The Sioux Valley Dakota Nation Comprehensive Agreement-in-Principle

8.01 Capacities of a natural person

1. Sioux Valley is a legal entity with the capacities, rights, powers and privileges of a natural person.
2. Without limiting Subsection (1), but subject to Subsection (3), Sioux Valley will have the capacity to:
   1. enter into contracts and agreements;
   2. acquire, hold and dispose of real or personal property, bequests or gifts or any interest therein;
   3. hold, borrow, lend, invest or otherwise spend moneys or provide guarantees in respect of the repayment of any moneys;
   4. create, operate or contribute to trusts and act as the settlor or trustee of a trust;
   5. be appointed as and act as guardian, executor, administrator, or trustee; and
   6. sue and be sued.
3. The capacities, rights, powers and privileges of Sioux Valley will be exercised by and through Sioux Valley Dakota Oyate Government.

8.02 Exercise of capacities for government purposes

1. Without limiting Section 8.01, but subject to Section 8.03, Sioux Valley Dakota Oyate Government may exercise the capacities, rights, powers and privileges of Sioux Valley provided for in Subsection 8.01(1) for the purpose of:
   1. protecting, assuring and enforcing any rights of Sioux Valley Citizens, including any aboriginal or treaty rights of Sioux Valley or the Members of Sioux Valley, recognized and affirmed by subsection 35(1) of the Constitution Act, 1982; or
   2. entering into negotiations, agreements or other arrangements with other governments.
2. Where the exercise of the capacities, rights, powers and privileges of Sioux Valley provided for in Section 8.01 is for the purpose of enforcing any individual rights of a Sioux Valley Citizen, those capacities, rights, powers and privileges will be exercised only with the consent of that Sioux Valley Citizen.
3. Without limiting Section 8.01, Sioux Valley Dakota Oyate Government may exercise the capacity of Sioux Valley provided for in Subsection 8.01(1) for purposes that are reasonably incidental to the rights, powers and privileges of Sioux Valley.

8.03 Capacity to enter into treaties

Without limiting Section 8.01, Sioux Valley Dakota Oyate Government may enter into:

1. a "treaty" within the meaning of subsection 35(1) of the Constitution Act, 1982 with Canada or a government of a province of Canada; or
2. a treaty which would not constitute a "treaty" within the meaning of subsection 35(1) of the Constitution Act, 1982 or international law with another First Nation or other aboriginal government.

9.01 Sioux Valley Jurisdiction

1. A Final Agreement will recognize the Jurisdiction of Sioux Valley in the subject areas set out in Part IV to the extent provided for in that Part.
2. The Jurisdiction of Sioux Valley will be recognized in a Final Agreement as vesting in Sioux Valley.
3. Sioux Valley will exercise Jurisdiction through:
   1. Sioux Valley Dakota Oyate Government; or
   2. another government, whether a First Nation government or not, in accordance with a delegation of Jurisdiction to it by Sioux Valley Dakota Oyate Government and in accordance with the Sioux Valley Constitution and as provided for in Section 11.01.

10.01 Anticipated need for other Governments, Bodies or Institutions to carry out governmental responsibilities on behalf of Sioux Valley

1. Notwithstanding Subsection 9.01(2) which provides that the Jurisdiction of Sioux Valley will be recognized in a Final Agreement as vesting in Sioux Valley, Sioux Valley acknowledges that:
   1. not all governmental responsibilities may practically be carried out at the First Nation level;
   2. the carrying out of some governmental responsibilities by the aggregation or pooling of those governmental responsibilities in another government, whether a First Nation government or not, or, where appropriate, in some other body or institution, whether a First Nation body or institution or not, will be required in relation to some aspects of the subject areas set out in Part IV to facilitate the shared objectives and goals of the Parties to promote, among other matters:
      1. the availability of, and access to, an appropriate range and quality of programs and services;
      2. efficiency and effectiveness in the provision of the programs and services referred to in Subparagraph (i); and
      3. a stable and effective government-to-government relationship between the Parties; and
   3. as a consequence of the acknowledgements set out in Paragraphs (a) and (b), not all Jurisdiction and Authority will be practically exercisable, in whole or in part, at the First Nation level
2. The governmental responsibilities referred to in Subsection (1) may include:
   1. certain functions of government;
   2. certain programs and services; and
   3. governmental responsibilities, other than of the nature referred to in Paragraph (a) or (b).
3. Sioux Valley will use best efforts to achieve the optimum aggregation or pooling of certain governmental responsibilities over time as contemplated in Subsection (1).
4. The carrying out of a governmental responsibility of the nature referred to in Subsection (3) will be achieved in accordance with the Sioux Valley Constitution and in a manner which respects:
   1. the vesting of Jurisdiction in Sioux Valley; and
   2. any understandings between the Parties in relation to the ongoing government-to-government relationship between them.
5. Where Sioux Valley has decided, in accordance with the Sioux Valley Constitution, that another government, whether a First Nation government or not, or some other body or institution, whether a First Nation body or institution or not, will carry out a specific governmental responsibility on its behalf, Sioux Valley will delegate the requisite Jurisdiction or Authority to permit the carrying out of that governmental responsibility.
6. A delegation of Jurisdiction or Authority for the purposes of Subsection (5) will be made as provided for in Section 11.01 or 11.02.

11.01 Delegation of Jurisdiction

1. Subject to Subsection (2), Sioux Valley may, by enacting a Sioux Valley Law, delegate Jurisdiction to another government, whether a First Nation government or not, in accordance with, and to the extent provided for, in the Sioux Valley Constitution, provided that government:
   1. in the case of a First Nation government, has entered into an agreement with Canada to which Manitoba is a party or with which it concurs which, among other matters, recognizes the legal ability of that First Nation government to exercise the Jurisdiction being delegated;
   2. is politically and financially accountable to Sioux Valley Citizens in a manner and to the extent provided for in the Sioux Valley Constitution; and
   3. has entered into a "delegation agreement" with Sioux Valley, setting out the purpose for and the conditions upon which that Jurisdiction will be delegated to and exercised by that government including the requirement that that government follow principles of good governance as provided for in the Sioux Valley Constitution.
2. Notwithstanding Subsection (1), Sioux Valley may not delegate Jurisdiction in a manner which results in:
   1. an abandonment of Jurisdiction; or
   2. a lack of accountability, directly or indirectly, to Sioux Valley Citizens with respect to the exercise of Jurisdiction.

11.02 Delegation of Authority

Sioux Valley may delegate Authority to any government, body or institution, whether a First Nation government, body or institution or not, in accordance with, and to the extent provided for in, the Sioux Valley Constitution, provided that government, body or institution:

1. is politically and financially accountable to Sioux Valley Citizens in a manner and to the extent provided for in the Sioux Valley Constitution; and
2. has entered into a "delegation agreement" with Sioux Valley setting out the purpose for and the conditions upon which that Authority will be delegated to and exercised by that body, institution or government.

11.03 Responsibilities of and Delegation to Dakota Ojibway Tribal Council upon the coming into effect of a Final Agreement

1. It is the intention of Sioux Valley that certain governmental responsibilities will be carried out on its behalf by Dakota Ojibway Tribal Council by aggregating or pooling those governmental responsibilities in Dakota Ojibway Tribal Council upon a Final Agreement coming into effect.
2. Sioux Valley will delegate the requisite Authority to Dakota Ojibway Tribal Council to permit the carrying out of the governmental responsibilities referred to in Subsection (1).
3. Subject to Subsections 10.01(4) and 10.01(5):
   1. the specific governmental responsibilities that Dakota Ojibway Tribal Council will carry out on behalf of Sioux Valley, as contemplated in Subsection (1); and
   2. the requisite Authority that will need to be delegated to Dakota Ojibway Tribal Council, of the nature referred to in Subsection (2)
   upon a Final Agreement coming into effect, will be determined by Sioux Valley.
4. The aggregation or pooling of governmental responsibilities contemplated in Subsection (1) and the delegation of the requisite Authority of the nature referred to in Subsection (2) will be provided for or reflected in:
   1. the Sioux Valley Constitution;
   2. a "delegation agreement" or "delegation agreements" between Sioux Valley and Dakota Ojibway Tribal Council of the nature referred to in Paragraph 11.02(b);
   3. a schedule to a Final Agreement; and
   4. where the Parties agree necessary, elsewhere in that Final Agreement than in a schedule.

11.04 Further responsibilities of and delegation to Dakota Ojibway Tribal Council following a Final Agreement coming into effect

1. Following a Final Agreement coming into effect, Sioux Valley may, in accordance with the Sioux Valley Constitution, decide that Dakota Ojibway Tribal Council will carry out governmental responsibilities other than those governmental responsibilities referred to in Subsection 11.03(1).
2. Sioux Valley will delegate the requisite Authority to Dakota Ojibway Tribal Council to permit the carrying out of any governmental responsibilities of the nature referred to in Subsection (1).
3. Subject to Subsections 10.01(4) and 10.01(5):
   1. any governmental responsibilities, of the nature referred to in Subsection (1), that Dakota Ojibway Tribal Council will carry out on behalf of Sioux Valley, as contemplated in that Subsection; and
   2. the requisite Authority that will need to be delegated to Dakota Ojibway Tribal Council to permit the carrying out of any governmental responsibilities of the nature referred to in that Subsection
   will be determined by Sioux Valley.
4. A delegation of Authority for the purposes of Subsection (2) will be made as provided for in Section 11.02.
5. Nothing in this Section will limit the ability of Sioux Valley to delegate Jurisdiction to Dakota Ojibway Tribal Council in accordance with the Sioux Valley Constitution and as provided for in Section 11.01, to permit Dakota Ojibway Tribal Council to carry out governmental responsibilities on behalf of Sioux Valley in the event Dakota Ojibway Tribal Council has entered into an agreement with Canada to which Manitoba is either a party or with which it concurs which, among other matters, recognizes the legal ability of Dakota Ojibway Tribal Council to exercise the Jurisdiction being delegated.

11.05 Further aggregation or pooling of governmental responsibilities and delegation of Jurisdiction or Authority by a government, body or institution

1. Where a government, body or institution, including Dakota Ojibway Tribal Council, is carrying out governmental responsibilities on behalf of Sioux Valley, that government, body or institution may provide for the governmental responsibilities to be carried out by another government, body or institution, where approved by Sioux Valley, in accordance with the Sioux Valley Constitution.
2. Where a government, body or institution proceeds in the manner contemplated in Subsection (1), that government body or institution will:
   1. in the case of a government, delegate the requisite Jurisdiction or Authority; or
   2. in the case of a body or institution delegate the requisite Authority
   to permit the carrying out of those governmental responsibilities.
3. A delegation of Jurisdiction or Authority for the purposes of Subsection (2) will be made as provided for in Section 11.01 or 11.02 with necessary modifications.

11.06 Withdrawal of aggregated governmental responsibilities and related Jurisdiction or Authority

1. Subject to Subsections (2) and (3), Sioux Valley may withdraw all or part of governmental responsibilities that are being carried out by another government, body or institution.
2. Subject to Subsection (3), where Sioux Valley withdraws governmental responsibilities which are being carried out by another government, body or institution, Sioux Valley will withdraw the requisite Jurisdiction or Authority which was delegated to permit the carrying out of those governmental responsibilities.
3. A withdrawal of governmental responsibilities, and a withdrawal of a delegation of Jurisdiction and Authority, of the nature referred to in Subsections (1) and (2) will be:
   1. effected in accordance with the Sioux Valley Constitution;
   2. effected in accordance with any "delegation agreement" or "delegation agreements", of the nature referred to in Paragraph 11.01(1)(c) or 11.02(b);
   3. in the case of a withdrawal of a delegation of Jurisdiction, effected by the enactment of a Sioux Valley Law, or Sioux Valley Laws; and
   4. as provided for in any applicable provisions of a Final Agreement.
4. This Section applies, with necessary modifications, where a government, body or institution is carrying out governmental responsibilities on behalf of Sioux Valley.

12.01 Delegation by Canada of jurisdiction to enact laws or Authority to Sioux Valley

1. Sioux Valley and Canada may from time to time enter into agreements respecting:
   1. delegation of jurisdiction to enact laws from the Parliament of Canada to Sioux Valley in respect of certain subject matters; or
   2. delegation of Authority from Canada to Sioux Valley.
2. An agreement of the nature referred to in Subsection (1) may apply to:
   1. a subject area other than a subject area in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with Part IV; or
   2. a subject area in respect of which the Jurisdiction of Sioux Valley is not recognized in accordance with Part IV.
3. An agreement of the nature referred to in Subsection (1) may provide that:
   1. the delegation of jurisdiction to enact laws from the Parliament of Canada to Sioux Valley; or
   2. the delegation of Authority from Canada to Sioux Valley
   may extend and apply to Sioux Valley Lands and to all Sioux Valley Citizens, and non-Sioux Valley Citizens, on Sioux Valley Lands.
4. An agreement of the nature referred to in Paragraph (1)(a) respecting delegation of jurisdiction to enact laws from the Parliament of Canada to Sioux Valley will be subject to any legislation of Parliament necessary to give effect to the delegation.
5. An agreement of the nature referred to in Paragraph (1)(b) may make provision for any Authority from Canada delegated to Sioux Valley to be exercised by Sioux Valley Dakota Oyate Government or a Sioux Valley Public Body.
6. Article 11.0 does not apply in respect of an exercise of jurisdiction to enact laws or Authority by Sioux Valley in accordance with an agreement between Sioux Valley and Canada unless that agreement provides that that Article, or any Section within that Article, applies.

12.02 Delegation by Manitoba to Sioux Valley of jurisdiction to enact laws or Authority

1. Sioux Valley and Manitoba may from time to time enter into agreements respecting:
   1. delegation of jurisdiction to enact laws from the Legislative Assembly of Manitoba to Sioux Valley in respect of certain subject matters; or
   2. delegation of Authority from Manitoba to Sioux Valley.
2. An agreement of the nature referred to Subsection (1) may apply to:
   1. a subject area other than a subject area in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with Part IV; or
   2. a subject area in respect of which Canada and Manitoba have not recognized the Jurisdiction of Sioux Valley in Part IV.
3. An agreement of the nature referred to in Subsection (1) may provide that:
   1. the delegation of jurisdiction to enact laws from the Legislative Assembly of Manitoba to Sioux Valley; or
   2. the delegation of Authority from Manitoba to Sioux Valley
   may extend and apply to Sioux Valley Lands and to all Sioux Valley Citizens, and non-Sioux Valley Citizens, on Sioux Valley Lands.
4. An agreement of the nature referred to in Paragraph (1)(a) respecting delegation of jurisdiction to enact laws from the Legislative Assembly of Manitoba to Sioux Valley will be subject to any legislation of the Legislative Assembly of Manitoba necessary to give effect to the delegation.
5. An agreement of the nature referred to in Paragraph (1)(b) may make provision for any Authority from the Legislative Assembly of Manitoba delegated to Sioux Valley to be exercised by Sioux Valley Dakota Oyate Government or a Sioux Valley Public Body.
6. Article 11.0 does not apply in respect of an exercise of jurisdiction to enact laws or Authority by Sioux Valley in accordance with an agreement between Sioux Valley and Manitoba unless that agreement provides that that Article, or any Section within that Article, applies.

