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1998 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 22nd day of April, 1999

Ian D. Izard, Law Clerk

BILL 51: NIS G A'A FINAL AGREEMENT ACT –

SCHEDULE

CHAPTER 3 OF 22

CHAPTER 3

LANDS

NIS G A'A LANDS

General

1. On the effective date, Nis g a'a Lands consist of all

lands, including islands, within the boundaries set out in Appendix A except submerged

lands, the Gingietl Creek Ecological Reserve, the Nis g a'a Highway corridor, and the

lands within the boundaries set out in Appendix B:

a. Appendix B-1 – land in the vicinity of Red Bluff that has been

set apart as Indian Reserve No. 88;

b. Appendix B-2 – land in respect of which British Columbia has

granted an estate in fee simple;

c. Appendix B-3 – land in respect of which British Columbia has

granted an agriculture lease or woodlot licence; and

d. Appendix B-4 – roads associated with the land referred to in

Appendix B-2.

2. On the effective date, Nis g a'a Lands comprise 1,992

square kilometres, more or less, of land in the lower Nass Valley, consisting of:

a. 1,930 square kilometres, more or less; and

b. 62 square kilometres, more or less, of lands identified as former

Nis g a'a Indian reserves in Appendix A-4, and which cease to be Indian reserves on

the effective date.

Ownership of Nis g a'a Lands

3. On the effective date, the Nis g a'a Nation owns Nis g a'a

Lands in fee simple, being the largest estate known in law. This estate is not subject to

any condition, proviso, restriction, exception, or reservation set out in the Land Act,

or any comparable limitation under any federal or provincial law. No estate or interest in

Nis g a'a Lands can be expropriated except as permitted by, and in accordance with,

this Agreement.

4. In accordance with this Agreement, the Nis g a'a

Constitution, and Nis g a'a law, the Nis g a'a Nation may:

a. dispose of the whole of its estate in fee simple in any parcel of

Nis g a'a Lands to any person; and

b. from the whole of its estate in fee simple, or its interest, in

any parcel of Nis g a'a Lands, create, or dispose of any lesser estate or interest to

any person, including rights of way and covenants similar to those in sections 218 and 219

of the Land Title Act

without the consent of Canada or British Columbia.

5. A parcel of Nis g a'a Lands does not cease to be Nis g a'a

Lands as a result of any change in ownership of an estate or interest in that parcel.

6. All methods of acquiring a right in or over land by

prescription or by adverse possession, including the common law doctrine of prescription

and the doctrine of the lost modern grant, are abolished in respect of Nis g a'a

Lands.

7. If, at any time, any parcel of Nis g a'a Lands, or any

estate or interest in a parcel of Nis g a'a Lands, finally escheats to the Crown, the

Crown will transfer, at no charge, that parcel, estate or interest to the Nis g a'a

Nation.

8. Neither:

a. any estate or interest of the Nis g a'a Nation or a Nis g a'a

Village in any parcel of Nis g a'a Lands to which the provincial Torrens system does

not apply; nor

b. any interest, right, privilege or title of the Nis g a'a

Nation or a Nis g a'a Village reserved or excepted by the Nis g a'a Nation or

Nis g a'a Village from any creation or disposition of an estate or interest in a

parcel of Nis g a'a Lands

is subject to attachment, charge other than charges that are

liens in favour of Canada or British Columbia, seizure, distress, execution, or sale,

except under an instrument, including a mortgage or other security instrument, in favour

of a person and granted by the Nis g a'a Nation or the Nis g a'a Village, or if

allowed under a law made by Nis g a'a Lisims Government under paragraph 44 of the Nis g a'a

Government Chapter.

Additions to Nis g a'a Lands

9. If, at any time, the Nis g a'a Nation, a Nis g a'a

Village, a Nis g a'a Corporation, or a Nis g a'a citizen owns the estate in fee

simple to any parcel of land within the boundaries set out in Appendix B-1, B-2, or B-3,

the Nis g a'a Nation may, with the consent of the owner, add that parcel of land to

Nis g a'a Lands. That parcel of land, together with any roads identified in Appendix

B-4 associated with it, will become Nis g a'a Lands upon receipt by Canada and

British Columbia of written notice from the Nis g a'a Nation identifying that parcel

of land and attaching the written consent of the owner of that parcel of land.

