First Nation of Nacho Nyak Dun Final Agreement Implementation Plan

Interpretation of the NNDFA Plan

1. No provisions of the NNDFA Plan shall be considered an amendment to or modification of or derogation from the provisions of the NNDFA.

2. Where there is any inconsistency or conflict between the provisions of the NNDFA Plan and the provisions of the NNDFA, the provisions of the NNDFA shall prevail to the extent of the conflict or inconsistency.

3. Unless the context otherwise requires, capitalized words and phrases in the NNDFA Plan shall have the meanings assigned in the NNDFA.

4. The NNDFA Plan shall be interpreted so as to promote the implementation of the provisions of the NNDFA and to avoid conflict or inconsistency with the provisions of the NNDFA.

Legal Status of the NNDFA Plan

5. The NNDFA Plan shall be attached to but shall not form part of the NNDFA.

6. The Umbrella Final Agreement Implementation Plan, as signed on the 29th day of May, 1993 by the Parties to the Umbrella Final Agreement, which identifies certain activities to be undertaken and certain payments to be made with respect to the implementation of the Umbrella Final Agreement, is attached hereto as Appendix A.

7. The Umbrella Final Agreement Implementation Plan and the NNDFA Plan shall be read together.

8. The provisions of the NNDFA Plan contained in paragraphs 11 and 12 constitute a contract between the Parties. Pursuant to 28.4.8 of the NNDFA, the Parties expressly intend that the provisions of the remaining portions of the NNDFA Plan and the provisions of the NNDFA Plan contained in Annexes A, B, C, D, E and F do not constitute a contract between the Parties.

9. Subject to paragraph 8, the provisions of the NNDFA Plan represent the agreement of the Parties regarding the manner in which the provisions of the NNDFA will be implemented, and are not intended to create legal obligations.

Contents of the NNDFA Plan

10. The NNDFA Plan consists of the provisions contained herein, and the documents set out below.

10.1 Annex A: "Activity Plans" describing specific activities, projects and measures for implementation of the NNDFA;

10.2 Annex B: Arrangements in respect of the:

Regional Land Use Planning Commission;

Mayo District Renewable Resources Council;

Settlement Land Committee;

10.3 Annex C: An information strategy;

10.4 Annex D: Part 1 - Economic Planning;

Part 2 - Contracting and Employment Opportunities;

10.5 Annex E: Co-ordination of the NNDFA Plan and the NNDFN

Self-Government Implementation Plan; and

10.6 Annex F: Training Priorities.

Implementation Funding

11. Subject to any amendment of the NNDFA Plan by the Parties, Canada shall make financial payments to the NNDFN as follows:

11.1 $291,474 per annum (1992 constant dollars);

11.2 $380,000 in Year 1, $380,000 in Year 2 and $190,000 in Year 3 (all figures in 1992 constant dollars);

11.3 $ 35,715 (1992 constant dollars) for its participation on the Settlement Land Committee;

11.4 The payments referred to in paragraphs 11.1, 11.2 and 11.3 above shall be made in accordance with the provisions of the Financial Transfer Agreement between the NNDFN and Canada, dated the 29th day of May, 1993; and

11.5 The payment of the amounts described in paragraphs 11.1, 11.2 and 11.3 above, or any amended amount required to be paid, represents the fulfillment of Canada's obligation to provide funding to the NNDFN for the period of time identified in the Financial Transfer Agreement.

12. Subject to any amendment of the NNDFA Plan by the Parties, the Yukon shall pay $75,000 (1992 constant dollars) per annum to the Mayo District Renewable Resources Council established pursuant to 16.6.0 of the NNDFA. This payment will be subject to annual adjustments in the manner described in Part 6 of Schedule 1 of the UFA Implementation Plan (Appendix A).

13. Subject to any amendment of the NNDFA Plan by the Parties, the payment by Canada to the Yukon of the amount described in paragraph 12, or any amended amount required to be paid, represents the fulfillment of Canada's obligation to provide funding to the Mayo District Renewable Resources Council for the first ten year period, pursuant to 16.6.7 of the NNDFA.

14. The Yukon, following consultation with the NNDFN, shall establish funding arrangements with the Mayo District Renewable Resources Council. The funding arrangements shall specify the manner and timing of payments and may provide a schedule of payments within any one fiscal year.

15. The Mayo District Renewable Resources Council shall be provided the degree of flexibility within its funding arrangements to allocate, re-allocate and manage funds within its approved budget in a manner similar to that generally accorded to comparable agencies of government.

16. The NNDFN shall provide an amount of up to $35,715 (1992 constant dollars) for its participation on the Settlement Land Committee established pursuant to 15.3.0 of the NNDFA.

17. Notwithstanding the provisions of paragraph 11.3, Government may enter into agreements with the NNDFN to provide funding for any projects, activities and responsibilities to be undertaken by the Settlement Land Committee, in addition to the projects, activities and responsibilities described in the NNDFA.

Notwithstanding the provisions of paragraph 12, Government may enter into agreements with the Mayo District Renewable Resources Council to provide funding for any projects, activities and responsibilities to be undertaken by the Mayo District Renewable Resources Council, in addition to the projects, activities and responsibilities reflected in an annual budget approved by Government pursuant to NNDFA 2.12.2.8.

Implementation Plan Monitoring

18. Within 30 days after the Effective Date of the NNDFA, each of the Parties shall appoint a representative to act on its behalf, who shall use best efforts to resolve any issue which may arise in relation to the implementation of the NNDFA Plan.

Implementation Plan Review

19. Unless the Parties otherwise agree, they shall complete a review of the NNDFA Plan to determine the adequacy of the provisions of the NNDFA Plan and of the implementation funding provided under the NNDFA Plan,

19.1 in the fifth fiscal year following the Effective Date of the NNDFA;

19.2 in the ninth fiscal year following the Effective Date of the NNDFA; and

19.3 thereafter, as the Parties may agree.

20. The Parties shall make best efforts to complete a review pursuant to paragraph 19 by the first day of July in the fiscal year prior to the year in which the recommendations of the review will be implemented.

Amendment

21. The Parties, by agreement, may amend the NNDFA Plan at any time, and any amendment to the NNDFA Plan shall be made in writing by the Parties.

22. The Parties shall consider whether to amend the NNDFA Plan as a result of any recommendation from representatives of the Parties or any recommendations arising from a review conducted pursuant to paragraph 19 of the NNDFA Plan. Financial resources provided pursuant to the amendment of the NNDFA Plan shall be provided in the manner described in the amended NNDFA Plan.

Effective Date of the Plan

23. This Plan shall take effect as of the Effective Date of the NNDFA.

IN WITNESS WHEREOF we, the duly authorized representatives of the Parties, have affixed our signatures hereunder as of this 29th day of May,1993.

On behalf of the First Nation of Nacho Nyak Dun:

_____________________________

Robert Hager
Chief
First Nation of Nacho Nyak Dun

_____________________________

Witness

On behalf of Canada:

_____________________________

The Honourable Tom Siddon
Minister of Indian Affairs and
Northern Development

_____________________________

Witness

On behalf of the Yukon:

_____________________________

John Ostashek
Government Leader of the Yukon

_____________________________

Witness

Project: UFA amendment

Responsible Party:
NNDFN

Participant/Liaison:
Canada, Yukon, CYI

Obligations Addressed:
Except where expressly provided in the Umbrella Final Agreement, the provisions of the Umbrella Final Agreement may only be amended with the consent of the parties to the Umbrella Final Agreement.

Consent to any amendment pursuant to 2.3.1 may only be given on the part of:

• Canada, by the Governor in Council;
• The Yukon, by the Commissioner in Executive Council; and
• Yukon First Nations by the following process,

(a) the council for Yukon Indians shall Consult on all proposed amendments with all Yukon First Nations and shall provide the result of those Consultations to all Yukon First Nations,

(b) an amendment shall only be considered approved by the Yukon First Nations if it is approved by two thirds of the Yukon First Nations which have Yukon First Nation Final Agreements in effect and which represent at least 50 percent of all Yukon Indian People, and

(c) the Council for Yukon Indians shall provide Government with a certified copy of a resolution stating that (a) and (b) have been complied with, and Government shall be entitled to rely on that resolution as conclusive evidence of compliance with (a) and (b)

A Yukon First Nation shall approve an amendment to the provisions of the Umbrella Final Agreement in the same way that it approves amendments to the specific provisions of its Yukon First Nation Final Agreement.

References Clauses:
2.3.1, 2.3.2, 2.3.3, 2.3.5, 2.3.6, 2.8.3;

Cross reference:
16.4.4.1, 24.12.3

Planning Assumptions

1. This Activity Plan describes procedure with respect to the activities of the NNDFN in respect of UFA amendments. The fourth activity indicates that NNDFN requirements should be addressed in any discussions regarding the approach to the amendment process and specific arrangements to be made to deal with a particular amendment proposal. This opportunity should enable the consequences for the NNDFN of an affirmative response to a proposal for amendment to be addressed.
2. It is expected that the NNDFN will participate in the consultation and determination processes undertaken by CYI in respect of UFA amendments, as described in the UFA Implementation Plan, Annex A.
3. The activities and assumptions described above are expected also to apply in respect of amendments pursuant to UFA 16.4..4.1 and 24.12.3, with such modifications as those provisions require.
4. The Parties may wish to seek appropriate amendments to legislation to reflect amendments of the UFA.

Project: Amendment of the First Nation of Nacho Nyak Dun Final Agreement

Responsible Party:
Canada, Yukon, NNDFN

Participant/Liaison:
Gwich'in Tribal Council

Obligations Addressed:
Except where expressly provided in a Yukon First Nation Final Agreement, a specific provision applicable to that Yukon First Nation may only be amended by the parties to that Yukon First Nation Final Agreement.

Consent to any amendment pursuant to 2.3.4 may only be given on the part of:

Canada, by the Governor in Council, except where expressly provided in a Yukon First Nation Final Agreement;

Specific Provision

(a) The Minister of Indian Affairs and Northern Development may consent, on behalf of Canada, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2 or 6.1.8 of this Agreement, to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement and to any amendment to Schedule B - Category 1 Traplines, attached to Chapter 16 - Fish and Wildlife.

(b) The Governor in Council may delegate to the Minister of Indian Affairs and Northern Development the authority to consent, on behalf of Canada, to amend other specific provisions of this Agreement.

the Yukon, by the Commissioner in Executive Council, except where expressly provided in a Yukon First Nation Final Agreement; and

Specific Provision

(a) The Yukon Minister with responsibility for land claims may consent, on behalf of the Yukon, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2 or 6.1.8 of this Agreement, to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement, and to any amendment to Schedule B - Category 1 Traplines, attached to Chapter 16 - Fish and Wildlife.

(b) The Commissioner in Executive Council may delegate to the Yukon Minister with responsibility for land claims the authority to consent on behalf of the Yukon, to amend other specific provisions of this Agreement.

a Yukon First Nation by a process set out in that Yukon First Nation Final Agreement.

Specific Provision

(a) Consent to any amendment pursuant to 2.3.4 may only be given on the part of the First Nation of Nacho Nyak Dun by a recommendation of the First Nation Council of Nacho Nyak Dun approved by the Assembly in two meetings held at least three months apart.

(b) The First Nation Council of Nacho Nyak Dun shall provide Government with a certified copy of a recommendation approved pursuant to 2.3.5.3 (a), and Government shall be entitled to rely on that approved recommendation as conclusive evidence of compliance with 2.3.5.3 (a).

(c) The parties to this Agreement shall Consult the Gwich'in Tribal Council with respect to any amendment to this Agreement which may affect any rights, obligations or liabilities of the Tetlit Gwich'in set out in the Gwich'in Transboundary Agreement.

Amendments to a Yukon First Nation Final Agreement shall be published in the Canada Gazette, the Yukon Gazette and the Yukon First Nation registry of laws established pursuant to that Yukon First Nation's self-government agreement.

References Clauses:
2.3.4, 2.3.5, 2.3.6

Project: First Nation of Nacho Nyak Dun legal entities

Responsible Party:
First Nation of Nacho Nyak Dun

Participant/Liaison:

Obligations Addressed:
Yukon First Nation Final Agreements may provide for that Yukon First Nation to alter from time to time which of its legal entities shall hold rights, liabilities or obligations pursuant to 2.11.4.

Specific Provision

Except in respect of 2.5.0, 2.10.1, 4.4.0, 5.9.0 and 5.10.0, the First Nation of Nacho Nyak Dun may cause any of its rights, obligations and liabilities set out in this Agreement to be held, on its behalf, by any legal entity wholly controlled by the First Nation of Nacho Nyak Dun, provided any transfer does not adversely affect the exercise of rights, obligations and liabilities set out in this Agreement.

The First Nation of Nacho Nyak Dun, prior to the Effective Date of this Agreement, shall establish and thereafter maintain a public register identifying all rights, obligations and liabilities held on its behalf pursuant to 2.11.7.1.

Government shall not be liable to Nacho Nyak Dun for any damage or loss suffered by Nacho Nyak Dun as a result of the failure of the First Nation of Nacho Nyak Dun or any entity referred to in 2.11.7.1 to comply with an obligation under this Agreement.

References Clauses:
2.11.7

Project: Resolution of overlapping claims

Responsible Party:
First Nation of Nacho Nyak Dun

Participant/Liaison:
Yukon First Nations with Overlapping Area, Yukon and Canada

Obligations Addressed:
The First Nation of Nacho Nyak Dun shall make best efforts to reach agreement with each Overlapping Yukon First Nation on a Contiguous Boundary.

The location of a Contiguous Boundary referred to in 2.1 is subject to approval by the other parties to this Agreement.

References Clauses:
Chapter 2 Schedule B 2.1, 2.2;

Cross reference:
3.3, 3.4, 4.0, 5.1

Project: Resolution of overlapping claims - Panel of Elders

Responsible Party:
First Nation of Nacho Nyak Dun, Panel of Elders

Participant/Liaison:
Yukon First Nations with Overlapping Claims, Canada and Yukon

Obligations Addressed:
At any time at least six months prior to the earliest date when a dispute may be referred to the dispute resolution process pursuant to 3.1, the First Nation of Nacho Nyak Dun may agree with an Overlapping Yukon First Nation to establish a panel of elders to consider and make recommendations to those Yukon First Nations on a Contiguous Boundary.

A panel of elders referred to in 2.3 shall make its recommendations in writing no later than the earliest date when a dispute may be referred to the dispute resolution process pursuant to 3.1. The costs of the panel shall be paid by the Yukon First Nations appointing the panel.

A recommendation of a panel on the location of a Contiguous Boundary which is accepted by the First Nation of Nacho Nyak Dun and the Overlapping Yukon First Nation is subject to approval by the other parties to this Agreement.