14.01 Ongoing government-to-government relationships

1. A Final Agreement will reflect, and provide for, an ongoing government-to- government relationship between Sioux Valley and Canada within the framework of the Canadian Constitution.
2. It is anticipated that a Tripartite Final Agreement will reflect, and provide for, an ongoing government-to-government relationship among Sioux Valley, Canada and Manitoba, and between Sioux Valley and Manitoba within the framework of the Canadian Constitution.

14.02 Changes affecting the government-to-government relationship between the Parties or among Sioux Valley, Canada and Manitoba

1. Subject to Subsection (2), a Final Agreement may identify circumstances in respect of which:
   1. an aggregation or pooling of governmental responsibilities, in another government, or some other body or institution, and the delegation of the requisite Jurisdiction or Authority to permit the carrying out of that governmental responsibility; or
   2. a withdrawal of a governmental responsibility being carried out by another government, or some other body or institution, and of the requisite Jurisdiction or Authority which was delegated to permit the carrying out of that governmental responsibility
   will be deemed to affect one or more of the government-to-government relationships referred to in Section 14.01 in a substantial and material way.
2. Where it is proposed that:
   1. Sioux Valley amalgamate with another First Nation, as contemplated in Section 15.01;
   2. a new First Nation be constituted from Sioux Valley, as contemplated in Section 15.01;
   3. Sioux Valley withdraw from Dakota Ojibway Tribal Council; or
   4. Sioux Valley enter into some form of collective government relationship with other First Nations in Manitoba or elsewhere in Canada including other Dakota First Nations
   the government-to-government relationships referred to in Section 14.01 will be deemed to be affected in a substantial and material way.
3. Where Sioux Valley proposes to proceed in a manner that would be deemed to affect one or more of the government-to-government relationships referred to in Section 14.01 in a substantial and material way in accordance with Subsection (1) or (2), Canada and Manitoba will be given notice of that proposal.
4. A Final Agreement will provide the period of the notice that will be given to Canada and Manitoba in accordance with Subsection (3).
5. During the period of notice referred to in Subsection (4), the Parties and Manitoba will enter into good faith negotiations designed to reasonably address the change in one or more of the government-to-government relationships referred to in Section 14.01 that is the result of the circumstances of the nature referred to in Paragraph (1)(a) or (b) or a change of the nature referred to in Paragraph (2)(a) to (d) inclusive.
6. The negotiations referred to in Subsection (5) may, among other matters, result in the amendment of:
   1. those provisions of a Final Agreement dealing with:
      1. governance;
      2. the fiscal relationship between the Parties;
      3. Implementation of a Final Agreement and a Tripartite Final Agreement; and
      4. the resolution of disputes between the Parties, among Sioux Valley, Canada and Manitoba or between Sioux Valley and Manitoba;
   2. a Tripartite Final Agreement;
   3. the Intergovernmental Relations and Implementation Plan;
   4. the Sioux Valley Financial Arrangements Agreement; or
   5. any agreement providing for the exercise of Jurisdiction by Sioux Valley Dakota Oyate Government or the delegation of jurisdiction to enact laws or Authority to Sioux Valley Dakota Oyate Government by Canada or Manitoba, other than a Final Agreement and a Tripartite Final Agreement.
7. A Final Agreement will provide that a proposal by Sioux Valley of the nature referred to in Subsection (3) will not be carried out or given effect to until the earlier of:
   1. the expiration of the period provided for in Subsection (4); and
   2. the date the negotiations referred to in Subsection (5) have been completed and any resulting agreement has been approved and executed by the Parties and Manitoba.
8. A Final Agreement will further provide for:
   1. the nature and scope of the negotiations referred to in Subsection (5);
   2. the process by which the negotiations referred to Subsection (5) will be conducted;
   3. without limiting Paragraph (b), the manner in which the Parties and Manitoba will proceed in the event that:
      1. a dispute arises between the Parties, among Sioux Valley, Canada and Manitoba or between Sioux Valley and Manitoba as to whether a particular event of the nature referred to in Paragraph (1)(a) or (b) may reasonably be interpreted as affecting one or more of the government-to-government relationships referred to in Section 14.01 in a substantial and material way;
      2. a dispute arises between the Parties, among Sioux Valley, Canada and Manitoba or between Sioux Valley and Manitoba in the negotiations referred to in Subsection (5); or
      3. an agreement between them is not concluded within the period provided for in a Final Agreement in accordance with Subsection (4);
   4. without limiting Subparagraph (c)(ii), the manner in which the Parties and Manitoba will proceed to ensure that there is no legal vacuum in the event an agreement between them is not concluded within the period to be provided for in a Final Agreement as contemplated in Subsection (4); and
   5. mechanisms that will support the shared objective and goals of the Parties and Manitoba to promote stable and effective government-to-government relationships referred to in Section 14.01, including requirements relating to the timing of, and approval processes for, events of the nature referred to in Subsections (1) and (2).
9. The Parties and Manitoba:
   1. acknowledge the importance of achieving an outcome in the negotiations referred to in Subsection (5) that is agreed to by each of them and not imposed by a third party;
   2. acknowledge that, notwithstanding Paragraph (a), in the event a dispute arises between the Parties, among Sioux Valley, Canada and Manitoba or between Sioux Valley and Manitoba in the negotiations referred to in Subsection (5), a process facilitated by an independent third party may be useful to assist the Parties and Manitoba in resolving that dispute and achieving an outcome in those negotiations;
   3. agree that, in the event a dispute arises between the Parties, among Sioux Valley, Canada and Manitoba or between Sioux Valley and Manitoba, in the negotiations referred to in Subsection (5), a process facilitated by an independent third party will be used, unless otherwise agreed, to assist in resolving that dispute and achieving an outcome in those negotiations; and
   4. agree that in the negotiations contemplated in Subparagraph (8)(c)(ii) to be undertaken prior to the form and content of a Final Agreement and Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will determine the nature, scope and application of the process to be facilitated by an independent third party referred to in Paragraph (c).
10. Without limiting Subsection (8), any obligations of Canada, including any financial obligations of Canada to Sioux Valley, will not be altered without the agreement of Canada in writing.

15.01 Amalgamation or division of Sioux Valley

Sioux Valley may amalgamate with another First Nation, or a new First Nation may be constituted from Sioux Valley, in accordance with the Sioux Valley Constitution.

15.02 Sioux Valley may recognize new or other First Nations

1. Sioux Valley may recognize new or other First Nations in the manner and for the purposes that it deems appropriate, in accordance with the Sioux Valley Constitution.
2. Without limiting Subsection (1), Sioux Valley may recognize a new First Nation created as a result of:
   1. the amalgamation of two or more First Nations; or
   2. the division of a First Nation.

15.03 Application of Section 17 of the Indian Act

1. Subject to Subsection (2), Canada will retain the authority provided for in Section 17 of the Indian Act.
2. Following a Final Agreement coming into effect, Canada will not exercise the authority referred to in Subsection (1):
   1. in relation to Sioux Valley; or
   2. in a manner that otherwise impacts in a substantial and material way upon Sioux Valley, Sioux Valley Citizens, Sioux Valley Lands or Sioux Valley Indian Moneys
   without the consent of Sioux Valley.

16.01 Sioux Valley Constitution

1. Sioux Valley will have a written constitution:
   1. setting out the legal, political and administrative structures of Sioux Valley Dakota Oyate Government;
   2. reflecting principles of good governance; and
   3. ensuring political and financial accountability to Sioux Valley Citizens.
2. Without limiting Subsection (1), the Sioux Valley Constitution will have provisions respecting:
   1. Sioux Valley Citizenship;
   2. the principles, criteria and process by which a governmental responsibility may be aggregated or pooled in another government or, where appropriate, some other body or institution and how a governmental responsibility, which is being carried out by another government or some other body or institution, may be withdrawn from that government, body or institution, provided that:
      1. those principles and criteria will be consistent with Paragraph 10.01(1)(b) and Subsection 10.01(3); and
      2. that process will be consistent with the provisions of a Final Agreement contemplated in Section 14.02;
   3. the principles, criteria and process by which Jurisdiction or Authority may be delegated by Sioux Valley Dakota Oyate Government and how a delegation of Jurisdiction or Authority may be withdrawn, provided that:
      1. those principles and criteria will be consistent with Subsection 10.01(5); and
      2. that process will be consistent with:
         1. in the case of a delegation of Jurisdiction, Section 11.01;
         2. in the case of a delegation of Authority, Section 11.02;
         3. in the case of a withdrawal of delegation of Jurisdiction or Authority, Section 11.06; and
         4. the provisions of a Final Agreement contemplated in Section 14.02;
   4. the initial aggregation or pooling of governmental responsibilities in Dakota Ojibway Tribal Council upon the coming into effect of a Final Agreement;
   5. the initial Authority that will be delegated to Dakota Ojibway Tribal Council upon the coming into effect of a Final Agreement;
   6. the amalgamation or division of Sioux Valley referred to in Section 15.01, provided that those provisions will be consistent with the provisions of a Final Agreement contemplated in Section 14.02;
   7. the selection of leaders;
   8. the enactment and public notification of Sioux Valley Laws;
   9. rights of appeal and redress;
   10. the recognition and protection of rights and freedoms; and
   11. the amendment of the Sioux Valley Constitution.
3. The Sioux Valley Constitution may provide for any other matters as determined by Sioux Valley including:
   1. the carrying out of governmental responsibilities and the exercise of Jurisdiction, Authority or any capacities, rights, powers, and privileges of Sioux Valley in addition to those matters referred to in Paragraphs (2)(b) to (e) inclusive;
   2. the criteria, and procedures for approval by Sioux Valley Citizens of a decision by Sioux Valley Dakota Oyate Government, to proceed with:
      1. a request that Canada transfer Sioux Valley Indian Moneys in accordance with Subsection 30.01(5);
      2. a request that Canada transfer property of the nature referred to in Subsection 30.03(3) to Sioux Valley in accordance with that Subsection; or
      3. a request that Canada transfer title to Sioux Valley Lands to Sioux Valley in accordance with Subsection 46.03(1);
   3. whether Sioux Valley Lands may be sold or otherwise absolutely disposed of and, if so:
      1. the circumstances in which that may occur; and
      2. the criteria, and procedures for approval by Sioux Valley Citizens of a decision by Sioux Valley Dakota Oyate Government, to proceed with a sale or absolute disposition of Sioux Valley Lands;
   4. the relationships between Sioux Valley and governments other than Sioux Valley Dakota Oyate Government, whether First Nation governments or not;
   5. the recognition of a new or other First Nation contemplated in Subsection 15.02(1);
   6. a Sioux Valley charter of rights; and
   7. the role, recognition and application of any customary law of Sioux Valley with respect to a subject matter in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with Part IV, provided that that role, recognition and application of customary law will be consistent with the outcome of the negotiations between the Parties and Manitoba on those matters referred to in Paragraph 33.01(2)(e).
4. The Sioux Valley Constitution will be approved by Eligible Citizens of Sioux Valley in the same manner and at the same time as a Final Agreement.
5. The Sioux Valley Constitution will provide that, in the event of a conflict between the Sioux Valley Constitution and a Sioux Valley Law, the Sioux Valley Constitution will prevail to the extent of the conflict.
6. The Sioux Valley Constitution will be a Sioux Valley Law.

16.02 Conflict with Final Agreement

In the event of a conflict between the Sioux Valley Constitution and a Final Agreement, the Final Agreement will prevail to the extent of the conflict.

17.01 Recognition of the Jurisdiction of Sioux Valley

1. A Final Agreement will recognize the Jurisdiction of Sioux Valley in the subject areas set out in this Part to the extent provided for in this Part.
2. The Jurisdiction of Sioux Valley will be recognized in a Final Agreement as vesting in Sioux Valley.
3. Sioux Valley will exercise Jurisdiction through:
   1. Sioux Valley Dakota Oyate Government; or
   2. another government, whether a First Nation government or not, in accordance with a delegation of Jurisdiction to it by Sioux Valley Dakota Oyate Government and in accordance with the Sioux Valley Constitution and as provided for in Section 11.01.

17.02 General scope of the Jurisdiction of Sioux Valley

1. The Jurisdiction of Sioux Valley is exercisable on Sioux Valley Lands.
2. Subject to Subsection (1), and unless otherwise provided in this Part, the Jurisdiction of Sioux Valley may be exercised in respect of:
   1. Sioux Valley Citizens who are Ordinarily Resident on Sioux Valley Lands;
   2. Non-Resident Citizens on Sioux Valley Lands;
   3. non-Sioux Valley Citizens on Sioux Valley Lands; and
   4. any corporation, partnership, joint venture or other entity which does business or is otherwise present on Sioux Valley Lands.
3. Subsections (1) and (2) do not apply with respect to an exercise of Jurisdiction by Sioux Valley Dakota Oyate Government in accordance with Article 18.0.
4. Subject to any applicable federal and provincial laws, this Section does not limit the ability of Sioux Valley Dakota Oyate Government:
   1. to make programs or services available to; or
   2. to operate facilities and institutions for
   Sioux Valley Citizens whether or not they are Ordinarily Resident on Sioux Valley Lands.
5. The Parties acknowledge the importance of assuring to non-Sioux Valley Citizens Ordinarily Resident on Sioux Valley Lands appropriate input into the decisions and activities of, and participation in, Sioux Valley Dakota Oyate Government, and Sioux Valley Public Bodies, having regard to the extent those decisions and activities and Sioux Valley Laws directly and significantly affect them.
6. Upon understandings being reached on the Jurisdiction of Sioux Valley to be recognized in a Final Agreement, and the extent to which that Jurisdiction will apply to non-Sioux Valley Citizens Ordinarily Resident on Sioux Valley Lands, the Parties will discuss practical ways of assuring non-Sioux Valley Citizens appropriate input into the decisions and activities of, and participation in, Sioux Valley Dakota Oyate Government and Sioux Valley Public Bodies, in a manner consistent with the principle provided for in Subsection (5).

17.03 No effect on continuing or future negotiations

Nothing in this Part will be construed so as to limit:

1. any continuing negotiations provided for in this Agreement;
2. any continuing or future negotiations provided for in a Final Agreement; or
3. the possibility that:
   1. the subject areas in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with this Part; or
   2. the extent of Jurisdiction in a subject area in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with this Part

may change as a result of the negotiations referred to in Paragraph (a) or (b).

18.01 Jurisdiction over Sioux Valley Citizenship

1. Sioux Valley has Jurisdiction with respect to Sioux Valley Citizenship.
2. Subsections 17.02(1) and 17.02(2) do not apply with respect to an exercise of Jurisdiction by Sioux Valley Dakota Oyate Government in accordance with Subsection (1).
3. Until Sioux Valley enacts a Sioux Valley Law in accordance with Subsection (1), the eligibility of persons to become Sioux Valley Citizens will be determined in accordance with the provisions of the Indian Act.
4. A Sioux Valley Law enacted by Sioux Valley in accordance with Subsection (1) dealing with the eligibility of persons to become Sioux Valley Citizens, will provide that:
   1. a person who is a Member of Sioux Valley immediately prior to that law coming into force will be deemed to be a Sioux Valley Citizen; and
   2. a person who, although not a Member of Sioux Valley immediately prior to that Sioux Valley Law coming into force, is eligible for membership in Sioux Valley, will be deemed eligible for Sioux Valley Citizenship.
5. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.

18.02 Jurisdiction does not confer certain status

The eligibility of a person to become a Sioux Valley Citizen in accordance with a Sioux Valley Law enacted in accordance with Subsection 18.01(1) will not have the effect of conferring on that person Canadian citizenship or permanent resident status.

