Maa-nulth First Nations Final Agreement




CHAPTER 4 SUBSURFACE RESOURCES

4.1.0 GENERAL

4.1.1 On the Effective Date, each Maa-nulth First Nation owns Subsurface Resources on or under its Maa-nulth First Nation Lands, except for the Subsurface Resources legally described in Appendix G, Part 2 located on or under the Maa-nulth First Nation Lands of Uchucklesaht Tribe identified for illustrative purposes as "Subject Lands" in Appendix G, Part 1.

4.1.2 Subject to 4.2.7, each Maa-nulth First Nation, as owner of Subsurface Resources, has the authority to set fees, rents, royalties and other charges, except taxes, for exploration, development, extraction and production of Subsurface Resources owned by that Maa-nulth First Nation.

4.1.3 For greater certainty, nothing in this Agreement confers authority on a Maa-nulth First Nation Government to make laws in respect of the exploration for, development, production, use or application of, nuclear energy and atomic energy or the production, possession or use, for any purpose, of nuclear substances, prescribed substances, prescribed equipment and prescribed information.

4.1.4 Nothing in this Agreement confers authority on a Maa-nulth First Nation Government to make laws in respect of:

a. spacing and target areas related to Petroleum and Natural Gas, or conservation or allocation of Petroleum and Natural Gas among parties having interests in the same reservoir;

or

b. Subsurface Tenures or Tenured Subsurface Resources.

4.1.5 Notwithstanding 13.14.2, Federal Law or Provincial Law prevails to the extent of a Conflict with a Maa-nulth First Nation Law relating to Subsurface Resources.

4.2.0 TENURED SUBSURFACE RESOURCES

4.2.1 For greater certainty, each Maa-nulth First Nation's ownership of Subsurface Resources described in 4.1.1 is subject to the applicable Subsurface Tenures listed in Appendices E-12, E-13 and E-15.

4.2.2 The Subsurface Tenures:

a. continue, as contemplated in 2.7.1c., in accordance with Provincial Law and this Agreement; and

b. are administered by British Columbia in accordance with Provincial Law and this Agreement.

4.2.3 Provincial Law applies to the exploration, development, extraction and production of Tenured Subsurface Resources as if the Tenured Subsurface Resources were owned by British Columbia.

4.2.4 In administering the Subsurface Tenures and Tenured Subsurface Resources, British Columbia may grant, as necessary, any related extensions, renewals, continuations or replacements and issue any further rights as the Tenured Subsurface Resources are developed.

4.2.5 British Columbia will:

a. ensure that any rents or royalties applicable to Tenured Subsurface Resources that British Columbia would have been entitled to receive after the Effective Date if those Tenured Subsurface Resources were owned by British Columbia, and any interest earned on those rents and royalties, will be paid to the applicable Maa-nulth First Nation; and

b. retain any fees, charges or other payments for administrative purposes applicable to Subsurface Tenures and Tenured Subsurface Resources under Provincial Law.

4.2.6 In administering the Subsurface Tenures and Tenured Subsurface Resources, British Columbia will notify the applicable Maa-nulth First Nation before changing or eliminating any rents or royalties applicable to the Tenured Subsurface Resources.

4.2.7 A Maa-nulth First Nation does not have the authority to establish fees, rents, royalties or other charges in relation to Subsurface Tenures or the exploration, development, extraction or production of Tenured Subsurface Resources.

4.2.8 Maa-nulth First Nation Lands are treated as private lands under Provincial Law respecting Subsurface Resources for the purposes of determining access rights and compensation rights associated with any proposed entrance, occupation or use of the surface by holders of Subsurface Tenures. For greater certainty, any disagreements between holders of Subsurface Tenures and owners of Maa-nulth First Nation Lands respecting entrance, occupation or use of an area of Maa-nulth First Nation Lands may be resolved under Provincial Law relating to entrance and compensation disputes involving Subsurface Resources.

4.2.9 If a Subsurface Tenure forfeits, is abandoned or surrendered to British Columbia under Provincial Law, the Tenured Subsurface Resources and the Maa-nulth First Nation Lands are no longer subject to that Subsurface Tenure.




CHAPTER 5 ACCESS

5.1.0 MAA-NULTH FIRST NATIONS' RIGHTS AND OBLIGATIONS

5.1.1 Except as modified by this Agreement, each Maa-nulth First Nation has the same rights and obligations in respect of public access to its Maa-nulth First Nation Lands as other owners of estates in fee simple have in respect of public access to their land.