Where Canada or the Yukon does not approve the recommendation of a panel under 2.5, it shall give its reasons in writing.

References Clauses:
Chapter 2 Schedule B 2.3, 2.4, 2.5;

Cross reference:
3.3, 4.0, 5.1

Project: Resolution of overlapping claims - Dispute Resolution

Responsible Party:
First Nation of Nacho Nyak Dun, Canada, Yukon, Overlapping YFN

Participant/Liaison:
Person appointed to resolve dispute

Obligations Addressed:
In the absence of an approved agreement on the location of a Contiguous Boundary referred to in 2.2 or 2.5, any party to this Agreement or to an Overlapping Yukon First Nation Final Agreement may, at any time after one year from the Effective Date of this Agreement or the Overlapping Yukon First Nation Final Agreement, whichever occurs later, refer the matter of the location of a Contiguous Boundary to the dispute resolution process under 26.3.0 provided:

that Overlapping Yukon First Nation Final Agreement contains specific provisions substantially the same as this Schedule, or

the First Nation of Nacho Nyak Dun and the Overlapping Yukon First Nation agree to refer the matter to the dispute resolution process under 26.3.0.

A person appointed under 26.7.0 to resolve a dispute under 3.1 shall have the power:

to determine a Contiguous Boundary, in the Overlapping Area, between the Traditional Territories of the Overlapping Yukon First Nation and the First Nation of Nacho Nyak Dun, in addition to the other powers provided in Chapter 26 - Dispute Resolution; and

where a recommendation of a panel under 2.4 has been accepted by the affected Yukon First Nations but not accepted by Government, to direct that the costs of the panel under 2.4 be paid by one or more of the parties to the dispute.

References Clauses:
Chapter 2 Schedule B 3.1, 3.2;

Cross reference: 3.3, 3.4, 4.0, 5.1

Project: Final Agreements with Overlapping Yukon First Nations

Responsible Party:
Government, First Nation of Nacho Nyak Dun

Participant/Liaison:
Overlapping YFNs

Obligations Addressed:
Government shall make best efforts:

to ensure that provisions substantially the same as this schedule are included in the Yukon First Nation Final Agreement of an Overlapping Yukon First Nation, and

to conclude the Yukon First Nation Final Agreement of each Overlapping Yukon First Nation within 10 years of the Effective Date of this Agreement.

Government shall not agree in an Overlapping Yukon First Nation's Final Agreement to provisions which resolve conflicts or inconsistencies between that Yukon First Nation Final Agreement and this Agreement in any manner other than as set out in this schedule, without the consent of the First Nation of Nacho Nyak Dun.

References Clauses:
Chapter 2 Schedule B 5.2, 5.3

Project: Traplines in Overlapping Area

Responsible Party:
First Nation of Nacho Nyak Dun

Participant/Liaison:
Overlapping Yukon First Nation

Obligations Addressed:
A trapline which is situated more than 50 percent in an Overlapping Area and which might otherwise be designated as a Category 1 Trapline in accordance with 16.11 shall not be so designated until:

• more than 50 percent of that trapline is situated in the Traditional Territory of the First Nation of Nacho Nyak Dun, or
• the First Nation of Nacho Nyak Dun and the Overlapping Yukon First Nation agree.

References Clauses:
Chapter 2 Schedule B 6.1;

Cross reference: 16.11

Project: Consultation on specified matters in Overlapping Area

Responsible Party:
Government

Participant/Liaison:
First Nation of Nacho Nyak Dun

Obligations Addressed:
Government shall Consult with the First Nation of Nacho Nyak Dun respecting any matter in an Overlapping Area which may affect the rights of Nacho Nyak Dun or the First Nation of Nacho Nyak Dun set out in this Agreement but which, pursuant to 4.1.1 to 4.1.5, do not apply in an Overlapping Area.

References Clauses: Chapter 2 Schedule B 7.1;

Cross reference: 4.1.1 - 4.1.5

Project: NNDFN enrollment responsibilities - after the dissolution of an Enrollment Committee

Responsible Party:
NNDFN

Participant/Liaison:
Yukon Enrollment Commission, Dispute Resolution Panel, Government

Obligations Addressed:
Upon dissolution of an Enrollment Committee the Yukon First Nation shall have the powers and responsibilities to:

• maintain, update and amend the official enrollment list for that Yukon First Nation after the initial official enrollment list has been published by the enrollment Commission;
• deliver to the Government of the Yukon the official enrollment list on each anniversary of the dissolution of the Enrollment Committee;
• decide promptly upon all applications received, and advise all Persons in writing of the Enrollment Commission or the Dispute Resolution Panel's disposition of their application;
• supply application forms to any Person wishing to apply for enrollment;
• establish its own procedures;
• publish its own procedures; and
• publicize and provide information in respect of the enrollment process to members of the Yukon First Nation.

References Clauses:
3.9.3;

Cross reference: 3.12.1

Project: Continuation of enrollment

Responsible Party:
NNDFN

Participant/Liaison:
Enrollment Commission, Dispute Resolution Board, Government

Obligations Addressed:
After the dissolution of an Enrollment Committee, a Person seeking enrollment as a Yukon Indian Person, and a Person making application pursuant to 3.3.2 or 3.3.3 shall apply to the appropriate Yukon First Nation which shall determine, according to this chapter, whether such Person or the Person on whose behalf the application is being made, is entitled to be enrolled under its Yukon First Nation Final Agreement.

If the Yukon First Nation rejects the application or fails or refuses to make a decision within 120 days, then an appeal shall lie to either:

• the Enrollment Commission, if it has not been dissolved pursuant to 3.10.4; or
• a single arbitrator appointed by the chairperson of the Dispute Resolution Board.

Upon a decision to enroll a Person under 3.10.1, the Yukon First Nation shall provide written notice to Government. Such enrollment shall not come into effect until 30 days following Government's receipt of such notice or, in the event of a dispute, until a determination has been made pursuant to 3.11.0.

References Clauses:
3.10.1, 3.10.2, 3.10.3;

Cross reference: 3.11.3

Project: Cancel reservation or notation to Lands Set Aside

Responsible Party:
Canada

Participant/Liaison:
NNDFN

Obligations Addressed:
The reservation or notation with respect to all Land Set Aside selected pursuant to 4.2.2 shall be cancelled by the Department of Indian Affairs and Northern Development.

Subject to 4.2.2, reservations or notations with respect to Land Set Aside which is not selected by a Yukon First Nation shall be cancelled by the Department of Indian Affairs and Northern Development whether or not the Land Set Aside was identified under 4.2.1

References Clauses:
4.2.3, 4.2.4

Project: Registration of fee simple title in Mines and Minerals in and under Category A Settlement Lands

Responsible Party:
Land Titles Office or any successor

Participant/Liaison:
NNDFN, Mining Recorder

Obligations Addressed:
Each Yukon First Nation shall register in the Land Titles Office as soon as practicable its title to Fee Simple Settlement Land and its fee simple title in the Mines and Minerals in and under Category A Settlement Land.

No fee or charge shall be payable in respect of the initial registration by a Yukon First Nation of its title to Fee Simple Settlement Land and its fee simple title in the Mines and Minerals in and under Category A Settlement Land.

References Clauses:
5.2.3, 5.2.4;

Cross reference:
Chapter 15 (Surveys)

Planning Assumption

1. Survey of Category A Settlement Land, as necessary to register the Mineral interest, will be required in order to register the fee simple title to the Mines and Minerals in and under Category A Settlement Land.

Project: Registration of title to Fee Simple Settlement Land

Responsible Party:
Land Titles Office or any successor

Participant/Liaison:
NNDFN

Obligations Addressed:
Each Yukon First Nation shall register in the Land Titles Office as soon as practicable its title to Fee Simple Settlement Land and its fee simple title in the Mines and Minerals in and under Catagory A Settlement Land.

No fee or charge shall be payable in respect of the initial registration by a Yukon First Nation of its title to Fee Simple Settlement Land and its fee simple title in the Mines and Minerals in and under Category A Settlement Land.

References Clauses:
5.2.3, 5.2.4;

Cross reference:
Chapter 15 (Surveys)

Planning Assumptions

1. In majority of cases, the Land Titles Office already holds adequate surveys for Settlement Land parcels that exist in fee simple. It will be the responsibility of NNDFN to provide the LTO with any other information it requires to complete that title transfer.
2. In some cases fee simple title may have been originally registered in the LTO using only Metes and Bounds descriptions. This is no longer accepted as an adequate description with which to register a parcel of land in fee simple title. These parcels will be surveyed in accordance with Chapter 15.

Project: Define boundaries of Settlement Land; deposit plans of survey in Land Titles Office and in NNDFN lands system(s)

Responsible Party:
Canada

Participant/Liaison:
NNDFN, Land Titles Office or any successor

Obligations Addressed:
The boundaries of the Settlement Land of a Yukon First Nation shall be defined pursuant to Chapter 15 - Definition of Boundaries and Measurement of Areas of Settlement Land.

Plans of survey confirmed in accordance with Chapter 15 - Definition of Boundries and Measurement of Areas of Settlement Land shall be deposited in the Land Titles Office and any system established under 5.5.1.4 applicable to the Settlement Land dealt with in the survey.

References Clauses:
5.3.2, 5.3.3

Planning Assumption

1. The LTO will develop a system for receiving plans of survey deposited pursuant to this clause.

Project: Management and administration of Settlement Land and Resources

Responsible Party:
First Nation of Nacho Nyak Dun

Participant/Liaison:

Obligations Addressed:
Various

References Clauses:
5.5.1, 13.3.1, 13.3.2, 13.9.1, 14.5.1, 14.8.1, 16.5, 17.2.1 18.1.1

Planning Assumptions

1. The primary functional responsibilities of the Land and Resources Management Department are anticipated to be: Planning Policy, Registries, Licences, Monitoring, Inspection, Enforcement, Data Gathering and Analysis and Information Distribution. Expected areas of activity related to these areas are illustrated in Table 1.
2. In addition to the specified functional responsibilities, the following auxiliary activities are expected as illustrated in Table 2.
3. Further activities directly related to management of Heritage Resources and those related to Chapter 22 economic employment opportunities are illustrated in Table 3.

TABLE 2 - Auxiliary Land and Resource Activities

Board Standing

Project: Payment of royalties and non-refunded rents - Category A Settlement Lands

Responsible Party:
Canada

Participant/Liaison:
NNDFN

Obligations Addressed:
Where Category A Settlement Land is subject to an Existing Mineral Right or to a surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder, Government shall account for and pay to the affected Yukon First Nation as soon as practicable from time to time:

any Royalty received by Government for production after the date the land became Settlement Land in respect of that Existing Mineral Right; and

any non-refunded rents received by Government which were payable after the date the land became Settlement Land in respect of that Existing Mineral Right and of any surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder.

References Clauses:
5.6.3, 5.6.3.1, 5.6.3.2;

Cross reference:
5.6.5

Planning Assumption

1. For the purposes of this provision, "the date the affected land became Settlement Land" will be the effective date.

Project: Payment of non-refunded rents -- Category B and Fee Simple Settlement Lands

Responsible Party:
Canada

Participant/Liaison:
NNDFN

Obligations Addressed:
Where Category B Settlement Land or Fee Simple Settlement Land is subject to a surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder, Government shall account for and pay to the affected Yukon First Nation as soon as practicable from time to time, any non-refunded rents received by Government which were payable after the date the land became Settlement Land in respect of that existing surface lease held by the Mineral Right holder.

References Clauses:
5.6.4;

Cross reference:
5.6.5

Planning Assumption

1. For the purposes of this provision, "the date the affected land became Settlement Land" will be the Effective Date.

Project: Consultation with NNDFN - Encumbering Rights

Responsible Party:
Canada, Yukon

Participant/Liaison:
NNDFN

Obligations Addressed:
Government shall Consult with the affected Yukon First Nation before exercising any discretion to renew or replace an Encumbering Right, to issue a new Encumbering Right, or to set any Royalty, rent or fee described in 5.6.3, 5.6.4 and 5.6.6.

References Clauses:
5.6.9;

Cross reference:
Definition of "Encumbering Right" in 5.6.1 and 5.4.2

Planning Assumption

1. The nature and extent of Consultation will vary according to the issue under consideration.

Project: Amendment of terms of Encumbering Rights

Responsible Party:
Government

Participant/Liaison:
NNDFN

Obligations Addressed:
If Legislation is amended to authorize Government to increase the term permitted for an Encumbering Right, Government shall not increase the term of that Encumbering Right pursuant to that amendment without the prior consent of the affected Yukon First Nation.

References Clauses:
5.6.10;

Cross reference:
5.4.2

Project: Cancellation and replacement of Encumbering Rights

Responsible Party:
NNDFN

Participant/Liaison:
Minister

Obligations Addressed:
Subject to the consent of the Minister, a Yukon First Nation and the holder of an Encumbering Right may agree that the right be cancelled and replaced by an interest provided by the Yukon First Nation.

The Minister may only refuse to consent under 5.6.11 if:

the holder of the Encumbering Right is in default of any obligation to Government or has outstanding unsatisfied liabilities to Government pursuant to the interest;

the Encumbering Right was granted under the Yukon Quartz Mining Act, R.S.C. 1985, c.Y-4 and there is no "Certificate of Improvements" issued thereunder or equivalent certificate issued under any successor Legislation;

the Encumbering Right is a claim granted under the Yukon Placer Mining Act, R.S.C. 1985, c.Y-3 and there is no plan of survey of the claim approved in accordance with that Act or equivalent approval under successor Legislation; or

there is a Person claiming an interest in the Encumbering Right.

References Clauses:
5.6.11, 5.6.12

Project: Discovery of information subject to disclosure

Responsible Party:
Government and/or NNDFN

Participant/Liaison:
Surface Rights Board

Obligations Addressed:
If Government or a Yukon First Nation becomes aware of any information described in 5.7.1 which has not been disclosed prior to that Yukon First Nation ratifying its Yukon First Nation Final Agreement and which is not publicly available in the Land Titles Office, that party shall provide the other with the information, whereupon Government shall declare that:

(a) the department or entity does not have the management, charge or direction of the land,

(b) the reservation is cancelled, or

(c) the Commissioner does not have administration and control of the land,

as the case may be, and, as of the date of the declaration, the Settlement Land shall not be subject to such management, charge or direction, reservation or administration and control and no compensation shall be payable to the Yukon First Nation; or

in the cases of 5.7.1.2 or 5.7.1.3(b), that, with the agreement of the affected Yukon First Nation, the land described in 5.7.1.2 or 5.7.l.3(b) remains Settlement Land subject to the reservation and, as of the date of the declaration, Government shall provide compensation as determined pursuant to 7.5.0 to the Yukon First Nation for any diminution in the value of the Settlement Land resulting from the continuation of the reservation after the date of the declaration, and the Settlement Land shall be subject to the reservation.