18.03 Negotiations to be undertaken

1. As provided for in Paragraph 37.05(c), the Parties will negotiate with respect to, and attempt to reach agreement on, the future application of those sections of the Indian Act providing for the entitlement of a person to be registered as an "Indian", within the meaning of that Act.
2. In the course of the negotiations provided for in Paragraph 37.05(c), the Parties will explore and consider the implications and issues arising from the possible outcomes of those negotiations, with a view to securing agreement at the time a Final Agreement is concluded on how those implications and issues will be addressed following that Final Agreement coming into effect.

19.01 Jurisdiction over Sioux Valley Lands

1. Sioux Valley has Jurisdiction over Sioux Valley Lands to the extent provided for in Section 48.01.
2. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.

20.01 Jurisdiction over agriculture

1. Sioux Valley has Jurisdiction with respect to agriculture.
2. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the federal or provincial law will prevail to the extent of the Inconsistency or Conflict.

21.01 Jurisdiction over natural resources generally

1. Sioux Valley has Jurisdiction with respect to natural resources on, or forming part of, Sioux Valley Lands to the extent provided for in Sections 21.02 to 21.07 inclusive, including, unless otherwise provided in those Sections:
   1. resource use planning, management and conservation;
   2. granting and transfer of rights and interests in natural resources;
   3. access to Sioux Valley Lands for the purpose of harvesting, extracting or removing natural resources;
   4. extraction, removal and disposition on Sioux Valley Lands of natural resources;
   5. taking of rights and interests in natural resources without the consent of the holder thereof; and
   6. providing for a system for the registration and recording of rights and interests in natural resources.
2. Subject to Subsection (3), the Jurisdiction referred to in Subsection (1), as it relates to commercial matters, will be reviewed concurrently with the negotiations between the Parties and Manitoba referred to in Subsection 29.01(2).
3. The Jurisdiction referred to in Sections 21.02 to 21.07 inclusive does not extend to:
   1. the transfer or assignment to a non-Sioux Valley Citizen of any aboriginal or treaty rights of Sioux Valley or the Members of Sioux Valley recognized and affirmed by subsection 35(1) of the Constitution Act, 1982 in natural resources on or forming part of Sioux Valley Lands;
   2. agriculture, which matter is dealt with in Article 20.0; or
   3. taxation by Sioux Valley Dakota Oyate Government, on which matter the Parties will proceed in accordance with Subsection 29.01(4).
4. Notwithstanding Sections 21.02 to 21.07 inclusive, a Sioux Valley Law will not affect the ability of Canada to fulfil any legal obligation with respect to the collection of information for the production of statistics and reports on natural resources, their use, conservation and related activities.
5. The Parties and Manitoba recognize the mutual advantage of establishing resource management regimes that are compatible with one another.

21.02 Mines and minerals

1. Sioux Valley has Jurisdiction with respect to the management, regulation, prospecting for, extraction, development, refining, disposition and trade, barter or sale of mines and minerals, precious and base, including sand and gravel, on, or forming part, of Sioux Valley Lands.
2. The Jurisdiction referred to in Subsection (1) does not extend to:
   1. oil and gas, which matter is dealt with in Section 21.03;
   2. "atomic energy" and "prescribed substances" as defined in the Atomic Energy Control Act;
   3. "nuclear energy" and "nuclear substances" as defined in the Nuclear Safety and Control Act; or
   4. those matters dealt with in the Explosives Act.
3. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.

21.03 Oil and gas

1. Sioux Valley has Jurisdiction with respect to the management, regulation, exploration, extraction, refining, disposition and trade, barter or sale of oil and gas that form part of Sioux Valley Lands.
2. The Jurisdiction referred to Subsection (1) does not extend to those matters dealt with in the Explosives Act.
3. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the Sioux Valley law will prevail to the extent of the Inconsistency or Conflict.
4. Upon Sioux Valley exercising Jurisdiction in accordance with Subsection (1), the Indian Oil and Gas Act will no longer apply to Sioux Valley and Sioux Valley Lands.

21.04 Water

1. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will negotiate with respect to, and attempt to reach agreement on, the Jurisdiction of Sioux Valley with respect to the control, use and management of water.
2. The negotiations referred to in Subsection (1) will address:
   1. the Jurisdiction Sioux Valley may exercise with respect to the control, use and management of water;
   2. any matters within the subject area referred to in Paragraph (a) with respect to which Sioux Valley may not exercise Jurisdiction;
   3. any standards that a Sioux Valley Law enacted in accordance with the Jurisdiction Sioux Valley may exercise with respect to the subject area referred to in Paragraph (a) will provide for;
   4. the manner in which an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with the Jurisdiction Sioux Valley may exercise with respect to the subject area referred to in Paragraph (a) and any applicable federal or provincial laws will be resolved; and
   5. such other matters as the Parties may agree.
3. Notwithstanding Subsection (2), the Jurisdiction of Sioux Valley will not extend to navigation and shipping.
4. Matters relating to the riparian rights of Sioux Valley are dealt with in Subsection 46.02(2).

21.05 Forest resources

1. Sioux Valley has Jurisdiction with respect to forest resources and activities related thereto, including conservation.
2. Subject to Subsection (3), in the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.
3. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any federal law relating to plant health, the federal law will prevail to the extent of the Inconsistency or Conflict.

21.06 Fish

1. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will negotiate with respect to and attempt to reach agreement on the Jurisdiction of Sioux Valley with respect to fish, fisheries and related matters.
2. The negotiations referred to in Subsection (1) will address:
   1. the Jurisdiction Sioux Valley may exercise with respect to:
      1. the protection and harvesting of fish and the management of fisheries;
      2. the giving or non-commercial trade or barter between Sioux Valley Citizens, and the commercial sale, of fish harvested in a fishery in respect of which Sioux Valley has Jurisdiction;
      3. the management of the cultivation and rearing of fish or aquatic plants; and
      4. the protection and management of spawning grounds and any other areas on which fish depend directly or indirectly in order to carry out their life processes, including nursery, rearing, food supply and migration areas;
   2. any matters within the subject area referred to in Paragraph (a) with respect to which Sioux Valley may not exercise Jurisdiction;
   3. any standards that a Sioux Valley Law enacted in accordance with the Jurisdiction Sioux Valley may exercise with respect to the subject area referred to in Paragraph (a) will provide for;
   4. the manner in which an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with the Jurisdiction Sioux Valley may exercise with respect to the subject area referred to in Paragraph (a) and any applicable federal or provincial laws will be resolved; and
   5. such other matters as the Parties may agree.

21.07 Wildlife

1. Sioux Valley has Jurisdiction with respect to the protection, harvesting and management of wildlife which is on Sioux Valley Lands.
2. Subject to Subsection (3), in the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.
3. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and a federal law concerning:
   1. migratory birds and their habitat; or
   2. endangered species and their habitat
      the federal law will prevail to the extent of the Inconsistency or Conflict.

22.01 Definitions

In this Article, or as otherwise provided in Section 1.01:

1. "Environment", means:
   1. in Section 22.02, "environment" as defined in the Canadian Environmental Protection Act; and
   2. in Section 22.03, "environment" as defined in the Canadian Environmental Assessment Act;
2. "Environmental Effect" means "environmental effect" as defined in the Canadian Environmental Assessment Act; and
3. "Project" means:
   1. an undertaking or physical work which would be a "project" within the meaning of paragraph (a) of the definition of "project" contained in the Canadian Environmental Assessment Act; or
   2. any proposed physical activity to be carried out on Sioux Valley Lands not relating to a physical work that is prescribed or is within a class of physical activities that is prescribed in accordance with Sioux Valley Laws.

22.02 Environmental protection

1. Sioux Valley has Jurisdiction to manage, control, protect, preserve and conserve the Environment on, over or forming part of Sioux Valley Lands including Jurisdiction with respect to pollution prevention, waste management, protection of air quality and local water quality and environmental emergencies.
2. A Sioux Valley Law enacted in accordance with Subsection (1) will have the equivalent effect of environmental protection or will exceed the level of environmental protection provided by applicable federal and provincial laws.
3. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the federal or provincial law will prevail to the extent of the Inconsistency or Conflict.
4. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will negotiate with respect to, and attempt to reach agreement on, the manner in which environmental emergencies on Sioux Valley Lands and lands adjoining Sioux Valley Lands will be addressed.

22.03 Environmental assessment

1. Sioux Valley has Jurisdiction with respect to the environmental assessment of Projects on Sioux Valley Lands.
2. A Sioux Valley Law enacted in accordance with Subsection (1) will meet or exceed the requirements of the Canadian Environmental Assessment Act.
3. A Sioux Valley Law enacted in accordance with Subsection (1) will provide for the identification of Projects on Sioux Valley Lands that are subject to an environmental assessment, provided that such an identification does not lead to the exclusion of a Project that would otherwise be subject to an environmental assessment under the Canadian Environmental Assessment Act.
4. A Sioux Valley Law enacted in accordance with Subsection (1) will provide that a Project will not proceed until an environmental assessment is conducted and the proper authorization is obtained by the proponent.
5. A Sioux Valley Law enacted in accordance with Subsection (1) will provide at a minimum:
   1. that the following factors are taken into consideration in the environmental assessment of a Project:
      1. the Environmental Effects of the Project, including the Environmental Effects of malfunctions or accidents that may occur in connection with the Project and any cumulative Environmental Effects that are likely to result from the Project in combination with other Projects that have been or will be carried out;
      2. the significance of the Environmental Effects referred to Subparagraph (i);
      3. comments from the public with respect to the Project received in accordance with that Sioux Valley Law; and
      4. measures that are technically and economically feasible and would mitigate any significant adverse Environmental Effects of the Project;
   2. that the following factors are taken into account where a Project is likely to have significant adverse Environmental Effects in addition to the factors set out in Paragraph (a):
      1. the purpose of the Project;
      2. alternative means of carrying out the Project that are technically feasible and the Environmental Effects of any such alternative means;
      3. the need for, and the requirement of, any follow-up program in respect of the Project; and
      4. the capacity of renewable resources that are likely to be significantly affected by the Project to meet the needs of the present and those of the future;
   3. for rules for public participation and public access to the environmental information throughout the environmental assessment of a Project;
   4. the opportunity for a full public review where a Project is likely to have significant adverse Environmental Effects;
   5. for a requirement that decision-makers take the environmental assessment and, where applicable, the implementation of the mitigation measures, into consideration prior to taking any action or making any decision that would enable a Project to be carried out in whole or in part; and
   6. for any decision-making authority in relation to a Project to ensure that the mitigation measures are implemented.
6. A Sioux Valley Law enacted in accordance with Subsection (1) will provide for an environmental assessment process that ensures the implementation of the principle that proponents of Projects are responsible for costs associated with that environmental assessment process including the preparation of the environmental impact statement, mitigation measures, follow-up programs and public consultation.
7. Where a Project subject to an environmental assessment process pursuant to a Sioux Valley Law enacted in accordance with Subsection (1) may reasonably be expected to have significant adverse Environmental Effects on land, other than Sioux Valley Lands, Sioux Valley will ensure that Canada and Manitoba:
   1. receive timely notice of, and relevant information in the possession of Sioux Valley on the Project and the potential Environmental Effects of the Project; and
   2. are consulted and provided with an opportunity to participate in the environmental assessment applicable to the Project.
8. Where Sioux Valley establishes a review body as part of an environmental assessment process pursuant to a Sioux Valley Law enacted in accordance with Subsection (1) for a Project that may reasonably be expected to have significant adverse Environmental Effects on land, other than Sioux Valley Lands, Canada and Manitoba:
   1. may make representations to the review body; and
   2. will be entitled to nominate a member of the review body, except where the review body is a decision-making body.
9. Where a Project is subject to the Canadian Environmental Assessment Act and may reasonably be expected to have significant adverse Environmental Effects on Sioux Valley Lands, Canada will ensure that Sioux Valley:
   1. receives timely notice of, and relevant information in the possession of Canada on the Project and the potential Environmental Effects of the Project, subject to the Privacy Act, except as the application of that Act may be modified in accordance with Article 40.0, including relevant information available to Sioux Valley pursuant to any applicable provisions of the Canadian Environmental Assessment Act; and
   2. is consulted and provided with an opportunity to participate in the environmental assessment applicable to the Project.
10. Where Canada establishes a review body pursuant to the Canadian Environmental Assessment Act to provide advice or make recommendations with respect to the Environmental Effects of a Project that may reasonably be expected to have significant adverse Environmental Effects on Sioux Valley Lands, Sioux Valley:
    1. may make representations to the review body; and
    2. will be entitled to nominate a member of the review body, except where the review body is a decision-making body.
11. Until Sioux Valley enacts a Sioux Valley Law in accordance with Subsection (1), Sioux Valley will ensure that:
    1. a Project on Sioux Valley Lands that would otherwise be subject to an environmental assessment under the Canadian Environmental Assessment Act is assessed before it is authorized by Sioux Valley; and
    2. the environmental assessment of a Project of the nature referred to in Paragraph (a):
       1. takes into consideration the factors set out in Paragraphs (5)(a) and, where applicable, (5)(b);
       2. provides rules for public participation and public access to the environmental information throughout the environmental assessment of the Project and an opportunity for a full public review where a Project is likely to have significant adverse Environmental Effects; and
       3. requires that decision makers:
          1. take the environmental assessment, and, where applicable, the implementation of the mitigation measures, into consideration prior to taking any action or making any decision that would enable the Project to be carried out in whole or in part; and
          2. ensure that the mitigation measures are implemented.
12. Subject to Subsection (13), Sioux Valley will use its best efforts to enact a Sioux Valley Law in accordance with Subsection (1) as soon as reasonably possible afer Sioux Valley enacts an Initial Sioux Valley Land Law.
13. In determining when it is reasonably possible for Sioux Valley to proceed in accordance with Subsection (12), Sioux Valley will take into account, the human and financial resources necessary to administer and enforce a Sioux Valley Law of the nature contemplated in that Subsection.
14. Subject to Subsection (15), the Canadian Environmental Assessment Act will continue to apply to a Project proposed to be undertaken on Sioux Valley Lands.
15. The Parties and Manitoba acknowledge that:
    1. to assure certainty, accountability and predictability, unnecessary overlap and duplication should be avoided in the environmental assessment process; and
    2. where a Project is subject to more than one environmental assessment process, efforts should be made to harmonize the requirements of those processes with the objective of requiring only a single process to be undertaken with respect to that Project.
16. Without limiting Subsection (15), Sioux Valley, Canada and Manitoba may enter into agreements relating to the harmonization of environmental assessment processes of the nature contemplated in section 13.1 of The Environment Act.
17. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will negotiate with respect to, and attempt to reach agreement on, the manner in which environmental assessment processes will be harmonized.
18. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal law, the federal law will prevail to the extent of the Inconsistency or Conflict.

22.04 Natural Disasters

Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will negotiate with respect to, and attempt to reach agreement on, the regulation, development and implementation of emergency plans to respond to natural disasters on Sioux Valley Lands and lands adjoining Sioux Valley Lands.