10. If, at any time:

a. British Columbia owns the estate in fee simple to any land within

the boundaries set out in Appendix B-2; or

b. any land within the boundaries set out in Appendix B-3 ceases to

be subject to an agriculture lease or a woodlot licence existing on the effective date

British Columbia will offer to sell the estate in fee simple to

that land to the Nis g a'a Nation for a price not to exceed fair market value.

11. If, at any time, the Nis g a'a Nation, a Nis g a'a

Village, a Nis g a'a Corporation or a Nis g a'a citizen owns the estate in fee

simple to a parcel of land that is contiguous with Nis g a'a Lands, other than land

referred to in Appendix B-1, B-2, or B-3, the Nis g a'a Nation may, with the consent

of the owner and the agreement of Canada and British Columbia, add the land to Nis g a'a

Lands. If the owner consents and Canada, British Columbia, and the Nis g a'a Nation

agree that the land may be added to Nis g a'a Lands, the land will become Nis g a'a

Lands upon receipt by Canada and British Columbia of written notice in accordance with

that agreement.

12. If the Nis g a'a Nation adds a parcel of land to Nis g a'a

Lands under paragraph 9 or 11, that land will be subject to:

a. any existing charge, encumbrance, licence, or permit;

b. any subsisting condition, proviso, restriction, exception, or

reservation, contained in:

i. the original grant or disposition from the Crown,

ii. any other grant or disposition from the Crown, or

iii. the Land Act

other than those in favour of the Crown at the time of the

addition of the parcel of land to Nis g a'a Lands; and

c. any limitation under federal or provincial law comparable to those

set out in subparagraph 12(b), other than those in favour of the Crown at the time of the

addition of the parcel of land to Nis g a'a Lands.

13. When a parcel of land becomes Nis g a'a Lands under

paragraph 9 or 11, any subsisting condition, proviso, restriction, exception, or

reservation referred to in subparagraph 12(

b) or (

c) that is in favour of the Crown

at the time of the addition of the parcel of land to Nis g a'a Lands, will terminate.

14. If the Nis g a'a Nation adds a parcel of land to Nis g a'a

Lands under paragraph 9 or 11, Appendix A-1, A-2, and A-3, and Appendix B-1, B-2, B-3, or

B-4, as the case may be, will be amended to reflect the change to the boundaries of Nis g a'a

Lands.

Boundary Resolution

15. If a Party provides the other Parties with a proposal to

clarify the location of any part of a boundary of Nis g a'a Lands, the Parties will

follow the procedure set out in

Schedule A.

Designations of Nis g a'a Lands

16. Nis g a'a Lands comprise Nis g a'a Public Lands,

Nis g a'a Private Lands, and Nis g a'a Village Lands.

17. Nis g a'a Public Lands are Nis g a'a Lands other

than those designated by Nis g a'a Lisims Government as Nis g a'a Village Lands

or Nis g a'a Private Lands.

18. Nis g a'a Private Lands include:

a. lands in which Nis g a'a Lisims Government creates an

exclusive interest; and

b. lands that are otherwise required for uses that are incompatible

with public access, including commercial, cultural, or resource development uses.

MINERAL RESOURCES

19. For greater certainty, in accordance with paragraph 3, on

the effective date the Nis g a'a Nation owns all mineral resources on or under Nis g a'a

Lands.

20. Nis g a'a Lisims Government has the exclusive

authority to determine, collect, and administer any fees, rents, royalties, or other

charges in respect of mineral resources on or under Nis g a'a Lands.

21. Nis g a'a Lisims Government and British Columbia may

enter into agreements in respect of the application on Nis g a'a Lands of provincial

administrative systems relating to:

a. claim staking;

b. recording and inspecting of subsurface exploration and

development;

c. the collection of fees, rents, royalties, and other charges by

British Columbia on behalf of Nis g a'a Lisims Government; and

d. other similar matters.

SUBMERGED LANDS WITHIN NIS G A'A

LANDS

22. British Columbia owns the submerged lands within Nis g a'a

Lands.

23. British Columbia will provide written notice to the Nis g a'a

Nation of any proposed disposition of an estate or interest in, or use or occupation of,

submerged lands within Nis g a'a Lands.

