9.1.0 Objective

9.1.1 The objective of this chapter is to recognize the fundamental importance of land in protecting and enhancing a Yukon First Nation's cultural identity, traditional values and life style, and in providing a foundation for a Yukon First Nation's self-government arrangements.

9.2.0 Yukon Settlement Land Amount

9.2.1 Subject to the Umbrella Final Agreement, the total amount of Settlement Land for the requirements of all Yukon First Nations shall not exceed 16,000 square miles (41,439.81 square kilometres).

9.2.2 The total amount shall contain no more than 10,000 square miles (25,899.88 square kilometres) of Category A Settlement Land.

9.3.0 Yukon First Nations' Settlement Land Amount

9.3.1 The amount of Settlement Land to be allocated to each Yukon First Nation has been determined in the context of the overall package of benefits in the Umbrella Final Agreement.

9.3.2 The Umbrella Final Agreement as initialled by the negotiators on March 31, 1990, contemplated that the Yukon First Nations and Government would agree to the allocation of Settlement Land amounts described in 9.2.0 for each Yukon First Nation by May 31, 1990, and in the absence of such agreement, Government, after consultation with the Council for Yukon Indians, would determine that allocation.

9.3.3 In the absence of the agreement referred to in 9.3.2, Government, after consultation with the Council for Yukon Indians, has determined the allocation of Settlement Land among the Yukon First Nations and that allocation is set out in Schedule A - Allocation of Settlement Land Amount attached to this chapter.

9.3.4 The land allocation determined under 9.3.3 for Yukon First Nations which do not have a Yukon First Nation Final Agreement may be varied by agreement in writing of all affected Yukon First Nations and Government.

9.3.5 Negotiation of final Settlement Land selections for a Yukon First Nation shall not commence until the allocation pursuant to 9.3.2 or 9.3.3 is determined.

9.3.6 A Yukon First Nation Final Agreement shall identify and describe Settlement Land for that Yukon First Nation.

9.4.0 Land Negotiation Restrictions

9.4.1 Privately owned land, land subject to an agreement for sale or land subject to a lease containing an option to purchase is not available for selection as Settlement Land, unless the Person holding such an interest in the land consents.

9.4.2 Unless otherwise agreed to in a Yukon First Nation Final Agreement, the following land is not available for selection as Settlement Land:

9.4.2.1 except as provided in 9.4.1, land under lease, subject to the lease-holder's interest;

9.4.2.2 land occupied by or transferred to any department or agency of the federal, territorial or municipal government;

9.4.2.3 land reserved in the property records of Northern Program, Department of Indian Affairs and Northern Development, except land reserved for that Department's Indian and Inuit Program, in favour of a Yukon First Nation or a Yukon Indian Person;

9.4.2.4 a highway or highway right-of-way as defined in the Highways Act, S.Y. 1991, c. 7, but in no case shall a highway right-of-way have a width greater than 100 metres; and

9.4.2.5 the border reserve constituting any land within 30 metres of the boundary line between the Yukon and Alaska, the Yukon and Northwest Territories, and the Yukon and British Columbia.

9.5.0 Balanced Selection

9.5.1 To establish a balanced allocation of land resource values, the land selected as Settlement Land shall be representative of the nature of the land, the geography and the resource potential within each Yukon First Nation's Traditional Territory, and the balance may vary among Yukon First Nations' selections in order to address their particular needs.

9.5.2 The selection of Site Specific Settlement Land shall not be restricted solely to traditional use and occupancy, but may also address other needs of Yukon First Nations.

9.5.3 The sizes of Site Specific Settlement Land may vary depending on the geography and needs of individual Yukon First Nations.

9.5.4 Except as otherwise agreed on a case by case basis, Settlement Land may only be selected by a Yukon First Nation within its Traditional Territory.

9.5.5 Land selections shall allow for reasonable expansion by Yukon First Nations and other Yukon communities.

9.5.6 Land selections on both sides of a major waterway or Major Highway should be avoided, but may be considered with each Yukon First Nation on a case by case basis to ensure final land selections provide a balanced selection and reasonable access for all users.

9.5.7 A Yukon First Nation may select land to address needs including, but not limited to the following:

9.5.7.1 hunting areas;

9.5.7.2 fishing areas;

9.5.7.3 trapping areas;

9.5.7.4 habitat areas and protected areas;

9.5.7.5 gathering areas;

9.5.7.6 historical, archaeological or spiritual areas;

9.5.7.7 areas of residence or occupancy;

9.5.7.8 access to waterbodies and use of waterbodies;

9.5.7.9 agriculture or forestry areas;

9.5.7.10 areas of economic development potential; and

9.5.7.11 wilderness areas.

9.5.8 Settlement Land may abut a right-of-way of a highway or road.

9.5.9 Settlement Land may abut Navigable Water and non-Navigable Water notwithstanding any Waterfront Right-of-Way that may be identified pursuant to Chapter 5 - Tenure and Management of Settlement Land.

9.6.0 Crown and Settlement Land Exchange

9.6.1 A Yukon First Nation and Government may agree to exchange Crown Land for Settlement Land and may agree that Crown Land exchanged for Settlement Land will be Settlement Land provided that any such agreement shall not affect the cession, release and surrender of any aboriginal claim, right, title or interest in respect of that Crown Land.

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