References Clauses:
5.7.4;

Cross reference:
7.5.0

Project: Reacquisition of Settlement Land

Responsible Party:
NNDFN

Participant/Liaison:
Land Titles Office or any successor

Obligations Addressed:
Where land which is or was subject to the operation of 5.10.0 is reacquired by a Yukon First Nation in fee simple, whether including or excluding the Mines and Minerals, that Yukon First Nation may declare the land to be Settlement Land and thereafter the land shall be Settlement Land of the following category:

Category A Settlement Land when Mines and Minerals are included and the land had previously been Category A Settlement Land;

Category B Settlement Land when Mines and Minerals other than Specified Substances are not included and the land had previously been Category B Settlement Land; or

Fee Simple Settlement Land when Mines and Minerals other than Specified Substances are not included and the land had previously been Fee Simple or Category A Settlement Land,

except that the cession, release and surrender of any aboriginal claim, right, title or interest in respect of the land shall not be affected.

References Clauses:
5.12.1

Project: Deregistration of Category A and Category B Settlement Land

Responsible Party:
NNDFN

Participant/Liaison:
Land Titles Office or any successor

Obligations Addressed:
A Yukon First Nation may deregister a Parcel of Category A Settlement Land which is registered in the Land Titles Office and is free and clear of any interest in land recognized in Law, other than:

the reservations and exceptions set out in 5.4.2; and

the reservations to the Crown and exceptions which apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S.C. 1985, c.T-7 other than the reservations set out in paragraphs 13(a) and (b) or 15(a) of that Act.

A Yukon First Nation may deregister a Parcel of Category B Settlement Land which is registered in the Land Titles Office and is free and clear of any interest in land recognized in Law other than:

the reservations and exceptions set out in 5.4.2; and

the reservations to the Crown and exceptions which apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S.C. 1985, c.T-7.

References Clauses:
5.13.1, 5.13.2

Project: Consent for access to Waterfront Right-of-Way

Responsible Party:
NNDFN

Participant/Liaison:
Surface Rights Board

Obligations Addressed:
Any person has a right of access to use a Waterfront Rightof- Way for commercial recreation purposes with the consent of the affected Yukon First Nation or failing consent, with an order of the Surface Rights Board setting out the terms and conditions of the access.

References Clauses:
5.15.5;

Cross reference: 5.15.0

Project: Consent for establishment of permanent camp on Waterfront Right-of-Way

Responsible Party:
NNDFN, Government

Participant/Liaison:

Obligations Addressed:
Subject to 5.15.8, no Person shall establish any permanent camp or structure on a Waterfront Right-of-Way without the consent of Government and the affected Yukon First Nation.

References Clauses:
5.15.7;

Cross reference:
5.15.0

Project: Agreement to amend, revoke or reinstate a right of access provided by a Settlement Agreement

Responsible Party:
NNDFN, Yukon, Canada

Participant/Liaison:

Obligations Addressed:
Government and a Yukon First Nation may agree in a Yukon First Nation Final Agreement or from time to time after the Effective Date of a Yukon First Nation Final Agreement to amend, revoke or reinstate a right of access provided by a Settlement Agreement to address special circumstances in respect of a specific Parcel of Settlement Land.

References Clauses:
6.1.2;

Cross reference:
6.1.8, 2.3.4, 2.3.5, 2.3.6

Project: Right of access for outfitting concession holders

Responsible Party:
NNDFN

Participant/Liaison:

Obligations Addressed:
If the Effective Date of this Agreement is within one year of the Order in Council withdrawing from disposition the lands selected by the First Nation of Nacho Nyak Dun, an outfitting concession holder shall have a right of access to use Settlement Land for outfitting purposes until the expiry of that one year period, and a right of access, for a reasonable time thereafter, to remove any property of the outfitting concession holder on Settlement Land.

Nothing in 6.1.2.1 shall be construed to prevent the First Nation of Nacho Nyak Dun and an outfitting concession holder from entering into an agreement providing the holder with a right of access different from that set out in 6.1.2.1.

References Clauses:
6.1.2.1, 6.1.2.2

Project: Determining Liability of NNDFN on Undeveloped Settlement Land

Responsible Party:
NNDFN

Participant/Liaison:

Obligations Addressed:
A Yukon First Nation owes the same duty of care to a Person exercising a right of access on Undeveloped Settlement Land pursuant to Settlement Agreements as the Crown owes to a Person on unoccupied Crown Land.

References Clauses:
6.1.3

Project: Reporting damage to Settlement Land as a result of an emergency

Responsible Party:
NNDFN

Participant/Liaison:

Obligations Addressed:
Any Person may enter upon Settlement Land in an emergency but when damage is caused, the Person shall report to the affected Yukon First Nation the location thereof as soon as practicable thereafter and shall be liable for significant damage to Settlement Land or to any improvement on Settlement Land as a result of the entry.

References Clauses:
6.1.5;

Cross reference:
6.1.6

Project: Conditions of access

Responsible Party:
NNDFN

Participant/Liaison:

Obligations Addressed:
A right of access provided by 5.15.3, 6.3.1 and 6.3.2 is subject to the conditions that there shall be no:

significant damage to Settlement Land or to improvements on Settlement Land;

mischief committed on Settlement Land;

significant interference with the use and peaceful enjoyment of Settlement Land by the Yukon First Nation;

fee or charge payable to the affected Yukon First Nation; or

compensation for damage other than for significant damage.

References Clauses:
6.1.6;

Cross reference:
6.6.0, 6.1.7, 6.3.7

Project: Designation of Undeveloped Settlement Land to be Developed Settlement Land and Developed Settlement Land to be Undeveloped Settlement Land

Responsible Party:
NNDFN

Participant/Liaison:
Canada, Yukon

Obligations Addressed:
Government and a Yukon First Nation may agree from time to time to designate Undeveloped Settlement Land to be Developed Settlement Land and Developed Settlement Land to be Undeveloped Settlement Land.

References Clauses:
6.1.8;

Cross reference:
2.3.6, 6.1.2, 7.5.2.9; Appendix A 3.2.2

Planning Assumption

1. Maps of Settlement Land may have to be changed to indicate redesignation.

Project: Agreement to designate any new improved route of access on Settlement Land as a highway or public road

Responsible Party:
NNDFN

Participant/Liaison:
Government

Obligations Addressed:
Subject to Chapter 7 - Expropriation, unless the affected Yukon First Nation otherwise agrees, any route of access on Settlement Land which may be established or improved after the Effective Date of the affected Yukon First Nation's Final Agreement shall remain Settlement Land and shall not be designated by operation of law or otherwise, as a highway or public road, notwithstanding that the route is established or improved:

for the benefit of any Person; or

using funds or other resources provided directly or indirectly by Government for the establishment or improvement of such route.

References Clauses:
6.1.9

Project: Right of access to cross Undeveloped Settlement Land

Responsible Party:
NNDFN

Participant/Liaison:

Obligations Addressed:
Where no right of access is provided by a Settlement Agreement, a Person has a right of access to enter, cross and make necessary stops on Undeveloped Settlement Land to reach adjacent land for commercial and non-commercial purposes with the consent of the Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access.

References Clauses:
6.3.3;

Cross reference:
6.3.1, 6.3.2, 6.3.4

Project: Consent to changes in terms or conditions relating to access of a licence, permit or other right of access

Responsible Party:
NNDFN

Participant/Liaison:
Government

Obligations Addressed:
Any change in the terms or conditions relating to access of a licence, permit or other right of access described in 6.3.5, other than a renewal or replacement thereof shall require the consent of the affected Yukon First Nation or, failing consent, an order of the Surface Rights Board setting out the terms and conditions of access.

References Clauses:
6.3.6;

Cross reference:
5.6.0, 6.3.5

Project: Reference to Surface Rights Board

Responsible Party:
NNDFN

Participant/Liaison:

Obligations Addressed:
A Yukon First Nation or any Person may refer a dispute concerning the interpretation, application or alleged violation of 6.3.1, 6.3.2 or of any condition established pursuant to 6.6.0 affecting 6.3.1 or 6.3.2 to the Surface Rights Board for resolution.

References Clauses:
6.3.7;

Cross reference:
6.3.1, 6.3.2

Project: Exercise of right of access by Government for no more than 120 days

Responsible Party:
Government

Participant/Liaison:
NNDFN

Obligations Addressed:
Government, its agents and contractors shall have a right of access to enter, cross and stay on Undeveloped Settlement Land and use natural resources incidental to such access to deliver, manage and maintain Government programs and projects, including but not limited to the necessary alterations of land and watercourses by earthmoving equipment for routine and emergency maintenance of transportation corridors.

The right of access provided in 6.4.1 and 6.4.2 may be exercised:

for a period of no more than 120 consecutive days for any single program or project without the consent of the affected Yukon First Nation except that notice, where reasonable, shall be given; and

References Clauses:
6.4.1, 6.4.5.1;

Cross reference:
6.4.3, 6.4.4, 6.6.0

Planning Assumption

1. The Parties agree that Government and NNDFN may establish terms and conditions for the exercise of a right of access pursuant to 6.6.0.

Project: Exercise of right of access by Government or Person authorized by Law for more than 120 consecutive days

Responsible Party:
Government

Participant/Liaison:
NNDFN

Obligations Addressed:
Government, its agents and contractors shall have a right of access to enter, cross and stay on Undeveloped Settlement Land and use natural resources incidental to such access to deliver, manage and maintain Government programs and projects, including but not limited to the necessary alterations of land and watercourses by earthmoving equipment for routine and emergency maintenance of transportation corridors.

The right of access provided in 6.4.1 and 6.4.2 may be exercised:

for a period of more than 120 consecutive days with the consent of the affected Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access.

References Clauses:
6.4.1, 6.4.5.2;

Cross reference:
6.4.6

Project: Exercise of right of access by Person authorized by Law for no more than 120 days

Responsible Party:
Person authorized by Law

Participant/Liaison:
NNDFN

Obligations Addressed:
A Person authorized by Law to provide utilities for public purposes including electricity, telecommunications and municipal services shall have a right of access to enter, cross and stay on Undeveloped Settlement Land to carry out site investigations, assessments, surveys and studies in relation to proposed services after Consultation with the affected Yukon First Nation prior to exercising such access.

The right of access provided in 6.4.1 and 6.4.2 may be exercised:

for a period of no more than 120 consecutive days for any single program or project without the consent of the affected Yukon First Nation except that notice, where reasonable, shall be given; and

References Clauses:
6.4.2, 6.4.5.1;

Cross reference:
6.4.3, 6.4.4, 6.6.0

Planning Assumption

1. It is expected that Consultation, wherever possible, will be done within a reasonable period of time prior to access.

Project: Exercise of right of access by Government or Person authorized by Law for more than 120 consecutive days

Responsible Party:
Person authorized by Law

Participant/Liaison:
NNDFN

Obligations Addressed:
A Person authorized by Law to provide utilities for public purposes including electricity, telecommunications and municipal services shall have a right of access to enter, cross and stay on Undeveloped Settlement Land to carry out site investigations, assessments, surveys and studies in relation to proposed services after Consultation with the affected Yukon First Nation prior to exercising such access.

The right of access provided in 6.4.1 and 6.4.2 may be exercised:

for a period of more than 120 consecutive days with the consent of the affected Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access.

References Clauses:
6.4.2, 6.4.5.2;

Cross reference:
6.4.6

Project: Liability for damage to Settlement Land

Responsible Party:
NNDFN

Participant/Liaison:

Obligations Addressed:
Any Person exercising a right of access pursuant to 6.4.1 and 6.4.2 shall be liable only for significant damage to Settlement Land and any improvements on Settlement Land caused by the exercise of such right of access. Significant damage does not include necessary alteration of Settlement Land or watercourses required to maintain transportation corridors referred to in 6.4.1.

References Clauses:
6.4.4;

Cross reference:
6.4.2, 6.4.1

Project: Department of National Defence right of access

Responsible Party:
Canada, NND

Participant/Liaison:

Obligations Addressed:
In addition to the right of access provided by 6.4.1, the Department of National Defence has a right of access to Undeveloped Settlement Land for military manoeuvres with the consent of the affected Yukon First Nation with respect to contact persons, areas, timing, environmental protection, protection of Wildlife and habitat, land use rent, and compensation for damage caused to Settlement Land and improvements and personal property thereon, or, failing consent, with an order of the Surface Rights Board as to terms and conditions with respect to such matters.

Government shall give reasonable advance notice of military exercises or operations to inhabitants of any area to be affected.

References Clauses:
6.5.1 and 6.5.3;

Cross reference: 6.5.2

Project: Establishment of terms and conditions of access by NNDFN

Responsible Party:
NNDFN

Participant/Liaison:
Yukon, Canada

Obligations Addressed:
If a Yukon First Nation wishes to establish terms and conditions for the exercise of a right of access provided:

by 5.15.3, 6.3.1, 6.3.2, 16.11.12, 18.3.1, 18.4.1 or 18.4.2; or

by 6.4.1 or 6.4.2 where the right of access is for a period of no more than 120 consecutive days,

the Yukon First Nation and Government shall attempt to negotiate the terms and conditions.

Failing agreement pursuant to 6.6.1, the Yukon First Nation may refer the matter to the Surface Rights Board. The Surface Rights Board may establish terms and conditions only for the exercise of a right of access which specify seasons, times, locations, method or manner of access.

References Clauses:
6.6.1, 6.6.2;

Cross reference:
5.5.1, 6.1.3

Project: Expropriation - Location and extent

Responsible Party:
Expropriating Authority

Participant/Liaison:
NNDFN, Government, SRB or NEB

Obligations Addressed:
This chapter applies only to the expropriation of an interest in Settlement Land recognized in Law and held by NND First Nation.

An Authority shall negotiate with the Affected Yukon First Nation the location and extent of Settlement Land to be acquired or expropriated.

When agreement of the Affected Yukon First Nation pursuant to 7.4.1 is not obtained, the following procedures shall apply:

• any expropriation of Settlement Land shall require the approval of the Governor in Council or the Commissioner in Executive Council as the case may be;
• notice of the intention of any Authority to seek approval under 7.4.3.1 shall be given to the Affected Yukon First Nation by the Authority; and
• notice of the intention shall not be given until the public hearing process under 7.6.0 or the public hearing in accordance with Legislation has been completed.

Where Settlement Land is expropriated pursuant to the National Energy Board Act, R.S.C. 1985, c.N-7, this chapter applies except that the powers of the Surface Rights Board shall be exercised by the board, committee, panel or other body authorized by the National Energy Board Act, R.S.C. 1985, c.N-7 to settle disputes in respect of expropriation.