5.1.2 Each Maa-nulth First Nation's liability for public access to its Maa-nulth First Nation Lands, other than Maa-nulth First Nation Private Lands, is comparable to the liability of the provincial Crown for public access to unoccupied provincial Crown lands.

5.2.0 DESIGNATION OF MAA-NULTH FIRST NATION PRIVATE LANDS

5.2.1 On the Effective Date, the Maa-nulth First Nation Lands identified for illustrative purposes as "Subject Lands" in Appendix H and legally described in Part 1(a) of the applicable Appendices B-2 to B-5 are designated as Maa-nulth First Nation Private Lands.

5.2.2 After the Effective Date, each Maa-nulth First Nation may designate portions of its Maa-nulth First Nation Lands as Maa-nulth First Nation Private Lands if:

a. that Maa-nulth First Nation has granted an Interest comparable to an Interest granted by British Columbia on provincial Crown lands that excludes public access; or

b. the Maa-nulth First Nation Lands are used for commercial, cultural, resource development or other uses that are incompatible with public access.

5.2.3 If a Maa-nulth First Nation intends to designate its Maa-nulth First Nation Lands as Maa-nulth First Nation Private Lands in accordance with 5.2.2, that Maa-nulth First Nation will:

a. provide reasonable notice to British Columbia, Canada and the public of the proposed designation; and

b. consider any views advanced by British Columbia, Canada or the public in respect of the proposed designation.

5.2.4 If a Maa-nulth First Nation intends to change the locations or boundaries of Maa-nulth First Nation Private Lands, it will:

a. provide reasonable notice to British Columbia, Canada and the public of the proposed changes; and

b. consider any views advanced by British Columbia, Canada or the public in respect of the proposed changes.

5.2.5 If the designation of Maa-nulth First Nation Public Lands as Maa-nulth First Nation Private Lands has the effect of preventing public access to an area or location to which there is a public right of access under Federal Law or Provincial Law such as navigable waters or Crown roads, the applicable Maa-nulth First Nation will provide reasonable alternative means of public access to that area or location.

5.2.6 Maa-nulth First Nation Lands described as "Subject Lands" in Appendix I may not be designated by the applicable Maa-nulth First Nation as Maa-nulth First Nation Private Lands without the consent of British Columbia.

Designation and Use of Former Provincial Park Land

5.2.7 Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations acknowledges that the public continues to have an interest in being able to access, for recreational purposes, the Maa-nulth First Nation Public Lands of Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations described as "Subject Lands" in Plans 1, 2, 4, 6 and 19 of Appendix B-2, Part 2 (a).

5.2.8 Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations will Consult with British Columbia before Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations designates any portion of those lands identified in 5.2.7 as its Maa-nulth First Nation Private Lands.

5.2.9 Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations will manage its Maa-nulth First Nation Lands identified in 5.2.7 to:

a. protect and maintain the biological diversity and natural environments in the area; and

b. prohibit commercial logging, mineral activities, hydro power generation, other than local run-of-the-river projects, or any other activity that is inconsistent with the recreational values of the area.

5.3.0 LAW-MAKING

5.3.1 Each Maa-nulth First Nation Government may make laws regulating public access on the Maa-nulth First Nation Lands of the applicable Maa-nulth First Nation for the purpose of:

a. prevention of harvesting or extracting of resources owned by that Maa-nulth First Nation;

and

b. protection of that Maa-nulth First Nation's Heritage Sites.

5.3.2 Maa-nulth First Nation Law under 5.3.1 prevails to the extent of a Conflict with Federal Law or Provincial Law.

5.3.3 Each Maa-nulth First Nation Government may make laws regulating public access on the Maa-nulth First Nation Lands of the applicable Maa-nulth First Nation for the purpose of:

a. public safety;

b. prevention of nuisance or damage, including forest fire prevention; and

c. protection of sensitive habitat.

5.3.4 Federal Law or Provincial Law prevails to the extent of a Conflict with Maa-nulth First Nation Law under 5.3.3.

5.3.5 Each Maa-nulth First Nation Government will Consult with British Columbia and Canada in respect of a Maa-nulth First Nation Law proposed by it that would significantly affect public access on the Maa-nulth First Nation Public Lands of the applicable Maa-nulth First Nation.

