Implementation Plan for the Sahtu Dene and Metis Comprehensive ...

ANNEX AProject 19 - 7:Project Manager:Participant/Liaison:Government administration of existing mineral interests on Sahtu landsDepartment of Indian Affairs and Northern Development (DIAND) – NorthernAffairs Program (NAP)Designated Sahtu organization (DSO)Obligations Addressed:19.5.2 Where lands to which the designated Sahtu organization receive title pursuant to 19.1.2(b) aresubject to a mineral interest existing at the date of settlement legislation:(a) government shall continue to administer such interest including the granting of andadministration of renewals, replacements, extensions of term or transfers thereof inaccordance with applicable legislation as if the interest were on Crown lands until such timeas the interest ceases to exist;(b) government shall notify the designated Sahtu organization of any change in such interestwhich affects the designated Sahtu organization as title-holder; and(c) after the date of settlement legislation, any royalties or non-refunded rents accruing to andreceived by government from the holder of a mineral interest shall be accounted for bygovernment and an equal amount paid to the designated Sahtu organization as soon aspracticable from time to time.19.5.4 Government shall be under no fiduciary obligation to the participants in respect of itsadministration of mineral interests apart from its obligation to account in 19.5.2(c). In particular,government may, subject to 10.1.3, set royalties, rents and other charges and make otherdiscretionary decisions on the basis of government's resource management policy.Referenced Clauses: 19.1.2(6), 10.1.3ACTIVITIES RESPONSIBILITY TIMING GUIDELINES(in sequence)1. Identify all existing mineral interests on NAP by settlement legislationSahtu lands referred to in 19.1.2(6)2. Provide the DSO with a list of all existing NAP at settlement legislationmineral interests on Sahtu lands and allrelevant details of existing mineral interestidentified3. Administer the existing mineral interests in NAP after settlementaccordance with applicable legislation as iflegislationthe interest were on Crown land until theinterest ceases to exist4. Notify the DSO of any change in such interest NAP after settlementwhich affects the Sahtu as title-holderlegislation5. Account for any royalties or non-refunded NAP after settlementrents accruing to and received bylegislationgovernment from the identified interestsafter settlement legislation6. Make payments to the DSO of amounts DIAND after settlementreceived and accounted forlegislationSAHTU IMPLEMENTATION PLAN 102