The board, committee, panel or other body referred to under 7.7.1 shall include at least one nominee of the Affected Yukon First Nation.

References Clauses:
7.3.1, 7.4.1, 7.4.3, 7.7.1, 7.7.2;

Cross reference:
7.6.0

Planning Assumptions

1. For the purposes of this Activity Plan, the "holder of a hearing" will be the body named in the expropriating statute as having the responsibility to hold public hearings respecting expropriations pursuant to the Laws of General Application. If no such body is named, or if no hearing is deemed to be required pursuant to the expropriating statute, the Surface Rights Board shall appoint a hearing panel to conduct the public hearing.
2. The process for determining and awarding compensation in respect of an expropriation is outlined in 7.5.1 to 7.5.2.10. Discussions respecting compensation may occur concurrently with the negotiations on the extent and location.

Project: Expropriation - Compensation

Responsible Party:
Expropriating Authority

Participant/Liaison:
NNDFN, Surface Rights Board or National Energy Board

Obligations Addressed:
An Authority shall negotiate with the Affected Yukon First Nation compensation for Settlement Land being expropriated or acquired, pursuant to this chapter.

When the agreement of the Affected Yukon First Nation pursuant to 7.5.1 is not obtained, the ... provisions [of 7.5.2 shall apply...

References Clauses:
7.5.1, 7.5.2;

Cross reference: 7.7.1, 7.7.2

Planning Assumption

1. Negotiations on the issue of compensation may occur concurrently with discussions on extent and location of the land proposed to be expropriated.

Project: Inclusion of NNDFN nominee(s) on board, committee or other panel authorized by the National Energy Board Act

Responsible Party:
National Energy Board

Participant/Liaison:
NNDFN

Obligations Addressed:
Where Settlement Land is expropriated pursuant to the National Energy Board Act, R.S.C. 1985,c.N-7, this chapter applies except that the powers of the Surface Rights Board shall be exercised by the board, committee, panel or other body authorized by the National Energy Board Act, R.S.C. 1985, c.N-7 to settle disputes in respect of expropriation.

The board, committee, panel or other body referred to under 7.7.1 shall include at least one nominee of the Affected Yukon First Nation.

References Clauses:
7.7.1, 7.7.2

Planning Assumption

1. It is possible that an expropriation pursuant to the National Energy Board Act could affect more than one Yukon First Nation. In that circumstance, the National Energy Board shall nominate at least one nominee from each affected Yukon First Nation.

Project: Compensation payable in relation to the exercise of a Flooding Right identified in a NNDFA

Responsible Party:
Authority exercising Flooding Right

Participant/Liaison:
NNDFN

Obligations Addressed:
An Authority exercising a Flooding Right over Settlement Land identified pursuant to 7.8.1 and 7.8.2 shall pay compensation to the Affected Yukon First Nation for improvements only, provided the sum of such compensation to all Affected Yukon First Nations for that hydro-electric or water storage project shall not exceed three percent of the Cost of Construction of the project.

References Clauses:
7.8.3;

Cross reference: 5.16.4, 7.5.2

Project: Compensation payable in relation to the exercise of a Flooding Right not identified in NNDFA

Responsible Party:
Authority exercising a Flooding Right

Participant/Liaison:
NNDFN, Surface Rights Board

Obligations Addressed:
An Authority exercising a Flooding Right over Settlement Land, other than for those sites identified pursuant to 7.8.1 and 7.8.2, shall pay compensation pursuant to this chapter except that in assessing compensation for Land and improvements, the Surface Rights Board shall not consider 8.4.1.8 or 7.5.2.7(c) and the sum of such compensation to all Affected Yukon First Nations for all improvements shall not exceed three percent of the Cost of Construction of that hydro-electric or water storage project.

References Clauses:
7.8.4

Responsible Party:
Government, affected Yukon First Nation

Participant/Liaison:
All affected Yukon First Nations

Obligations Addressed:
The land allocation determined under 9.3.2 for Yukon First Nations which do not have a Yukon First Nation Final Agreement may be varied by agreement in writing of all affected Yukon First Nations and Government.

References Clauses:
9.3.4;

Cross reference:
9.3.2

Planning Assumption

1. If the first activity arises, it will be in the context of outstanding YFNFA negotiations; once all YFNFAs have been completed, this clause will have no further effect.

Project: Land exchange

Responsible Party:
Canada, Yukon, NNDFN

Participant/Liaison:

Obligations Addressed:
A Yukon First Nation and Government may agree to exchange Crown Land for Settlement Land and may agree that Crown Land exchanged for Settlement Land will be Settlement Land provided that any such agreement shall not affect the cession, release and surrender of any aboriginal claim, right, title or interest in respect of that Crown Land.

References Clauses:
9.6.1

Planning Assumptions

1. The activities may occur in relation to any category of Settlement Land.
2. The responsibility for any costs related to survey and/or title registration will be addressed
   during the negotiation of the exchange.

Project: Establishment of a Special Management Area other than those provided for in NNDFA

Responsible Party:
Yukon, Canada

Participant/Liaison:
Mayo District Renewable Resources Council, NNDFN, Yukon Heritage Resources Board

Obligations Addressed:
Except as provided in a Yukon First Nation Final Agreement, where Government proposes to establish a Special Management Area, Government shall refer the proposal to the affected Renewable Resources Council for its review and recommendations.

Government may refer proposals to establish historic territorial parks, national historic sites administered by the Canadian Parks Service or to designate Heritage Sites as Designated Heritage Sites to the Heritage Resources Board established pursuant to 13.5.0 instead of the affected Renewable Resources Council for its review and recommendations.

A Special Management Area may not include Settlement Land without the consent of the affected Yukon First Nation.

References Clauses:
10.3.3, 10.3.4, 10.3.5;

Cross reference:
10.4.1, 10.5.1, 10.5.7, 10.5.8, 10.5.9; 10.6.0; 10.7.0

Project: Proposed Special Management Areas which will adversely affect rights of the NNDFN under a Settlement Agreement

Responsible Party:
Canada, Yukon

Participant/Liaison:
NNDFN

Obligations Addressed:
Where a Special Management Area is proposed to be established which will adversely affect rights of a Yukon First Nation under a Settlement Agreement, Government and the affected Yukon First Nation shall, at the request of either party, negotiate an agreement to:

establish any rights, interests and benefits of the affected Yukon First Nation in the establishment, use, planning, management and administration of the Special Management Area; and

mitigate adverse effects of the establishment of the Special Management Area on the affected Yukon First Nation.

Agreements negotiated pursuant to 10.4.1:

shall address the rights Yukon Indian People have for Harvesting Fish and Wildlife within the Special Management Area;

may address the economic and employment opportunities and benefits for the affected Yukon First Nation;

may address whether, and on what terms, including provisions on management, Settlement Land may be included in the Special Management Area; and

may include such other provisions as Government and the affected Yukon First Nation may agree.

Where Government and the affected Yukon First Nation do not agree on the terms of an agreement pursuant to 10.4.1, the parties may refer the outstanding issues to the dispute resolution process under 26.4.0.

Where mediation under 10.4.3 does not result in agreement, the government may establish the Special Management Area.

Any agreement concluded between Government and the affected Yukon First Nation pursuant to 10.4.1 may be amended according to the terms set out in that agreement.

Any agreement concluded between Government and the affected Yukon First Nation pursuant to 10.4.1 may be appended to and form part of that Yukon First Nation's Final Agreement if Government and the Yukon First Nation agree.

References Clauses:
10.4.1, 10.4.2, 10.4.3, 10.4.4, 10.4.8, 10.4.9

Project: Access to Special Management Area by Yukon Indian Person

Responsible Party:
Canada, Yukon

Participant/Liaison:
NNDFN

Obligations Addressed:
Notwithstanding 6.2.3.2, access by a Yukon Indian Person to a Special Management Area established pursuant to 10.4.4 for Harvesting Fish or Wildlife pursuant to a Settlement Agreement may be limited or prohibited only for reasons of Conservation, public health or public safety.

References Clauses:
10.4.5;

Cross reference: 6.2.3.2, 16.3.3

Project: Negotiate an agreement for Special Management Area where Government has established Special Management Area pursuant to 10.4.4

Responsible Party:
Canada, Yukon or NNDFN

Participant/Liaison:

Obligations Addressed:
Government and the affected Yukon First Nation may, at any time after the establishment of a Special Management Area pursuant to 10.4.4, negotiate an agreement pursuant to 10.4.1 in respect of that Special Management Area, in which case 10.4.5 shall no longer apply to that Special Management Area.

References Clauses:
10.4.6;

Cross reference:
10.4.1, 10.4.4

Project: Preparation of management plan for each Special Management Area established pursuant to the NNDFA

Responsible Party:
Canada or Yukon

Participant/Liaison:
Mayo District Renewable Resources Council, Yukon Heritage Resources Board

Obligations Addressed:
Government shall prepare, or have prepared, a management plan for each Special Management Area established pursuant to a Yukon First Nation Final Agreement after the Effective Date of that Yukon First Nation Final Agreement.

Government shall make best efforts to complete the management plan within five years of the establishment of the Special Management Area.

Government shall review each management plan at least once every 10 years.

The management plan and any proposed amendments thereto shall be referred before approval to the relevant Renewable Resources Council or to the Yukon Heritage Resources Board, as the case may be, for its review and recommendations.

The provisions of 16.8.0 shall apply in respect of the implementation of any recommendations made pursuant to 10.5.5.

References Clauses:
10.5.2, 10.5.3, 10.5.4, 10.5.5, 10.5.6;

Cross reference:
10.4.1, 10.6.1, 16.5.4, 16.8.0

Project: Negotiations to establish McArthur Game Sanctuary as a Special Management Area

Responsible Party:
Selkirk First Nation, Canada, NNDFN, Yukon

Participant/Liaison:

Obligations Addressed:
Government and the First Nation of Nacho Nyak Dun shall enter into negotiations with the Selkirk First Nation, at its request, with a view to concluding an agreement establishing the McArthur Game Sanctuary as a Special Management Area.

The agreement to establish the Special Management Area may vary the boundaries of the Special Management Area from those existing for the McArthur Game Sanctuary.

The agreement to establish the Special Management Area shall be included in this schedule without any further action by the parties to this Agreement.

References Clauses:
Chapter 10 Schedule A 1.0

Project: Establishment of the Horseshoe Slough Habitat Protection Area

Responsible Party:
Yukon, Canada

Participant/Liaison:
NNDFN

Obligations Addressed:
The boundaries of the Horseshoe Slough Habitat Protection Area (the "Area") shall be as set out on map Horseshoe Slough Habitat Protection Area (HSHPA), in Appendix B - Maps, which forms a separate volume to this Agreement.

Canada shall transfer to the Commissioner of the Yukon the administration and control of the land comprising the Area, excluding the mines and minerals and the right to work the mines and minerals, as soon as practicable after the Effective Date of this Agreement.

Subject to 1.2, the Yukon shall establish the Area pursuant to the Wildlife Act, R.S.Y. 1986, c.178.

No lands forming part of the Area shall be removed from habitat protection status under the Wildlife Act, R.S.Y. 1986, c. 178, without the consent of the First Nation of Nacho Nyak Dun.

Subject to 1.5.1, Canada shall withdraw the mines and minerals in the Area from locating, prospecting or mining under the Yukon Quartz Mining Act R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act R.S.C. 1985, c. Y-3 and from exploration and development under the Canada Petroleum Resources Act R.S.C. 1985, c.36 (2nd Supp.) for 18 months from the Effective Date of this Agreement or until the management plan is recommended pursuant to 4.8, whichever comes first.

The withdrawal shall be subject to:

recorded mineral claims and leases under the Yukon Quartz Mining Act R.S.C. 1985, c. Y-4 and recorded placer mining claims and leases to prospect under the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3;

oil and gas rights, interests and privileges under the Canada Petroleum Resources Act R.S.C. 1985, c.36 (2nd Supp.);

rights granted under Section 8 of the Territorial Lands Act, R.S.C. 1985, c. T-6; and

new licences, permits or other rights which may be granted in respect of an interest described in (a), (b), or (c) above.

References Clauses:
Chapter 10 Schedule B 1.1, 1.2, 1.3, 1.4, 1.5

Project: Preparation of the management plan for Horseshoe Slough Habitat Protection Area

Responsible Party:
Yukon, Mayo District Renewable Resources Council,

Participant/Liaison:
Canada, NNDFN

Obligations Addressed:
A steering committee shall be established to prepare a management plan for the Area.

The steering committee shall be comprised of four members, two nominated by Government and two by the Mayo District Renewable Resources Council.

The Minister, within 60 days of the receipt of the management plan, shall accept, vary or set aside the recommendations.

The Minister may extend the time provided in 4.7 by 30 days.

The Minister shall forward his decision under 4.7 to the Mayo District Renewable Resources Council and the First Nation of Nacho Nyak Dun.

The Yukon shall manage the Area in accordance with the Wildlife Act, R.S.Y. 1986, c. 178 and the approved management plan, and Canada shall manage the mines and minerals in the Area in the accordance with the approved management plan.

References Clauses:
Chapter 10 Schedule B 4.1, 4.2, 4.7, 4.8, 5.1;

Cross reference:
Chapter 10 Schedule B 4.3, 4.4, 4.5, 4.6, 4.9

Planning Assumption

1. The workplan discussions during the initial meeting will identify timelines, budgetary and other resources required and each party's participation in the process of developing the plan.

Project: Review of management plan for the Horseshoe Slough Habitat Protection Area

Responsible Party:
Yukon, Mayo District Renewable Resources Council

Participant/Liaison:

Obligations Addressed:
The management plan shall be reviewed jointly by Government and the Mayo District Renewable Resources Council no later than five years after its initial approval and at least every 10 years thereafter.

REFERENCED CLAUSE:
Chapter 10 Schedule B 4.9

Planning Assumptions

1. This cycle of activities will repeat for all subsequent reviews, adjusting timing as required.
2. Discussions in the meeting will identify timelines, budgetary and other resources required and each party's participation in carrying out the review.

Project: Amendments to the Horseshoe Slough Habitat Protection Area

Responsible Party:
Mayo District Renewable Resources Council

PARTICIPANT LIAISON:
Yukon

Obligations Addressed:
The Mayo District Renewable Resources Council may propose amendments to the management plan to the Minister for his approval.

References Clauses:
Chapter 10 Schedule B 4.10

Project: Amendments to the Horseshoe Slough Habitat Protection Area

Responsible Party:
Yukon

Participant/Liaison:
Mayo District Renewable Resource Council

Obligations Addressed:
The Minister shall Consult with the Mayo District Renewable Resources Council prior to amending the management plan.