5.4.0 PUBLIC ACCESS ON MAA-NULTH FIRST NATION LANDS

5.4.1 Each Maa-nulth First Nation will allow reasonable public access on its Maa-nulth First Nation Public Lands for temporary recreational uses and temporary non-commercial purposes, including reasonable opportunities for the public to hunt and fish on its Maa-nulth First Nation Public Lands, but public access does not include:

a. harvesting or extracting resources unless authorized by that Maa-nulth First Nation or as in accordance with this Agreement;

b. causing damage to Maa-nulth First Nation Lands or resources on Maa-nulth First Nation Lands;

c. causing nuisance; or

d. interfering with other uses authorized by that Maa-nulth First Nation or interfering with the ability of that Maa-nulth First Nation to authorize uses or Dispose of its Maa-nulth First Nation Lands.

5.4.2 For greater certainty, public access contemplated by 5.4.1 will be in accordance with applicable Maa-nulth First Nation Law regulating public access to Maa-nulth First Nation Lands.

5.4.3 Each Maa-nulth First Nation will take reasonable measures to notify the public of the terms and conditions respecting public access to its Maa-nulth First Nation Public Lands.

5.5.0 CROWN ACCESS TO MAA-NULTH FIRST NATION LANDS

5.5.1 Members of the Canadian Armed Forces, peace officers and agents, employees, contractors, subcontractors and other representatives of Canada, British Columbia and Public Utilities have access, in accordance with Federal Law or Provincial Law, at no cost, to Maa-nulth First Nation Lands in order to:

a. enforce laws;

b. carry out duties under Federal Law or Provincial Law;

c. respond to emergencies;

d. deliver programs and services; or

e. carry out other specified purposes as described in this Agreement.

5.5.2 Any person exercising a right of access in accordance with 5.5.1 will act in accordance with Federal Law or Provincial Law, including the payment of compensation for any damage to Maa-nulth First Nation Lands if required by Federal Law or Provincial Law.

5.5.3 Nothing in this Agreement limits the authority of Canada or the Minister of National Defence to carry out activities related to national defence and security on Maa-nulth First Nation Lands, without payment of any fees or other charges to the applicable Maa-nulth First Nation except as provided for under Federal Law.

5.6.0 MAA-NULTH FIRST NATION ACCESS TO CROWN LANDS

5.6.1 Each Maa-nulth First Nation's agents, employees, contractors, subcontractors and other representatives have access, in accordance with Federal Law or Provincial Law, at no cost, to provincial Crown lands in order to:

a. enforce Maa-nulth First Nation Law of the applicable Maa-nulth First Nation Government;

b. carry out duties under Maa-nulth First Nation Law of the applicable Maa-nulth First Nation Government;

c. respond to emergencies;

d. deliver programs and services; or

e. carry out other specified purposes as described in this Agreement.

5.6.2 Any person exercising a right of access in accordance with 5.6.1 will act in accordance with Federal Law or Provincial Law, including the payment of compensation for any damage to provincial Crown lands if required by Federal Law or Provincial Law.

5.6.3 Maa-nulth-aht have reasonable access to provincial Crown lands to allow for the exercise of the Maa-nulth First Nation Section 35 Rights of the applicable Maa-nulth First Nation, including use of resources for purposes incidental to the normal exercise of those rights, provided that such access and incidental use of resources are in accordance with Federal Law or Provincial Law and do not interfere with authorized uses or the ability of British Columbia to authorize uses or Dispose of provincial Crown lands.

5.6.4 If an authorized use or Disposition of provincial Crown land would deny Maa-nulth-aht reasonable access to Maa-nulth First Nation Lands, British Columbia will provide Maa-nulth-aht with reasonable alternative means of access to Maa-nulth First Nation Lands.

5.7.0 ACCESS TO INTERESTS AND ESTATES IN FEE SIMPLE

5.7.1 The applicable Maa-nulth First Nation will allow reasonable access across its Maa-nulth First Nation Lands, at no cost, to the Interests listed in Appendices E-1 to E-5, E-7 to E-9 and E-16 to E-20, consistent with the terms and conditions of those Interests.

5.7.2 If no other reasonable access exists across Crown land, each Maa-nulth First Nation will allow reasonable access across its Maa-nulth First Nation Lands to any Interest located on or beneath lands adjacent or in close proximity to such Maa-nulth First Nation Lands, consistent with the terms and conditions of those Interests.

5.7.3 The applicable Maa-nulth First Nation will allow reasonable access at least as favourable as that which exists immediately before the Effective Date across its Maa-nulth First Nation Lands, at no cost, to the lands described in Appendix J or any subdivided portions thereof.

