Maa-nulth First Nations Final Agreement




CHAPTER 7 CROWN CORRIDORS AND ROADS

7.1.0 CROWN CORRIDORS

7.1.1 For greater certainty, Crown Corridors are not part of Maa-nulth First Nation Lands and are owned by British Columbia. The width of Crown Corridors is 30 metres unless otherwise described in Appendix D.

7.1.2 British Columbia will Consult with a Maa-nulth First Nation regarding new uses or major road construction within Crown Corridors adjacent to its Maa-nulth First Nation Lands.

7.2.0 CROWN CORRIDORS AND PUBLIC UTILITIES

7.2.1 In addition to the provisions of Chapter 5 Access, British Columbia or a Public Utility and its respective employees, agents, contractors or representatives may enter, cross and stay temporarily on Maa-nulth First Nation Lands at no cost for the purpose of undertaking works, including:

a. constructing drainage works;

b. constructing or extending transmission or distribution works;

c. maintaining slope stability;

d. removing dangerous Timber or other hazards; or

e. carrying out vegetation management,

as required for the protection, care, maintenance or construction of Provincial Roads, or Public Utility works on or adjacent to Maa-nulth First Nation Lands.

7.2.2 Unless otherwise agreed to by a Maa-nulth First Nation, Timber removed from its Maa-nulth First Nation Lands in accordance with 7.2.1 remains the property of that Maa-nulth First Nation.

7.2.3 Before British Columbia or a Public Utility commences any work referred to in 7.2.1 on the Maa-nulth First Nation Lands of a Maa-nulth First Nation, British Columbia or the Public Utility will:

a. provide notice to that Maa-nulth First Nation of its intention to carry out work; and

b. if requested by that Maa-nulth First Nation, deliver a work plan to that Maa-nulth First Nation describing the effect and extent of the proposed work on those Maa-nulth First Nation Lands for approval, which will not be unreasonably withheld.

7.2.4 If, within 30 days of the delivery of a work plan delivered in accordance with 7.2.3, a Maa-nulth First Nation does not approve the content of the work plan, either British Columbia or that Maa-nulth First Nation may refer the Disagreement to be finally determined by arbitration in accordance with Chapter 25 Dispute Resolution without having to proceed through Stages One and Two.

7.2.5 Notwithstanding any other provision of this Agreement, British Columbia or a Public Utility may undertake works and take steps on Maa-nulth First Nation Lands that are urgently required in order to protect works constructed on Crown Corridors, or to protect individuals or vehicles using Crown Corridors.

7.2.6 British Columbia or a Public Utility will notify the applicable Maa-nulth First Nation that it has undertaken works on its Maa-nulth First Nation Lands in accordance with 7.2.5.

7.2.7 In undertaking works referred to in 7.2.1, the person undertaking the work will minimize the damage to and time spent on Maa-nulth First Nation Lands, and will pay compensation for any interference with or damage to Maa-nulth First Nation Lands that results from work undertaken by or on behalf of the person.

7.2.8 British Columbia or the applicable Maa-nulth First Nation may refer a Disagreement in respect of compensation to be paid in accordance with 7.2.7 to be finally determined by arbitration in accordance with Chapter 25 Dispute Resolution without having to proceed through Stages One and Two.

7.2.9 Any Interest granted or issued by a Maa-nulth First Nation in accordance with 2.7.0 prevails to the extent of an inconsistency with 7.2.1 to 7.2.4, 7.2.7 or 7.2.8.

7.3.0 CROWN CORRIDORS NO LONGER REQUIRED

7.3.1 If British Columbia determines that it no longer requires any portion of a Crown Corridor it will transfer the estate in fee simple, including the Subsurface Resources, in that portion of the Crown Corridor to the applicable Maa-nulth First Nation.

7.3.2 If a Maa-nulth First Nation acquires a portion of a Crown Corridor in accordance with 7.3.1, such parcel of land will be added to its Maa-nulth First Nation Lands upon that Maa-nulth First Nation becoming the owner of such parcel of land and Appendix B is deemed to be amended to reflect such addition to Maa-nulth First Nation Lands, unless that Maa-nulth First Nation provides notice to British Columbia and Canada before it becomes the owner of such parcel of land that such lands are not to be added to its Maa-nulth First Nation Lands.

7.3.3 When a Maa-nulth First Nation becomes the owner of an estate in fee simple in accordance with  7.3.1 , the total amount of the estate in fee simple identified in 2.11.8 for that Maa-nulth First Nation increases by five percent of the area, in hectares, of the estate in fee simple transferred in accordance with  7.3.1 to that Maa-nulth First Nation.