23.01 Jurisdiction over cultural matters

1. Sioux Valley has Jurisdiction with respect to the use, promotion, protection, preservation and enhancement of Sioux Valley culture, including:
   1. language;
   2. history and traditions;
   3. arts and crafts; and
   4. historic and sacred sites and objects.
2. The Jurisdiction referred to:
   1. in this Part does not extend to intellectual property; and
   2. in Subsection (1) does not extend to broadcasting or telecommunications.
3. Subject to Subsection (6), in the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.
4. Services provided on Sioux Valley Lands by a federal institution, as defined in the Official Languages Act, will be provided in accordance with that Act.
5. A "federal institution" as defined in the Official Languages Act does not include Sioux Valley Dakota Oyate Government, or a Sioux Valley Public Body.
6. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and the Official Languages Act in the circumstances described in Subsection (4), the Official Languages Act will prevail to the extent of the Inconsistency or Conflict.
7. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba may discuss matters relating to historic and sacred objects and sites that are not on Sioux Valley Lands.
8. Sioux Valley may, in its discretion, seek to enter into agreements with any government, corporation or individual with respect to the return to Sioux Valley of any historic or sacred objects of Sioux Valley.

24.01 Jurisdiction over education

1. Sioux Valley has Jurisdiction with respect to education, including:
   1. pre-school education;
   2. elementary and secondary education;
   3. adult, technical and vocational education;
   4. post-secondary education;
   5. education with respect to the culture and language of Sioux Valley;
   6. facilities and structures, mechanisms and entities to administer or deliver education services;
   7. the development and setting of curriculum; and
   8. the accreditation of persons for the purpose of teaching:
      1. the culture and language of Sioux Valley; and
      2. matters other than the culture and language of Sioux Valley, provided that the requirements for the accreditation of such persons will be comparable to any requirements pursuant to provincial law for the accreditation of persons teaching the same subjects.
2. A Sioux Valley Law enacted in accordance with Paragraph (1)(a) or (b) will provide for standards so as to permit:
   1. the transfer of students to or from the school system in the Province of Manitoba at a similar level of achievement; and
   2. the admission of students to post secondary institutions in the Province of Manitoba.
3. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.

25.01 Jurisdiction over health

1. Sioux Valley has Jurisdiction with respect to:
   1. health services; and
   2. the regulation of the practice and the practitioners of traditional Indian medicine.
2. The Jurisdiction referred to Subsection (1) does not extend to the regulation of:
   1. persons who require licensing or certification pursuant to federal or provincial laws to practice their trade or profession; or
   2. products or substances which are regulated pursuant to federal or provincial laws.
3. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law with respect to:
   1. subject to Paragraph (b), health services, the federal or provincial law will prevail to the extent of the Inconsistency or Conflict;
   2. the determination of the organizational structures of health care facilities or institutions, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict; and
   3. the regulation of the practice and the practitioners of traditional Indian medicine on Sioux Valley Lands
      the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.

26.01 Child, family and dependent care and adoption, custody and access

1. Sioux Valley has Jurisdiction with respect to:
   1. the provision of care to children, families, adults, and disabled and other dependent persons;
   2. the provision of child welfare services, including matters relating to the protection of children and the provision of preventative services;
   3. adoption of children who have not reached the age of 18 years;
   4. custody of, and access to, children who have not reached the age of 18 years; and
   5. guardianship of, and parental responsibility for, children who have not reached the age of 18 years.
2. The Jurisdiction referred to in Paragraphs (1)(a) and (b) does not extend to the regulation of persons who require licensing or certification pursuant to federal or provincial laws to practice their trade or profession.
3. An application for custody of, or access to, a child made pursuant to a Sioux Valley Law enacted in accordance with Paragraph (1)(d) will be stayed by commencement of proceedings pursuant to the Divorce Act, except with leave of a court of competent jurisdiction.
4. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will discuss issues arising from applications for custody of, or access to, children made pursuant to a Sioux Valley Law enacted in accordance with Paragraph (1)(d) and similar proceedings commenced pursuant to provincial laws.
5. Sioux Valley will exercise Jurisdiction in accordance with Subsection (1) in relation to children in such a manner as to ensure that:
   1. the best interests of a child who is subject to the exercise of that Jurisdiction is the paramount consideration; and
   2. where a child on Sioux Valley Lands is in need of protection, action will be taken to protect that child.
6. Prior to exercising Jurisdiction in accordance with Paragraph (1)(b), the existing agreements relating to the provision of child and family services on Sioux Valley Lands will be reviewed and amended, as appropriate, to reflect that review.

26.02 Marriage

1. Sioux Valley has Jurisdiction with respect to:
   1. the legal capacity to marry; and
   2. the solemnization of marriage.
2. The application of a Sioux Valley Law enacted in accordance with Subsection (1), where a marriage is not performed on Sioux Valley Lands, but within the boundaries of the Province of Manitoba, and at least one of the parties to that marriage is a Sioux Valley Citizen, will be discussed in the negotiations referred to in Paragraph 56.02(1)(b).
3. The Jurisdiction of Sioux Valley referred to in Subsection (1) does not extend to the annulment of a marriage or to divorce.
4. A marriage solemnized in accordance with a Sioux Valley Law enacted in accordance with Paragraph (1)(b) will be deemed to be validly solemnized for the purposes of federal and provincial laws.
5. A marriage solemnized in accordance with a provincial law will be deemed to be validly solemnized for the purposes of Sioux Valley Laws.

26.03 Family support and property

1. Sioux Valley has Jurisdiction with respect to:
   1. the support of:
      1. spouses;
      2. cohabiting partners;
      3. children;
      4. parents;
      5. vulnerable family members; and
      6. other dependent persons;
   2. the division or use of property on Sioux Valley Lands belonging to spouses or cohabiting partners, including matters relating to the use, sale or division of equity in a marital home or an Interest in Sioux Valley Lands; and
   3. contracts entered into with respect to the matters described in Paragraphs (a) or (b).
2. A Sioux Valley Law enacted in accordance with Subsection (1) will accord rights to, and provide for the protection of, spouses, cohabiting partners, children, parents, vulnerable family members and other dependent persons that are equivalent to the rights and protection enjoyed by similarly situated individuals in accordance with applicable federal or provincial laws.
3. An application for spousal or child support made pursuant to a Sioux Valley Law enacted in accordance with Subparagraph (1)(a)(i) or (iii) will be stayed by the commencement of proceedings pursuant to the Divorce Act except with leave of a court of competent jurisdiction.
4. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will discuss issues arising from applications for support made pursuant to a Sioux Valley Law enacted in accordance with Subsection (1) and similar proceedings commenced pursuant to provincial laws.

26.04 Conciliation, mediation and counselling

Sioux Valley has Jurisdiction with respect to the recognition or establishment of authorities to provide conciliation, mediation and counselling with respect to the family and domestic affairs of Sioux Valley Citizens and non-Sioux Valley Citizens.

26.05 Inconsistency or Conflict

1. Subject to Subsection (2), in the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection 26.01(1), 26.02(1) or 26.03(1), or Section 26.04, and any applicable federal or provincial law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.
2. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Paragraph 26.01(1)(d), 26.02(1)(a) or 26.03(1)(a) and any applicable federal or provincial law, the federal or provincial law will prevail to the extent of the Inconsistency or Conflict.

26.06 Matters to be further considered

1. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will review and consider matters relating to conflict of laws between Sioux Valley Laws enacted in accordance with this Article and federal or provincial laws, including:
   1. the principles to apply to determine which law will apply; and
   2. the principles to apply to determine which court or tribunal will have jurisdiction to hear and determine those matters.
2. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will review and consider further the persons to which a Sioux Valley Law enacted in accordance with this Article will apply.
3. Matters relating to:
   1. the enforcement on Sioux Valley Lands of any applicable federal or provincial laws relating to matters of the nature described in Subsections 26.01(1) and 26.03(1); and
   2. the enforcement beyond Sioux Valley Lands of Sioux Valley Laws enacted in accordance with Subsections 26.01(1) and 26.03(1)
   will be addressed in the negotiations referred to in Section 33.01.

27.01 Jurisdiction over social development and support services

1. Sioux Valley has Jurisdiction with respect to the provision of social development and support services to persons in need including:
   1. income support and welfare; and
   2. the establishment of structures and mechanisms, including Sioux Valley Public Bodies to administer or deliver social development and support services.
2. The Jurisdiction referred to in Subsection (1) does not extend to:
   1. matters relating to education, health, the support of spouses, cohabiting partners, children, parents, vulnerable family members and other dependant persons, recreation and sport, or other matters which are specifically provided for in Articles 24.0, 25.0, 26.0 and 28.0; or
   2. human resource and employment development on which matter the Parties will be proceeding in accordance with Subsection 29.01(2).
3. Subject to Subsection (4), in the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.
4. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and a federal law relating to the provision of income support programs and services established by Canada for the benefit of the general public, the federal law will prevail to the extent of the Inconsistency or Conflict.

28.01 Jurisdiction over recreation and sport

1. Sioux Valley has Jurisdiction with respect to:
   1. recreation and sport activities, including the control or prohibition of public games, sports, races, athletic contests and other amusements; and
   2. the establishment and regulation of any structures or mechanisms, including Sioux Valley Public Bodies, to administer or deliver recreation and sport activities.
2. The Jurisdiction referred to in Subsection (1) does not extend to matters regulated or prohibited by the Criminal Code.
3. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.

29.01 Negotiations to be undertaken

1. The Parties acknowledge that it is desirable to stimulate, develop and sustain a local economy on Sioux Valley Lands and, for that purpose, Sioux Valley possess, among other tools, a meaningful level of Jurisdiction.
2. Having regard to the acknowledgement of the Parties set out in Subsection (1), the Parties agree that, prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will negotiate with respect to, and attempt to reach agreement on, the Jurisdiction of Sioux Valley, and other agreed-upon matters, with respect to economic subject matters.
3. The negotiations referred to in Subsection (2) will address:
   1. the Jurisdiction Sioux Valley may exercise with respect to economic subject matters including:
      1. matters related to business;
      2. revenue generation;
      3. human resource and employment development;
      4. economic structures and institutions, other than federal incorporation or the creation or regulation of financial institutions; and
      5. such other matters as the Parties may agree;
   2. any matters within the subject area referred to in Paragraph (a) with respect to which Sioux Valley may not exercise Jurisdiction;
   3. any standards that a Sioux Valley Law enacted in accordance with the Jurisdiction Sioux Valley may exercise with respect to the subject area referred to in Paragraph (a) will provide for;
   4. the manner in which an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with the Jurisdiction Sioux Valley may exercise with respect to the subject area refereed to in Paragraph (a) and any applicable federal or provincial laws will be resolved; and
   5. such other matters as the Parties may agree.
4. The negotiations referred to in Subsection (2) will further address:
   1. the Jurisdiction Sioux Valley may exercise with respect to taxation; and
   2. taxation matters, other than those matters referred to in Paragraph (a).
5. The matters referred to in Paragraphs (3)(b) to (d) inclusive will be addressed in the negotiations referred to in Paragraph (4)(a), with necessary modifications.
6. Following the conclusion of the negotiations between the Parties and Manitoba referred to in Subsection (2), or as part of those negotiations, the Parties and Manitoba will review and consider the commercial aspects of the subject areas in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with this Part.

30.01 Sioux Valley Assets

1. Sioux Valley has Jurisdiction with respect to:
   1. internal procedures of Sioux Valley relating to:
      1. the acquisition of property intended to become Sioux Valley Assets; and
      2. the administration, management and disposition of Sioux Valley Assets; and
   2. the administration, management and disposition of Sioux Valley Assets on Sioux Valley Lands.
2. The Jurisdiction referred to in Subsection (1) does not extend to matters relating to the financial administration of Sioux Valley, which matters are dealt with in Section 34.02.
3. The Jurisdiction of Sioux Valley relating to the acquisition of lands intended to become Sioux Valley Lands and the administration, management and disposition of Sioux Valley Lands and Interests therein is dealt with in Part VI.
4. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.
5. When requested by Sioux Valley, Sioux Valley Indian Moneys held by Canada will be transferred to Sioux Valley provided that, at the time the request is made, Sioux Valley provides to Canada a certificate that:
   1. the request is being made in accordance with the Sioux Valley Constitution including, that all conditions precedent to Sioux Valley making the request, as may be provided for in the Sioux Valley Constitution, have been satisfied; and
   2. Sioux Valley has enacted a law in accordance with Subsection (1) to administer those Sioux Valley Indian Moneys following the transfer by Canada.
6. Upon a transfer of Sioux Valley Indian Moneys to Sioux Valley by Canada in accordance with Subsection (5):
   1. Canada will have no further obligation or responsibility for the administration of those Sioux Valley Indian Moneys; and
   2. those Sioux Valley Indian Moneys will become Sioux Valley Assets.

30.02 Negotiations to be undertaken

1. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will negotiate with respect to, and attempt to reach agreement on, the Jurisdiction of Sioux Valley with respect to specific types of private property on Sioux Valley Lands not otherwise dealt with in this Part.
2. The negotiations referred to in Subsection (1) will address:
   1. the Jurisdiction Sioux Valley may exercise with respect to private property, including circumstances in which that Jurisdiction may be exercised;
   2. any matters within the subject area referred to in Paragraph (a) with respect to which Sioux Valley may not exercise Jurisdiction;
   3. any standards that a Sioux Valley Law enacted in accordance with the Jurisdiction Sioux Valley may exercise with respect to the subject area referred to in Paragraph (a) will provide for;
   4. the manner in which an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with the Jurisdiction Sioux Valley may exercise with respect to the subject area referred to in Paragraph (a) and any applicable federal or provincial laws will be resolved; and
   5. such other matters as the Parties may agree.