5.7.4 If the owner of a parcel of land identified in Appendix K requires a right of access to that parcel other than that access provided in accordance with 5.7.3, the applicable Maa-nulth First Nation will not withhold its consent to that right of access if:

a. the owner of the parcel offers fair compensation; and

b. the owner of the parcel and that Maa-nulth First Nation agree on the terms of access.

5.7.5 If no other reasonable access exists across Crown land, each Maa-nulth First Nation will allow reasonable access across its Maa-nulth First Nation Lands to an estate in fee simple located in close proximity to such Maa-nulth First Nation Lands.

5.7.6 British Columbia or the applicable Maa-nulth First Nation may refer any Disagreement in respect of 5.7.0 to be finally determined by arbitration in accordance with Chapter 25 Dispute Resolution without having to proceed through Stages One and Two.

5.8.0 NAVIGABLE WATERS

5.8.1 Nothing in this Agreement affects the public right of navigation.




CHAPTER 6 ROLE OF MAA-NULTH FIRST NATIONS WITHIN MAA-NULTH FIRST NATION AREAS

6.1.0 GENERAL

6.1.1 Each Maa-nulth First Nation has a role related to economic activities, governance activities and cultural activities within its Maa-nulth First Nation Area in accordance with the specific provisions of this Agreement identified in this Chapter.

6.2.0 ECONOMIC ACTIVITIES

6.2.1 Nothing in this Agreement precludes each Maa-nulth First Nation from participating in or benefiting from provincial benefits-sharing programs in accordance with the general criteria established for those programs from time to time.

6.2.2 Nothing in this Agreement precludes each Maa-nulth First Nation from entering into arrangements for economic opportunities with third parties, providing those arrangements are consistent with this Agreement.

6.2.3 Resource revenue payments are provided to each Maa-nulth First Nation by Canada and British Columbia in accordance with 17.1.3.

6.2.4 Commercial fishing opportunities are provided to the Maa-nulth First Nations through licences issued to the Maa-nulth First Nations in accordance with the Maa-nulth Harvest Agreement negotiated in accordance with 10.2.1.

6.2.5 The opportunity to add land to its Maa-nulth First Nation Lands is provided to each Maa-nulth First Nation in accordance with 2.10.0.

6.2.6 The opportunity to apply for commercial recreation tenures on provincial Crown land is provided to each Maa-nulth First Nation in accordance with 2.13.0.

6.2.7 The opportunity to apply for shellfish aquaculture tenures is provided to each Maa-nulth First Nation in accordance with 10.2.10.

6.3.0 GOVERNANCE ACTIVITIES

6.3.1 Nothing in this Agreement precludes any Maa-nulth First Nation from participating in processes or institutions, including processes or institutions that may address matters of shared decision-making, or benefits from future provincial programs, policies or initiatives of general application to First Nations as British Columbia develops a new relationship with First Nations.

6.3.2 The opportunity to participate in fisheries related management activities in the Domestic Fishing Area through the Joint Fisheries Committee is provided to the Maa-nulth First Nations in accordance with 10.4.3 and 10.4.8.

6.3.3 The opportunity to participate in any regional fisheries committee with respect to an area that includes all or part of the Domestic Fishing Area is provided to the Maa-nulth First Nations in accordance with 10.4.17.

6.3.4 The opportunity to participate in any public fisheries management advisory process that encompasses all or a portion of the Domestic Fishing Area is provided to the Maa-nulth First Nations in accordance with 10.4.27.

6.3.5 The opportunity to be Consulted on the proposed establishment of a public fisheries management advisory process for the west coast of Vancouver Island is provided to the Maa-nulth First Nations in accordance with 10.4.28.

6.3.6 The opportunity to be Consulted by Canada on a process for participants to enter a new emerging commercial fishery off the west coast of Vancouver Island and how the fishery should be allocated among participants is provided to the Maa-nulth First Nations in accordance with 10.2.6.

6.3.7 The opportunity to participate in any public Wildlife advisory committee in respect of the Wildlife Harvest Area is provided to each Maa-nulth First Nation in accordance with 11.10.1.

6.3.8 The opportunity to negotiate an agreement with British Columbia on a process to evaluate uses and Dispositions of provincial Crown land that may impact a Maa-nulth First Nation's reasonable opportunity to harvest Wildlife is provided to that Maa-nulth First Nation in accordance with 11.1.6.

