Backgrounder
Kluane First Nation
Final And Self-Government Agreements
Highlights
The Kluane First Nation (KFN) Final and Self-Government Agreements were
signed on October 18, 2003 in Burwash Landing, Yukon Territory.
Kluane First Nation's land claim and self-government agreements provide
a basis for new government-to-government relationships based on respect
and partnership.
The land claim settlement provides certainty by clarifying land and resource
ownership, use, and management, laying the foundation for economic and
resource development opportunities to promote Kluane people's participation
in the Yukon's economy and to improve the quality of life for the citizens
of the Kluane First Nation.
The self-government agreement will provide the Kluane First Nation with
tools to renew its historical self-reliance, to protect its land, language
and way of life, to strengthen its economy and community, and to chart
its own future.
The information that follows highlights key provisions related to the
rights and benefits contained in the KFN Final and Self-Government Agreements.
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 Kluane First Nation.
Land
- Ownership of approximately 913 square kilometres (352 square miles)
of settlement land which includes 647 square kilometres ( 250 square
miles) of Category A Settlement Lands on which the Kluane First Nation
will own both the surface and mineral resources (subsurface).
- Direct involvement as a government in a broad range of decisions
about land and resources within its traditional territory.
- Unique provisions in the Kluane First Nation Final Agreement include
the establishment of three Special Management Areas (SMAs): the Pickhandle
Lakes Habitat Protection Area (HPA), Asi Keyi Natural Environment Park,
and the Tachal Region of Kluane National Park. The Kluane First Nation
will have special wildlife harvesting rights and economic opportunities
within these SMAs and will contribute to the management of these SMAs.
Wildlife and Forest Harvesting
- The right to harvest for subsistence throughout KFN's traditional
territory at all times of the year, including exclusive hunting rights
on Category A Settlement Lands, subject to certain limitations.
- Subsistence harvesting rights of fish and wildlife, as well as harvesting
rights of forest resources for traditional purposes, in relation to
the Asi Keyi Natural Environment Park, Pickhandle Lakes Habitat Protection
Area and Tachal Region in Kluane National Park, with certain limitations.
- Special harvesting rights for freshwater fish to ensure that the
Kluane people's food fish needs receive primary consideration.
Renewable and Heritage Resources Management
- KFN 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 on settlement land.
- Participation in decision-making affecting fish and wildlife on non-settlement
land within the KFN traditional territory through representation on
the Dän Keyi ("Our People's Country") Renewable
Resources Council (DKRRC). The DKRRC will be established as the primary
body responsible for local renewable resources management in KFN's traditional
territory. Three members on the Council will be nominated by KFN and
the other three by Government for three-year terms. All nominees must
have familiarity with KFN's traditional territory and its renewable
resources in addition to living year round in KFN's traditional territory.
- Ownership and management of forest resources on KFN settlement land.
- Participation in the management of Kluane National Park, including
the Tachal Region, through representation on the Kluane National Park
Management Board.
- Participation on steering committees that will be established for
Pickhandle Lakes Habitat Protection Area and Asi Keyi Natural Environment
Park.
- Ownership and management of certain heritage resources found on KFN
settlement land, as well as heritage resources found within the KFN
traditional territory related to the culture and history of KFN .
- Development of measures to promote the preservation of the Southern
Tutchone language for the benefit of future generations.
- Identification of heritage routes within the KFN traditional territory
to ensure that land use planning and environmental assessment processes
take into account the cultural and heritage significance of these routes.
Funding and Economic Development
- Approximately $13.45 million in financial compensation paid over
the next 15 years, less the loan repayment amounts.
- An additional one-time payment of $2.99 million resulting from the
Government of Canada's decision to effectively re-index compensation
dollars.
- Economic Development Strategic Investment funding of $4.54 million
for economic development, training and education.
- Funding to deliver programs and services transferred to the Kluane
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 lands related to mining and oil and gas.
- Employment and business opportunities including those related to
heritage, forestry, licensing, permitting, construction and maintenance
of parks, roads and trails, commercial guiding and outfitting within
the KFN traditional territory.
- Opportunities related to sheep guiding in a portion of the Kluane
Game Sanctuary. The KFN will contribute 50% of the proceeds made from
the issuance of the first five permits for the purpose of wildlife and
wildlife habitat conservation within KFN traditional territory.
- Within the Tachal Region of Kluane National Park, economic opportunities
include:
- exclusive rights to provide commercial horse operations and dog
sledding opportunities subject to any existing operations,
- the rights of first refusal to any new licenses or permits for
commercial guiding or outfitting opportunities as well as commercial
vehicle or motor boat tours to destinations within the Tachal Region,
and
- the right of first refusal for contracts related to trail and road
construction or maintenance and the use of pack animals.
- Specific economic development measures for KFN, including preferential
opportunities on certain development projects and government contracts
within KFN's traditional territory.
- The development of a regional economic development plan for KFN's
traditional territory to take advantage of economic development opportunities
arising from the Final Agreement.
Core Area Concept
- To address the overlapping traditional territories of the Kluane
First Nation and the White River First Nation (WRFN), the parties have
negotiated the Core Area Concept as a temporary overlap arrangement.
The Core Area Concept identifies a Kluane First Nation Core Area, a
White River First Nation Core Area, and a "secondary area"
in between these Core Areas. The Core Area Concept enables both WRFN
and KFN to bring their respective agreements into effect while providing
a framework for resolving the overlap in the future.
Self-Government
- On the effective date, the Kluane First Nation Band will cease to
exist and will be succeeded by the Kluane First Nation.
- Kluane 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 KFN citizens who live in the Yukon.
- KFN will have the ability to make laws for the use and occupation
of its settlement land in areas that include, among others, the protection
of fish, wildlife and habitat; gathering, hunting, trapping and fishing;
administration of justice; and, taxation for local purposes.
- With respect to its citizens, KFN will have law-making authority
over adoption of KFN citizens, guardianship, custody, care and placement
of KFN children, marriage, programs and services related to language
and culture, social and welfare services, and training, and other matters.
- KFN can negotiate Program and Service Transfer Agreements (PSTAs)
to manage, administer and deliver programs and services for its citizens
that reflect the priorities, values and culture of the Kluane people.
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