30.03 Administration of estates

1. Sioux Valley has Jurisdiction with respect to the administration of estates of Sioux Valley Citizens who, at the time of their death, were Ordinarily Resident on Sioux Valley Lands, including Jurisdiction with respect to:
   1. the form and validity of wills;
   2. devolution of estates on intestacy; and
   3. dependent relief.
2. Sioux Valley has Jurisdiction with respect to the administration of estates of Persons without Legal Capacity.
3. When requested by Sioux Valley, property held by Canada, or any employee or agent of Canada holding property in a representative capacity, for the benefit of:
   1. the heirs of a deceased Sioux Valley Citizen; or
   2. a Person without Legal Capacity
   will be transferred by Canada to Sioux Valley, as trustee for the person or persons beneficially entitled thereto.
4. Prior to a transfer of the nature referred to in Subsection (3) being made, Sioux Valley will provide to Canada:
   1. a certificate from Sioux Valley that:
      1. the request is being made in accordance with the Sioux Valley Constitution, including, that all conditions precedent to Sioux Valley making the request, as may be provided for in the Sioux Valley Constitution, have been satisfied; and
      2. Sioux Valley Dakota Oyate Government has enacted a law in accordance with Subsection (1) or (2) to administer that property;
   2. an undertaking by Sioux Valley that any property so transferred will be held and administered for the sole use and benefit of the person or persons beneficially entitled thereto;
   3. in the case of the estate of a deceased Sioux Valley Citizen:
      1. the consent of the heirs of the estate to the transfer; and
      2. a release from the heirs of the estate in favour of Canada and the legal representative of the estate from any further obligation with respect to the administration of that property; and
   4. in any case other than the case of the estate of a deceased Sioux Valley Citizen:
      1. the consent of the committee or legal guardian of the Sioux Valley Citizen, as the case may be, whose property Canada has been administering prior to the transfer; and
      2. a release in favour of Canada from the committee or legal guardian of the Sioux Valley Citizen, as the case may be, whose property Canada has been administering from any further obligation with respect to the administration of that property.
5. For the purpose of Paragraph (4)(b), the beneficial entitlement of a person or persons to property of the nature described in that Paragraph will be determined in accordance with applicable federal or provincial law as of the date the property is transferred to Sioux Valley.
6. A Sioux Valley Law enacted in accordance with Subsection (1) does not apply to the administration of the estate of a deceased Sioux Valley Citizen who at the time of his or her death, was Ordinarily Resident on Sioux Valley Lands, but who died prior to the date that Sioux Valley Law came into force, unless all of the heirs of that deceased Sioux Valley Citizen consent in writing to that Sioux Valley Law applying.
7. A Sioux Valley Law enacted in accordance with Subsection (2) does not apply to the administration of the estate of a Person without Legal Capacity who was a Person without Legal Capacity prior to the date that Sioux Valley Law came into force unless the committee or legal guardian of that person consents in writing to that Sioux Valley Law applying.
8. A Sioux Valley Law enacted in accordance with Subsection (1) or (2) does not apply to property held by Canada, or any employee or agent of Canada holding property in a representative capacity, for the benefit of the heirs of a deceased Sioux Valley Citizen or a Person without Legal Capacity where that property has not been transferred to Sioux Valley in accordance with Subsection (3).
9. Without limiting Subsection (6), (7) or (8), where Sioux Valley does not request Canada to transfer property held by Canada, or any employee or agent of Canada holding property in a representative capacity, for the benefit of:
   1. the heirs of a deceased Sioux Valley Citizen; or
   2. a Person without Legal Capacity
   in accordance with Subsection (3), that property will continue to be administered by Canada in accordance with the Indian Act until such time as it is transferred to Sioux Valley.
10. Sioux Valley has Jurisdiction with respect to the determination of:
    1. presumption of death in relation to Sioux Valley Citizens whose whereabouts is unknown but who, prior to their disappearance were Ordinarily Resident on Sioux Valley Lands; and
    2. whether Sioux Valley Citizens Ordinarily Resident on Sioux Valley Lands are incapable of managing their own affairs
    for the purposes of Sioux Valley Laws.
11. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1), (2) or (10) and any applicable federal or provincial law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.

31.01 Jurisdiction over local transportation matters

1. Sioux Valley has Jurisdiction with respect to the regulation of traffic and surface transportation and the design, construction, management and maintenance of surface transportation infrastructure.
2. The Jurisdiction referred to in Subsection (1) does not extend to navigation and shipping.
3. A Sioux Valley Law enacted in accordance with Subsection (1) relating to the standards of construction, maintenance or safety requirements of motor vehicles will provide for standards which are at least equivalent to any comparable standards established in accordance with any applicable federal or provincial laws.
4. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the federal or provincial law will prevail to the extent of the Inconsistency or Conflict.

32.01 Jurisdiction over works and infrastructure

1. Sioux Valley has Jurisdiction with respect to public and private works and community infrastructure including:
   1. public buildings and housing;
   2. the supply of water;
   3. energy supply and distribution including, hydro-electricity;
   4. waste and sewage disposal and recycling;
   5. fire protection and prevention services; and
   6. animal control, protection and prohibition.
2. The Jurisdiction referred to in Subsection (1) does not extend to:
   1. matters relating to water, on which matters the Parties will proceed in accordance with Section 21.04;
   2. federal public works; or
   3. such works as, although wholly situate within the Province of Manitoba, are before or after their execution, declared by the Parliament of Canada to be for the general advantage of Canada or for the advantage of two or more provinces, within the meaning of paragraph 92(10)(c) of the Constitution Act, 1867.
3. For the purposes of Paragraph (2)(b), "federal public works" includes any work or property under the management or control of a Minister, board or agency of the Government of Canada or any corporation acting on behalf of that Minister, board or agency.
4. A Sioux Valley Law enacted in accordance with Subsection (1) will provide for standards which are at least equivalent to any comparable standards established in accordance with any applicable federal or provincial laws.
5. A Sioux Valley Law enacted in accordance with Subsection (1) will be consistent with Article 22.0.
6. Subject to Subsection (7), in the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.
7. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and:
   1. any applicable federal or provincial law with respect to agriculture, the federal or provincial law will prevail to the extent of the Inconsistency or Conflict;
   2. any applicable federal law with respect to environmental protection, the federal law will prevail to the extent of the Inconsistency or Conflict; or
   3. any applicable federal law with respect to the assessment of the Environmental Effect of a Project, the federal law will prevail to the extent of the Inconsistency or Conflict.

33.01 Negotiations to be undertaken

1. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will negotiate with respect to, and attempt to reach agreement on, the Jurisdiction of Sioux Valley with respect to justice matters.
2. The negotiations referred to in Subsection (1) will address:
   1. the Jurisdiction Sioux Valley may exercise with respect to justice matters
      including:
      1. establishment of offences and related penalties for the purpose of enforcing a Sioux Valley Law;
      2. establishment of civil remedies as a consequence of a violation of a Sioux Valley Law;
      3. administration of justice, including:
         1. policing and Sioux Valley Public Bodies for the enforcement of laws;
         2. courts, tribunals and other dispute resolution mechanisms;
         3. structures and mechanisms, including Sioux Valley Public Bodies, other than those established for the purposes referred to in Clauses (A) and (B);
         4. corrections, other structures and institutions and programs for the care and rehabilitation of Sioux Valley Citizens convicted of a violation of a Sioux Valley Law;
         5. prosecution of offences;
         6. conduct of civil proceedings; and
         7. legal representation of persons appearing before structures and institutions of the nature referred to in Clauses (A) to (D) inclusive;
      4. the enforcement of judgments, including the enforcement of judgments or orders in relation to matters referred to in Subsection 26.06(3);
      5. preventative and legal information services;
      6. public order, peace and safety, other than "criminal law" or "procedure in criminal matters" within the meaning of subsection 91(27) of the Constitution Act, 1867; and
      7. such other matters as the Parties may agree;
   2. any matter within the subject area referred to in Paragraph (a) with respect to which Sioux Valley may not exercise Jurisdiction;
   3. any standards that a Sioux Valley Law enacted in accordance with the Jurisdiction Sioux Valley may exercise with respect to the subject area referred to in Paragraph (a) will provide for;
   4. the manner in which an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with the Jurisdiction Sioux Valley may exercise with respect to the subject area referred to in Paragraph (a) and any applicable federal or provincial laws will be resolved;
   5. the role, recognition and application of any customary law of Sioux Valley following a Final Agreement coming into effect with respect to a subject matter in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with this Part; and
   6. such other matters as the Parties may agree.

34.01 Constituting of Sioux Valley Dakota Oyate Government

1. Subject to Article 16.0, Sioux Valley has Jurisdiction with respect to the constituting of Sioux Valley Dakota Oyate Government.
2. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.

34.02 Structures, operation and procedures of Sioux Valley Dakota Oyate Government

1. Sioux Valley has Jurisdiction with respect to the structures, administration, management, operation and procedures of Sioux Valley Dakota Oyate Government including:
   1. the establishment of Sioux Valley Public Bodies for public purposes;
   2. the powers, duties, responsibilities, remuneration, indemnification and other similar matters in relation to elected officials, employees and appointees of Sioux Valley Dakota Oyate Government and Sioux Valley Public Bodies;
   3. conflicts of interest;
   4. financial administration of Sioux Valley Dakota Oyate Government;
   5. elections and referenda; and
   6. structures, administration, management, operation and procedures relating to protection and assurance of the rights of Sioux Valley Citizens and non- Sioux Valley Citizens on Sioux Valley Lands.
2. The Jurisdiction referred to in:
   1. Paragraph (1)(a) does not extend to federal incorporation; and
   2. Paragraph (1)(f) will be reviewed following the conclusion of the negotiations between the Parties and Manitoba on those matters set out in Clauses 33.01(2)(a)(iii)(A) to (D) inclusive.
3. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.

35.01 Commitment for negotiations in subject areas not dealt with in this Part

1. Where, following the coming into effect of a Final Agreement, there is a subject area which:
   1. relates to public health, order, peace or safety of Sioux Valley Citizens and non-Sioux Valley Citizens on Sioux Valley Lands;
   2. is integral to the culture, identity, tradition, language or institutions of Sioux Valley;
   3. is not a subject area in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with this Part; and
   4. is not a subject area, or a matter within a subject area, to which the Jurisdiction of Sioux Valley does not extend in accordance with this Part
   Sioux Valley may request that Canada and Manitoba enter into negotiations with respect to the Jurisdiction of Sioux Valley, on Sioux Valley Lands, in that subject area.
2. Where Sioux Valley makes a request to Canada and Manitoba in accordance with Subsection (1), the Parties and Manitoba will discuss whether the subject area in respect of which the request is made is a subject area to which Paragraphs (1)(a) and (b) apply and to which Paragraphs (1)(c) and (d) do not apply.
3. Subject to Paragraph (5)(a), where Sioux Valley makes a request to Canada and Manitoba in accordance with Subsection (1), Canada and Manitoba will enter into negotiations with Sioux Valley with respect to the Jurisdiction of Sioux Valley in that subject area.
4. Subject to Paragraph (5)(b) and Section 35.03, upon the conclusion of the negotiations referred to in Subsection (2) a Final Agreement may be amended to reflect the outcome of those negotiations.
5. Each of the Parties and Manitoba will need to obtain approval, in accordance with their respective policies and processes in place from time to time:
   1. with respect to their respective authority and mandate in the negotiations referred to in Subsection (3), prior to those negotiations commencing; and
   2. of the outcome of the negotiations referred to in Subsection (3), prior to a Final Agreement being amended in accordance with Subsection (4).

35.02 Resolution of disputes

A Final Agreement will provide for the manner in which the Parties and Manitoba will proceed in the event that a dispute arises:

1. between the Parties; or
2. among Sioux Valley, Canada and Manitoba
   as a result of, or arising out of the discussions referred to in Subsection 35.01(2) or the negotiations referred to in Subsection 35.01(3).

35.03 Process for amendment of Final Agreement

The provisions of a Final Agreement contemplated in Section 78.01 will apply to an amendment of the Final Agreement of the nature referred to in Subsection 35.01(4).

35.04 Sioux Valley will not exercise Jurisdiction until agreement reached

Sioux Valley will not exercise Jurisdiction in a subject area except in accordance with a Final Agreement or any amendment of a Final Agreement.

35.05 Matter to be reviewed

Prior to the form and content of a Final Agreement and Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will review and consider the provisions of Subsection 35.01(1), having regard to the outcome of the negotiations which have not been undertaken as of the date this Agreement was executed.

35.06 No limitation on amendments

This Article does not limit or prejudice the ability of the Parties, at any time and where they so agree, from entering into negotiations with the objective of amending a Final Agreement.

36.01 Defined words and phrases

In this Agreement:

"Inconsistency or Conflict" means, in respect of a Sioux Valley Law and any applicable federal or provincial law, a conflict as determined by the principles under the Constitution of Canada, with necessary modifications, that apply to the determination that there is a conflict between federal and provincial laws, including the determination that there is an actual conflict in operation between federal and provincial laws.

37.01 Continued application of federal and provincial laws

1. Subject to Subsections (2) and 37.02(1), any federal and provincial laws that apply to Sioux Valley, Sioux Valley Lands or to Sioux Valley Citizens, and non-Sioux Valley Citizens on Sioux Valley Lands will continue to apply, following a Final Agreement coming into effect.
2. Subject to Subsection 37.02(1) and Section 37.03, where Sioux Valley enacts a Sioux Valley Law, any applicable federal and provincial laws in respect of the subject area to which that Sioux Valley Law relates that would otherwise apply to Sioux Valley, Sioux Valley Lands or to Sioux Valley Citizens, and non-Sioux Valley Citizens on Sioux Valley Lands will continue to apply except as provided for in Part IV.

37.02 Laws must be valid to apply

1. Where, following a Final Agreement coming into effect, a federal or provincial law is to apply to Sioux Valley, Sioux Valley Lands or to Sioux Valley Citizens, and non-Sioux Valley Citizens on Sioux Valley Lands in accordance with Section 37.01, the federal or provincial law will only apply to the extent that it is legally valid.
2. A Sioux Valley Law will apply to Sioux Valley, Sioux Valley Lands or to Sioux Valley Citizens, and non-Sioux Valley Citizens on Sioux Valley Lands, where the essential aspect or purpose of that Sioux Valley Law deals with a subject matter in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with Part IV to the extent that that Sioux Valley Law is properly enacted:
   1. in accordance with the Sioux Valley Constitution; and
   2. as provided for in a Final Agreement.
3. A Sioux Valley Law is not invalid only because it has an incidental impact on a subject matter in respect of which the Jurisdiction of Sioux Valley is not recognized in accordance with Part IV.
4. A Sioux Valley Law is not invalid only because the law relates to a subject matter which, in one aspect or for one purpose, is a subject matter in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with Part IV and, in another aspect or for another purpose, is not a subject matter in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with Part IV.

37.03 Continued application of the Indian Act

Upon a Final Agreement coming into effect, the Indian Act will continue to apply except as provided for in Section 37.04.

37.04 Certain sections of Indian Act to no longer apply

1. Certain sections of the Indian Act, and any regulations made in accordance with those sections, will no longer apply upon:
   1. Final Agreement coming into effect;
   2. Sioux Valley making a request that Canada transfer to Sioux Valley:
      1. Sioux Valley Indian Moneys in accordance with Subsection 30.01(5);
      2. property held by Canada or an employee or agent of Canada in a representative capacity to Sioux Valley in accordance with Subsection 30.03(3); or
      3. legal title in Sioux Valley Lands in accordance with Subsection 46.03(1); or
   3. Sioux Valley exercising Jurisdiction in accordance with Part IV in certain subject matters.
2. The sections of the Indian Act referred to in Paragraphs (1)(a) to (c) inclusive will be determined in accordance with Section 37.05.

37.05 Negotiations to be undertaken

Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties will negotiate with respect to, and attempt to reach agreement on:

1. those sections of the Indian Act, and any regulations made in accordance with those sections, to which Subsection 37.04(1) applies;
2. those sections of the Indian Act, and any regulations made in accordance with those sections, which will continue to apply and the circumstances in which those sections and regulations will continue or cease to apply;
3. without limiting Paragraph (b), matters relating to the future application of those sections of the Indian Act providing for the entitlement of a person to be registered as an "Indian" within the meaning of that Act and the circumstances in which those sections will continue or cease to apply;
4. the effect of an amendment to a section of the Indian Act, or a regulation made in accordance with a section of the Indian Act, or an amendment to the Indian Act that adds a new section or new regulation not in force on the date a Final Agreement comes into effect;
5. the effect of the repeal of a section of the Indian Act, or a regulation made in accordance with the Indian Act;
6. the effect of the repeal or amendment of a Sioux Valley Law which, by virtue of its enactment, resulted in certain sections of the Indian Act, and regulations made in accordance with those sections, no longer applying as contemplated in Paragraph 37.04(1)(c); and
7. such other matters as the Parties may agree.

38.01 Federal laws enacted for peace, order and good government and the protection of human rights

1. Notwithstanding any other provision of a Final Agreement, in the event of an Inconsistency or Conflict between a Sioux Valley Law and a federal law enacted for the peace, order and good government of Canada, the federal law will prevail to the extent of the Inconsistency or Conflict.
2. Notwithstanding any other provision of a Final Agreement, in the event of an Inconsistency or Conflict between a Sioux Valley Law and any applicable federal law relating to the protection of human rights of all Canadians, the federal law will prevail to the extent of the Inconsistency or Conflict.