7.4.0 RELOCATION OF CROWN CORRIDORS

7.4.1 British Columbia may request that a portion of a Crown Corridor be relocated onto the Maa-nulth First Nation Lands of a Maa-nulth First Nation and if:

a. the new location is reasonably suitable for use as a corridor;

b. British Columbia pays all reasonable costs associated with decommissioning that portion of the Crown Corridor; and

c. British Columbia and that Maa-nulth First Nation reach agreement on the value of the land exchange,

that Maa-nulth First Nation will not unreasonably refuse to provide its consent to the relocation.

7.4.2 If a Maa-nulth First Nation requires a portion of a Crown Corridor for another purpose, that Maa-nulth First Nation may request that a portion of a Crown Corridor be relocated, and if:

a. the new location is reasonably suitable for use as a corridor of a comparable standard considering construction, maintenance, operation, and costs;

b. British Columbia and that Maa-nulth First Nation reach agreement on the value of the land exchange; and

c. that Maa-nulth First Nation pays all reasonable costs, including costs of design, planning, supervision, land, and construction,

British Columbia will not unreasonably refuse to undertake the relocation.

7.4.3 If a Crown Corridor is relocated as a result of a consent provided by a Maa-nulth First Nation or British Columbia in accordance with 7.4.1 or 7.4.2:

a. any portion of a Crown Corridor transferred to that Maa-nulth First Nation will cease to be a Crown Corridor and will become Maa-nulth First Nation Lands of that Maa-nulth First Nation; and

b. any Maa-nulth First Nation Lands transferred to British Columbia will cease to be Maa-nulth First Nation Lands and will become a Crown Corridor,

and, upon any such transfer, Appendices B and D are deemed to be amended to reflect such relocation.

7.5.0 CONSULTATION REGARDING TRAFFIC REGULATION

7.5.1 Upon request of a Maa-nulth First Nation, British Columbia will Consult with that Maa-nulth First Nation in respect of the regulation by British Columbia of traffic and transportation on a Crown Corridor adjacent to a developed area on its Maa-nulth First Nation Lands.

7.6.0 ACCESS AND SAFETY REGULATION

7.6.1 Nothing in this Agreement limits the authority of British Columbia to regulate all matters relating to:

a. the location and design of intersecting Maa-nulth First Nation Roads giving access to Crown Corridors from Maa-nulth First Nation Lands, including:

i. regulating or requiring signs, signals, or other traffic control devices;

ii. regulating or requiring merging lanes, on ramps and off ramps; or

iii. requiring contributions to the cost of the matters referred to in 7.6.1a.i. and 7.6.1a.ii.; and

b. the height and location of structures on Maa-nulth First Nation Lands immediately adjacent to Crown Corridors, but only to the extent reasonably required to protect the safety of the users of Crown Corridors.

7.6.2 British Columbia will provide the applicable Maa-nulth First Nation with any licence, permit or approval required under Provincial Law to join or cross a Provincial Road with a Maa-nulth First Nation Road if:

a. the application for the required licence, permit or approval complies with Provincial Law, including the payment of any prescribed fees; and

b. the intersecting Maa-nulth First Nation Road complies with standards established under Provincial Law for equivalent Provincial Roads.

7.6.3 Each Maa-nulth First Nation will Consult with British Columbia on any access or public safety issue associated with land use decisions relating to the development of its Maa-nulth First Nation Lands adjacent to Crown Corridors.

7.7.0 ROADS

7.7.1 Maa-nulth First Nation Roads are administered, controlled and maintained by the applicable Maa-nulth First Nation.

7.7.2 Subject to 5.2.5, 5.4.0, 5.5.0, and 5.7.0, for greater certainty 7.7.1 includes the ability of each Maa-nulth First Nation Government to authorize:

a. the closure of a Maa-nulth First Nation Road, or a portion of it, to public use; or

b. the reopening of a Maa-nulth First Nation Road or portion of it that has been closed to public use.

7.8.0 USE OF EXISTING GRAVEL PITS ON MAA-NULTH FIRST NATION LANDS

7.8.1 British Columbia and its employees, agents, contractors or representatives may enter onto Maa-nulth First Nation Lands and extract, refine and transport, without charge, sufficient quantities of Gravel from Gravel pits existing on the Effective Date to fulfil any obligations British Columbia may have to construct, maintain, repair or upgrade Provincial Roads and public rights of way in the vicinity of the applicable Maa-nulth First Nation Lands.

7.8.2 Subject to 7.8.4, where a Gravel Pit Development Plan does not exist for a Gravel pit on Maa-nulth First Nation Lands, before commencing any extraction, refinement or transportation of Gravel in that Gravel pit, British Columbia will prepare a Gravel Pit Development Plan for that Gravel pit and submit it to the applicable Maa-nulth First Nation for approval, which approval will not be unreasonably withheld.