References Clauses:
Chapter 10 Schedule B 4.11

Project: Establishment of the Peel River Watershed Advisory Committee

Responsible Party:
Peel River Watershed Advisory Committee

Participant/Liaison:
NNDFN, Yukon, Government of the Northwest Territories, Canada, Tetlit Gwich'in

Obligations Addressed:
A Peel River Watershed Advisory Committee ("the Committee") shall be established at the date of the Legislation giving effect to the Gwich'in Final Agreement and shall continue for a period of not more than two years from that date, unless the parties to this Agreement and the Tetlit Gwich'in otherwise agree.

The composition of the Committee shall be as follows:

the Committee shall include at least one nominee of each of the First Nation of Nacho Nyak Dun, the Tetlit Gwich'in, Canada, the Yukon and the Government of the Northwest Territories; and

fifty percent of the members of the Committee shall be nominees of the Tetlit Gwich'in or the First Nation of Nacho Nyak Dun, and 50 percent shall be nominees of Canada, the Yukon or the Government of the Northwest Territories.

The Committee shall consider and make recommendations respecting:

the establishment of a water management agreement for the Peel River Watershed;

the establishment of a Regional Land Use Planning Commission or similar agency within Yukon for any area which includes the Peel River Watershed; and

the need for, and establishment of, Special Management Areas, or protected areas, as defined in the Gwich'in Final Agreement, in the Peel River Watershed and Arctic Red River Watershed.

Canada shall consider the recommendations of the Committee.

The Committee may establish its own rules of procedure.

The costs of the Committee shall be the responsibility of Canada. The Committee shall prepare an annual budget subject to review and approval of Canada.

For the purposes of this schedule, the Peel River Watershed excludes areas of overlap with the Traditional Territories of the Dawson First Nation and the Vuntut Gwich'in First Nation.

References Clauses:
Chapter 10 Schedule C 1.1, 1.2, 1.3. 1.5, 1.6, 1.9, 2.1;

Cross reference: Chapter 10 Schedule C 1.4, 1.7, 1.8, 1.10

Project: Nominees to a Regional Land Use Planning Commission for region including any part of the Nacho Nyak Dun Traditional Territory

Responsible Party:
Government, First Nation of Nacho Nyak Dun, other affected Yukon First Nations

Participant/Liaison:
Tetlit Gwich'in

Obligations Addressed:
Settlement Agreements shall provide for regionally based Regional Land Use Planning Commissions with one third representation by nominees of Yukon First Nations, one third representation by nominees of Government, and one third representation based on the demographic ratio of Yukon Indian People to the total population in a planning region.

Specific Provision

Subject to 11.4.2.5, any Regional Land Use Planning Commission established for a planning region which includes any part of the Traditional Territory of the First Nation of Nacho Nyak Dun shall be composed of one-third nominees of the First Nation of Nacho Nyak Dun and the other Yukon First Nations whose Traditional Territories are included in the planning region, one-third nominees of Government, and one-third nominees appointed in accordance with 11.4.2.2.

Subject to 11.4.2.5, Government, the First Nation of Nacho Nyak Dun and the other Yukon First Nations whose Traditional Territories are included in the planning region shall agree on who may nominate each of the last one-third of the nominees to the Regional Land Use Planning Commission referred to in 11.4.2.1 based upon the demographic ratio of Yukon Indian People to the total population in the planning region.

Subject to 11.4.2.5, the First Nation of Nacho Nyak Dun and the other Yukon First Nations whose Traditional Territories are included in the planning region shall determine the Yukon First Nation nominees to the Regional Land Use Planning Commission.

Failing agreement under 11.4.2.2 or determination under 11.4.2.3, Government, the First Nation of Nacho Nyak Dun or any Yukon First Nation whose Traditional Territory is included in the planning region may refer the matter to the dispute resolution process under 26.3.0.

Any Regional Land Use Planning Commission established for a planning region which includes any part of the Primary Use Area shall include one nominee of the Tetlit Gwich'in in place of one nominee of the First Nation of Nacho Nyak Dun.

References Clauses:
11.4.2

Project: Approval of regional land use plans by Government (Non- Settlement Land)

Responsible Party:
Minister

Participant/Liaison:
Regional Land Use Planning Commission, NNDFN; other affected YFNs, Affected Yukon Communities, other federal departments.

Obligations Addressed:
A Regional Land Use Planning Commission shall forward its recommended regional land use plan to Government and each affected Yukon First Nation.

Government, after Consultation with any affected Yukon First Nation and any affected Yukon community, shall approve, reject or propose modifications to that part of the recommended regional land use plan applying on Non- Settlement Land.

If Government rejects or proposes modifications to the recommended plan, it shall forward either the proposed modifications with written reasons, or written reasons for rejecting the recommended plan to the Regional Land Use Planning Commission, and thereupon:

• the Regional Land Use Planning Commission shall reconsider the plan and make a final recommendation for a regional land use plan to Government, with written reason; and
• Government shall then approve, reject or modify that part of the plan recommended under 11.6.3.1 applying on Non- Settlement Land, after Consultation with any affected Yukon First Nation and any affected Yukon community.

References Clauses:
11.6.1, 11.6.2, 11.6.3

Planning Assumption

1. To the extent practicable, Government and NNDFN will undertake the necessary consultation with respect to Non-Settlement and Settlement Land aspects of the plan in a coordinated fashion.

Project: Approval of regional land use plans by NNDFN (Settlement Land)

Responsible Party:
NNDFN

Participant/Liaison:
Regional Land Use Planning Commission, Canada, Yukon

Obligations Addressed:
A Regional Land Use Planning Commission shall forward its recommended regional land use plan to Government and each affected Yukon First Nation.

Each affected Yukon First Nation, after Consultation with Government, shall approve, reject or propose modifications to that part of the recommended regional land use plan applying to the Settlement Land of that Yukon First Nation.

If an affected Yukon First Nation rejects or proposes modifications to the recommended plan, it shall forward either the proposed modifications with written reasons, or written reasons for rejecting the recommended plan to the Regional Land Use Planning Commission, and thereupon:

• the Regional Land Use Planning Commission shall reconsider the plan and make a final recommendation for a regional land use plan to that affected First Nation, with written reason; and
• the affected Yukon First Nation shall then approve, reject or modify that part of the plan recommended under 11.6.5.1 after Consultation with Government.

References Clauses:
11.6.1, 11.6.4, 11.6.5

Planning Assumption

1. To the extent practicable, Government and NNDFN will undertake the necessary Consultation with respect to Non-Settlement and Settlement Land aspects of the plan in a coordinated fashion.

Project: Joint development of sub-regional or district land use plans

Responsible Party:
Government and NNDFN

Participant/Liaison:

Obligations Addressed:
If Government and a Yukon First Nation agree to develop a sub-regional or district land use plan jointly, the plan shall be developed in accordance with the provisions of this chapter.

If Government initiates the development of a sub-regional or district land use plan by a planning body, the planning body established to prepare that plan shall prepare a budget for the preparation of the plan which shall be subject to review by Government, and Government shall pay those expenses which it approves.

References Clauses:
11.8.4, 11.9.4;

Cross reference:
11.8.1, 11.8.2

Planning Assumption

1. The joint preparation of sub-regional and /or district land use plans will occur in a manner consistent with Government and NNDFN policies which may be in place from time to time.

Project: The ownership and management of Heritage Resources on Settlement Land

Responsible Party:
NNDFN

PARTICIPANT LIAISON:

Obligations Addressed:
Each Yukon First Nation shall own and manage Moveable Heritage Resources and non-Moveable Heritage Resources and Non-Public Records, other than records which are the private property of any Person, found on its Settlement Land and on those Beds of waterbodies owned by that Yukon First Nation.

A Yukon First Nation or a Yukon Indian Person who is an owner of a Heritage Resource may transfer the ownership or custody of the Heritage Resource to another Yukon First Nation or to another aboriginal person.

Any granting of access to the public, third parties or Government to Settlement Land shall not divest the Yukon First Nation of the ownership or management of Heritage Resources on Settlement Land.

Yukon First Nations shall own all Documentary Heritage Resources found on Settlement Land other than Public Records or records which are the private property of any Person.

References Clauses:
13.3.1, 13.4.4, 13.4.7, 13.10.8 (see also Chapter 6);

Cross reference:
13.4.8

Planning Assumptions

1. Canada and Yukon will assist NNDFN to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources.
2. Yukon is taking steps to access funding to provide proper and adequate facilities necessary to clean and restore Moveable Heritage Resources.

Project: The ownership and management of ethnographic Moveable Heritage Resources and Documentary Heritage Resources which are directly related to Yukon Indian People and are found in the NNDFN Traditional Territory

Responsible Party:
NNDFN, Canada, Yukon

Participant/Liaison:
Yukon Heritage Resources Board

Obligations Addressed:
Subject to 13.3.5 to 13.3.7, each Yukon First Nation shall own and manage ethnographic Moveable Heritage Resources and Documentary Heritage Resources that are not Public Records and that are not the private property of any Person and that are found in its respective Traditional Territory and that are directly related to the culture and history of Yukon Indian People.

If more than one Yukon First Nation asserts ownership of a Heritage Resource pursuant to 13.3.2, they shall attempt to resolve the matter among themselves, and, failing resolution, any one of them may refer the matter to the Yukon Heritage Resources Board which shall determine ownership of the Heritage Resource in dispute.

In the event that a moveable Heritage Resource found on Non-Settlement Land in a Traditional Territory cannot be readily identified as an ethnographic object directly related to the culture and history of Yukon Indian People, that object shall be held in custody by Government until the nature of the object has been determined.

References Clauses:
13.3.2, 13.3.2.1, 13.3.5 (see also 13.3.6 and 13.3.7);

Cross reference:
13.4.8, 13.5.3.6, 13.6.0

Planning Assumptions

1. Yukon and Canada will assist NNDFN to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources.
2. Yukon is taking steps to access funding to provide proper and adequate facilities necessary to clean and restore Moveable Heritage Resources.

Project: Allocation of Government program resources for the development and management of Heritage Resources of Yukon Indian People

Responsible Party:
Government, Yukon First Nations

Participant/Liaison:
Yukon Indian People, Yukon Heritage Resources Board

Obligations Addressed:
As the Heritage Resources of Yukon Indian People are underdeveloped relative to non-Indian Heritage Resources, priority allocation of Government program resources available from time to time for Yukon Heritage Resources development and management shall, where practicable, be given to the development and management of Heritage Resources of Yukon Indian People, until an equitable distribution of program resources is achieved.

Once an equitable distribution of program resources is achieved, Heritage Resources of Yukon Indian People shall continue to be allocated an equitable portion of Government program resources allocated from time to time for Yukon Heritage Resources development and management.

References Clauses:
13.4.1, 13.4.2;

Cross reference:
3.5.3.5, 13.5.3.10, 13.10

Planning Assumptions

1. At discretion of YHRB, parties may consult with YHRB at any time during development of the terms of reference and/or of the plan.
2. The terms of reference may include:
   • an approach that recognizes the historical under-development of the Heritage Resources of Yukon Indian People;
   • criteria for evaluation of progress in achieving an equitable distribution of program resources by Government towards the achieving of 13.4.1 and 13.4.2;
   • development of long and short term goals, and priorities with respect to Heritage Resources development, management and equitable distribution of opportunities amongst Yukon First Nations and Traditional Territories;
   • role and participation of the parties in developing, monitoring, reviewing and amending the plan; and
   • such other matters as the parties may agree.
3. Prior to completion of the plan, the parties agree to work cooperatively to initiate steps towards achieving the objectives in 13.4.1 and 13.4.2.

Project: The development of programs, staff and facilities to enable the repatriation of Moveable and Documentary Heritage Resources relating to Yukon Indian People

Responsible Party:
Canada, Yukon, NNDFN

Participant/Liaison:

Obligations Addressed:
Government, where practicable, shall assist Yukon First Nations to develop programs, staff and facilities to enable the repatriation of Moveable and Documentary Heritage Resources relating to the culture and history of Yukon Indian People which have been removed from the Yukon, or are retained at present in the Yukon, where this is consistent with the maintenance of the integrity of national or territorial collections.

References Clauses:
13.4.3;

Cross reference:
13.10.2, 13.4.8

Planning Assumptions

1. Yukon and Canada will assist NNDFN to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources.
2. Training needs arising from this clause will be addressed by the Training Policy Committee.

Project: Consultation with NNDFN on Legislation and policies on Heritage Resources in the Yukon

Responsible Party:
Canada, Yukon

Participant/Liaison:
NNDFN

Obligations Addressed:
Government shall Consult Yukon First Nations in the formulation of Legislation and related Government policies on Heritage Resources in the Yukon.

Yukon First Nations shall be Consulted in the formulation of any Legislation and related Government policy on Documentary Heritage Resources in the Yukon relating to Yukon Indian People.

References Clauses:
13.4.5 and 13.10.3

Project: The preparation of an inventory of Moveable Heritage Resources and Heritage Sites which relate to the NNDFN

Responsible Party:
Canada, Yukon, NNDFN

Participant/Liaison:

Obligations Addressed:
In accordance with Government procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to any agreements respecting records or the information contained in them, Government, within existing budgets, shall facilitate the preparation of an inventory of Moveable Heritage Resources and Heritage Sites which relate to Yukon First Nations.

References Clauses:
13.4.8;

Cross reference:
2.7.1

Project: Development of a manual to include the definition of "ethnographic" and other heritage resources

Responsible Party:
Yukon First Nations, Yukon

Participant/Liaison:
Yukon Heritage Resources Board, Canada

Obligations Addressed:
The Board may make recommendations to the Minister and to Yukon First Nations on:

the development, revision and updating of a manual including definitions of ethnographic, archaeological, palaeontological and historic resources, to facilitate the management and interpretation of these resources by Government and Yukon First Nations, such manual to be developed by Yukon First Nations and Government;

References Clauses:
13.5.3.6;

Cross reference:
13.3.2.1, 13.3.6, 13.3.7, 13.5.4

Planning Assumptions

1. When making recommendations respecting issues affecting lands administered by the Canadian Parks Service, the Yukon Heritage Resources Board will address recommendations to the Minister of the Environment.
2. In developing a definition of ethnographic, palaeontological objects etc., it is expected that the Yukon, Yukon First Nations, and the Canadian Parks Service will agree on a single definition.

Project: The distribution of research or interpretive reports regarding Yukon Heritage Resources

Responsible Party:
Canada, Yukon

Participant/Liaison:
NNDFN

Obligations Addressed:
Research or interpretive reports produced by Government or its agents regarding Yukon Heritage Resources shall be made available to the affected Yukon First Nation.

Where feasible, research reports in 13.7.1 or portions thereof, shall be made available to the public, recognizing that some reports may be restricted due to the sensitive nature of the information contained therein.

