Nation

Treaty Areas

MMTP Final Preferred Route Treaty 3

Treaty 1

Notes: Coordinate System: UTM 14N NAD 83 MMTP Source: Manitoba Hydro, 2018 Other Sources: NRCAN, Statistics Canada Date Created: June 6, 2018 Ë 0 25 50 Kilometers

0 12.5 25 50 Miles 1:1,100,000 - DRAFT - Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, All Boundaries and Locations for General Reference Only USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and the GIS User EdgeEffects Community Environmental Planning Inc.