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August 12, 2003

DRAFT

Dehcho FIRST NATIONS
AGREEMENT-IN-PRINCIPLE


1. Land Title
 
1.1.Surface and sub-surface land title, including water-bodies, will be "co-conveyed" between the Crown and the Dehcho First Nations in the Dehcho Territory to establish co-title.
 
1.2. The Crown shall consult with the Dehcho Government prior to undertaking administrative devolution of lands title and jurisdiction to the Government of the Northwest Territories.
 
2. Dehcho Resource Management Authority (DCRMA)
 
2.1. A Dehcho Resource Management Act shall be enacted.
 
2.2. All relevant Crown legislation shall be amended to recognize unique jurisdictions within the Dehcho Territory.
 
2.3. A Dehcho Resource Management Authority shall be established with jurisdiction over surface and sub-surface lands, including waters, throughout the Dehcho Territory, but excluding surface lands within municipal boundaries, concerning:
 
2.3.1.land use planning
2.3.2.environmental assessment
2.3.3.land and water permitting
2.3.4.surface dispositions (leases and sales)
2.3.5.mineral rights and royalties
2.3.6.oil and gas rights and royalties
2.3.7.oil, gas, and geophysical operations
2.3.8.wildlife and fisheries management
2.3.9.forest and fire management
2.3.10. tourism and outfitter licensing
2.3.11. parks and protected area management (including National Parks)
2.3.12. air emissions and waste management
2.3.13. heritage resource management (cultural and archaeological sites)
 
2.4.  The DCRMA shall establish a fully co-ordinated and integrated resource management system implementing unified forms and timely review processes for lands and resource use applications.
 
3. Recommendations and Decisions
 
3.1. All recommendations and decisions concerning lands and resource use shall conform to an approved land use plan.
 
3.2. The DCRMA shall have an equal number of members appointed by the Crown and the Dehcho Government.
 
3.3. Members from the Dehcho Government shall be elected by Dehcho residents based on an electoral code established by the Dehcho Government.
 
3.4.  The DCRMA shall strive to make recommendations to the Crown and the Dehcho Government based on consensus. Failing the achievement of consensus, the DCRMA shall make recommendations requiring a double-majority of votes (a majority of votes from both the Crown and Dehcho Government members).
 
3.5.  The Crown and the Dehcho Government may decide to reject or modify the recommendations of the DCRMA within 60 days by providing written reasons.
 
3.6.  The Dehcho Government shall establish its own process to determine support for DCRMA recommendation from traditional land users, individual Dehcho communities, and the Elders' Council.
 
3.7.  If neither the Crown nor the Dehcho Government provide a written response to a recommendation of the DCRMA within 60 days, the recommendation of the DCRMA shall be deemed a final decision.
 
3.8.  If there is disagreement between the Crown and the Dehcho Government regarding a decision to modify or reject a recommendation of the DCRMA, the Crown and the Dehcho Government shall seek the assistance of a mutually-agreed upon arbitrator who shall deliver a final decision within 30 days.
 
4. Staffing, Operations, and Financing
 
4.1. Existing Crown lands and resource management staff in the Dehcho Territory shall become employees of the DCRMA retaining, at a minimum, existing pay scales, seniority, and benefits.
 
4.2. The DCRMA shall establish a decentralized system of offices with field staff presence in each Dehcho community to ensure comprehensive monitoring and enforcement.
 
4.3. The DCRMA shall be self-financing from licences, fees, and royalties and shall remit x% of royalties to the Dehcho Government and y% of royalties to the Crown.
 
5. Inter-Jurisdictional Co-operation
 
5.1. The Mackenzie Valley Resource Management Act shall be amended to recognize unique jurisdictions within the Dehcho Territory.
 
5.2. The DCRMA shall co-ordinate its land use plans with adjacent jurisdictions and aboriginal settlement areas.
 
5.3. The DCRMA shall co-ordinate its activities with adjacent jurisdictions and aboriginal settlement areas regarding the management of overlapping watersheds and migratory wildlife.
 
5.4.  The DCRMA shall appoint one member to the Mackenzie Valley Land and Water Board and one member to the Mackenzie Valley Environmental Impact Review Board, who will participate only in the review of applications affecting the Dehcho Territory.
 
5.5.  Any lands or resource use application that affects an adjacent jurisdiction or aboriginal settlement area may be referred to the Mackenzie Valley Land and Water Board or the Mackenzie Valley Environmental Impact Review by the Dehcho Government, the Crown, or any other agency or body authorized by the Mackenzie Valley Resource Management Act.
 
5.6.  The Crown shall consult with the Dehcho Government prior to referring lands or resource use applications to the National Energy Board or the Canadian Environmental Assessment Agency.
 

 
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