Acityrt,,, CLIFF 42076 "IWO Ministry of 42083 BRITISH Indigenous Relations COLUMBIA and Reconciliation BULLETS DATE: August 23, 2017 PREPARED FOR: Honourable John Horgan, Premier of the Province of British Columbia Honourable Scott Fraser, Minister of Indigenous Relations and Reconciliation REGARDING: First Nations Leaders' Gathering, multiple issues identified by Nisga'a Nation for discussion at 1:1 joint meeting with the Premier and Minister SUMMARY: G2G Treaty relationship — Nisga'a Nation and British Columbia • The Nisga'a Final Agreement (Nisga'a Treaty) is British Columbia's first modern treaty and has been in effect for over 17 years. In that time, the relationship between the Province and Nisga'a Nation has grown, and many successes have been celebrated. Both BC and the Nisga'a Nation look to continue to work together as treaty partners, to build upon the strength of treaty to ensure a lasting treaty partnership. Key Messages: • The Province is committed to building a strong, sustainable, innovative economy, in partnership with Nisga'a and other First Nations. We wish to continue to work together to improve the lives of Indigenous people and build healthier communities. Grizzly bear hunting in BC and the Great Bear Rainforest: • Under the Nisga'a Final Agreement, the Nisga'a Nation has the right to harvest an allocation of a designated wildlife species in the Nass Wildlife Area (NWA), including grizzly bears. The Nation and British Columbia co-manage wildlife in the NWA through the Nass Wildlife Committee. • The Nation holds a Guide Outfitters Certificate in parts of the NWA and the Great Bear Rainforest. the Nation is concerned the recent announcement banning grizzly bear hunting may have an impact on their treaty rights and economic interests. Key Messages: • FLNROD will work with Nisga'a Nation through the Nass Wildlife Committee to implement the grizzly bear ban in a manner that respects the treaty relationship and Nisga'a Nation harvesting rights under the Treaty. Page 1 of 7 1 of 35 CLIFF 42076 gbati Ministry of 42083 BRITISH Indigenous Relations COLUMBIA and Reconciliation Economic Development Opportunities • The Nisga'a Nation has successfully negotiated a number of agreements with proponents of resource development projects in the mining, hydroelectric, transmission line and liquefied natural gas sectors. LNG and the Nasoga Gulf Project • The Nisga'a Nation has been promoting sites that have potential for development of LNG and other hydrocarbon facilities. Their main focus has been on the purchase and lease of Nasoga Gulf. • Province and the Nation have entered into several LNG enabling agreements with the Nisga'a. • Negotiations of the proposed sale and lease of Nasoga Gulf to Nisga'a Nation are being led by the Ministry of Indigenous Relations and Reconciliation (MIRR). Before any sale and lease could occur, the Province will need to complete consultation with neighbouring First Nations some of whom strongly object to the proposed sale and lease. Key Messages: • The Nisga'a Nation has been a leader in balancing treaty and economic interests for their citizens and we commend you on your leadership. • BC Government is committed to building a strong, sustainable, innovative economy. Together with Treaty partners like Nisga'a Nation, BC will work to deliver on this mandate. • The Province is committed to meeting consultation obligations with respect to the potential sale of provincial Crown Land and the potential long-term lease of provincial Crown foreshore to the Nisga'a Nation in the area of Nasoga Gulf. Position on proposed Federal Tanker Moratorium • Nisga'a Nation wrote to the federal government in April 2017 expressing concern over the federal legislation to implement the crude oil tanker moratorium I the north verses south portions of the coast. undermining potential economic development on the north coast. Key Messages: • As a vested Treaty partner, the Province is interested in learning more about Nisga'a Nation's perspective on the proposed Federal Tanker Moratorium and to work with you to define an approach to engage with the federal government on this important issue. Finalizing Nass Stewardship Protocol (NSP) and Negotiations on application of Nisga'a Treaty to forestry decisions • From March 2013 to July 2014, BC and the Nisga'a Nation were involved in a Dispute Resolution (DR) process under the Nisga'a Treaty over the province's decision to issue an Environmental Assessment Certificate for the Kitsault Mine project located in northwest BC Page 2 of 7 moo* CLIFF 42076 Ministry of 42083 BRITISH Indigenous Relations COLUMBIA and Reconciliation outside of Nisga'a Lands. A Settlement Agreement (SA) was reached during the mediation stage of the DR. • The NSP sets out how the province