7.8.3 British Columbia and the applicable Maa-nulth First Nation will comply with the provisions of an approved Gravel Pit Development Plan.

7.8.4 Without preparing a Gravel Pit Development Plan, British Columbia and its employees, agents, contractors, or representatives may continue to enter onto Maa-nulth First Nation Lands and extract and transport, without charge, Gravel from a Gravel pit which before the Effective Date British Columbia had been using intermittently as a source of Gravel to maintain Provincial Roads and public rights of way in the vicinity of Maa-nulth First Nation Lands.

7.8.5 Before materially increasing the rate of extraction of Gravel from any Gravel pit British Columbia may use in accordance with 7.8.4, British Columbia will prepare a Gravel Pit Development Plan for that pit.

7.9.0 DEVELOPMENT OF NEW GRAVEL PITS ON MAA-NULTH FIRST NATION LANDS

7.9.1 Subject to 7.9.2 and 7.9.4, British Columbia and its employees, agents, contractors, or representatives may enter onto Maa-nulth First Nation Lands to locate, extract, refine and transport, without charge, sufficient quantities of Gravel from natural deposits as may exist on Maa-nulth First Nation Lands for use by British Columbia to fulfil any obligations it may have to construct, maintain, repair and upgrade Provincial Roads and public rights of way in the vicinity of the applicable Maa-nulth First Nation Lands.

7.9.2 Before undertaking any excavation for Gravel samples or other exploration work on Maa-nulth First Nation Lands in accordance with 7.9.1, British Columbia will prepare an exploration plan, indicating generally the proposed location of exploration and the method and extent of proposed work, for approval by that Maa-nulth First Nation, which approval will not be unreasonably withheld.

7.9.3 In preparing an exploration plan in accordance with 7.9.2:

a. British Columbia will select a proposed location to explore for a Gravel pit, taking into account the effect of a development at that proposed location on:

i. the lands adjacent to the proposed location; and

ii. any unique attributes of the lands at the proposed location and adjacent lands; and

b. in considering whether to approve that plan, that Maa-nulth First Nation will take account of the cost efficiencies of the proposed location in relation to alternate locations.

7.9.4 Before commencing any extraction, refinement or transportation of Gravel from any Gravel pit identified in an exploration plan approved by a Maa-nulth First Nation in accordance with 7.9.2, British Columbia will prepare a Gravel Pit Development Plan for that Gravel pit and submit it to that Maa-nulth First Nation for approval which approval will not be unreasonably withheld.

7.10.0 USE OF GRAVEL PITS AND DEPOSITS ON PROVINCIAL
CROWN LAND

7.10.1 Subject to 7.10.4 and 7.10.5, each Maa-nulth First Nation may enter onto provincial Crown lands and extract, refine and transport, without charge, sufficient quantities of Gravel from Gravel pits existing on the Effective Date on provincial Crown lands in the vicinity of its Maa-nulth First Nation Lands, to fulfil any obligations it may have to construct, maintain, repair and upgrade its Maa-nulth First Nation Roads and rights of way on its Maa-nulth First Nation Lands.

7.10.2 Subject to  7.10.5, each Maa-nulth First Nation may enter onto provincial Crown lands to locate, extract, refine and transport, without charge, sufficient quantities of Gravel from natural deposits as may exist on provincial Crown lands for use by that Maa-nulth First Nation to fulfil any obligations it may have to construct, maintain, repair and upgrade its Maa-nulth First Nation Roads and rights of way on its Maa-nulth First Nation Lands.

7.10.3 Without preparing a Gravel Pit Development Plan, a Maa-nulth First Nation may enter onto provincial Crown lands and extract and transport, without charge, Gravel from a Gravel pit that, before the Effective Date, that Maa-nulth First Nation had been using intermittently as a source of Gravel to maintain its Maa-nulth First Nation Roads and rights of way on its Maa-nulth First Nation Lands.

7.10.4 Before materially increasing the rate of extraction of Gravel from any Gravel pit a Maa-nulth First Nation may use in accordance with 7.10.1, that Maa-nulth First Nation will prepare a Gravel Pit Development Plan for that pit in accordance with Provincial Law.

7.10.5 For greater certainty, entry onto provincial Crown lands and the location, development, extraction, refinement and transportation of Gravel on provincial Crown lands by a Maa-nulth First Nation will be in accordance with Provincial Law.

7.10.6 British Columbia will not unreasonably withhold approval for any Gravel Pit Development Plan prepared and submitted by a Maa-nulth First Nation in accordance with 7.10.4.


CHAPTER 8 WATER

8.1.0 GENERAL

8.1.1 Storage, diversion, extraction or use of water and Groundwater will be in accordance with Federal Law and Provincial Law.