[Joint Note: the Parties have agreed that there may be a need for discussion between the CAIP and a Final Agreement of any other circumstances under which a conflict between a federal and Sioux Valley Law might be resolved otherwise than in accordance with the specific conflict rules set out in Part IV.]

38.02 Inconsistencies or Conflicts where Sioux Valley Law has incidental impact

[Joint note: The Parties have agreed that there is a need for further discussion between the CAIP and a Final Agreement as to whether the references to an applicable federal or provincial law in Subsection (1), Paragraph (2)(b) and Paragraph (3)(b) should be followed by the phrase "as that federal or provincial law relates to that subject matter" or a variation of that phrase as it appears in the text which follows.]

1. Where a Sioux Valley Law has an incidental impact on a subject matter in respect of which the Jurisdiction of Sioux Valley is not recognized in accordance with Part IV and in so doing creates an Inconsistency or Conflict with an applicable federal or provincial law as that federal or provincial law relates to that subject matter, the federal or provincial law will prevail to the extent of the Inconsistency or Conflict.
2. Where a Sioux Valley Law that relates to one subject matter has an incidental impact on another subject matter in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with Part IV and:
   1. Inconsistencies or Conflicts between a Sioux Valley Law that relates to that other subject matter and any applicable federal law are to be resolved by the federal law prevailing; and
   2. that Sioux Valley Law creates an Inconsistency or Conflict with an applicable federal law, as that federal law relates to that other subject matter, as a result of that incidental impact
   the federal law will prevail to the extent of the Inconsistency or Conflict.
3. Where a Sioux Valley Law that relates to one subject matter has an incidental impact on another subject matter in respect of which the Jurisdiction of Sioux Valley is recognized in accordance with Part IV and:
   1. Inconsistencies or Conflicts between a Sioux Valley Law that relates to that other subject matter and any applicable provincial law are to be resolved by the provincial law prevailing; and
   2. that Sioux Valley Law creates an Inconsistency or Conflict with an applicable provincial law, as that provincial law relates to that other subject matter, as a result of that incidental impact
   the provincial law will prevail to the extent of the Inconsistency or Conflict

38.03 Inconsistencies or Conflicts where the subject matter of a Sioux Valley Law has more than one essential aspect or purpose

[Joint note: The Parties have agreed that there is a need for further discussion between the CAIP and a Final Agreement as to whether the references to an applicable federal or provincial law in Paragraph (1)(b), Paragraph (2)(b) and Paragraph (3)(b) should be followed by the reference to that federal or provincial law relating to a particular subject matter, as described in the text.]

1. In the event of an Inconsistency or Conflict between:
   1. a Sioux Valley Law that relates to a subject matter having more than one essential aspect or purpose, one aspect or purpose of which relates to a subject matter in respect of which the Jurisdiction of Sioux Valley is not recognized in accordance with Part IV; and
   2. any applicable federal or provincial law, as that federal or provincial law relates to a subject matter, in respect of which the Jurisdiction of Sioux Valley is not recognized in accordance with Part IV
   the federal or provincial law will prevail to the extent of the Inconsistency or Conflict.
2. In the event of an Inconsistency or Conflict between:
   1. a Sioux Valley Law that relates to a subject matter having more than one
      essential aspect or purpose, one aspect or purpose of which relates to a
      subject matter in respect of which:
      1. the Jurisdiction of Sioux Valley is recognized in accordance with Part IV; and
      2. Inconsistencies or Conflicts between a Sioux Valley Law that relates to that subject matter and any applicable federal are to be resolved by the federal law prevailing; and
   2. any applicable federal law, as that federal law relates to a subject matter in respect of which:
      1. the Jurisdiction of Sioux Valley is recognized in accordance with Part IV; and
      2. Inconsistencies or Conflicts between a Sioux Valley Law that relates to that subject matter and any applicable federal are to be resolved by the federal law prevailing
      the federal law will prevail to the extent of the Inconsistency or Conflict.
3. In the event of an Inconsistency or Conflict between:
   1. a Sioux Valley Law that relates to a subject matter having more than one essential aspect or purpose, one aspect or purpose of which relates to a subject matter in respect of which:
      1. the Jurisdiction of Sioux Valley is recognized in accordance with Part IV; and
      2. Inconsistencies or Conflicts between a Sioux Valley Law that relates to that subject matter and any applicable provincial law are to be resolved by the provincial law prevailing; and
   2. any applicable provincial law, as that provincial law relates to a subject matter in respect of which:
      1. the Jurisdiction of Sioux Valley is recognized in accordance with Part IV; and
      2. Inconsistencies or Conflicts between a Sioux Valley Law that relates to that subject matter and any applicable provincial law are to be resolved by the provincial law prevailing
      the provincial law will prevail to the extent of the Inconsistency or Conflict.

38.04 International Agreements

1. In the event of an Inconsistency or Conflict between a Sioux Valley Law and any federal or provincial law that reflects, fulfills or implements, or enables Canada to fulfil or implement, an obligation of Canada under international law or an international agreement, in whole or in part, the federal or provincial law will prevail to the extent of the Inconsistency or Conflict.
2. A federal or provincial law of the nature referred to in Subsection (1) includes a federal or provincial law in force prior to Canada incurring an obligation under international law or an international agreement.

39.01 Need to harmonize

1. The Parties and Manitoba acknowledge that federal, provincial and Sioux Valley Laws may need to be harmonized.
2. The Parties and Manitoba further acknowledge that there is a need for Sioux Valley, Canada and Manitoba to harmonize programs and services to Sioux Valley Citizens, and program and service standards, to ensure the most efficient and effective use of resources.
3. The Parties and Manitoba recognize that, for the most effective exercise of Jurisdiction by Sioux Valley, it may be necessary for Sioux Valley and Canada or Manitoba to reach co-operative arrangements.
4. A Final Agreement may provide for the process by which the Parties and Manitoba will attempt to reach arrangements of the nature referred to in Subsection (3).

39.02 Party not to affect programs and services of other Party

1. Where Sioux Valley is not delivering a program or service on Sioux Valley Lands, Sioux Valley may not affect the application, eligibility criteria, delivery, or other terms and conditions of a program or service of Canada without the consent of Canada.
2. Where Canada is not delivering a program or service on Sioux Valley Lands, Canada may not affect the application, eligibility criteria, delivery, or other terms and conditions of a public program or service of Sioux Valley without the consent of Sioux Valley.
3. Subsections (1) and (2) will not be interpreted or construed to affect the manner in which an Inconsistency or Conflict between a Sioux Valley Law and a federal law is to be resolved in accordance with Part IV or Article 38.0.

40.01 Freedom of information and privacy

1. The Parties may enter into agreements in respect of the collection, protection, retention, use, disclosure, and confidentiality of personal, general or other information.
2. For the purposes of the Access to Information Act and the Privacy Act, information that Sioux Valley Dakota Oyate Government provides to Canada in confidence will be deemed to be information received or obtained by Canada in confidence from another government.
3. Canada may provide information to Sioux Valley Dakota Oyate Government in confidence if Sioux Valley Dakota Oyate Government has enacted a Sioux Valley Law or has entered into an agreement with Canada in accordance with which the confidentiality of the information will be protected.
4. Subject to Subsection (6), Canada is not required to disclose any information to Sioux Valley Dakota Oyate Government that it is required to withhold pursuant to any federal or provincial law.
5. Subject to Subsection (6), where a federal law allows the disclosure of certain information only if specified conditions for disclosure are satisfied, Canada is not required to disclose that information to Sioux Valley Dakota Oyate Government unless those conditions are satisfied.
6. Subject to Subsection (7), where Sioux Valley Dakota Oyate Government requests disclosure of information from Canada that request will be evaluated as if it were a request by a provincial government.
7. Canada is not required to disclose to Sioux Valley Dakota Oyate Government information that is only available to a particular provincial government or governments.
8. Notwithstanding any other provision in this Section, the Parties are not required to disclose any information that may be withheld under a privilege at law or, in the case of Canada, in accordance with sections 37 to 39 inclusive of the Canada Evidence Act.

41.01 Passage, Enactment and Publication of Sioux Valley Laws

Sioux Valley will:

1. maintain a public registry of all Sioux Valley Laws, including the Sioux Valley Constitution:
   1. in the English language; and
   2. in the Dakota language as Sioux Valley determines appropriate; and
2. provide Canada and Manitoba with copies of each Sioux Valley Law as soon as possible after that Sioux Valley Law is enacted.

42.01 Sioux Valley Law not a bylaw

1. A Sioux Valley Law is not a "bylaw" within the meaning of the Indian Act.
2. Without limiting Subsection (1), the Minister of Indian Affairs and Northern Development has no power or authority to approve or disallow a Sioux Valley Law.

43.01 Statutory Instruments Act does not apply

The Statutory Instruments Act does not apply to a Sioux Valley Law.

44.01 Present extent of Sioux Valley Lands

Sioux Valley Lands, as of the date a Final Agreement is executed, will be described in a schedule to that Final Agreement.

44.02 Additions to Sioux Valley Lands

1. Additions to Sioux Valley Lands after a Final Agreement comes into effect will be in accordance with any agreement between the Parties which provides for any such additions to Sioux Valley Lands.
2. Without limiting Subsection (1), an agreement between Canada and Sioux Valley may provide that lands acquired by Sioux Valley may be transferred to Canada for the purpose of being designated as Sioux Valley Lands.
3. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will negotiate with respect to, and attempt to reach agreement on, the process for an addition to Sioux Valley Lands, including the nature and extent of any involvement of Manitoba in matters relating to an addition to Sioux Valley Lands.

44.03 Status of Sioux Valley Lands

It is the intent of the Parties that Sioux Valley Lands will continue to be "lands reserved for Indians" within the meaning of subsection 91(24) of the Constitution Act, 1867 following a Final Agreement coming into effect.

44.04 Final Agreement without prejudice

A Final Agreement will not prejudice the position any Party or Manitoba may take as to any aboriginal title of Sioux Valley in any lands, including Sioux Valley Lands.

44.05 Removal of any residual provincial interest in Sioux Valley Lands

The Parties agree to pursue negotiations with Manitoba, the aim of which will be to set the terms by which Manitoba may transfer to:

1. Canada, for the benefit of Sioux Valley; or
2. Sioux Valley, in the event title to Sioux Valley Lands has been transferred from Canada to Sioux Valley in accordance with Subsection 46.03(1),

the rights with respect to Sioux Valley Lands that Manitoba holds pursuant to paragraph 11 of the Natural Resources Transfer Agreement, confirmed as Schedule 1 to the Constitution Act, 1930.

45.01 Audit of environmental condition of Sioux Valley Lands

1. Prior to the form and content of a Final Agreement and Tripartite Final Agreement being agreed to by the negotiators for the Parties and Manitoba, the Parties will ensure that an audit of the environmental condition of Sioux Valley Lands is undertaken.
2. The audit referred to in Subsection (1) will be undertaken by an agreed-upon qualified individual, firm or corporation that is independent of the Parties.
3. The audit referred to in Subsection (1) will identify:
   1. physical activities that have been or are being carried out on Sioux Valley Lands;
   2. physical works that have existed or then exist on Sioux Valley Lands; and
   3. physical activities and physical works other than those of the nature referred to in Paragraphs (a) and (b) that have had, are having or are likely to have significant adverse Environmental Effects on Sioux Valley Lands
   in respect of which remedial actions or mitigation measures are required.
4. Within 12 months of this Agreement being executed, or such other period as the Parties may agree, the Parties will negotiate with respect to, and attempt to reach agreement on the:
   1. process and methodology; and
   2. standards
   for the audit referred to in Subsection (1).
5. In order to facilitate the audit referred to in Subsection (1):
   1. Canada will, subject to the Privacy Act, provide to the individual, firm or corporation undertaking the audit and to Sioux Valley, all information in its possession on the physical activities and physical works referred to in Paragraphs (3)(a) to (c) inclusive that is relevant to determining the environmental condition of Sioux Valley Lands; and
   2. Sioux Valley will, subject to considerations relating to privacy, provide to the individual, firm or corporation undertaking the audit and to Canada, all information in its possession and in the possession of Sioux Valley, on the physical activities and physical works referred to in Paragraphs (3)(a) to (c) inclusive that is relevant to determining the environmental condition of Sioux Valley Lands.

45.02 Remedial actions and mitigation measures to be contained in Intergovernmental Relations and Implementation Plan

1. Subject to Subsections (4) and (5), where the audit referred to in Subsection 45.01(1) determines that remedial actions or mitigation measures are required to address adverse Environmental Effects on Sioux Valley Lands by those physical activities and physical works of the nature referred to in Paragraphs 45.01(3)(a) and (b), the Intergovernmental Relations and Implementation Plan will identify:
   1. subject to Subsection (3), the remedial actions or mitigation measures as an activity to be carried out;
   2. the Party responsible for carrying out that activity;
   3. the time period within which the activity is to be carried out; and
   4. which Party will bear the costs associated with carrying out that activity or the steps that need to be undertaken by the Parties to ensure that any third party (including Manitoba) responsible for the physical activity or physical work bears responsibility for the costs of the remedial actions or mitigation measures.
2. Subject to Subsection (5), where the audit referred to in Subsection 45.01(1) determines that remedial actions or mitigation measures are required to address adverse Environmental Effects on Sioux Valley Lands by those physical activities and physical works of the nature referred to in Paragraph 45.01(3)(c), the Intergovernmental Relations and Implementation Plan may identify:
   1. subject to Subsection (3), the remedial actions or mitigation measures as an activity to be carried out;
   2. the time period within which the activity would desirably be carried out; and
   3. the steps that need to be undertaken by the Parties to ensure that any third party (including Manitoba) responsible for the physical activity or physical work bears responsibility for the costs of the remedial actions or mitigation measures.
3. In determining, in respect of a physical activity or work of the nature referred to in Subsection 45.01(1), the extent of the remedial actions or mitigation measures to be identified as an activity to be carried out in the Intergovernmental Relations and Implementation Plan, the Parties will give consideration, among other factors, to the extent to which the remedial actions or mitigation measures identified in the audit referred to in that Subsection are technically and economically feasible.
4. Subject to Subsection (5), in determining which Party will or should bear the costs associated with carrying out remedial actions or mitigation measures in respect of physical activities and physical works of the nature referred to in Paragraphs 45.01(3)(a) and (b) in accordance with Paragraph (1)(d), the Parties will proceed in accordance with the principle that the Party legally responsible for adverse Environmental Effects should bear the costs of carrying out those remedial actions or mitigation measures.
5. Subsections (1) and (2) are not intended, and will not be construed, to:
   1. create any legal obligation on the part of any Party (including, in the case of Canada, any fiduciary obligation) which does not otherwise exist; or
   2. release any Party from any legal obligation that Party may otherwise have, (including, in the case of Canada, any fiduciary obligation)

to bear, or take the steps that need to be undertaken to ensure that a third party (including Manitoba) bears, responsibility for the costs of any remedial actions or mitigation measures that are determined to be required by the audit referred to in Subsection 45.01(1) to address adverse Environmental Effects on Sioux Valley Lands by those physical activities and physical works of the nature referred to in Subsection 45.01(3).