24. British Columbia will not, in respect of submerged lands

within Nis g a'a Lands:

a. grant an estate in fee simple;

b. grant a lease that, with any rights of renewal, may exceed 25

years;

c. transfer administration and control for a period that may exceed

25 years; or

d. otherwise dispose of an estate or interest in, or authorize the

use or occupation of, submerged lands within Nis g a'a Lands if that disposition,

use, or occupation would adversely affect Nis g a'a Lands or Nis g a'a interests

set out in this Agreement

without the consent of the Nis g a'a Nation, which consent

will not be unreasonably withheld.

25. If the Nis g a'a Nation, a Nis g a'a Village, a

Nis g a'a Corporation, or a Nis g a'a citizen applies to British Columbia to

acquire an estate or interest in, or for authorization to use or occupy, submerged lands

within Nis g a'a Lands, British Columbia will not unreasonably refuse to grant the

estate or interest or to issue the authorization if:

a. the Nis g a'a Nation has consented to the acquisition, use,

or occupation; and

b. the proposed acquisition or authorization conforms to provincial

law respecting the disposition, use, or occupation of submerged lands within British

Columbia.

26. A dispute as to whether:

a. the Nis g a'a Nation is unreasonably withholding consent

under paragraph 24; or

b. British Columbia is unreasonably refusing to grant an estate or

interest, or to issue an authorization, under paragraph 25

will be finally determined by arbitration under the Dispute

Resolution Chapter.

27. For greater certainty, paragraphs 22 to 26 do not affect

any property rights of upland owners of Nis g a'a Lands adjacent to submerged lands.

INTERESTS ON NIS G A'A LANDS

Definition of "Interests"

28. In paragraphs 29 to 41, "interests"

includes estates, interests, charges, mineral claims, encumbrances, licences, and permits.

Former Interests Cease to Exist

29. On the effective date:

a. the Nis g a'a Nation's title to Nis g a'a Lands is free

and clear of all interests, except:

i. those granted or issued under paragraphs 30 to 40,

ii. those referred to in paragraph 41,

iii. those continued or issued under the transition provisions of

the Forest Resources Chapter, and

iv. those granted under the Roads and Rights of Way Chapter; and

b. subject to paragraph 41, and the transition provisions of the

Forest Resources Chapter, every interest that, before the effective date, encumbered or

applied to the lands that are Nis g a'a Lands, ceases to exist.

Replacement Interests

30. The Nis g a'a Nation, in accordance with paragraphs 31

to 40, and the Roads and Rights of Way Chapter, will grant or issue interests to those

persons who are named in Appendix C-1 as persons who, immediately before the

effective date, had interests in the lands that comprise Nis g a'a Lands on the

effective date.

31. On the effective date, the Nis g a'a Nation will

execute documents granting or issuing to each person named in Appendix C-1 that person's

interest, as set out in that Appendix.

32. A document executed under paragraph 31 for an interest set

out in

Part I of Appendix C-1 will be in the applicable form set out in Appendix C-2 and

will include any modifications agreed upon in writing before the effective date by the Nis g a'a

Tribal Council and the person entitled to the interest.

33. On the effective date, the Nis g a'a Nation will issue

to each person named in Appendix C-5 a certificate of possession for the parcel of

Nis g a'a Lands ascribed to that person and described in Appendix C-5.

34. On the effective date, the Nis g a'a Nation will issue

to each person named in Appendix C-6 a certificate of possession for the parcel of Nis g a'a

Lands ascribed to that person and described in Appendix C-6.

35. A person to whom the Nis g a'a Nation issues a

certificate of possession under paragraph 33 or 34 will have substantially the same right

to possess the described parcel of Nis g a'a Lands as the person would have had as

the holder of a certificate of possession under the Indian Act immediately before

the effective date, modified to reflect Nis g a'a Government jurisdiction over, and

Nis g a'a Nation ownership of, Nis g a'a Lands.

36. After the effective date, the Nis g a'a Nation or a

Nis g a'a Village may, in accordance with Nis g a'a law, replace the

certificates of possession issued under paragraphs 33 or 34 with estates or interests in,

or licences to use or possess, the described parcels of Nis g a'a Lands. If the

certificates of possession are replaced with licences, the licences will include rights to

use and possess the land comparable to, or greater than, those set out in those

certificates of possession.

