1 LAND SELECTION

1.1
Prior to land selection, the Gwich'in shall table their land use and occupancy maps for review by government.

1.2
The land selection processes for settlement lands and Gwich'in municipal lands shall be undertaken concurrently. Negotiations shall take place at locations to be determined by the parties prior to the commencement of land selection.

1.3
Prior to the commencement of land selection, government shall provide the Gwich'in with current data respecting the location and nature of existing government and third party interests in the settlement area, including government and surface leases, exploration agreements, recorded mining rights, timber permits and harvesting agreements, fee simple grants and the like.

1.4
Initial land selection maps shall be prepared for the settlement area by the Gwich'in, and may identify up to one and one-half times the total land quantum. The maps shall show subsurface selections, if any, under such lands. An estimate of the area of each selection shall also be indicated on the maps.

1.5
Government review and analysis of land selection maps shall occur primarily in the Northwest Territories, and negotiations and map exchanges shall be centralized in the Northwest Territories to expedite the land selection process.

1.6
Upon completion of all land selections, the maps and any agreements in respect of the selections shall be initialled by the parties.

1.7

1. The initialled land selection maps shall, if required, be transposed onto alternative scale maps. The transposing of the maps shall be the responsibility of government.

2. Upon completion, the transposed maps shall be brought to the negotiating table for final review by the parties for accuracy.

1.8

1. Unless it is otherwise agreed, the initialled agreements and maps shall form the basis for Orders-in-Council to withdraw the lands for purposes of interim protection in accordance with clause 1 of the Interim Provisions dated February 7, 1991. The Orders-in-Council are to be prepared as soon as possible after initialling.

2. The parties shall develop a joint communications plan for the release of information and maps to the public.

3. Upon withdrawal, both parties shall have 60 days to conduct a period of review and consultation concerning the initialled agreements and maps.

4. Upon completion of the review period specified in (c), the initialled maps and agreements shall be confirmed or amended, and the land withdrawal amended by Order-in-Council.

5. The confirmed agreements and maps shall only be reopened for negotiation if specifically agreed by the parties.

1.9

1. Where land proposed for selection is owned or ordinarily resided on by a person eligible to be a participant, the Gwich'in shall give written notice to that person that such lands are proposed for land selection and, prior to that selection being accepted by government, the Gwich'in shall obtain a written consent to such selection from that person. The Gwich'in shall obtain a transfer or release of that person's interest prior to the lands becoming Gwich'in lands.

2. Existing fee simple lands are not available for selection unless the title holder consents.

1.10
Prior to the commencement of land selection, government shall provide the Gwich'in with maps or lists of all proposed parks or other protected areas in the settlement area. The identification of new parks or other protected areas may be considered in the course of land selection negotiations. Provisions relating to particular protected areas may be included in this agreement.

1.11
Gwich'in land selection shall be made so as to leave communities with sufficient land for public purposes and for private, residential and commercial purposes and to leave sufficient land which is reasonably accessible to communities for public use for recreation and harvesting wildlife.

1.12
Government shall provide a list of all identified hazardous waste sites and available information pertaining thereto at the time of land selection.

2 LAND SELECTION - SETFLEMENT LANDS

2.1
The initial land selection maps referred to in 1.4 shall be prepared using 1:250,000 scale National Topographic Series maps.

2.2
The Gwich'in shall indicate on the land selection maps any existing significant public routes which are in common use.

2.3
Government shall review the areas indicated on the maps provided by the Gwich'in and advise the Gwich'in of the position of government as to the suitability of those lands for negotiation.

2.4
Unless otherwise agreed, maps for the selection of settlement lands and Gwich'in municipal lands shall be tabled simultaneously for each community.

2.5
Land selections in the settlement area shall be fairly representative of the topography and quality of the lands in the settlement area.

2.6
The lands selected in respect of any community need not be identical in quantity to the lands selected in respect of other communities.

2.7
Where the objectives of the parties cannot be met through the process of land selection, negotiations at the time of land selection may provide the Gwich'in with special harvesting rights for fish and for other species of wildlife in designated areas.