8.1.2 A Maa-nulth First Nation may only sell water in accordance with Federal Law and Provincial Law that permit the sale of water.

8.1.3 Nothing in this Agreement alters Federal Law or Provincial Law in respect of property in water.

8.1.4 The Water Utility Act does not apply to Maa-nulth-aht, Maa-nulth First Nations, Maa-nulth First Nation Public Institutions or Maa-nulth First Nation Corporations that are providing water services on Maa-nulth First Nation Lands.

8.2.0 WATER RESERVATION

8.2.1 On the Effective Date, British Columbia will establish a water reservation for domestic, industrial, and agricultural purposes, in favour of:

a. Huu-ay-aht First Nations, of 75,000 cubic decametres of water per year from those Streams listed in Schedule 1;

b. Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations, of 50,000 cubic decametres of water per year from those Streams listed in Schedule 2;

c. Toquaht Nation of 15,000 cubic decametres of water per year from those Streams listed in Schedule 3;

d. Uchucklesaht Tribe of 50,000 cubic decametres of water per year from those Streams listed in Schedule 4; and

e. Ucluelet First Nation of 57,000 cubic decametres of water per year from those Streams listed in Schedule 5.

8.3.0 LAW-MAKING

8.3.1 Each Maa-nulth First Nation Government may make laws in respect of:

a. the consent of the applicable Maa-nulth First Nation contemplated by 8.4.2a. to applications for Water Licences to be applied against that Maa-nulth First Nation's water reservation established in accordance with 8.2.1; and

b. the supply and use of water from a Water Licence issued in accordance with 8.4.2.

8.3.2 Federal Law or Provincial Law prevails to the extent of a Conflict with Maa-nulth First Nation Law under 8.3.1.

8.4.0 WATER LICENCES

8.4.1 A Maa-nulth First Nation, or a Maa-nulth-aht of that Maa-nulth First Nation with the consent of that Maa-nulth First Nation, may apply to British Columbia for Water Licences to be applied against that Maa-nulth First Nation's water reservation established in accordance with 8.2.1.

8.4.2 If a Maa-nulth First Nation or a Maa-nulth-aht applies to British Columbia for a Water Licence in accordance with 8.4.1 and:

a. that Maa-nulth First Nation has consented to the application;

b. the application conforms to provincial regulatory requirements;

c. there is sufficient unrecordedvolume of flow in that Maa-nulth First Nation's water reservation established in accordance with 8.2.1;

d. the application includes provision for storage where the monthly available flow is insufficient to meet proposed consumption; and

e. the application is for a volume of flow that, together with the total volumes of flow licensed for that Stream listed in the applicable Schedule, does not exceed the monthly percentage of Available Flow for that Stream listed in the applicable Schedule,

British Columbia will approve the application and issue the Water Licence.

8.4.3 The volume of flow approved in a Water Licence issued in accordance with 8.4.2 will be deducted from the unrecorded volume of flow in that Maa-nulth First Nation's water reservation established in accordance with 8.2.1.

8.4.4 If a Water Licence issued in accordance with 8.4.2 is cancelled, expires, or otherwise terminates, the volume of flow in that Water Licence will be added to the unrecorded volume of flow in that Maa-nulth First Nation's water reservation established in accordance with 8.2.1.

8.4.5 The total volumes of flow under the Water Licences applied against a Maa-nulth First Nation's water reservation established in accordance with 8.2.1 will not exceed the monthly percentage of the Available Flow of each Stream as listed in Schedules 1 to 5.

8.4.6 A Water Licence issued to a Maa-nulth First Nation or a Maa-nulth-aht for use on the Maa-nulth First Nation Lands of that Maa-nulth First Nation in accordance with 8.4.2 is not subject to any rentals, fees, or other charges, except taxes,by British Columbia.

8.4.7 A Maa-nulth First Nation may apply for Water Licences in accordance with Federal Law or Provincial Law, if there is insufficient unrecordedvolume of flow in that Maa-nulth First Nation's water reservation established in accordance with 8.2.1 to issue a Water Licence.

8.4.8 A water reservation established in accordance with 8.2.1 has priority over all Water Licences on the Streams to which the water reservation established in accordance with 8.2.1 applies other than:

a. Water Licences issued before October 3, 2003;

b. Water Licences issued pursuant to an application made before October 3, 2003; and

c. Water Licences issued pursuant to water reservations established before October 3, 2003.

8.4.9 British Columbia will Consult with a Maa-nulth First Nation respecting applications for Water Licences where the applicant may reasonably require access across or an Interest in its Maa-nulth First Nation Lands.

