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

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ANNEX AProject 27 - 1:Project Manager:Participant/Liaison:Surface Rights Board (the Board)Department of Indian Affairs and Northern Development (DIAND) – NorthernAffairs Program (NAP)Sahtu Tribal Council (STC)Obligations Addressed:27.1.1 A Surface Rights Board ("the Board"), established as an institution of public government bylegislation, shall have jurisdiction over matters relating to surface entry and compensation asset out in this agreement or legislation.27.1 Members of the Board shall be residents of the Northwest Territories. When dealing with Sahtulands, the Board shall act through a panel of its members at least one of whom shall beresident of the settlement area.27.1.3 The costs of the Board shall be the responsibility of government. The Board shall prepare anannual budget, subject to review and approval by government.Referenced Clauses: 27.2, 27.3.1, 3.1.9ACTIVITIES RESPONSIBILITY TIMING GUIDELINES(in sequence)1. If legislation establishing a Surface Rights NAP after settlementBoard is not enacted prior to settlementlegislationlegislation, consult the STC prior todevelopment or finalization of the SurfaceRights Board legislation2. Establish the Board by: NAP after passage of- appointing Board members legislation enacting the- preparing budget Board3. Establish administrative procedures and the Board within 3 months ofoperations consistent with the agreement,legislation enacting theincluding but not limited to:Board- when dealing with Sahtu lands, the Boardshall act through a panel of its member atleast one of whom shall be a resident ofthe settlement area4. Develop regulations under the surface rights NAP within 1 year oflegislationlegislation enacting theBoard5. Administer the surface rights legislation the Board on-goingFunding:- Funding of the Surface Rights Board was provided through the Implementation Plan for the Gwich'inComprehensive Land Claim Agreement.SAHTU IMPLEMENTATION PLAN 172
ANNEX A- When the Board receives notice that a hearing is required to resolve a matter within its jurisdiction,the will advise the Minister that a hearing will be held and submit a budget for the Minister's reviewand approval. The budget may be accepted in its entirety or in an amended form as deemed by theMinister to be appropriate.- In order that the Board may conduct the hearings within any timeframe that may be specified in theagreement and/or in legislation, it will be the responsibility of the Board to notify the Minister promptlyof the hearing and to provide the required budget proposals in a timely fashion. The Minister shallprovide the Board with a response to the budget proposal in sufficient time to allow the Board to holdproceedings within the timeframe specified in the agreement and/or legislation.- If the legislation creating the Board provides that the Board may award all or a portion of hearingcosts, the Minister's responsibility for funding hearing costs shall not exceed the difference betweenthe total costs of the hearing and the costs which have been awarded.Planning Assumptions:- The Board will operate in the various regions after the settlement of native claims in those regions.- Government intends to propose the following increase to the budget of the Board as described in theGwich'in Implementation Plan:1993 Constant DollarsYear 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 1034,500 16,500 2,500 16,500 16,500 2,500 16,500 16,500 2,500 16,500- Initially, the Board will have a membership of three.- Until the Environmental Impact Review Board is in place, any administrative support that the Boardmight require will be provided by the Northern Affairs Program, DIAND, Northwest Territories Region.- In the event that surface rights legislation is not in effec by settlement legislation, any matter which isto be determined by the Board, pursuant to the Sahtu Dene and Metis agreement shall, until thatlegislation is in effect, be determined by arbitration, except where the resolution of any matterrespecting the exploration, development, and production of minerals is provided for in legislation,such legislation shall apply.SAHTU IMPLEMENTATION PLAN 173
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IMPLEMENTATION PLANFOR THESAHTU DEN
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TABLE OF CONTENTSIMPLEMENTATION 1AN
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Project 14 - 1 Licences for the com
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Project 23 - 5 Establishment of a n
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IMPLEMENTATION PLANFOR THESAHTU DEN
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4.2 Recognizing that years 1 to 10
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SAHTU IMPLEMENTATION PLAN 5
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ANNEX AACTIVITY SHEETSFOR THE IMPLE
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ANNEX AProject 3 - 2:Project Manage
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ANNEX A- The detailed cost workshee
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ANNEX ACOST WORKSHEET NOTESEnrolmen
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ANNEX A8. Establish operating proce
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ANNEX ACOST WORKSHEET NOTESArbitrat
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ANNEX AProject 10 - 1:Project Manag
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ANNEX Afinancial assistance; provis
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ANNEX A4. Give full and fair consid
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ANNEX AProject 13 - 4:Settlement Ar
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ANNEX AProject: SETTLEMENT AREA HAR
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ANNEX AProject 13 - 11:Project Mana
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ANNEX Asuch a limit for each fisher
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ANNEX AProject: RENEWABLE RESOURCES
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ANNEX ACOST WORKSHEET NOTESRenewabl
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ANNEX AANNEX AProject 14 - 1:Projec
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ANNEX A- the proposed park will not
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ANNEX A8. Give written reasons for
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ANNEX A1993 Constant DollarsYear 4
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ANNEX A4. Review and respond to the
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ANNEX AProject 21 - 11:Participant/
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Page 129 and 130: ANNEX AANNEX AProject 22 - 1:Projec
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Page 133 and 134: ANNEX AProject 22 - 5:Project Manag
Page 143 and 144: ANNEX Amembers will be a nominee of
Page 149 and 150: ANNEX A- The Mackenzie Valley Resou
Page 151 and 152: ANNEX ACOST WORKSHEET NOTESLand Use
Page 157 and 158: ANNEX APlanning Assumptions:- The S
Page 159 and 160: ANNEX ACOST WORKSHEET NOTESLand and
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Page 177 and 178: ANNEX AProject 26 - 12:Project Mana
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Page 183 and 184: ANNEX AFunding:- As part of the ove
Page 185 and 186: ANNEX BFINANCIAL PAYMENTSSAHTU IMPL
Page 187 and 188: ANNEX BPART 3. TRAINING FOR SAHTU D
Page 189 and 190: ANNEX BPART 6. ANNUAL ADJUSTMENT6.1
Page 191 and 192: ANNEX CCOMMUNICATION AND INFORMATIO
Page 193 and 194: ANNEX CMedia (Native and Northern)M
Page 195 and 196: ANNEX DIMPLEMENTATION COMMITTEESAHT
Page 197 and 198: ANNEX D11. The Implementation Commi
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