45.03 Limitation

Section 45.02 does not apply to a physical activity or physical work in respect of which:

1. remedial actions or mitigation measures are provided for in an agreement between the Parties or between Sioux Valley and Canada or a third party, including Manitoba; or
2. Sioux Valley has received, or is entitled to receive, compensation for the adverse Environmental Effects of that physical activity or physical work in accordance with an agreement between the Parties or between Sioux Valley and Canada or a third party, including Manitoba.

46.01 Legal title not transferred

1. As requested by Sioux Valley, title to:
   1. Sioux Valley Lands as of the date a Final Agreement comes into effect will remain in Canada; and
   2. any lands which become Sioux Valley Lands following a Final Agreement coming into effect will be vested in Canada
   for the use and benefit of Sioux Valley.
2. Subsection (1) does not change the interest of Sioux Valley in Sioux Valley Lands.

46.02 Sioux Valley has all incidents of ownership

1. Notwithstanding Section 46.01, but subject to Section 50.02, Subsections 50.04(1) and 51.03(1) and the negotiations regarding matters relating to the acquisition of Sioux Valley Lands without consent referred to in Section 53.01, Sioux Valley will have the full rights, powers, responsibilities and privileges of an owner in relation to Sioux Valley Lands, other than the vesting of legal title.
2. Without limiting Subsection (1), Sioux Valley will have the same riparian rights, as possessed by Canada, in respect of Sioux Valley Lands adjacent to any river, stream, lake, pond, marsh or other body of water.

46.03 Sioux Valley may request transfer of title

1. Notwithstanding Section 46.01, but subject to Subsections (2) and (3), if requested by Sioux Valley, Canada will transfer title to Sioux Valley Lands to Sioux Valley.
2. In the event a request is made by Sioux Valley to Canada in accordance with Subsection (1), Sioux Valley will provide to Canada a certificate evidencing that:
   1. the request is being made in accordance with the Sioux Valley Constitution or other Sioux Valley Law, including that all conditions precedent to Sioux Valley making the request, as may be provided for in the Sioux Valley Constitution or other Sioux Valley Law, have been satisfied;
   2. prior to Sioux Valley making the request:
      1. a vote of all Eligible Citizens was held to determine whether Sioux Valley should make that request; and
      2. of those voting on the question referred to in Subparagraph (i), at least a majority of Eligible Citizens voted in favour of Sioux Valley making that request; and
   3. Sioux Valley has enacted an Initial Sioux Valley Land Law
   and Canada will be entitled to rely on that certificate without recourse by Sioux Valley or any Sioux Valley Citizen.
3. Prior to Canada transferring title to Sioux Valley Lands to Sioux Valley in accordance with Subsection (1), the Parties will discuss any matters incidental to the transfer of title as the Parties may agree.

47.01 Indian Act continues to apply

1. Prior to Sioux Valley enacting an Initial Sioux Valley Land Law, but subject to this Part, Sioux Valley Lands and Interests in Sioux Valley Lands will be managed and controlled in accordance with all applicable federal laws, including the Indian Act, and a Final Agreement.
2. Without limiting Subsection (1), but subject to this Part, prior to Sioux Valley enacting an Initial Sioux Valley Land Law, the responsibilities of the Government of Canada, including the Minister of Indian Affairs and Northern Development and the Governor in Council, with respect to Sioux Valley Lands provided for in the Indian Act will continue.
3. Matters relating to the liability of Canada in relation to Sioux Valley Lands and Interests in Sioux Valley Lands are dealt with in Part XI.

47.02 Continuation of fiduciary relationship

Matters relating to the continuation of the fiduciary relationship between Canada and Sioux Valley and any duty of care or obligation of Canada arising out of that relationship in respect of Sioux Valley Lands are dealt with in Section 5.04.

48.01 Jurisdiction of Sioux Valley over Sioux Valley Lands

1. Subject to Articles 49.0 to 52.0 inclusive, and the negotiations regarding matters relating to the acquisition of Sioux Valley Lands without consent referred to in Section 53.01, Sioux Valley has Jurisdiction with respect to Sioux Valley Lands including:
   1. the use, possession and management of Sioux Valley Lands;
   2. zoning, development planning and land use planning;
   3. the creation, transfer and disposition of Interests in Sioux Valley Lands;
   4. access to and residency on Sioux Valley Lands;
   5. trespass and nuisance on Sioux Valley Lands;
   6. matters relating to buildings and other structures on Sioux Valley Lands, other than the matters provided for in Article 32.0;
   7. the taking of Interests in Sioux Valley Lands for community purposes;
   8. surveys of the boundaries of Interests in Sioux Valley Lands; and
   9. providing for or establishing a land registry.
2. The Jurisdiction referred to in Subsection (1) does not extend to:
   1. agriculture, which matter is dealt with in Article 20.0; or
   2. natural resources, which matters are dealt with in Article 21.0.
3. In the event of an Inconsistency or Conflict between a Sioux Valley Law enacted in accordance with Subsection (1) and any applicable federal or provincial law, the Sioux Valley Law will prevail to the extent of the Inconsistency or Conflict.

48.02 Surveys

1. The Jurisdiction referred to in Paragraph 48.01(1)(h) does not extend to the certification of surveyors.
2. Sioux Valley will not exercise Jurisdiction in accordance with Paragraph 48.01(1)(h) unless and until Sioux Valley has entered into an agreement with Canada relating to such matters as the Parties agree are necessary to ensure:
   1. the integration of surveys carried out in accordance with that Sioux Valley Law and surveys carried out in accordance with any applicable federal and provincial laws;
   2. the establishment or identification of a public registry for surveys of Sioux Valley Lands; and
   3. the ongoing integrity of the survey fabric as it relates to Sioux Valley Lands.
3. A Sioux Valley Law enacted in accordance with Paragraph 48.01(1)(h) will establish standards relating to surveys which are at least equivalent to any standards of that nature established in accordance with the Canada Land Surveys Act.

49.01 Initial Sioux Valley Land Law

Recognizing that matters relating to land management are inter-related and cannot practically be dealt with in isolation, the Initial Sioux Valley Land Law will make sufficient provision to deal with those sections of the Indian Act set out in a Schedule to a Final Agreement that will cease to apply to Sioux Valley Lands upon that exercise of Jurisdiction, as contemplated in Paragraph 37.04(1)(c).

49.02 Management systems to be in place

An Initial Sioux Valley Land Law will provide that it will not come into force until Sioux Valley has in place such management systems as Sioux Valley determines necessary to administer that Sioux Valley Law and to manage Sioux Valley Lands and Interests in Sioux Valley Lands.

49.03 Canada no longer to manage and control Sioux Valley Lands

Upon an Initial Sioux Valley Land Law coming into force, Canada will not have any authority with respect to the management and control of Sioux Valley Lands or Interests in Sioux Valley Lands, except as provided for in Section 50.02 or as a Final Agreement may provide as a result of the negotiations referred to in Section 53.01.

49.04 Canada to do what is required to effect transfer of management and control

Subject to Subsection 46.01(1), Section 50.02 and the provisions of a Final Agreement resulting from the negotiations referred to in Section 53.01, immediately following an Initial Sioux Valley Land Law coming into force, Canada will undertake all actions necessary to effect the transfer of management and control of Sioux Valley Lands to Sioux Valley.

50.01 General principles

1. Sioux Valley Lands will not be sold or otherwise dealt with in such a manner that the rights and interests of Sioux Valley and Sioux Valley Citizens in Sioux Valley Lands are absolutely disposed of.
2. Notwithstanding Subsection (1), the Sioux Valley Constitution may provide whether Sioux Valley Lands may be sold, or a fee simple interest in Sioux Valley Lands absolutely disposed of, and if so, the circumstances in which a sale or absolute disposition may occur.
3. Where the Sioux Valley Constitution permits Sioux Valley Lands to be sold, or a fee simple interest in Sioux Valley Lands absolutely disposed of, a sale or absolute disposition may be made only in accordance with:
   1. the process and other requirements provided for in the Sioux Valley Constitution; and
   2. Sections 50.02 to 50.06 inclusive.
4. This Article does not apply to:
   1. the granting of an Interest in Sioux Valley Lands, which matter is dealt with in Article 51.0; or
   2. the taking of Sioux Valley Lands or an Interest in Sioux Valley Lands without the consent of Sioux Valley, which matter will be dealt with in the negotiations referred to in Section 53.01.

50.02 Dispositions of Sioux Valley Lands while Canada retains title

1. While Canada retains title to Sioux Valley Lands, Sioux Valley may, where provided for, and in accordance with, the Sioux Valley Constitution, request that Canada make a disposition of Sioux Valley Lands, other than the granting of an Interest, including a voluntary exchange of land in accordance with Section 50.04.
2. At the time a request is made by Sioux Valley to Canada in accordance with Subsection (1), Sioux Valley will provide to Canada:
   1. particulars of the proposed disposition, sufficient to permit Canada to carry out the request; and
   2. a certificate evidencing that the request is being made in accordance with the Sioux Valley Constitution.
3. Upon Sioux Valley satisfying its obligations set out in Subsection (2), Canada will proceed to make the disposition of the Sioux Valley Lands on the terms set out in the request.
4. Canada will be entitled to rely on the certificate referred to in Paragraph (2)(b) without recourse by Sioux Valley or any Sioux Valley Citizen.

50.03 Disposition of Sioux Valley Lands if Sioux Valley assumes title

If Sioux Valley requests the transfer of title to Sioux Valley Lands from Canada in accordance with Subsection 46.03(1), at any time after Canada has transferred title in Sioux Valley Lands to Sioux Valley, Sioux Valley may, to the extent provided for, and in accordance with, the Sioux Valley Constitution, make a disposition of Sioux Valley Lands, other than the granting of an Interest, including a voluntary exchange of land in accordance with Subsection 50.04(5).

50.04 Voluntary exchange of Sioux Valley Land

1. Subject to the Sioux Valley Constitution, Sioux Valley may exchange or trade a parcel of Sioux Valley Land for another parcel of land in Canada of greater or equivalent size or value in accordance with this Section.
2. Where:
   1. Sioux Valley wishes to exchange or trade a parcel of Sioux Valley Lands for another parcel of land;
   2. Sioux Valley wishes the parcel of land in respect of which a parcel of Sioux Valley Lands is being exchanged or traded to be designated as Sioux Valley Lands; and
   3. at that time, Canada has title to Sioux Valley Lands,
      Sioux Valley may, in accordance with the Sioux Valley Constitution, request that Canada make that exchange or trade.
3. At the time a request is made by Sioux Valley to Canada in accordance with Subsection (2), Sioux Valley and Canada will determine:
   1. whether the parcel of land with respect to which Sioux Valley proposes to exchange or trade a parcel of Sioux Valley Land should and may be designated as Sioux Valley Lands; and
   2. where Sioux Valley and Canada agree that the parcel of land referred to in Paragraph (a) should and may be designated as Sioux Valley Lands, the actions of Sioux Valley, Canada and Manitoba or any other third party that are necessary prior to Canada proceeding, or to enable Canada to proceed, with the exchange or trade.
4. Upon Sioux Valley, Canada, Manitoba and any third party completing the actions identified in accordance with Paragraph (3)(b), Canada will proceed to make the exchange or trade of the Sioux Valley Lands on the terms set out in the request.
5. If Sioux Valley should decide to request the transfer of title to Sioux Valley Lands from Canada in accordance with Subsection 46.03(1), at any time after Canada has transferred title in Sioux Valley Lands to Sioux Valley, Sioux Valley may, in accordance with the Sioux Valley Constitution, exchange or trade a parcel of Sioux Valley Lands for another parcel of land in Canada.
6. Where a parcel of Sioux Valley Lands has been exchanged or traded for another parcel of land in accordance with Subsection (5), the parcel of land received in exchange or trade may, if the Parties so agree, be designated as Sioux Valley Lands.
7. In the negotiations referred to in Subsection 44.02(3), matters relating to whether parcels of land received in exchange or trade for parcels of Sioux Valley Lands that the Parties agree should and may be designated as Sioux Valley Lands in accordance with Paragraph (3)(a) or Subsection (6) will be discussed.

50.05 Minimum requirements of the Sioux Valley Constitution

1. Where the Sioux Valley Constitution provides that Sioux Valley may make a request of Canada for:
   1. the disposition of Sioux Valley Lands in accordance with Subsection 50.02(1); or
   2. the voluntary exchange or trade of Sioux Valley Lands in accordance with Subsection 50.04(2)
   the Sioux Valley Constitution will further provide that, in addition to any other requirements, prior to Sioux Valley making that request, a vote of all Eligible Citizens will be held to determine whether the request should be made and, of those voting on the question, at least a majority of the Eligible Citizens must vote in favour of Sioux Valley making that request.
2. Where the Sioux Valley Constitution provides that, following Sioux Valley requesting the transfer of title to Sioux Valley Lands from Canada in accordance with Subsection 46.03(1), Sioux Valley may:
   1. dispose of Sioux Valley Lands in accordance with Section 50.03; or
   2. exchange or trade Sioux Valley Lands in accordance with Subsection 50.04(5)

the Sioux Valley Constitution will further provide that, in addition to any other requirements, prior to Sioux Valley proceeding in the manner referred to in Paragraph (a) or (b), a vote of all Eligible Citizens will be held to determine whether Sioux Valley should make the disposition, or exchange or trade, of Sioux Valley Lands and, of those voting on the question, at least a majority of the Eligible Citizens must vote in favour of Sioux Valley making that disposition or exchange or trade.

50.06 Disposition of Sioux Valley Lands through seizure

Sioux Valley Lands and rights and interests of Sioux Valley or a Sioux Valley Citizen in Sioux Valley Lands may not be pledged, mortgaged, hypothecated or otherwise encumbered as security for a debt and are not subject to seizure under legal process, except where:

1. the security or seizure is in favour of Sioux Valley Dakota Oyate Government or a Sioux Valley Citizen;
2. the security is a leasehold interest and the seizure is of that leasehold interest; or
3. the security or seizure is of a class or type other than of the nature referred to in Paragraph (a) or (b) and is authorized in the Sioux Valley Constitution.

51.01 Information on Interests to be provided

Prior to the form and content of a Final Agreement and Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, Canada will provide to Sioux Valley:

1. a list of all Interests in Sioux Valley Lands that are recorded in the Reserve Land Register and the Surrendered and Designated Lands Register; and
2. any other information in the possession of Canada that materially affects those Interests in Sioux Valley Lands,

it being understood that in supplying the information referred to in Paragraphs (a) and (b), Canada makes no representation or warranty as to the completeness or accuracy of that information.