8.4.10 British Columbia will provide notice to a Maa-nulth First Nation concerning applications for Water Licences in respect of Streams wholly or partially within its Maa-nulth First Nation Lands, which may be in the form of a notice under the Water Act.

8.4.11 If a person other than a Maa-nulth First Nation or a Maa-nulth-aht of that Maa-nulth First Nation has a Water Licence and reasonably requires access across, or an Interest in, the Maa-nulth First Nation Lands of that Maa-nulth First Nation for the construction, maintenance, improvement or operation of works authorized under that Water Licence, that Maa-nulth First Nation may not unreasonably withhold consent to, and will take reasonable steps to ensure, that access or the granting of that Interest, if that Water Licence holder offers fair compensation to the owner of the estate or Interest affected.

8.4.12 If a Maa-nulth First Nation or a Maa-nulth-aht has a Water Licence approved in accordance with 8.4.2 or 8.4.7 and reasonably requires access across, or an Interest in, provincial Crown land for the construction, maintenance, improvement or operation of works authorized under that Water Licence, British Columbia will grant the access or Interest on reasonable terms in accordance with Provincial Law.

8.4.13 Upon the request of Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations, British Columbia and Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations will negotiate and attempt to reach agreement on amendments to the boundaries of Brooks Peninsula Provincial Park or Tahsish-Kwois Provincial Park, as applicable, to enable Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations to reasonably access water from Amos Creek, Quin-E-Ex Creek (unofficial name), Battle River (unofficial name), Power River, Tahsish River, or Tsauk Creek (unofficial name) in accordance with 8.4.1 and 8.4.2, if:

a. Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations is unable to reasonably access water from such Streams from its Maa-nulth First Nation Lands, and Groundwater is also not reasonably available on its Maa-nulth First Nation Lands;

b. water from such Streams is for use on the Maa-nulth First Nation Lands of Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations described in Plans 1, 2, 4, 6 and 19 of Appendix B-2, Part 2(a), which lands are surrounded by Provincial Protected Areas; and

c. the Minister is not able, under Provincial Law:

i. to grant a Water Licence to divert, use or store water from a point of diversion within Brooks Peninsula Provincial Park or Tahsish-Kwois Provincial Park on those Streams if such point of diversion within those parks is reasonably required to access water from those Streams; or

ii. to grant access to, or an Interest in, provincial Crown land located within Brooks Peninsula Provincial Park or Tahsish-Kwois Provincial Park if such access to, or an Interest in, provincial Crown land is reasonably required for the construction, maintenance, use or operation of licensed works or for the flooding of provincial Crown land within those parks,

without an amendment to the boundaries of Brooks Peninsula Provincial Park or Tahsish-Kwois Provincial Park.

8.4.14 If Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations and British Columbia are unable to reach agreement on the amendments to the boundaries of Brooks Peninsula Provincial Park or Tahsish-Kwois Provincial Park, as applicable, in accordance with 8.4.13, either British Columbia or Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations may refer the issue to be finally determined by arbitration in accordance with Chapter 25 Dispute Resolution without having to proceed through Stages One and Two.

8.5.0 GROUNDWATER

8.5.1 If British Columbia brings into force Provincial Law regulating the volume of Groundwater under Maa-nulth First Nation Lands which may be extracted and used and if Groundwater is reasonably available, British Columbia will negotiate and attempt to reach agreement with the applicable Maa-nulth First Nation on the volume of Groundwater which may be extracted and used for domestic, agricultural and industrial purposes by that Maa-nulth First Nation on its Maa-nulth First Nation Lands for as long as such Provincial Law is in effect.

8.5.2 For the purposes of 8.5.1, British Columbia and the Maa-nulth First Nation will determine the:

a. volume of flow of Groundwater which can reasonably be withdrawn from the Groundwater aquifer under consideration while maintaining the sustainability and quality of the Groundwater from the aquifer; and

b. existing and reasonable future needs for Groundwater of the Maa-nulth First Nation and its Maa-nulth-aht on its Maa-nulth First Nation Lands, as well as the existing and future needs of other users in the area,

and take into account any applicable requirement under Federal Law or Provincial Law.

8.5.3 If British Columbia and the Maa-nulth First Nation are unable to reach agreement in accordance with 8.5.1 on the volume of Groundwater which may be extracted and used by that Maa-nulth First Nation, British Columbia or that Maa-nulth First Nation may refer the matter to be finally determined by arbitration in accordance with Chapter 25 Dispute Resolution without having to proceed through Stages One and Two .

8.5.4 Access to extract Groundwater on Maa-nulth First Nation Lands requires the consent of the applicable Maa-nulth First Nation.