6.3.9 The opportunity to negotiate an agreement with British Columbia on a process to evaluate uses and Dispositions of provincial Crown land that may impact a Maa-nulth First Nation's reasonable opportunity to harvest Migratory Birds is provided to that Maa-nulth First Nation in accordance with 12.1.6.

6.3.10 The opportunity to negotiate an agreement with British Columbia on a process to evaluate uses and Dispositions of provincial Crown land that may impact a Maa-nulth First Nation's reasonable opportunity to harvest Fish and Aquatic Plants is provided to that Maa-nulth First Nation in accordance with 10.1.11.

6.3.11 The opportunity to be Consulted by Canada and to request negotiation of an agreement regarding certain matters relating to any National Park or National Marine Conservation Area wholly or partially within its Maa-nulth First Nation Area is provided to each Maa-nulth First Nation in accordance with 23.10.1 and 23.10.2.

6.3.12 The opportunity to participate in any public management planning process with respect to any Provincial Protected Area in its Maa-nulth First Nation Area is provided to each Maa-nulth First Nation in accordance with 24.5.1.

6.3.13 The opportunity to be Consulted by British Columbia regarding certain matters relating to the preparation or modification of any management plan for a Provincial Protected Area wholly or partially within its Maa-nulth First Nation Area is provided to each Maa-nulth First Nation in accordance with 24.5.6.

6.3.14 The opportunity to be Consulted by Canada before the establishment of any National Park or National Marine Conservation Area that is wholly or partially within its Maa-nulth First Nation Area is provided to each Maa-nulth First Nation in accordance with 23.9.1.

6.3.15 The opportunity to consent or withhold consent to the removal of a part of a National Park or National Marine Conservation Area that is within its Maa-nulth First Nation Area, except where it is a part of Pacific Rim National Park Reserve, is provided to each Maa-nulth First Nation in accordance with 23.9.2.

6.3.16 The opportunity to participate in the design and conduct and receive the results of studies in relation to enlarging a National Park or National Marine Conservation Area within its Maa-nulth First Nation Area is provided to each Maa-nulth First Nation in accordance with 23.9.3.

6.3.17 The opportunity to be Consulted by British Columbia regarding the creation of any new Provincial Protected Area in its Maa-nulth First Nation Area is provided to each Maa-nulth First Nation in accordance with 24.1.3.

6.3.18 The opportunity to be involved in an Environmental Assessment in respect of a Federal Project or a Provincial Project located within its Maa-nulth First Nation Area is provided to each Maa-nulth First Nation in accordance with 22.2.1 and 22.3.1, respectively.

6.3.19 The opportunity to negotiate an agreement with British Columbia that will provide each Maa-nulth First Nation Government with law-making authority in relation to the applicable Foreshore Area is provided to each Maa-nulth First Nation in accordance with 14.5.1.

6.3.20 The opportunity to participate in the applicable Regional District Board is provided to each Maa-nulth First Nation in accordance with 14.2.0 and 14.3.0.

6.3.21 The ability to make laws in respect of the adoption of Maa-nulth First Nation Children residing in British Columbia is provided to each Maa-nulth First Nation Government in accordance with 13.15.3.

6.3.22 The opportunity to negotiate an agreement with British Columbia regarding Child Protection Services for Maa-nulth-aht who reside in British Columbia is provided to each Maa-nulth First Nation in accordance with 13.16.8a.

6.3.23 The opportunity to negotiate an agreement with British Columbia regarding the provision of kindergarten to grade 12 education for its Maa-nulth-aht who reside in British Columbia is provided to each Maa-nulth First Nation in accordance with 13.20.5b.

6.4.0 CULTURAL ACTIVITIES

6.4.1 The ability to practice the Nuu-chah-nulth culture and to use the Nuu-chah-nulth language in a manner consistent with this Agreement is provided to Maa-nulth-aht in accordance withthe right described in 21.1.1.

6.4.2 The ability to exercise its Maa-nulth First Nation Renewable Resource Harvesting Right in its Renewable Resource Harvesting Area is provided to the applicable Maa-nulth First Nation in accordance with 23.1.1.

6.4.3 The ability to exercise its right to Trade and Barter renewable resources harvested under its Maa-nulth First Nation Renewable Resource Harvesting Right, among themselves or with other aboriginal people of Canada resident in British Columbia, is provided to each Maa-nulth First Nation in accordance with 23.2.1.

6.4.4 The ability to have access to a National Park or National Marine Conservation Area that is wholly or partially within the Maa-nulth First Nation Areas, without a fee being charged is provided to Maa-nulth-aht in accordance with 23.9.4.