37. A document referred to in paragraph 31, 33 or 34, or in

paragraph 7 of the Roads and Rights of Way Chapter, will be deemed to be:

a. delivered by the Nis g a'a Nation on the effective date; and

b. executed and delivered by each person referred to in those

paragraphs on the effective date, whether or not the document is actually executed or

delivered by that person.

38. The Nis g a'a Nation will, as soon as practicable

after the effective date, physically deliver the applicable document:

a. to each person named in Appendix C-1, C-5, or C-6; or

b. to any other person who, before the effective date:

i. was identified in writing to the Nis g a'a Tribal Council

by Canada or British Columbia as the person who, instead of a person named in Appendix C-1

or C-5, should receive an interest referred to in Appendix C-1 or C-5 by reason of death,

any form of transfer, error or operation of law, or

ii. was identified in writing to Canada and British Columbia by

the Nis g a'a Tribal Council as the person who, instead of a person named in

Appendix C-6, should receive an interest referred to in Appendix C-6 by reason of

death, any form of transfer, error or operation of law

and the Appendix will be amended to reflect the change.

39. If Canada or British Columbia notifies the Nis g a'a

Nation that an interest granted under paragraph 30, 31, 33, or 34:

a. is in the name of a person who was not actually entitled to the

interest on the effective date; or

b. contains a clerical error or a wrong description of a material

fact

the appropriate Parties will take reasonable measures to

rectify the error.

40. Any right of way of the nature described in

section 218 of

the Land Title Act that is granted by the Nis g a'a Nation under this

Agreement is legally binding and enforceable notwithstanding that the Nis g a'a Lands

to which the right of way relates are not subject to the Land Title Act.

Licences and Traplines

41. The traplines, guide outfitter licence and certificate, and

angling guide licences set out in Appendix C-7 are retained by the persons who hold those

interests on the effective date in accordance with provincial laws of general application

and the Wildlife and Migratory Birds Chapter. If an interest referred to in this paragraph

is not renewed or replaced, that interest will cease to exist.

Indemnities

42. British Columbia will indemnify and save harmless the Nis g a'a

Nation from any damages, losses, liabilities, or costs, excluding fees and disbursements

of solicitors and other professional advisors, that the Nis g a'a Nation may suffer

or incur in connection with or as a result of any claims, demands, actions, or proceedings

relating to or arising out of:

a. the omission from Appendix C-1 of the name of a person who,

immediately before the effective date, had an interest in Nis g a'a Lands that had

been granted by British Columbia; or

b. the incorrect naming of a person in Appendix C-1 as a person

entitled to an interest, where another person was actually entitled, immediately before

the effective date, to the interest in Nis g a'a Lands that had been granted by

British Columbia.

43. Canada will indemnify and save harmless the Nis g a'a

Nation from any damages, losses, liabilities, or costs, excluding fees and disbursements

of solicitors and other professional advisors, that the Nis g a'a Nation may suffer

or incur in connection with or as a result of any claims, demands, actions, or proceedings

relating to or arising out of:

a. the omission from Appendix C-1 or C-5 of the name of a person who,

immediately before the effective date, had an interest in or a certificate of possession

in respect of Nis g a'a Lands that had been granted by Canada; or

b. the incorrect naming of a person in Appendix C-1 or C-5 as a

person entitled to an interest or certificate of possession, where another person was

actually entitled, immediately before the effective date, to the interest or the

certificate of possession in respect of Nis g a'a Lands that had been granted by

Canada.

SITE REMEDIATION

44. British Columbia will inspect the sites set out in

Schedule

B and will undertake, or cause to be undertaken, appropriate remediation of any

contamination at each site as follows:

a. British Columbia, or the person undertaking the remediation, will

give notice to the Nis g a'a Nation no more than 60 days before commencing the

remediation; and

b. whether a site is contaminated, and the nature and extent of the

appropriate remediation, will be determined under British Columbia law and, for the

purposes of those determinations, the use of the site will be deemed to be either:

i. the actual use of the site on the date of the notice under

subparagraph (a); or

ii. if the site is not in use on the date of the notice under

subparagraph (a), the use identified in

Schedule B.