8.6.0 HYDRO POWER RESERVATIONS

8.6.1 In addition to the Maa-nulth First Nation water reservations established in accordance with 8.2.1, on the Effective Date, British Columbia will establish water reservations of the unrecorded water of the Streams specified in this paragraph, to enable each Maa-nulth First Nation to investigate the suitability of those Streams for hydro power purposes including related storage purposes, as follows:

a. in favour of Huu-ay-aht First Nations, for five years after the Effective Date, for the Sarita River;

b. in favour of Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations, for five years after the Effective Date, for the Tahsish River;

c. in favour of Toquaht Nation, for two years after the Effective Date, for Draw Creek;

d. in favour of Uchucklesaht Tribe, for two years after the Effective Date for Handy Creek and five years after the Effective Date for Uchuck Creek; and

e. in favour of Ucluelet First Nation, for two years after the Effective Date, for the Nahmint River.

8.6.2 If a Maa-nulth First Nation applies for a Water Licence for hydro power purposes and any related storage purposes in relation to a water reservation established for that Maa-nulth First Nation in accordance with 8.6.1, British Columbia will grant the Water Licence if the proposed hydro power project conforms with Federal Law or Provincial Law and there is sufficient Available Flow in the applicable specified Stream subject to that water reservation.

8.6.3 If British Columbia issues a Water Licence in accordance with 8.6.2, the water reservation established in accordance with 8.6.1 will terminate in respect of that Stream.


CHAPTER 8 SCHEDULES  WATER

SCHEDULE 1 – HUU-AY-AHT FIRST NATIONS WATER VOLUMES
SCHEDULE 2 – KA:'YU:'K'T'H'/CHE:K'TLES7ET'H' FIRST NATIONS WATER VOLUMES
SCHEDULE 3 – TOQUAHT NATION WATER VOLUMES
SCHEDULE 4 – UCHUCKLESAHT TRIBE WATER VOLUMES
SCHEDULE 5 – UCLUELET FIRST NATION WATER VOLUMES

SCHEDULE 1 – HUU-AY-AHT FIRST NATIONS WATER VOLUMES

Streams partially within the Maa–nulth First Nation Lands of Huu-ay-aht First Nations for which a monthly percentage of Available Flow has been specified:

Stream Name

Monthly Percentage of
Available Flow

National Topographic
System - Series Map References

Carnation Creek

35%

92 C/14

Poett Creek

30%

92 C/14

Sarita River

25%

92 C/14

Pachena River

10%

92 C/14

Consinka Creek

10%

92 C/15


SCHEDULE 2 – KA:'YU:'K'T'H'/CHE:K'TLES7ET'H' FIRST NATIONS WATER VOLUMES

Streams partially within the Maa–nulth First Nation Lands of Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations for which a monthly percentage of Available Flow has been specified:

Stream Name

Monthly Percentage of
Available Flow

National Topographic
System - Series Map References

Kayouk Creek

50%

92 L/3

Ououkinsh River

13%

92 L/3

Malksope River

11%

92 L/3

St. Pauls Dome Creek

9%

92 L/3

Amai Creek

8%

92 L/3

Narrowgut Creek

8%

92 E/14

Kauwinch River

1.7%

92 L/3

Kaouk River

1.6%

92 L/3

Artlish River

0.4%

92 L/3

Kashutl River

0.3%

92 L/3

Amos Creek

0.2%

92 L/4

Quin-E-Ex Creek (unofficial name)

14%

92 L/4

Battle River (unofficial name)

2.5%

92 L/4

Power River

0.6%

92 L/3

Tahsish River

0.1%

92 L/3

Tsauk Creek (unofficial name)

21%

92 L/3



SCHEDULE 3 – TOQUAHT NATION WATER VOLUMES

Streams partially within the Maa–nulth First Nation Lands of Toquaht Nation for which a monthly percentage of Available Flow has been specified:

Stream Name

Monthly Percentage of
Available Flow

National Topographic
System - Series Map References

Maggie River

12%

92 C/14

Itatsoo Creek

8%

92 C/13

Toquart River

5%

92 F/3

Lucky Creek

5%

92 F/3

Cataract Creek

5%

92 F/3

Remaining Streams wholly or partially within the Maa–nulth First Nation Lands of Toquaht Nation

10%

 



SCHEDULE 4 – UCHUCKLESAHT TRIBE WATER VOLUMES

Streams partially withinthe Maa–nulth First Nation Lands of Uchucklesaht Tribe for which a monthly percentage of Available Flow has been specified:

Stream Name

Monthly Percentage of
Available Flow

National Topographic
System - Series Map References

Uchuck Creek

50%

92 F/3

Henderson Lake

20%

92 F/3

Handy Creek

10%

92 C/15

Cass Creek

5%

92 F/3

Remaining Streams wholly or partially within the Maa–nulth First Nation Lands of Uchucklesaht Tribe