will meet its consultation obligations on resource decisions in the Nass Area. • s • 13 s • 16 Key Messages: • The Province is committed to meeting obligations arising from the Settlement Agreement to conclude a Nass Stewardship Protocol with the Nisga'a Nation. • We are commited working with you to find a balance between social, economic and environmental interests when making forestry and other resource development decisions. PREPARED BY: Robert MacKenzie, Senior Implementation Analyst Implementation and Land Services Branch (778) 698-7307 Lloyd Roberts, Senior Negotiator Negotiations and Regional Operations Division (250) 953-4556 Page 3 of 7 3 of 35 Date: August 30, 2017 CLIFF: 101682 MINISTRY OF ENERGY, MINES AND PETROLEUM RESOURCES BRIEFING NOTE FOR INFORMATION FIRST NATIONS GATHERING SEPTEMBER 6/7, 2017 I PREPARED FOR: Honourable Michelle Mungall, Minister of Energy, Mines and Petroleum Resources II MEETING DETAILS: Meeting with the Nisga'a Nation, to discuss: Nisga'a Nation purchase of land at Nasoga Gulf pursuant to Crown Land Disposition Policy; Economic Development Opportunities - LNG and other; Nisga'a Nation position on proposed Federal Tanker Moratorium; G2G Treaty relationship - Nisga'a Nation and British Columbia. Scheduled to attend the meeting will be Brian Tait, Executive Chairperson; Collier Azak, Chief Executive Officer; Corinne McKay, Secretary- Treasurer; Eva Clayton, President; and, Margaret Rosling, Legal Counsel. III BACKGROUND: Profile • Pronunciation: nis-gah-liss-ums • Location: Along the Nass River, north west of Terrace • Region: North West • Villages: Gitlaxt'aamix, Gingolx, Gitwinksihlkw, Laxgalts'ap • Population: approx. 3000 in the Nass Valley Current Activities • Negotiating the Nass Stewardship Protocol (NSP) to provide a framework for land and resource decision making in the Nass Area. • Concluding a Economic and Community Development Agreement (ECDA) to share mineral tax revenue on the proposed Brucejack mine. The NSP and ECDA are commitments of the Kitsault Mine Dispute Resolution Agreement in 2014. • Discussions continue between the Nisga'a Lisims Government and the Gitanyow on moose allocation in the Nass Wildlife Area. • s.16 • Nisga'a is working with British Columbia to purchase 22,000 ha of Crown upland ("Nasoga Gulf Upland") in fee simple and establish a long term lease over the foreshore and submerged lands at Nasoga Gulf. The lease and disposition is subject to the BC satisfying its consultation obligations. These dispositions will facilitate the Nisga'a Nation growing its economy and supporting regional growth. • Nisga'a has been observing, but not yet actively participating in, the North Coast projects under the Environmental Stewardship Initiative. 4 of 7 4 of 35 CLIFF 42076 Ministry of 42083 BRITISH Indigenous Relations COLUMBIA and Reconciliation • Nisga'a communities collectively received $2,100,000 over three years through the Indigenous Skills Training Development Fund for the Nisga'a Lisms Pathways to Employment Program. Treaty • The Nisga'a Final Agreement (Nisga'a Treaty), British Columbia's first modern treaty, was negotiated outside the British Columbia Treaty Commission process and came into effect on May 11, 2000. Other/Completed Negotiations • Amending Agreement #3 - (2014). • Pipelines Benefit Agreements - (2014); Prince Rupert Gas Transmission project; Westcoast Connecter Gas Transmission project. • Real Property Taxation Coordination Agreement - (2014). • Kitsault Mine Dispute Resolution Settlement Agreement - (2014). • Economic and Community Development Agreement — Kitsault Mine Project - (2014). • First Nations Clean Energy Fund Revenue Sharing Agreement (Long Lake hydroelectric project) — (2014). • Nisga'a Final Agreement Side Agreements: Harvest Agreement - (2000); Taxation Agreement - (2000); Own Source Revenue Agreement - (2000); Fiscal Financing Agreement - (2000). Issues/Opportunities: • Nisga'a Nation have received their final Capital Transfer payment under the Nisga'a Treaty in May 2014, they are actively seeking opportunities for sustained economic development. • s.16 • British Columbia and the Nisga'a Nation signed the Real Property Tax Coordination Agreement (RPTCA) in July 2014 that provides for the Nisga'a Lisims Government to collect property taxes from persons other than Nisga'a citizens on Nisga'a Lands. This supports their economic development by establishing Nisga'a Lisims Government's authority to collect taxes on industrial installations on Nisga'a Lands. • British Columbia passed the Protected Areas of British Columbia Amendment Act in 2014, which was a first step in a process to remove 63.5 hectares from Nisga'a Memorial Lava Bed Park described in the Nisga'a Treaty. The amendment to the boundaries of the Nisga'a Memorial