References Clauses:
13.7.1 and 13.7.2;

Cross reference:
2.7.1

Planning Assumption

1. Government shall make best efforts to recognize and respect the sensitivity expressed by NNDFN pertaining to publication of such reports, consistent with 13.1.1.1.

Project: The provision of written inventories of sites within the Traditional Territory of NNDFN identified as Heritage Sites.

Responsible Party:
Yukon, Canada

Participant/Liaison:
NNDFN

Obligations Addressed:
If, as of the Effective Date of this Agreement, Government has a prepared written inventory of sites within the Traditional Territory of the First Nation of Nacho Nyak Dun identified by Government as Heritage Sites, Government shall make a copy of the written inventory available to the First Nation of the Nacho Nyak Dun.

References Clauses:
13.8.1.2 (a)

Project: The interim protection of a Heritage Site within the Traditional Territory of NNDFN

Responsible Party:
Yukon, Canada

Participant/Liaison:
NNDFN

Obligations Addressed:
When requested by the First Nation of Nacho Nyak Dun, Government shall consider protection within existing Legislation for a period of time of a Heritage Site on Non- Settlement Lands or Settlement Lands within the Traditional Territory of the First Nation of Nacho Nyak Dun which is directly related to the culture and history of Yukon Indian People pending a decision by the Minister on Non- Settlement Land or the First Nation of Nacho Nyak Dun on Settlement Land whether to designate the Heritage Site as a Designated Heritage Site;

Government shall Consult with the First Nation of Nacho Nyak Dun regarding the terms and conditions of the temporary protection which might apply to the Heritage Site;

Planning Assumption

1. The above activities should be completed as expeditiously as possible so that where interim protection is deemed to be required, it can be secured without unnecessary delays.

Project: The identification of proposed Designated Heritage Sites within the Traditional Territory of NNDFN

Responsible Party:
Yukon, Canada

Participant/Liaison:
NNDFN

Obligations Addressed:
Government shall advise the First Nation of Nacho Nyak Dun when land within the Traditional Territory of the First Nation of Nacho Nyak Dun is identified by Government as a proposed Designated Heritage Site.

References Clauses:
13.8.1.2 (d)

Project: The management of research activities at sites which may contain Moveable Heritage Resources

Responsible Party:
Yukon, Canada, NNDFN

Participant/Liaison:

Obligations Addressed:
Government and the affected Yukon First Nation shall institute a permit system for research at any site which may contain Moveable Heritage Resources.

Government and the affected Yukon First Nation shall consider the land use activities of other resource users in the management of interpretive and research activities at Heritage Sites.

References Clauses:
13.8.3 and 13.8.2;

Cross reference:
13.3.1, 5.5.1

Project: The control of access to Designated Heritage Sites

Responsible Party:
Canada, Yukon, NNDFN

Participant/Liaison:
Yukon Heritage Resources Board

Obligations Addressed:
Access to Designated Heritage Sites shall be controlled in accordance with the terms of site management plans which have been reviewed by the Board, and approved and implemented by Government or the affected Yukon First Nation.

Government and the affected Yukon First Nation, when controlling access to Designated Heritage Sites, shall consider: the interests of permitted researchers; the interest of the general public; and the requirements of special events and traditional activities.

References Clauses:
13.8.4, 13.8.5;

Cross reference:
10.5.1, 10.5.2, 13.8.1, 13.8.2

Planning Assumption

1. Monitoring and enforcement of access provisions will be the responsibility of the management authority as designated in the management plans.

Project: The protection of Heritage Resources accidentally discovered on NNDFN Settlement Land

Responsible Party:
NNDFN

Participant/Liaison:
Yukon, Surface Rights Board

Obligations Addressed:
A Person who accidentally discovers a Heritage Resource on Settlement Land of the First Nation of Nacho Nyak Dun shall take such steps as are reasonable in all the circumstances to safeguard the Heritage Resource and shall report as soon as practicable that discovery to the First Nation of Nacho Nyak Dun.

A Person described in 13.8.7.1 who is not exercising a right of access or a right to use Settlement Land of the First Nation of Nacho Nyak Dun provided for in this Agreement may only continue to disturb a Heritage Site or Moveable Heritage Resource with the consent of the First Nation of Nacho Nyak Dun.

A Person described in 13.8.7.1 who is exercising a right of access or a right to use Settlement Land of the First Nation of Nacho Nyak Dun provided for in this Agreement shall not further disturb a Heritage Site or Moveable Heritage Resource unless permitted by the Laws of General Application, and that Person obtains:

(a) the consent of the First Nation of Nacho Nyak Dun; or

(b) failing consent, an order of the Surface Rights Board setting out the terms and conditions of further disturbing the Heritage Site or Moveable Heritage Resource.

References Clauses:
13.8.7.1, 13.8.7.2 and 13.8.7.3

Project: The protection of Documentary Heritage Resources whose accidental discovery on Settlement Land is reported to NNDFN

Responsible Party:
Yukon, NNDFN

Participant/Liaison:

Obligations Addressed:
The First Nation of Nacho Nyak Dun shall report to Government, as soon as practicable, the discovery on Settlement Land of the First Nation of Nacho Nyak Dun of any Documentary Heritage Resource reported to it under 13.8.7.1.

The Government and the First Nation of Nacho Nyak Dun shall attempt to agree whether a Documentary Heritage Resource described in 13.8.7.4 is a Public Record or a Non-Public Record and, failing agreement, either may refer the matter to the dispute resolution process under 26.3.0.

If the Documentary Heritage Resource is a Non-Public Record, the First Nation of Nacho Nyak Dun shall make reasonable efforts to determine if it is privately owned.

References Clauses:
13.8.7.4, 13.8.7.5 and 13.8.7.6;

Cross reference:
13.8.7.1 and 26.3.0

Project: The establishment of procedures to manage NNDFN Burial Sites on Settlement Land

Responsible Party:
NNDFN

Participant/Liaison:

Obligations Addressed:
Government and Yukon First Nations shall each establish procedures to manage and protect Yukon First Nation Burial Sites which shall:

restrict access to Yukon First Nation Burial Sites to preserve the dignity of the Sites;

and provide that, subject to 13.9.2, where a Yukon First Nation Burial Site is discovered, the Yukon First Nation on whose Traditional Territory the burial site is located shall be informed, and the burial site shall not be further disturbed.

References Clauses:
13.9.1, 13.9.1.1, and 13.9.1.3;

Cross reference:
13.9.2

Project: The establishment of procedures to manage NNDFN Burial Sites on Non-Settlement Land

Responsible Party:
Government, NNDFN

Participant/Liaison:

Obligations Addressed:
Government and Yukon First Nations shall each establish procedures to manage and protect Yukon First Nation Burial Sites which shall: restrict access to Yukon First Nation Burial Sites to preserve the dignity of the Sites;

where the Yukon First Nation Burial Site is on Non- Settlement Land, require the joint approval of Government and the Yukon First Nation in whose Traditional Territory the Yukon First Nation Burial Site is located for any management plans for the Yukon First Nation Burial Site; and

and provide that, subject to 13.9.2, where a Yukon First Nation Burial Site is discovered, the Yukon First Nation on whose Traditional Territory the burial site is located shall be informed, and the burial site shall not be further disturbed.

References Clauses:
13.9.1, 13.9.1.1, 13.9.1.2 and 13.9.1.3

Planning Assumption

1. During the development of procedures, the parties will exchange information on any known burial sites within the NNDFN Traditional Territory.

Project: The determination of terms and conditions upon which a NNDFN Burial Site may be further disturbed following its discovery

Responsible Party:
NNDFN

Participant/Liaison:

Obligations Addressed:
Where a Person discovers a Yukon First Nation Burial Site in the course of carrying on an activity authorized by Government or a Yukon First Nation, as the case may be, that Person may carry on the activity with the agreement of the Yukon First Nation on whose Traditional Territory the site is located.

In the absence of agreement under 13.9.2 the Person may refer the dispute to arbitration under 26.7.0 for a determination of the terms and conditions upon which the site may be further disturbed.

References Clauses:
13.9.2, 13.9.3;

Cross reference:
13.9.1

Project: Development of policies and procedures re: the exhumation, examination and reburial of human remains

Responsible Party:
NNDFN

Participant/Liaison:

Obligations Addressed:
Any exhumation, examination, and reburial of human remains from a burial site of a Yukon First Nation ordered by an arbitrator under 13.9.3 shall be done by, or under the supervision of, that Yukon First Nation.

Except as provided in 13.9.2 to 13.9.4, any exhumation, scientific examination and reburial of remains from Yukon First Nation Burial sites shall be done at the discretion of the affected Yukon First Nation.

References Clauses:
13.9.4 and 13.9.5;

Cross reference:
13.9.1, 13.9.3

Project: The provision of Documentary Heritage Resources in Government custody for copying by the NNDFN

Responsible Party:
Government

Participant/Liaison:
NNDFN

Obligations Addressed:
In accordance with Government policies and procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to agreements respecting the records, Government shall make available to a Yukon First Nation, for copying, Documentary Heritage Resources in Government custody relating to that Yukon First Nation.

Project: The management of Documentary Heritage Resources relating to Yukon Indian People

Responsible Party:

References Clauses:
13.10.2;

Cross reference:
13.4.8, 2.7.1

Yukon, Canada

Participant/Liaison:
Yukon First Nations, Yukon Indian Elders

Obligations Addressed:
Government shall, where practicable, Consult and cooperate with the affected Yukon First Nations on the management of Documentary Heritage Resources in the Yukon relating to Yukon Indian People.

Government shall Consult and cooperate with Yukon First Nations in the preparation of displays and inventories of Documentary Heritage Resources in the Yukon relating to the Yukon Indian People.

Government and Yukon First Nations may work cooperatively with Yukon Indian Elders on the interpretation of Documentary Heritage Resources relating to Yukon Indian People.

References Clauses:
13.10.4, 13.10.5 and 13.10.7;

Cross reference:
13.3.1, 13.3.2, 13.10.3, 13.4.3

Planning Assumptions

1. Original copies of Documentary Heritage Resources relating to Yukon Indian People will be preserved according to recognized archival standards consistent with the maintenance of the integrity of national or territorial collections and agreements with donors; duplicate copies may be produced in accordance with policies and procedures for copying documentary heritage collections (reference 13.10.2) for deposit in Yukon First Nation collections when originals remain in government custody.
2. Copies of inventories of Documentary Heritage Resources relating to Yukon Indian People will be made available to YFNs as requested.
3. Translations of Documentary Heritage Resources may be required if Elders are to be involved in their interpretation.

Project: Consultation with NNDFN by the Yukon Geographical Place Names Board

RESPONSIBLE PART:
Yukon Geographical Place Names Board

Participant/Liaison:
NNDFN, Canada

Obligations Addressed:
When considering the naming or renaming of places or features located within the Traditional Territory of a Yukon First Nation, or when acting with a federal agency where joint jurisdiction over the naming of the place or feature exists, the Yukon Geographical Place Names Board shall Consult with that Yukon First Nation.

References Clauses:
13.11.2;

Cross reference
13.11.1, 13.11.4

Project: Naming of geographical features on Settlement Land and the inclusion of traditional aboriginal place names on revised maps of the NTS series

Responsible Party:
NNDFN, Canada

Participant/Liaison:
Yukon Geographical Place Names Board

Obligations Addressed:
A Yukon First Nation may name or rename places or geographical feature on Settlement Land and such place names shall be deemed to be approved by the Yukon Geographical Place Names Board.

Traditional aboriginal place names shall be included, to the extent practicable and in accordance with map production specificationss of Canada, on revised maps of the National Topographic Series.

References Clauses:
13.11.3, 13.11.4;

Cross reference:
13.11.1

Planning Assumption

1. It is expected that the mapping division of the Council for Yukon Indians and any Yukon First Nation-controlled mapping company will investigate contract arrangements for map production with EMR.

Project: The invitation for public tenders for contracts and the offer of fixed term contracts associated with the management of a Designated Heritage Site within the Traditional Territory of the First Nation of the Nacho Nyak Dun.

Responsible Party:
Canada, Yukon

Participant/Liaison:
NNDFN

Obligations Addressed:
Government shall provide written notice to the First Nation of Nacho Nyak Dun of any invitation for public tenders in respect of contracts associated with the management of a Designated Heritage Site directly related to the history or culture of Nacho Nyak Dun within the Traditional Territory of the First Nation of Nacho Nyak Dun.

The First Nation of Nacho Nyak Dun shall have the first opportunity to accept any fixed term contract offered by Government associated with the management of a Designated Heritage Site directly related to the history or culture of Nacho Nyak Dun within the Traditional Territory of the First Nation of Nacho Nyak Dun.

Any failure to provide written notice pursuant to 13.12.1.1 shall not affect the public tender process or the contract awards resulting therefrom.

Any failure to provide a first opportunity pursuant to 13.12.1.2 shall not affect any fixed term contract entered into associated with the management of a Designated Heritage Site directly related to Nacho Nyak Dun within the Traditional Territory of the First Nation of Nacho Nyak Dun.

References Clauses:
13.12.1.1, 13.12.1.2, 13.12.1.3 and 13.12.1.4;

Cross reference:
13.12.1.7, 22.5.10

Planning Assumption

1. The activities above will be carried out in a manner consistent with 22.5.

Project: The development of contract opportunities associated with the management of Designated Heritage Sites within the Traditional Territory of the First Nation of Nacho Nyak Dun.

Responsible Party:
Canada, Yukon

Participant/Liaison:
NNDFN

Obligations Addressed:
Government shall include in any contract opportunities associated with the management of a designated Heritage Site directly related to the history or culture of Nacho Nyak Dun within the Traditional Territory of the Nacho Nyak Dun;

(a) a criterion for Nacho Nyak Dun employment; and

(b) a criterion for special knowledge or experience of Nacho Nyak Dun which is related to the Heritage Site.

Nothing in 13.12.1.5 shall be construed to mean that a criterion for employment or special knowledge or experience be the determining criterion in awarding any contract.

References Clauses:
13.12.1.5 and 13.12.1.6;

Cross reference:
13.12.1.1, 13.12.1.2, 13.12.1.7

Planning Assumption

1. Yukon will seek input from NNDFN in developing criteria for Nacho Nyak Dun employment or for special Nacho Nyak Dun experience or knowledge.

Project: The development of a management plan for the Lansing Heritage Site.

Responsible Party:
Yukon, NNDFN

Participant/Liaison:
Yukon Heritage Resources Board

Obligations Addressed:
Government and the First Nation of Nacho Nyak Dun shall establish the boundaries of the Site based on information provided by the historic resources assessment carried out pursuant to 2.1.

Government and the First Nation of Nacho Nyak Dun shall carry out a historic resources assessment of the Site as the initial stage of preparing a management plan for the Site.