NIS G A'A FEE SIMPLE LANDS OUTSIDE

NIS G A'A LANDS

45. Nis g a'a Fee Simple Lands consist of Category A Lands

and Category B Lands as described in Appendix D.

Category A Lands

46. Category A Lands are the parcels of land set out in

Appendix D-2 and D-3, and consist of:

a. the lands identified as former Nis g a'a Indian reserves in

Appendix D-2 and D-3; and

b. certain lands adjacent to some of those former Nis g a'a

Indian reserves.

47. On the effective date, the lands outside Nis g a'a

Lands that are identified as former Nis g a'a Indian reserves in Appendix D-2 and D-3

cease to be Indian reserves.

48. On the effective date, the Nis g a'a Nation owns the

estate in fee simple to Category A Lands.

49. The estate in fee simple to Category A Lands is subject to

the rights referred to in subparagraph 50 (1) (a) (iii) of the Land Act but is not

subject to any other conditions, provisos, restrictions, exceptions, or reservations set

out in

section 50 of the Land Act, and no estate or interest in Category A Lands

can be expropriated from the Nis g a'a Nation, a Nis g a'a Village, a Nis g a'a

Corporation, or a Nis g a'a citizen except as permitted by, and in accordance with,

this Agreement.

50. On the effective date, subject to paragraph 51, the estate

in fee simple to Category A Lands is free and clear of all estates, interests, charges,

mineral claims, encumbrances, licences, and permits, except those set out in Appendix D-4.

51. On the effective date, the Nis g a'a Nation owns all

mineral resources on or under Category A Lands, free and clear of all estates, interests,

charges, mineral claims, encumbrances, licences, and permits, except for the mineral

claims set out in Appendix D-4.

52. On the effective date, British Columbia owns the submerged

lands within the Category A Lands other than the submerged lands within the Category A

Lands described in Appendix D-2 as former I.R. Nos. 24, 27, and 27A, and extensions,

and those submerged lands are owned by the Nis g a'a Nation.

53. A parcel of Category A Lands ceases to be Category A Lands

if no estate or interest in that parcel is owned by the Nis g a'a Nation, a Nis g a'a

Village, a Nis g a'a Corporation or a Nis g a'a citizen.

54. If the Nis g a'a Nation disposes of the estate in fee

simple in the Category A Lands described in Appendix D-2 as former I.R. No. 15 and

extension, it will reserve to itself a blanket right of way for the purpose of providing

road access across that parcel to adjacent lands. The Nis g a'a Nation will, on

request of British Columbia, assign the benefit of the right of way over that portion of

that parcel upon which the forest service road existing on the effective date is located,

in accordance with the following:

a. any assignment will be on reasonable terms, including the location

of the requested right of way area, its width considering the intended use, its effect on

neighbouring lands and payment of fair compensation, but, notwithstanding subparagraph (

d) of the definition of "fair compensation", particular cultural values will not be

included in the determination of fair compensation; and

b. if British Columbia and the Nis g a'a Nation are unable to

agree on the terms of the assignment, including the reasonableness of the proposed terms

or location of the requested right of way area, the terms of the assignment will be

finally determined by arbitration under the Dispute Resolution Chapter, but the arbitrator

will not have authority to require British Columbia to accept an assignment of the right

of way.

Provincial Expropriation of Category A Lands

55. A provincial expropriating authority may expropriate an

estate or interest in Category A Lands from the Nis g a'a Nation, a Nis g a'a

Village, a Nis g a'a Corporation, or a Nis g a'a citizen under provincial

legislation only if the expropriation is:

a. justifiable and necessary for a provincial public purpose;

b. of the smallest estate or interest necessary, and for the shortest

time required, for that provincial public purpose;

c. by and for the use of a provincial ministry or agent of the

provincial Crown; and

d. with the consent of the Lieutenant Governor in Council.

56. If a provincial expropriating authority expropriates less

than the estate in fee simple in Category A Lands from the Nis g a'a Nation, a Nis g a'a

Village, a Nis g a'a Corporation, or a Nis g a'a citizen, British Columbia will

provide the owner of the interest expropriated with fair compensation.