51.02 Existing Interests

1. An Interest in Sioux Valley Lands which exists as of the date a Final Agreement comes into effect will continue in accordance with its terms.
2. Canada will obtain the consent of Sioux Valley prior to making any decision with respect to any existing Interest in Sioux Valley Lands, provided that, where Sioux Valley refuses to consent to Canada making a decision with respect to an Interest in Sioux Valley Lands and the result of Canada acting in accordance with that refusal would cause Canada to breach any then existing legal obligation of Canada to the holder of that Interest, Canada may proceed to make the decision without regard to the refusal of Sioux Valley.
3. Subject to Subsection (1), an Interest in Sioux Valley Lands which exists as of the date an Initial Sioux Valley Land Law comes into force will be subject to Sioux Valley Laws, including the Sioux Valley Constitution.
4. Without limiting Section 49.04, upon Sioux Valley giving notice in writing to Canada of its intention to enact an Initial Sioux Valley Land Law, Canada will undertake all actions necessary to transfer or assign to Sioux Valley all of the rights and responsibilities of Canada in any Interest in Sioux Valley Lands in respect of which Canada was the grantor.
5. A transfer or assignment of the nature referred to Subsection (4) will become effective on the date the Initial Sioux Valley Land Law comes into force.
6. An Interest in Sioux Valley Lands which exists as of the date an Initial Sioux Valley Land Law comes into force may be unilaterally replaced, varied or amended by Sioux Valley to the same extent that Canada possessed such power immediately prior to the transfer or assignment by Canada of rights of Canada in the Interest as grantor to Sioux Valley in accordance with Subsections (4) and (5).
7. Nothing in this Section prevents Sioux Valley and the holder of an Interest in Sioux Valley Lands which exists as of the date an Initial Sioux Valley Land Law comes into force from agreeing to a different form of Interest or to further or other rights and responsibilities as between them to those provided for in the instrument creating the Interest.
8. Where Canada proceeds to make a decision in accordance with Subsection (2) with respect to any existing Interest in Sioux Valley Lands, despite the refusal of Sioux Valley to consent to Canada making that decision, on the basis that the result of Canada acting in accordance with that refusal would cause Canada to breach any then existing legal obligation of Canada to the holder of that Interest, the matter of whether Canada acting in accordance with the refusal of Sioux Valley would have caused such a breach may be reviewed in the dispute resolution process to be provided for in a Final Agreement.

51.03 Creation of new Interests

1. Following a Final Agreement coming into effect but prior to an Initial Sioux Valley Land Law coming into force, and subject to the negotiations regarding matters relating to the acquisition of Sioux Valley Lands without consent referred to in Section 53.01, Canada may, with the consent of Sioux Valley, subject to the rights of the holders of any prior existing Interest in Sioux Valley Lands, create new Interests in Sioux Valley Lands in accordance with the Indian Act.
2. Following the coming into effect of an Initial Sioux Valley Land Law, Sioux Valley may create new Interests in Sioux Valley Lands:
   1. subject to Paragraph 51.04(b), of a nature and on such terms and conditions as Sioux Valley determines appropriate; and
   2. in accordance with such processes and other requirements as may be provided in the Sioux Valley Constitution or other Sioux Valley Law, including the Initial Sioux Valley Land Law.

51.04 Priorities as between Interests

An Initial Sioux Valley Land Law will provide for a manner of determining priorities as between two or more Interests in the same Sioux Valley Lands, provided that:

1. priorities between Interests in Sioux Valley Lands created prior to Sioux Valley enacting that Initial Sioux Valley Land Law will be resolved in accordance with the laws governing priorities in effect immediately before that Initial Sioux Valley Land Law came into force; and
2. an Interest in Sioux Valley Lands created prior to Sioux Valley enacting that Initial Sioux Valley Land Law will have priority over an Interest in Sioux Valley Lands created after that Initial Sioux Valley Land Law was enacted unless the holder of the prior Interest otherwise agrees.

51.05 Expropriation of Interests

1. Subject to Subsection (2), where a Sioux Valley Law makes provision for the taking of an Interest in Sioux Valley Lands without the consent of the holder thereof, that Sioux Valley Law will provide for the payment of compensation by Sioux Valley to the holder of that Interest in the amount based on:
   1. the market value of the Interest being taken;
   2. the damages attributable to disturbance by Sioux Valley to the holder of that Interest;
   3. damages for any reduction in the value of the remaining Interest to the holder of that Interest; and
   4. the value of the loss of any special economic advantage arising out of or incidental to the occupation or use of the Sioux Valley Lands by the holder of that Interest to the extent that this value is not otherwise compensated in accordance with Paragraphs (a) to (c) inclusive.
2. Sioux Valley may not expropriate any Interest in Sioux Valley Lands held by Canada, Manitoba, any utility, including any electric, telephone, oil or natural gas utility, or any railway, whether that Interest has itself been acquired by expropriation from Sioux Valley or otherwise.

51.06 Sioux Valley Lands registry

1. Until:
   1. Sioux Valley exercises Jurisdiction in accordance with Paragraph 48.01(1)(i) to establish a land registry; or
   2. agreement is reached between the Parties on an alternative registry system to the land registries maintained by Canada in accordance with the Indian Act,
   Interests in Sioux Valley Lands will be registered in a sub-registry of the land registries maintained by Canada in accordance with the Indian Act.
2. The sub-registry maintained by Canada, or any other registry in which Interests in Sioux Valley Lands are recorded, in accordance with Subsection (1) will accommodate the registration of Interests in Sioux Valley Lands, whether or not those Interests are of a nature contemplated by the Indian Act, provided those Interests are created in accordance with a Sioux Valley Law.

52.01 Access where reasonably necessary

Agents, servants, employees, contractors of Canada or Manitoba or other persons acting in accordance with any federal or provincial laws will have access to Sioux Valley Lands where that access is reasonably necessary for the purpose of those persons carrying out a lawful function, provided that:

1. Canada or Manitoba will give notice to Sioux Valley of the need for and purpose of that access, where reasonable to do so in the circumstances;
2. those persons will comply with Sioux Valley Laws, where compliance with Sioux Valley Laws does not unduly interfere with those persons carrying out their lawful functions; and
3. without limiting Paragraph (b), the payment of any fees or compensation for or in respect of the access to Sioux Valley Lands by those persons will be determined in accordance with the applicable federal or provincial law.

53.01 Negotiations to be undertaken

Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties and Manitoba will negotiate with respect to, and attempt to reach agreement on, matters relating to the acquisition of Sioux Valley Lands without the consent of Sioux Valley.

54.01 Matter to be reviewed

Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, the Parties will discuss issues relating to the adequacy of Sioux Valley Lands.

55.01 General acknowledgements by the Parties and Manitoba

The Parties and Manitoba acknowledge that:

1. a large proportion of Sioux Valley Citizens are Non-Resident Citizens;
2. a Final Agreement generally will provide that the Jurisdiction of Sioux Valley will be exercised by Sioux Valley on Sioux Valley Lands;
3. notwithstanding Paragraph (b), issues arise in relation to the future impacts of the exercise of Jurisdiction or Authority by Sioux Valley in relation to Non-Resident Citizens;
4. issues of the nature referred to in Paragraph (c) may include consideration of subject areas set out in Part IV in respect of which it may be appropriate for Sioux Valley to exercise Authority, including delivering programs and services, beyond the boundaries of Sioux Valley Lands, but within the Province of Manitoba, for the benefit of Non-Resident Citizens;
5. there are practical limits on the ability of Sioux Valley to exercise Authority, including delivering programs and services, beyond the boundaries of Sioux Valley Lands, to Non-Resident Citizens;
6. where appropriate, the negotiations referred to in Subsection 56.01(1) should clarify the roles and responsibilities of Sioux Valley, Canada and Manitoba; and
7. Non-Resident Citizens should be assured as much involvement as is practically possible in the decisions of Sioux Valley Dakota Oyate Government which directly and significantly affect them.

55.02 Position of Sioux Valley

It is the position of Sioux Valley that the resolution of the issues referred to in Section 55.01 will be of importance to the future responsibilities, functioning and viability of Sioux Valley Dakota Oyate Government.

55.03 Implications for negotiations generally

The Parties acknowledge that, given the requirement for the involvement of Non- Resident Citizens in the negotiations referred to in Subsection 56.01(1), the Parties will explore and consider the implications of those negotiations, including the implications of Section 56.03, in the establishment of the process for the negotiation of a Final Agreement.

56.01 Negotiations to be undertaken

1. Prior to the form and content of a Final Agreement and a Tripartite Final Agreement being concluded by the negotiators for the Parties and Manitoba, but subject to the review and discussions referred to in Section 56.02, the Parties and Manitoba will negotiate with respect to, and attempt to reach agreement on, matters relating to Non-Resident Citizens, including:
   1. issues arising in relation to the future impacts of the exercise of Jurisdiction or Authority by Sioux Valley in relation to Non-Resident Citizens;
   2. issues relating to subject areas set out in Part IV where it might be appropriate for Sioux Valley to exercise Authority, including delivering programs and services, beyond the boundaries of Sioux Valley Lands, but within the boundaries of the Province of Manitoba, for the benefit of Non Resident Citizens;
   3. issues relating to the carrying out of governmental responsibilities on behalf of Sioux Valley by another government or, where appropriate, a body or institution, as contemplated in Part III, that may impact upon Non- Resident Citizens beyond the boundaries of Sioux Valley Lands, but within the boundaries of the Province of Manitoba;
   4. the provision of federal, provincial and Sioux Valley programs and services to Non-Resident Citizens in the Province of Manitoba;
   5. the involvement of Non-Resident Citizens in the decisions of Sioux Valley Dakota Oyate Government which directly and significantly affect them;
   6. the manner in which any possible fiscal implications of the outcomes of the negotiations will be dealt with; and
   7. such other matters concerning Non-Resident Citizens as the Parties and Manitoba may agree.
2. Without limiting Subsection (1), the Parties and Manitoba will, in the negotiations referred to in that Subsection, explore and consider the extent to which matters relating to Non-Resident Citizens may, or should be, addressed, in:
   1. the Sioux Valley Constitution;
   2. a Final Agreement;
   3. a Tripartite Final Agreement; or
   4. protocols among Sioux Valley, Canada and Manitoba, or between Sioux Valley and Canada or Manitoba.

56.02 Matters to be immediately addressed

The Parties and Manitoba acknowledge that:

1. the matters set out in Paragraphs 56.01(1)(a) to (f) inclusive in respect of which the Parties and Manitoba will negotiate may be further reviewed and amended by agreement of the Parties and Manitoba, at the outset of the negotiations referred to in Subsection 56.01(1); and
2. the process and methodology to govern the negotiations referred to in Subsection 56.01(1), including the involvement of Non-Resident Citizens, will be determined by the Parties and Manitoba, at the outset of those negotiations.

56.03 Non-Resident Citizens to be involved

1. Non-Resident Citizens will be involved in the negotiations referred to in Subsection 56.01(1) in an appropriate manner.
2. The appropriate manner for the involvement of Non-Resident Citizens in the negotiations referred to in Subsection 56.01(1) will be determined by the Parties and Manitoba at the outset of those negotiations.

57.01 Continued access to programs and services

Subsequent to the negotiations referred to in Subsection 56.01(1), Non-Resident Citizens in the Province of Manitoba should continue to have access to and be provided with programs and services that are the same as or reasonably comparable to those programs and services provided to other residents of the Province of Manitoba.

57.02 Rights not affected

In the negotiations referred to in Subsection 56.01(1), the rights of Non-Resident Citizens will not be prejudiced.

58.01 Negotiations without prejudice

1. Each of the Parties and Manitoba may have different legal views on the matters to be discussed in the negotiations referred to in Subsection 56.01(1) with respect to Non-Resident Citizens.
2. Each of the Parties and Manitoba will participate in the negotiations referred to in Subsection 56.01(1) in accordance with their respective policies in place from time to time.
3. An agreement resulting from the negotiations referred to in Subsection 56.01(1) will be without prejudice to the legal views of Sioux Valley, Canada or Manitoba.

59.01 Negotiations without prejudice

1. Nothing in Subsection 56.01(1) limits the Parties, in those discussions, from discussing matters relating to the Non-Resident Citizens who are beyond the boundaries of the Province of Manitoba.
2. In the event the Parties proceed in accordance with Subsection (1), nothing obliges Manitoba to participate in those discussions.
3. The negotiations referred to in Subsection 56.01(1) will be without prejudice to the ability of Sioux Valley to negotiate matters relating to Non-Resident Citizens with other provinces or territories in Canada.
4. Nothing obligates Canada or Manitoba to participate in any negotiations referred to in Subsection (3).

61.01 Purpose to provide basis for negotiation of ongoing government-to-government fiscal relationship

The purpose of this Part is to provide a basis for:

1. the establishment of an ongoing government-to-government fiscal relationship between the Parties as part of a Final Agreement; and
2. as part of the ongoing government-to-government fiscal relationship referred to in Paragraph (a), the negotiation of financial arrangements between the Parties, including the Sioux Valley Financial Arrangements Agreement.

61.02 Respect for special relationship

The ongoing government-to-government fiscal relationship between the Parties will be part of a Final Agreement, which Final Agreement will be negotiated within the context of and will respect and build upon the special relationship between the Parties.

62.01 Shared objectives to guide negotiations

The shared objectives of the Parties to guide the negotiation of a Final Agreement and the Sioux Valley-FAA that will come into effect on the date a Final Agreement comes into effect, as appropriate, are:

1. to manage the ongoing government-to-government fiscal relationship between the Parties, based on mutual respect and cooperation, by various means including:
   1. the establishment of financial arrangements between the Parties through negotiation and agreement; and
   2. mechanisms and approaches to assure effective shared decision-making between the Parties with respect to that relationship;
2. to facilitate, over time, Sioux Valley moving towards increased economic and financial self-sufficiency and the lessening of the dependency of Sioux Valley Dakota Oyate Government on funding provided by other governments;
3. to establish financial arrangements between the Parties that take into account the exercise of Jurisdiction by Sioux Valley over time;
4. to facilitate access to, or provision of, programs and services, including community infrastructure, by and for Sioux Valley Citizens who are Ordinarily Resident on Sioux Valley Lands, that are reasonably comparable to those programs and services generally provided in non-aboriginal communities of a similar size in the Province of Manitoba, within an appropriate regional context;
5. to reflect the primary financial accountability of Sioux Valley Dakota Oyate Government to Sioux Valley Citizens and to provide for financial accountability of Sioux Valley Dakota Oyate Government to Canada for the expenditure of public funds;
6. to establish financial arrangements between the Parties which will:
   1. provide reasonably stable, predictable and flexible funding to Sioux Valley Dakota Oyate Government;
   2. include adjustment factors to address population and price changes;
   3. include agreed-upon funding for:
      1. structures and the operation of Sioux Valley Dakota Oyate Government and Sioux Valley Public Bodies; and
      2. programs and services;
   4. promote effective and efficient:
      1. structure and operation of Sioux Valley Dakota Oyate Government and Sioux Valley Public Bodies; and
      2. provision of programs and services; and
7. establish a fair, timely and cost-efficient mechanism for resolving disputes arising from the ongoing government-to-government fiscal relationship between the Parties.

63.01 Responsibilities of the Parties

1. The Parties acknowledge the importance of establishing financial arrangements between them in which the roles and responsibilities of the Parties are clear and are respectful of, and appropriate to, the relationships between them.
2. The Parties will undertake negotiations concerning their future roles and responsibilities with respect to the ongoing government-to-government fiscal relationship between them in accordance with Article 65.0.
3. In the negotiation of financial arrangements between the Parties in accordance with a Final Agreement:
   1. the Parties acknowledge that the ongoing government-to-government fiscal relationship between them will form part of a Final Agreement, which Final Agreement will be negotiated within the context of, and will respect and be appropriate to, the special relationship between them; and
   2. Canada acknowledges that:
      1. Canada is the primary source of funding for the operation of Sioux Valley and the provision of Sioux Valley programs and services to Members of Sioux Valley on Sioux Valley Lands under current arrangements; and
      2. upon a Final Agreement coming into effect, Canada will have a continuing responsibility to provide funding to Sioux Valley Dakota Oyate Government in accordance with that Final Agreement.