Government and the First Nation of Nacho Nyak Dun shall prepare jointly a management plan for the Site which shall be reviewed by the Yukon Heritage Resources Board. The Yukon Heritage Resources Board may make recommendations respecting the management plan to Government and the First Nation of Nacho Nyak Dun.

References Clauses:
Chapter 13 Schedule A 1.2, 2.1, 2.2;

Cross reference:
Chapter 13 Schedule A 1.3, 2.3, 2.4, 2.5, 2.6, 2.7, 3.3, 4.1

Planning Assumptions

1. The workplan discussions at the initial meeting will identify timelines, budgetary and other resources required and each party's participation in the process of developing the plan.
2. In developing the plan, the parties will consider the costs to NNDFN of managing the site and possibilities for obtaining funding through Government programs as may be in place from time to time.

Project: The alteration of the boundaries of the historic site at Lansing

Responsible Party:
NNDFN, Yukon

Participant/Liaison:

Obligations Addressed:
The boundaries of the Site shall not be changed except with the agreement of Government and the First Nation of Nacho Nyak Dun.

References Clauses:
Chapter 13 Schedule A 1.3

Project: The completion and approval of the management plan for the historic site at Lansing.

Responsible Party:
Yukon, NNDFN

Participant/Liaison:

Obligations Addressed:
Government and the First Nation of Nacho Nyak Dun shall make best efforts to complete the management plan within 18 months of the Effective Date of this Agreement.

Government and the First Nation of Nacho Nyak Dun shall jointly approve the management plan.

If Government and the First Nation of Nacho Nyak Dun are unable to agree on the terms of the management plan, Government or the First Nation of Nacho Nyak Dun may refer the dispute to the dispute resolution process under 26.3.0.

References Clauses:
Chapter 13, Schedule A 2.4, 3.1 and 3.2;

Cross reference:
26.3.0

Project: The review of the management plan for the historic site at Lansing

Responsible Party:
Yukon, NNDFN

Participant/Liaison:

Obligations Addressed:
Government and the First Nation of Nacho Nyak Dun shall review the management plan no later than five years after its intial approval and no later than every ten years thereafter.

References Clauses:
Chapter 13 Schedule A 3.3

Planning Assumption

1. The cycle of activities will repeat for all subsequent reviews, adjusting timing as necessary.

Project: Amendment of the management plan for the historic site at Lansing

Responsible Party:
Yukon, NNDFN

Participant/Liaison:

Obligations Addressed:
Government and the First Nation of Nacho Nyak Dun shall refer any proposed amendments to the management plan to the Yukon Heritage Resources Board for its review and recommendations.

References Clauses:
Chapter 13 Schedule A 3.4;

Cross reference:
Chapter 13 Schedule A 3.3

Project: The nomination of the Bonnet Plume River as a Canadian Heritage River.

Responsible Party:
Canada, Yukon

Participant/Liaison:
Mayo District Renewable Resources Council, Canadian Heritage Rivers Board

Obligations Addressed:
Government shall submit to the Board a nomination document for the Bonnet Plume River before January 31, 1993, or as soon as practicable thereafter.

Government, after Consultation with the Mayo District Renewable Resources Council, shall prepare the nomination document in accordance with the Canadian Heritage Rivers System Program.

The Board shall:

• consider the nomination: and
• make a recommendation to the Ministers,

in accordance with the provisions of the Canadian Heritage Rivers System Program.

References Clauses:
Chapter 13 Schedule B 2.1, 2.2, 2.3

Project: The development and approval of a Management Plan for the Bonnet Plume River

Responsible Party:
Canada, Yukon, Mayo District Renewable Resources Council

Participant/Liaison:
Canadian Heritage Rivers Board

Obligations Addressed:
If the Board recommends that the Bonnet Plume River be designated as a Canadian Heritage River and the Ministers accept the nomination:

• the river shall be placed on the register of Candidate Heritage Rivers; and
• Government and the Mayo District Renewable Resources Council shall jointly prepare a Management Plan for the Bonnet Plume River.

Government and the Mayo District Renewable Resources Council may establish a steering committee to assist in preparing the Management Plan and the membership on the committee shall be comprised of equal representation from Government and the Mayo District Renewable Resources Council.

The Management Plan shall be submitted for approval to the Minister of the nominating agencies in accordance with the Canadian Heritage Rivers System Program.

The approved Management Plan shall be lodged with the Canadian Heritage Rivers Board in accordance with the Canadian Heritage Rivers System Program.

References Clauses:
Chapter 13 Schedule B 3.1, 3.2, 3.5, 3.6;

Cross reference:
Chapter 13 Schedule B 3.3, 3.4 and 3.7

Planning Assumption

1. The workplan discussions in the initial meeting will identify timelines, budgetary and other resources required and each party's participation in the process of developing the plan.

Project: Review and amendments of the Management Plan for the Bonnet Plume River

Responsible Party:
Canada, Yukon, Mayo District Renewable Resources Council

Participant/Liaison:

Obligations Addressed:
Government and the Mayo Renewable Resources Council may agree from time to time to review and recommend amendments to the approved Management Plan.

References Clauses:
Chapter 13 Schedule B 3.7

Project: The formal designation of the Bonnet Plume River as a Canadian Heritage River.

Responsible Party:
The Minister of the Environment (Canada)/Ministers of the nominating agencies of Government/Canadian Heritage Rivers Board

Participant/Liaison:

Obligations Addressed:
Upon receipt by the Board of the approved Management Plan, the Ministers shall formally designate the Bonnet Plume River as a Canadian Heritage River.

The Board shall periodically review the status of the Bonnet Plume River as a Canadian Heritage River in accordance with the provisions of the Canadian Heritage Rivers System Program.

References Clauses:
Chapter 13 Schedule B 4.1 and 4.2

Project: Exception to the exclusive right of the First Nation of Nacho Nyak Dun to use Water

Responsible Party:
Nacho Nyak Dun First Nation and Tetlit Gwich'in

Participant/Liaison:

Obligations Addressed:
The exclusive right of the First Nation of Nacho Nyak Dun to use Water referred to in 14.5.4 is subject to 10.3.1 of the Gwich'in Transboundary Agreement.

Planning Assumptions

1. 10.3.1 of the Gwich'in Transboundary Agreement states that:
   "Subject to laws of general application, a Tetlit Gwich'in shall have the right to use water for a traditional use in the primary and secondary use areas".
2. 10.3.3 states that:
   "Nothing in 10.3.1 shall be construed to grant a priority of use or a right to compensation".

Project: Renewal or replacement of Water Licences

Responsible Party:
NNDFN

Participant/Liaison:
Yukon Water Board

Obligations Addressed:
Where the term of a licence described in 14.7.3 is five years or more, the licensee shall have the right to apply to the Board for a renewal or replacement of the licence. The Board shall require that written notice of the application be given, in a form satisfactory to the Board, to the affected Yukon First Nation, and shall provide the affected Yukon First Nation an opportunity to be heard concerning terms and conditions to be attached to the renewal or replacement for the protection of the interest of the Yukon First Nation.

References Clauses:
14.7.4;

Cross reference:
14.7.3

Project: Access to Settlement Land -- With consent for exercise of a Water right

Responsible Party:
NNDFN

Participant/Liaison:
Person seeking access and Surface Rights Board

Obligations Addressed:
Unless a Person has a right of access without the consent of the affected Yukon First Nation, a Person requiring the use of Settlement Land other than the Parcel covered by that Person's interest under 14.7.1 in order to exercise a right to use Water under 14.7.1 and 14.7.3 has a right of access to use that Settlement Land with the consent of the affected Yukon First Nation or, failing consent, an order of the Surface Rights Board setting out terms and conditions of access.

References Clauses:
14.7.5

Cross reference:
14.7.1, 14.7.3, 14.12.0

Project: Compensation payable in relation to licences existing on the date that land became Settlement Land

Responsible Party:
NNDFN

Participant/Liaison:
Holder of Water Licence, Yukon Water Board

Obligations Addressed:
After three years from the Effective Date of a Yukon First Nation Final Agreement and only in respect to the term following the expiry of that three year period, a Person holding a Licence described in 14.7.3 shall be liable to pay compensation under the provisions of this chapter to the Yukon First Nation in respect of the exercise of such Licence, and shall be subject to the provisions of 14.11.0 and 14.12.0.

Planning Assumption

1. This is a one-time activity in respect of each Licence described in activity 14.7.3. Any subsequent replacement or renewal of a Licence described will be consistent with the operation of this chapter.

Project: Shared drainage basin agreements

Responsible Party:
Canada

Participant/Liaison:
NNDFN, Yukon, Government of the Northwest Territories, Government of British Columbia, Government of Alaska

Obligations Addressed:
Government shall make best efforts to negotiate Water management agreements with other jurisdictions which share drainage basins with the Yukon.

Government shall Consult with affected Yukon First Nations with respect to the formulation of Government positions on the management of Water in a shared drainage basin within those Yukon First Nations' Traditional Territories in negotiating an agreement pursuant to 14.10.1

References Clauses:
14.10.1, 14.10.2

Planning Assumptions

1. Once negotiations have been established with another jurisdiction, affected Yukon First Nations will be kept apprised of progress towards interjurisdictional agreements and will be consulted periodically pursuant to this clause on the formulation of government positions.
2. Affected Yukon First Nations will be consulted pursuant to this clause during discussions related to the amendment of any Water management agreement that is reached.
3. It is acknowledged that current arrangements for the negotiation of Water management agreements between jurisdictions include the participation of affected Yukon First Nations in the briefing and preparation for negotiations and in the negotiation sessions.

Project: Preparation for Yukon Water Board compensation proceedings

Responsible Party:
NNDFN, Yukon Indian Person

Participant/Liaison:
Yukon Water Board

Obligations Addressed:
When determining the amount and terms of compensation to be paid to a Yukon First Nation pursuant to this chapter, the Board shall consider:

• the effect of the Water Use on the Yukon First Nation's Use of Water on or adjacent to its Settlement Land;
• the effect of the Water Use on the Yukon First Nation's Settlement Land, taking into account any cultural or special value of the land to the Yukon First Nation;
• the nuisance, inconvenience and noise caused by the Water Use to the Yukon First Nation on Settlement Land;
• the increment of the Water alteration caused by the Water Use;
• the duration of any of the above; and
• any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c.N-25.

In a determination pursuant to 14.12.3, of compensation payable to a Yukon First Nation, the loss or damage suffered by the Yukon First Nation for activity contrary to 14.8.1 shall include the loss or damage suffered by a Yukon Indian Person enrolled under that Yukon First Nation Final Agreement, but shall not include loss or damage compensable pursuant to 14.9.2.

In determining loss or damage suffered by a Yukon Indian Person under 14.12.4, the Board shall consider:

• the effect of the Water Use on the Yukon Indian Person's Use of Water on or adjacent to the affected Yukon First Nation's Settlement Land;
• the effect of the Water Use on Fish and Wildlife Harvesting by the Yukon Indian Person enrolled under that Yukon First Nation Final Agreement;
• the increment of the Water alteration caused by the Water Use;
• the duration of any of the above; and
• any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c.N-25.

When determining the amount and terms of compensation to be paid to a Yukon Indian Person pursuant to 14.9.2, the Board shall consider:

• subject to 14.12.6.2, the effect of the unlawful Use of Water on the Yukon Indian Person's Traditional Use of Water in that Yukon Indian Person's Traditional Territory;
• the effect of the unlawful Use of Water on a Yukon Indian Person's Traditional Use in relation to traditional heritage, culture and spiritual purposes, but only on or adjacent to the Settlement Land of the Yukon First Nation under whose Yukon First Nation Final Agreement that Yukon Indian Person is enrolled;
• the incremental effect of the unlawful Use of Water on the Yukon Indian Person's Traditional Use;
• the cost to the Yukon Indian Person of mitigation of damage caused to Settlement Land and restoration of Settlement Land for the Traditional Use;
• the duration of any of the above; and
• any other factors set out in the Northern Inland Waters Act, R.S.C. 1985, c.N-25.

References Clauses:
14.12.3, 14.12.4, 14.12.5, 14.12.6;>

Cross reference:
14.2.1, 14.12.2, 14.12.7 - 14.12.10

Project: Survey of Settlement Land boundaries

Responsible Party:
Canada

Participant/Liaison:
Settlement Land Committees, Yukon, Yukon First Nations, Land Titles Office

Obligations Addressed:
The boundaries of Settlement Land shall be surveyed in accordance with the instructions of the Surveyor General and dealt with by an official plan confirmed pursuant to the Canada Lands Surveys Act, R.S.C. 1985, c.L-6.

Standards of accuracy, techniques and specifications for the survey of Settlement Land shall be in accordance with the Manual of Instructions for the Survey of Canada Lands and other general or specific instructions issued by the Surveyor General from time to time.

The Surveyor General shall have the discretion to adjust boundaries of Settlement Land in order to reduce survey costs, subject to agreement of the Settlement Land Committee.

The Surveyor General has statutory responsibility for and control over all legal surveys arising out of Settlement Agreements.

Final decisions and ultimate responsibility concerning survey of Settlement Land rests with Canada and such decisions shall be taken in Consultation with the Yukon and the Council for Yukon Indians.

References Clauses:
15.2.1, 15.2.3, 15.2.4, 15.2.5;

Cross reference:
5.3.2, 5.3.3, 15.2.6, 15.2.7, 15.2.8, 15.2.10, 15.4.2.1, 15.4.3, 15.7.1 22.3.4

Planning Assumption

1. The survey program initially established will be reviewed annually by Canada. If the review indicates a need to vary the program or to vary from the survey priorities determined by the Settlement Land Committees, Yukon and CYI will be consulted before a final decision to vary is taken. An Activity Plan for this consultation appears in the UFA Implementation Plan for 15.2.9.

Project: Priorities for the identification and selection of Site Specific Settlement Land

Responsible Party:
Canada

Participant/Liaison:
Settlement Land Committee, Yukon, NNDFN, Land Titles Office

Obligations Addressed:
Each Settlement Land Committee shall, in accordance with the principles described in 15.3.5, be responsible for:

• the identification and selection of Site Specific Settlement Land out of Proposed Site Specific Settlement Land; and
• determining the priorities for the survey of all Settlement Land; and
• indication to the Surveyor General of portions of boundaries, if any, of those Special Management Areas which should be considered for definition by survey in order to better serve the mutual interests of the Yukon First Nation and the public.

In determining the priorities for the identification and selection of Site Specific Settlement Land and for the survey of all Settlement Land, the Settlement Land Committee shall have regard to the following principles:

• the priorities of the Yukon First Nation;
• efficiency and economy; and
• the necessity to clarify boundaries because of imminent public or private development on adjacent lands.

