The Carcross/Tagish First Nation (CTFN) Final and Self-Government Agreements
signed on October 22, 2005 in Carcross, Yukon provide the basis for new
government-to-government relationships and a strengthened and forward-looking
partnership.
The land claim settlement provides the Carcross/Tagish First Nation with
ownership and control over its Settlement Lands and opportunities to participate
in planning land use of public lands within its Traditional Territory.
The agreement provides certainty by clarifying land and resource ownership,
use and management. It provides a foundation for economic and resource
development opportunities to promote the Carcross/Tagish people's participation
in the Yukon's economy and to improve the quality of life for the citizens
of the Carcross/Tagish First Nation.
The self-government agreement provides the Carcross/Tagish First Nation
with tools to renew its historical self-reliance and traditional governance,
to protect its land, languages and way of life, to strengthen its economy
and community, and to chart its own future.
Negotiated under the terms of the Umbrella Final Agreement (1993), these
agreements also contain specific provisions that address the particular
interests and characteristics of the Carcross/Tagish First Nation.
The information that follows highlights key provisions related to the
rights and benefits contained in the CTFN Final and Self-Government Agreements:
A. Land
- Ownership of approximately 1561 square kilometres (602 square miles)
of Settlement Land which includes 1036 square kilometres (400 square
miles) of Category A Settlement Land on which the Carcross/Tagish First
Nation will own both the surface and subsurface resources including
any minerals and oil and gas.
- Unique provisions in the Carcross/Tagish First Nation Final Agreement
include the establishment of two new Special Management Areas (SMAs):
the Agay Mene Natural Environment Park and the Tagish River Habitat
Protection Area. Under its Final Agreement, the Carcross/Tagish First
Nation also participates in planning the management of the Lewes Marsh
Wetland Habitat Protection Area (in conjunction with the Kwanlin Dün
First Nation and Ta'an Kwach'an Council), and Kusawa Park (in conjunction
with the Kwanlin Dün First Nation and the Champagne and Aishihik
First Nations) established pursuant to the Kwanlin Dün First Nation
Final Agreement.
- Under the Schedules for these Special Management Areas, the CTFN
people will retain their right to harvest Fish and Wildlife and Forest
Resources in accordance with the Carcross/Tagish First Nation Final
Agreement subject to the provisions of the Approved Management Plans.
A variety of economic opportunities are made available to these participating
First Nations.
B. Fish and Wildlife Harvesting
Carcross/Tagish First Nation's participation in fish and wildlife management
decisions in its Traditional Territory are now enhanced and will include:
- The right to harvest fish and wildlife for subsistence throughout
CTFN's Traditional Territory at all times of the year, including in
Special Management Areas, subject to certain limitations for conservation
and public safety reasons.
- Recognition in the CTFN Final Agreement of the special importance
of a number of lakes in CTFN's Traditional Territory when government
allocates freshwater fish between Carcross/Tagish people and other users.
C. Renewable and Heritage Resources Management
- CTFN will have the power to pass certain laws with respect to fish
and wildlife, and habitat, as well as other matters, on Settlement Land
that will apply to all persons harvesting on Settlement Land.
- Participation in decision-making affecting fish and wildlife on Non-Settlement
Land within CTFN's Traditional Territory will occur through representation
on the Renewable Resources Council and the Southern Lakes Wildlife Coordinating
Committee.
- CTFN will share ownership of the The Tagish North West Mounted Police
Heritage Site and the Conrad Historic Site with the Yukon and will be
involved in managing the sites.
- Ownership and management of certain heritage resources found on CTFN
Settlement Land, as well as heritage resources found within CTFN's Traditional
Territory related to the culture and history of CTFN.
- Development of measures to promote the preservation of the Tagish
and Tlingit languages for the benefit of future generations.
D. Funding and Economic Development
The Carcross/Tagish First Nation will receive the following economic
benefits:
- Approximately $38 million in financial compensation will be paid
over the next 15 years, another $5.28 million as a "re-indexation"
payment, less the loan repayment amounts for land claim negotiations
and the elders benefit program.
- Economic Development Strategic Investment funding of approximately
$5.6 million will be paid for economic development, training and education
of Carcross/Tagish people.
- Funding to deliver programs and services transferred to the Carcross/Tagish
First Nation under the Programs and Services Transfer Agreement.
- Mineral royalties earned on Category A Settlement Land, as well as
a share of resource royalties generated on Non-Settlement Land, Category
B and Fee Simple Settlement Land related to mining and oil and gas.
- Employment and business opportunities including those related to
certain projects within CTFN's Traditional Territory.
- Within Kusawa Park, CTFN will have exclusive wilderness adventure
travel opportunities on the portion of the Chilkat Trail which is within
CTFN's Traditional Territory, subject to existing commercial operations
at existing levels and provided that there is no negative impact on
non-commercial recreational users.
- Development of a regional economic development plan for CTFN's Traditional
Territory to take advantage of economic development opportunities arising
from the Final Agreement.
E. Self-Government
- On the effective date, the Carcross/Tagish First Nation Band will
cease to exist and will be succeeded by the Carcross/Tagish First Nation.
- The Carcross/Tagish First Nation will have a wide range of law-making
powers. These include laws that will apply to Settlement Land, as well
as laws that will apply to CTFN citizens who live in the Yukon.
- CTFN will have the ability to make laws on its Settlement Land in
the areas of land use, resource development, hunting, fishing, the administration
of justice, environmental, fish and wildlife protection, licensing,
taxation for local purposes and the regulation of business.
- With respect to its citizens, CTFN will have exclusive powers to
make laws in relation to its internal affairs and the management of
the rights and benefits realized under the Carcross/Tagish First Nation
Final and Self-Government Agreements. CTFN will have the authority to
enact laws with respect to the provision of programs and services in
the areas of language, culture and spiritual beliefs; health care; adoption
of CTFN citizens, guardianship, custody, care and placement of CTFN
children, marriage, social welfare, training programs, and other matters.
- CTFN can negotiate Program and Service Transfer Agreements (PSTAs)
with government for the transfer of programs and services falling within
CTFN's jurisdiction.