57. If a provincial expropriating authority expropriates the

estate in fee simple, including the mineral resources, in Category A Lands from the Nis g a'a

Nation, a Nis g a'a Village, or a Nis g a'a Corporation, British Columbia will

provide the owner of the estate in fee simple with:

a. equivalent Crown land if:

i. the owner and the Nis g a'a Nation request compensation in

the form of equivalent Crown land, and

ii. equivalent Crown land is available; or

b. fair compensation if:

i. the owner and the Nis g a'a Nation do not request

equivalent Crown land,

ii. equivalent Crown land is not available, or

iii. the owner, the Nis g a'a Nation, and British Columbia

otherwise agree.

58. If a provincial expropriating authority expropriates the

estate in fee simple, including the mineral resources, in Category A Lands from a Nis g a'a

citizen, British Columbia will provide the owner of the estate in fee simple with fair

compensation.

59. If a provincial expropriating authority expropriates the

estate in fee simple, excluding any mineral resources, in Category A Lands under paragraph

55, the owner of the estate in fee simple and the Nis g a'a Nation may require

British Columbia to include the mineral resources in the expropriation. If the owner and

the Nis g a'a Nation require British Columbia to include the mineral resources in the

expropriation, paragraph 57 applies to the expropriation.

60. Unless British Columbia and the Nis g a'a Nation

otherwise agree, any lands provided by British Columbia to the Nis g a'a Nation, a

Nis g a'a Village, a Nis g a'a Corporation, or a Nis g a'a citizen as

compensation for an expropriation of an estate or interest in Category A Lands will become

Category A Lands.

Category B Lands

61. Category B Lands are the parcels of land outside Nis g a'a

Lands set out in Appendix D-6 and D-7.

62. On the effective date, the Nis g a'a Nation owns the

estate in fee simple to Category B Lands.

63. The estate in fee simple to Category B Lands is subject to

the conditions, provisos, restrictions, exceptions, and reservations set out in paragraph

50 (1) (

a) of the Land Act, except that set out in subparagraph 50 (1) (a) (

i) of

the Land Act, but no estate or interest in Category B Lands can be expropriated

from the Nis g a'a Nation, a Nis g a'a Village, a Nis g a'a Corporation, or

a Nis g a'a citizen except as permitted by, and in accordance with, this Agreement.

64. On the effective date, subject to paragraph 65, the estate

in fee simple to Category B Lands is free and clear of all estates, interests, charges,

mineral claims, encumbrances, licences, and permits, except those set out in Appendix D-8.

65. On the effective date, British Columbia owns the submerged

lands within the Category B Lands.

66. On the effective date, British Columbia owns the mineral

resources on or under the Category B Lands that are reserved to the Crown under

subparagraph 50 (1) (a) (ii) of the Land Act.

67. A parcel of Category B Land ceases to be Category B Lands

if no estate or interest in that parcel is owned by the Nis g a'a Nation, a Nis g a'a

Village, a Nis g a'a Corporation, or a Nis g a'a citizen.

Provincial Expropriation of Category B Lands

68. A provincial expropriating authority may expropriate the

estate in fee simple or any interest in Category B Lands from the Nis g a'a Nation, a

Nis g a'a Village, a Nis g a'a Corporation, or a Nis g a'a citizen under

provincial legislation only if compensation is provided in accordance with paragraphs 69

to 72.

69. If a provincial expropriating authority expropriates less

than the estate in fee simple in Category B Lands from the Nis g a'a Nation, a Nis g a'a

Village, a Nis g a'a Corporation, or a Nis g a'a citizen, British Columbia will

provide the owner of the interest expropriated with fair compensation.

70. If a provincial expropriating authority expropriates the

estate in fee simple in Category B Lands from the Nis g a'a Nation, a Nis g a'a

Village, or a Nis g a'a Corporation, British Columbia will provide the owner of the

estate in fee simple with:

a. equivalent Crown land if:

i. the owner and the Nis g a'a Nation request compensation in

the form of equivalent Crown land, and

ii. equivalent Crown land is available; or

b. fair compensation if:

i. the owner and the Nis g a'a Nation do not request

equivalent Crown Land,

ii. equivalent Crown land is not available, or

iii. the owner, the Nis g a'a Nation and British Columbia

otherwise agree.