Where a Settlement Land Committee does not reach agreement under 15.3.4.1 or 15.3.4.2, Government, the affected Yukon First Nation or the Committee may refer the matter to the dispute resolution process under 26.3.0

Where the dispute arises under 15.3.4.1, the arbitrator shall select either the final position proposed by Government or the final position proposed by the Yukon First Nation.

Each Settlement Land Committee shall indicate and identify any critical features intended to be enclosed in Settlement Land.

References Clauses:
15.3.4, 15.3.5, 15.3.8, 15.3.9, 15.4.5;

Cross reference:
26.3.0

Planning Assumption

1. In the case of a disagreement, best efforts will be made to resolve issues prior to a referral to dispute resolution.

Project: Use and enjoyment of Settlement Land by Yukon Indian People prior to completion of surveys

Responsible Party:
Settlement Land Committee

Participant/Liaison:
Yukon Indian People, Canada, Yukon

Obligations Addressed:
During the period described in 15.3.6:

• each Settlement Land Committee shall receive requests relating to the use and enjoyment of Proposed Site Specific Settlement Land by Yukon Indian People;
• each Settlement Land Committee shall determine whether it is practicable to give effect to such requests and shall recommend to Canada or to the Yukon, as the case may be, that it take such steps as the Committee considers appropriate; and
• Government undertakes to take such steps as it considers practicable to give effect to the recommendations of the Settlement Land Committee.

References Clauses:
15.3.7;

Cross reference:
15.3.6

Planning Assumption

1. It is expected that the SLC's primary considerations in assessing requests for use and enjoyment will be the provisions of paragraph 15.3.6 and any implications for survey requirements which may arise from the request.

Project: Approval of survey plans

Responsible Party:
Canada

Participant/Liaison:
Settlement Land Committee, Yukon, NNDFN, Land Titles Office

Obligations Addressed:
Prior to the confirmation of an official plan by the Surveyor General or the approval of an administrative or explanatory plan, written approval from the Yukon First Nation shall be obtained by the Settlement Land Committee to ensure that the Yukon First Nation is satisfied that the parcel as surveyed conforms either to the area originally selected or as modified by the Surveyor General pursuant to 15.2.4 and 15.6.1. The plan and a copy of the surveyor's report shall be reviewed by the Settlement Land Committee for conformance with the original land selection before recommending it to the Yukon First Nation.

If the Yukon First Nation rejects the recommendation by the Settlement Land Committee, the disagreement shall be referred to the dispute resolution process under 26.3.0, and the Surveyor General or his representative shall have standing as a party to the dispute. The resulting decision may direct that the costs of a resurvey be borne by one or more of the parties to the dispute.

References Clauses:
15.6.6; 15.6.7;

Cross reference:
5.2.3, 5.2.4, 15.6.8

Project: Employment and economic opportunities -- Surveying

Responsible Party:
Canada

Participant/Liaison:
First Nation of Nacho Nyak Dun

Obligations Addressed:
In evaluating any competitive proposal, bid or tender for the survey of First Nation of Nacho Nyak Dun Settlement Land, Government shall include among the factors for consideration, Nacho Nyak Dun employment, Nacho Nyak Dun ownership or equity investment in the firm and in any subcontracting firm submitting the proposal, bid or tender, and in any subcontractor to that firm.

The determination of the qualifications and experience appropriate for the survey of the First Nation of Nacho Nyak Dun Settlement Land shall be set out in the economic development opportunities plan required by 22.3.1.

(a) Government and the First Nation of Nacho Nyak Dun may agree on the determination of qualifications and experience appropriate for the survey pending the completion of the economic development opportunities plan required pursuant to 22.3.1.

Nothing in 15.7.1.1 shall be construed to mean that the criterion for Nacho Nyak Dun employment or Nacho Nyak Dun ownership or equity investment shall be the determining criteria in awarding any contract.

References Clauses:
15.7.1;

Cross reference:
22.3.1

Project: Administration of survey contracts

Responsible Party:
Canada

Participant/Liaison:
NNDFN, Yukon Indian People

Obligations Addressed:
Where economic opportunities and benefits are associated with the survey of Settlement Land, Yukon First Nations shall have access to these opportunities and benefits. Any contract issued for the survey of Settlement Land shall contain the condition that Yukon Indian People and Yukon First Nation businesses with the necessary qualifications and experience shall be given first consideration in providing technical and support services associated with the contract. A list of Yukon First Nation businesses and Yukon Indian People interested in providing such services to potential contractors for such surveys of a Yukon First Nation's Settlement Land shall be included with all requests for proposals, and documentary proof the Yukon First Nation's businesses and Yukon Indian People were given first consideration shall form part of a contractor's proposal.

References Clauses:
15.7.2;

Cross reference:
22.5.4, 22.5.6, 22.5.8, 22.5.9, Annex D

Project: Sharing of economic benefits with the Tetlit Gwich'in

Responsible Party:
First Nation of Nacho Nyak Dun

Participant/Liaison:
Tetlit Gwich'in

Obligations Addressed:
Where Tetlit Gwich'in Yukon Land abuts Settlement Land of the First Nation of Nacho Nyak Dun, the Tetlit Gwich'in and the First Nation of Nacho Nyak Dun shall agree on how to share the economic benefits in 15.7.2.

References Clauses:
15.7.2.1;

Cross reference:
15.7.2

Planning Assumption

1. Activities associated with the implementation of 15.7.2 are detailed in the Activity Plan for 15.7.2.

Project: Consultation with NNDFN prior to imposition of a limitation in Legislation

Responsible Party:
Canada, Yukon

Participant/Liaison:
NNDFN

Obligations Addressed:
Government shall Consult with the affected Yukon First Nation before imposing a limitation pursuant to 16.3.3.

References Clauses:
16.3.3.2;

Cross reference:
16.3.9, 16.3.10, 16.5.4, 16.7.16

Planning Assumption

1. Any proposed amendments that result in a limitation of the rights of Yukon Indian People under Chapter 16 will involve a level of Consultation that is commensurate with the importance of this issue to Yukon First Nations.

Project: Representation of the interests of NNDFN and other affected Yukon First Nations in international negotiations

Responsible Party:
Canada

Participant/Liaison:
NNDFN and other affected Yukon First Nations

Obligations Addressed:
Canada shall make reasonable efforts to ensure that when issues involving Fish and Wildlife management arise in international negotiations, the interests of affected Yukon First Nations are represented.

References Clauses:
16.3.5;

Cross reference:
16.5.4

Planning Assumption

1. Canada may also liaise with a number of public Fish and Wildlife management structures, depending on the subject matter, including: Renewable Resources Councils, Fish and Wildlife Management Board, Salmon-Sub Committee, North Slope Wildlife Management Advisory Council, Porcupine Caribou Management Board and others.

Project: Amendments to Game Export Act

Responsible Party:
Canada

Participant/Liaison:
Yukon, NNDFN

Obligations Addressed:
Government shall make best efforts to amend the Game Export Act, R.S.C. l985, c. G-1 to enable the transport of Wildlife products for traditional non-commercial purposes across borders with Alaska, British Columbia and the Northwest Territories.

No tax, duty or such other fees or royalties shall be imposed by Government in respect of the export of Wildlife products under 16.3.7.

References Clauses:
16.3.7 and 16.3.8;

Cross reference:
16.7.16

Planning Assumption

1. The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, S.C. 1992, c.52 was assented to by Parliament on December 17, l992 and is expected to be proclaimed in early 1994. This Act repeals the Game Export Act, R.S.C. 1985, c.G-1, and allows the Governor in Council to make regulations under section 21 with respect to circumstances in which persons may be exempted from holding permits and on a number of other issues. It is anticipated that upon proclamation, there will be regulations to comply with the requirements of 16.3.7.

Project: Coordinated Fish and Wildlife population management in and outside of National Parks

Responsible Party:
Canada

Participant/Liaison:
Fish and Wildlife Management Board, Renewable Resources Council, NNDFN, Yukon

Obligations Addressed:
The responsible agencies, the Board and the Councils shall make best efforts to coordinate the management of Fish and Wildlife populations which cross a boundary of a National Park.

References Clauses:
16.3.14.1

Planning Assumption

1. Affected agencies will include the Fish and Wildlife Management Board, Renewable Resources Councils, National Park management boards, and other affected Yukon First Nations.

Project: Provision of proof

Responsible Party:
NNDFN

Participant/Liaison:
Canada, Yukon

Obligations Addressed:
A Yukon First Nation shall provide to a Yukon Indian Person proof that the Yukon Indian Person is enrolled in that Yukon First Nation's Final Agreement, has been given consent under 16.4.2 or has been allocated a Harvesting opportunity pursuant to a Basic Needs Level allocation for Wildlife or a basic needs allocation of Salmon, as the case may be.

References Clauses:
16.4.7;

Cross reference:: 16.4.2, 16.4.8, 16.4.9, 16.5.1.1

Project: Consultation with NNDFN before taking action on Fish and Wildlife matters affecting NNDFN management responsibilities or exercise of harvesting rights

Responsible Party:
Canada, Yukon

Participant/Liaison:
NNDFN

Obligations Addressed:
Government shall Consult with a Yukon First Nation prior to taking action on Fish and Wildlife matters which may affect the Yukon First Nation's management responsibilities or the exercise of Harvesting rights under a Settlement Agreement of Yukon Indian People enrolled under that Yukon First Nation Final Agreement.

References Clauses:
16.5.4;

Cross reference:
16.3.3.2, 16.5.1

Project: Nominate alternate members to Mayo District Renewable Resources Council.

Responsible Party:
NNDFN, Yukon

Participant/Liaison:

Obligations Addressed:
The Minister and First Nation of Nacho Nyak Dun may each nominate one additional member as an alternate member to the Council.

Subject to 16.6.2.3, an alternate member may participate in the work of the Council.

An alternate member shall only receive remuneration and travel expenses and may only vote in the absence of a member nominated by the party which nominated the alternate.

References Clauses:
16.6.2.1, 16.6.2.2, 16.6.2.3;

Project: Nomination of Tetlit Gwich'in Members to Mayo District Renewable Resources Council

Responsible Party:
Yukon, NNDFN

Participant/Liaison:
Tetlit Gwich'in, Mayo District Renewable Resources Council

Obligations Addressed:
When considering matters respecting the Primary Use Area, the three members who are nominees of the First Nation of Nacho Nyak Dun shall be replaced by three members who are nominees of the Tetlit Gwich'in.

The Tetlit Gwich'in shall Consult with the First Nation of Nacho Nyak Dun prior to making its nominations to the Renewable Resources Council.

References Clauses:
16.6.2.4, 16.6.2.5

Project: Amendment of Wildlife Act

Responsible Party:
Yukon

Participant/Liaison:
Yukon First Nations, Renewable Resources Councils, Fish and Wildlife Management Board

Obligations Addressed:
The Minister shall recommend to the Yukon Legislative Assembly an amendment to the Wildlife Act, R.S.Y. 1986, c.178 to enable the Council to establish bylaws under the Wildlife Act, R.S.Y. 1986, c.178 pursuant to 16.6.10.6.

References Clauses:
16.6.13;

Cross reference:
16.6.10.6, 16.5.4, 16.7.16, 16.11.1

Project: Provision of research results/information to Mayo District Renewable Resources Council

Responsible Party:
Canada, Yukon, NNDFN

Participant/Liaison:
Mayo District Renewable Resources Council

Obligations Addressed:
Government shall provide Councils with the results of research under 16.6.10.11.

Upon request by the Council, the Minister and the affected Yukon First Nation shall make available to the Council information in their possession reasonably required for the Council to carry out its functions under this chapter.

References Clauses:
16.6.15, 16.6.17;

Cross reference:
16.6.10.11

Project: Allocation of Total Allowable Harvest for moose or woodland caribou.

Responsible Party:
Yukon, NNDFN

Participant/Liaison:
Mayo District Renewable Resources Council, Fish and Wildlife Management Board

Obligations Addressed:
In the event that a Total Allowable Harvest is established for moose or woodland caribou, for all or part of the Traditional Territory of the First Nation of Nacho Nyak Dun, which is outside of the Primary Use Area, the Total Allowable Harvest shall be allocated as follows:

Government shall allocate to the First Nation of Nacho Nyak Dun 75 percent of the Total Allowable Harvest or the estimated needs of the Nacho Nyak Dun established pursuant to 16.9.1.3(b) for the exercise of their rights under 16.4.0, whichever is less;

the Minister and the First Nation of Nacho Nyak Dun may agree to make exceptions to the allocation set out in 16.9.1.3 (a) in particular circumstances, but only after obtaining a recommendation of the Renewable Resources Council under 16.6.10.13(b);

the Council and the Board shall each send to the First Nation of Nacho Nyak Dun any recommendations which each makes pursuant to 16.6.10.1, 16.6.10.13(b), 16.7.12.4 or 16.9.4 on the allocation of the remainder of a Total Allowable Harvest;

the First Nation of the Nacho Nyak Dun may make representations to the Minister on the recommendations of the Board or the Council on the allocation of the Total Allowable Harvest not allocated to Nacho Nyak Dun;

whether or not the First Nation of Nacho Nyak Dun has made any representation under 16.9.1.3 (d), the Minister and the First Nation of Nacho Nyak Dun shall attempt to reach an agreement on the allocation of the Total Allowable Harvest not allocated to the Nacho Nyak Dun before the Minister makes a final decision;

nothing in 16.9.1.3 (f) shall be construed to require the Minister to exceed the time periods set out in 16.8.4 to 16.8.6; and

failing agreement, the Minister shall make a decision in accordance with 16.8.0.

References Clauses:
16.9.1.3 (a), (c), (d), (e), (f), (g), (h);
Cross reference 16.5.1, 16.5.4, 16.9.1.3 (b), 16.9.2, 16.6.10.1, 16.6.10.13 (b), 16.7.12.2, 16.7.12.4

Project: Establishment of estimated needs of NNDFN if Total Allowable Harvest is established.

Responsible Party:
Yukon, NNDFN

Participant/Liaison:
Mayo District Renewable Resources Council

Obligations Addressed:
The estimated needs of the Nacho Nyak Dun referred to in (a) shall be established in the following manner:

the First Nation of Nacho Nyak Dun shall provide its assessment of the estimated needs of the Nacho Nyak Dun to the Minister and the Mayo District Renewable Resources Council,

if the Minister disagrees with the First Nation of Nacho Nyak Dun's assessment of its estimated needs, the Minister and the First Nation of Nacho Nyak Dun shall attempt to agree on the estimated needs and, failing agreement, either party may refer the matter to the dispute resolution process under 26.3.0,

in establishing the estimated needs, an arbitrator appointed to resolve the dispute shall consider:

the matters set out in 16.9.6,

the health and nutritional needs as well as the cultural and social well being of the Nacho Nyak Dun, and