2.8
During land selection, the parties may determine locations where the public rights of access in 20.2. 1(a)(ii) and (iii) and the commercial rights of access in 20.4.2(a)(ii) and (iii) are restricted.

2.9
During land selection the parties shall determine those areas where the public access referred to in 20.2.2(a) and (b) shall apply. These negotiations will be intended to balance the desire of the Gwich'in for exclusive possession of their lands and the interest of the public in having sufficient opportunity to fish and hunt migratory game birds.

2.10
Unless otherwise agreed, Gwich'in lands shall not be selected within 30.48 metres (100 feet) of the boundary of the settlement area.

3 LOCAL GOVERNMENT BOUNDARY DETERMINATION

3.1
The Government of the Northwest Territories and the Gwich'in shall review the boundaries of local governments.

3.2
The review and analysis of local government boundaries shall be conducted by representatives of the Gwich'in and the Government of the Northwest Territories. Local government authorities may participate in the review under the aegis of the Government of the Northwest Territories.

3.3
After an agreement has been reached adjusting or confirming local government boundaries, the Government of the Northwest Territories shall adjust the boundaries forthwith.

3.4
Upon joint agreement by the Government of the Northwest Territories and the Gwich'in on local government boundaries, this review process shall terminate.

3.5
Where there are no local government boundaries established in legislation the Development Control Zone boundary shall constitute the boundary for the purpose of land selection.

4 LAND SELECTION - GWICH'IN MUNICIPAL LANDS

4.1
Initial data-base preparation shall be completed by the Government of the Northwest Territories for each local government, and include a text and/or maps as follows:

1. a map of the existing local government boundary to 1:50,000 scale;

2. local government mapping at 1:2,000 scale, showing all surveyed and unsurveyed parcels and topographic features;

3. textual data base showing land ownership/ dispositions including expiry dates of leases; and

4. where 1:2,000 maps are not available, the Government of the Northwest Territories shall provide an appropriate alternate map.

4.2
The Government of the Northwest Territories shall verify its respective data base in consultation with each local government authority.

4.3
Upon receipt, the Government of the Northwest Territories shall forward the data base to the Gwich'in Tribal Council.

4.4
The Gwich'in shall subsequently prepare land selection maps for each local government using local government planning maps where possible or the largest scale maps available.

4.5

1. The level of detailed planning (i.e., identification of individual lot boundaries and road allowances within the built-up portion of the local government and future expansion areas within that boundary) may vary from local government to local government.

2. In cases where detailed planning is not available for those lands identified for selection by the Gwich'in, including those lands selected within the area designated as expansion lands within the local government boundary, land selection shall proceed in accordance with

   1. a description of the building occupied by a person eligible to be a participant, including sufficient land around the building, taking into account past use and the local government norm, with the understanding that this description will be reflected within the subdivision plan, when prepared; or

   2. a description of the unoccupied government land by way of a sketch map illustrating approximate dimensions with the understanding that the dimensions will be finalized when a subdivision plan is prepared.

4.6
The Gwich'in shall forward maps as described in 4.4 to the Government of the Northwest Territories, and a copy shall be sent to the appropriate public local authority for the preparation of a formal government response.

4.7
The Gwich'in and government may agree to the selection of lands, which shall become Gwich'in municipal lands, within local government boundaries as follows:

1. lands noted within the Land Register of the Department of Indian Affairs and Northern Development as reserved in the name of the Indian Affairs Branch, with the exception of public roads or facilities within those lands;

2. lands owned or occupied by persons eligible to be participants, whether through lease or occupancy, excepting public roads, provided the owner or occupant and any other person with a superior interest in the land agree in writing. The Gwich'in shall obtain a transfer or release of such interest prior to the lands becoming Gwich'in municipal lands;

3. unoccupied Crown or Commissioner's lands; and

4. lands within the built up areas of communities.

4.8
Lands in the following categories may not be selected:

1. land which is privately owned in fee simple or subject to an agreement for sale, unless the owner or purchaser agrees in writing. The Gwich'in shall obtain a transfer or release of the owner or purchaser's interest prior to the lands becoming Gwich'in municipal lands; and

2. all land administered by and/or reserved in the name of any department or agency of the federal, territorial or municipal governments, except in exceptional circumstances.

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