6.4.5 The opportunity to provide names for key geographic features in the Maa-nulth First Nation Areas is provided to the Maa-nulth First Nations in accordance with 20.7.0.

6.4.6 The ability to exercise its Maa-nulth First Nation Right to Gather Plants in Provincial Protected Areas wholly or partially within its Maa-nulth First Nation Area is provided to each Maa-nulth First Nation in accordance with 24.6.1.

6.4.7 The ability to exercise its right to Trade and Barter Plants, and the boughs, burls and roots of Timber gathered under its Maa-nulth First Nation Right to Gather Plants, among themselves or with other aboriginal people of Canada resident in British Columbia, is provided to each Maa-nulth First Nation in accordance with 24.6.11.

6.4.8 The ability to exercise its Maa-nulth First Nation Fishing Right in its Domestic Fishing Area is provided to each Maa-nulth First Nation in accordance with 10.1.1.

6.4.9 The ability to exercise its right to Trade and Barter Fish and Aquatic Plants harvested under its Maa-nulth First Nation Fishing Right, among themselves or with other aboriginal people of Canada, is provided to each Maa-nulth First Nation in accordance with 10.1.4.

6.4.10 The ability to exercise its Maa-nulth First Nation Right to Harvest Wildlife in the Wildlife Harvest Area is provided to each Maa-nulth First Nation in accordance with 11.1.1.

6.4.11 The ability to exercise its right to Trade and Barter Wildlife, Wildlife parts, including meats and furs, harvested under its Maa-nulth First Nation Right to Harvest Wildlife, among themselves or with other aboriginal people of Canada resident in British Columbia, is provided to each Maa-nulth First Nation in accordance with 11.12.1.

6.4.12 The ability to exercise its Maa-nulth First Nation Right to Harvest Migratory Birds in the Migratory Birds Harvest Area is provided to each Maa-nulth First Nation in accordance with 12.1.1.

6.4.13 The ability to exercise its right to Trade and Barter Migratory Birds harvested under its Maa-nulth First Nation Right to Harvest Migratory Birds, among themselves or with other aboriginal people of Canada resident in British Columbia, is provided to each Maa-nulth First Nation in accordance with 12.2.1.

6.4.14 The opportunity to enter into an agreement with British Columbia regarding the harvest of Monumental Cedar and Cypress for Cultural Purposes on provincial Crown land is provided to each Maa-nulth First Nation in accordance with 21.3.0.

6.4.15 The opportunity for Toquaht Nation to negotiate an agreement regarding the Stopper Islands with British Columbia concerning measures to protect cultural, recreational and environmental values and Toquaht Nation's participation in the management planning of those islands, is provided to Toquaht Nation in accordance with 21.4.1.

6.4.16 The opportunity for Huu-ay-aht First Nations to negotiate an agreement regarding Diana Island with British Columbia concerning measures to protect cultural, recreational and environmental values and Huu-ay-aht First Nations' participation in the management planning of that island, is provided to Huu-ay-aht First Nations in accordance with 21.5.1.

6.4.17 The commitment of British Columbia to establish Thunderbird's Nest (T'iitsk'in Paawats) Protected Area and the opportunity for Uchucklesaht Tribe to negotiate and attempt to reach agreement with British Columbia regarding arrangements for the participation of Uchucklesaht Tribe in the management planning of Thunderbird's Nest (T'iitsk'in Paawats) Protected Area is provided to Uchucklesaht Tribe in accordance with 24.3.1 and 24.1.5 respectively.

6.4.18 The commitment of British Columbia to establish the Power River Watershed Protected Area and the opportunity for Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations to negotiate and attempt to reach agreement with British Columbia regarding arrangements for Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations' participation in the management planning of Artlish Caves Provincial Park,
Big Bunsby Marine Provincial Park, Brooks Peninsula Provincial Park, Dixie Cove Marine Provincial Park, Rugged Point Marine Provincial Park, Tahsish-Kwois Provincial Park, Checleset Bay Ecological Reserve, Clanninick Creek Ecological Reserve, Solander Island Ecological Reserve, Tahsish River Ecological Reserve and Power River Watershed Protected Area is provided to Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations in accordance with 24.2.1 and 24.1.4 respectively.

6.4.19 The opportunity to negotiate and attempt to reach agreement with British Columbia regarding arrangements for the participation in the management planning of any new Provincial Protected Area established within its Maa-nulth First Nation Area is provided to each Maa-nulth First Nation in accordance with 24.1.6.