10%

 



SCHEDULE 5 – UCLUELET FIRST NATION WATER VOLUMES

Streams partially withinthe Maa–nulth First Nation Lands of Ucluelet First Nation for which a monthly percentage of Available Flow has been specified:

Stream Name

Monthly Percentage of
Available Flow

National Topographic
System - Series Map References

Itatsoo Creek

50%

92 C/13

Thornton Creek

50%

92 C/13

Smith Creek

40%

92 C/13

Mercantile Creek

25%

92 C/13

Lost Shoe Creek

15%

92 F/4

Nahmint River

15%

92 F/2

Remaining Streams wholly or partially within the Maa–nulth First Nation Lands of Ucluelet First Nation

10%

 




CHAPTER 9 FOREST RESOURCES

9.1.0 FOREST AND RANGE RESOURCES ON MAA-NULTH FIRST NATION LANDS

9.1.1 Each Maa-nulth First Nation owns the Forest Resources and Range Resources on its Maa-nulth First Nation Lands.

9.1.2 Each Maa-nulth First Nation, as owner, has exclusive authority to determine, collect and administer any fees, rents or other charges, except taxes, relating to the harvesting of Forest Resources or Range Resources on its Maa-nulth First Nation Lands.

9.2.0 LAW-MAKING

9.2.1 Each Maa-nulth First Nation Government may make laws in respect of Forest Resources, Forest Practices and Range Practices on the Maa-nulth First Nation Lands of the applicable Maa-nulth First Nation.

9.2.2 Federal Law or Provincial Law prevails to the extent of a Conflict with Maa-nulth First Nation Law under 9.2.1.

9.3.0 MANUFACTURE AND EXPORT OF TIMBER RESOURCES

9.3.1 Timber Resources harvested from Maa-nulth First Nation Lands are not subject to any requirement under Provincial Law for use or manufacturing in British Columbia.

9.3.2 Logs from Maa-nulth First Nation Lands may be proposed for export under Federal Law and policy as if the logs had been harvested from an Indian Reserve in British Columbia.

9.4.0 TIMBER MARKING AND SCALING

9.4.1 For greater certainty:

a. nothing in this Agreement confers authority on a Maa-nulth First Nation Government to make laws in respect of Timber marking and scaling; and

b. Provincial Law in respect of Timber marking and scaling applies to Timber harvested on and transported off Maa-nulth First Nation Lands.

9.5.0 FOREST AND RANGE HEALTH

9.5.1 Each Maa-nulth First Nation is responsible for the control of insects, diseases, invasive plants, animals or abiotic factors on its Maa-nulth First Nation Lands which may affect the health of Forest Resources or Range Resources on its Maa-nulth First Nation Lands.

9.5.2 If Canada or British Columbia becomes aware of insects, diseases, invasive plants, animals or abiotic factors on Crown lands that may threaten the health of Forest Resources or Range Resources on adjacent Maa-nulth First Nation Lands, British Columbia or Canada, as the case may be, will notify the applicable Maa-nulth First Nation and:

a. in the case of British Columbia, British Columbia and that Maa-nulth First Nation will use reasonable efforts to reach agreement on an appropriate response to address the impacts of such insects, diseases, invasive plants, animals or abiotic factors on Forest Resources or Range Resources on the Maa-nulth First Nation Lands of that Maa-nulth First Nation and on provincial Crown lands, in accordance with Federal Law or Provincial Law; and

b. in the case of Canada, Canada and that Maa-nulth First Nation will use reasonable efforts to reach agreement on an appropriate response to address the impacts of such insects, diseases, invasive plants, animals or abiotic factors on Forest Resources or Range Resources on the Maa-nulth First Nation Lands of that Maa-nulth First Nation and on federal Crown lands, in accordance with Federal Law or Provincial Law.

9.5.3 If a Maa-nulth First Nation becomes aware of insects, diseases, invasive plants, animals or abiotic factors on its Maa-nulth First Nation Lands that may threaten the health of Forest Resources or Range Resources on adjacent provincial or federal Crown lands, it will notify British Columbia or Canada, as the case may be, and:

a. in the case of British Columbia, that Maa-nulth First Nation and British Columbia will use reasonable efforts to reach agreement on an appropriate response to address the impacts of such insects, diseases, invasive plants, animals or abiotic factors on Forest Resources or Range Resources on the Maa-nulth First Nation Lands of that Maa-nulth First Nation and on provincial Crown lands, in accordance with Federal Law or Provincial Law; and

b. in the case of Canada, that Maa-nulth First Nation and Canada will use reasonable efforts to reach agreement on an appropriate response to address the impacts of such insects, diseases, invasive plants, animals or abiotic factors on Forest Resources or Range Resources on the Maa-nulth First Nation Lands of that Maa-nulth First Nation and on federal Crown lands, in accordance with Federal Law or Provincial Law.

9.5.4 For greater certainty, nothing in this Agreement limits the application of Federal Law or Provincial Law in relation to the health of Forest Resources or Range Resources.

9.6.0 WILDFIRE SUPPRESSION AND CONTROL

9.6.1 Subject to the Wildfire Suppression Agreements entered into in accordance with 9.6.2, and subject to 9.6.3 and 9.6.5, Provincial Law in respect of the protection of resources from wildfire and for wildfire prevention and control applies to Maa-nulth First Nation Lands as Private Lands.

9.6.2 On the Effective Date, British Columbia and Canada will enter into a Wildfire Suppression Agreement with each Maa-nulth First Nation, which will set out how the costs incurred by British Columbia for wildfire control on the Maa-nulth First Nation Lands of that Maa-nulth First Nation for wildfires that originate on such lands, will be shared by British Columbia, Canada and that Maa-nulth First Nation.

9.6.3 Subject to the limitations on the scope of a Maa-nulth First Nation's responsibility to pay wildfire control costs set out in the applicable Wildfire Suppression Agreement, that Maa-nulth First Nation is responsible for one third of the costs incurred by British Columbia for wildfire control on its Maa-nulth First Nation Lands for wildfires which originate on such lands.

9.6.4 For greater certainty, the responsibility of a Maa-nulth First Nation in accordance with 9.6.3 for the costs incurred by British Columbia for wildfire control does not include responsibility for any costs associated with wildfire control off its Maa-nulth First Nation Lands.

9.6.5 British Columbia will respond to a wildfire originating on Maa-nulth First Nation Lands on the same priority basis as for provincial Crown lands and in accordance with any priorities as set by the Minister.

9.6.6 For the purposes of the Wildfire Suppression Agreement contemplated by 9.6.2:

a. each Wildfire Suppression Agreement remains in effect between that Maa-nulth First Nation and British Columbia unless terminated at the request of that Maa-nulth First Nation, on the same terms, subject to those terms which that Maa-nulth First Nation and British Columbia negotiate on a periodic basis; and

b. Canada's participation in each Wildfire Suppression Agreement is limited to assuming a share of costs under that agreement for a period of ten years commencing on the Effective Date.

9.6.7 Subject to any cost-sharing arrangement which may be in effect between Canada and British Columbia regarding wildfire suppression on lands provided under land claims agreements, Canada and British Columbia may, at their respective discretion, enter into new agreements from time to time in respect of Canada's continuing participation in a Wildfire Suppression Agreement following the ten year period referred to in 9.6.6b.

9.6.8 Nothing in 9.6.2 or 9.6.3 limits the ability of any Party to pursue legal action against third parties.

9.6.9 At the request of a Maa-nulth First Nation, or in accordance with Provincial Law, British Columbia may enter on the Maa-nulth First Nation Lands of that Maa-nulth First Nation and assist in the provision of, or carry out, wildfire control.

9.6.10 A Maa-nulth First Nation is not responsible for any costs associated with wildfire control incurred by British Columbia or Canada on its Maa-nulth First Nation Lands if the wildfires originate off such lands unless that Maa-nulth First Nation is responsible for the wildfire under Provincial Law.

9.7.0 TIMBER HARVESTING RIGHTS EXISTING BEFORE EFFECTIVE DATE

9.7.1 British Columbia will ensure that on the Effective Date any right to harvest Timber granted under Provincial Law that applies to Maa-nulth First Nation Lands ceases to be valid.

9.8.0 OBLIGATIONS EXISTING BEFORE EFFECTIVE DATE

9.8.1 Unless otherwise requested by a Maa-nulth First Nation, British Columbia will ensure that any obligation that applies on its Maa-nulth First Nation Lands in respect of Forest Practices and Range Practices will be fulfilled in accordance with Provincial Law.

9.8.2 Each Maa-nulth First Nation will provide access to its Maa-nulth First Nation Lands, at no cost, to British Columbia and to any Interest holder whose rights to Forest Resources and Range Resources cease to be valid in accordance with 9.7.1, and to their respective employees, agents, contractors, successors or assigns, in order to fulfill the obligations referred to in 9.8.1.

9.9.0 FOREST RESEARCH PLOTS

9.9.1 On the Effective Date, the applicable Maa-nulth First Nation will grant to British Columbia licences in the applicable form in Appendix L, to enter onto its Maa-nulth First Nation Lands for the purpose of conducting forestry related studies, tests and experiments, for those research installations and growth and yield sites respectively identified for illustrative purposes as "Research Installations" and "Growth and Yield Sites" in Appendix M.