71. If British Columbia expropriates the estate in fee simple

in Category B Lands from a Nis g a'a citizen, British Columbia will provide the owner

with fair compensation.

72. Unless British Columbia and the Nis g a'a Nation

otherwise agree, any lands provided by British Columbia to the Nis g a'a Nation, a

Nis g a'a Village, a Nis g a'a Corporation, or a Nis g a'a citizen as

compensation for an expropriation of an estate or interest in Category B Lands will become

Category B Lands.

FEDERAL ACQUISITION OF INTERESTS IN NIS G A'A

LANDS AND

NIS G A'A FEE SIMPLE LANDS

General

73. Canada acknowledges that it is of fundamental importance to

maintain the size and integrity of Nis g a'a Lands and Nis g a'a Fee Simple

Lands, and therefore, as a general principle, estates or interests in Nis g a'a

Lands, or Nis g a'a Fee Simple Lands, will not be expropriated under federal

legislation.

Governor in Council Consent

74. Notwithstanding paragraph 73, an estate or interest in a

parcel of Nis g a'a Lands, or Nis g a'a Fee Simple Lands, may be expropriated

under federal legislation if the Governor in Council consents to the expropriation.

75. The Governor in Council will consent to an expropriation of

an estate or interest in a parcel of Nis g a'a Lands, or Nis g a'a Fee Simple

Lands, only if the expropriation:

a. is justifiable and necessary for a federal public purpose; and

b. is of the smallest estate or interest necessary, and for the

shortest time required, for that federal public purpose.

76. The Governor in Council will not consent to an

expropriation of a parcel of Nis g a'a Lands, or Nis g a'a Fee Simple Lands, if

other lands suitable for the federal public purpose are reasonably available.

77. Before the Governor in Council considers an expropriation

of an estate or interest in a parcel of Nis g a'a Lands, or Nis g a'a Fee Simple

Lands, it will ensure that Canada has:

a. consulted the Nis g a'a Nation;

b. ensured that reasonable efforts have been made to acquire the

estate or interest through agreement with the owner of the estate or interest; and

c. provided the Nis g a'a Nation with all information relevant

to the expropriation other than federal Cabinet documents.

78. If the Governor in Council consents to an expropriation,

Canada will provide the Nis g a'a Nation with the reasons for the expropriation.

Effect of Expropriation

79. If an estate or interest in a parcel of Nis g a'a

Lands is expropriated under paragraph 74, Nis g a'a laws continue to apply to that

parcel of land except to the extent that those laws are inconsistent with the ability to

use and occupy that land for the purpose for which that estate or interest was

expropriated.

80. If less than the estate in fee simple as described in

paragraph 3 in a parcel of Nis g a'a Lands is expropriated under paragraph 74, the

owner of the estate in fee simple in that parcel of land may continue to use and occupy

that land, except to the extent that the use or occupation is inconsistent with the

purpose for which that estate or interest was expropriated.

81. If there is an expropriation under paragraph 74 of the

estate in fee simple as described in paragraph 3 in a parcel of Nis g a'a Lands, or

of the estate in fee simple in a parcel of Nis g a'a Fee Simple Lands, Canada will,

at the request of Nis g a'a Lisims Government, ensure that reasonable efforts are

made to acquire alternative land of equivalent significance and value to offer as part or

all of the compensation for the expropriation. Any alternative land that is contiguous

with Nis g a'a Lands may become Nis g a'a Lands in accordance with paragraph 9.

82. Canada will ensure that the owner of the estate or interest

that is expropriated under paragraph 74 receives compensation, taking into account:

a. the cost of acquiring alternative land of equivalent significance

and value;

b. the market value of the estate or interest that is expropriated;

c. the replacement value of any improvements on the land that is

expropriated;

d. disturbance caused by the expropriation; and

e. if the owner of the estate or interest that is expropriated is the

Nis g a'a Nation, a Nis g a'a Village, a Nis g a'a Corporation, or a Nis g a'a

citizen, any adverse effect on any cultural or other special value of the land to the Nis g a'a

Nation or a Nis g a'a Village.

83. If less than the estate in fee simple as described in

paragraph 3 in a parcel of Nis g a'a Lands, or less than the estate in fee simple in

a parcel of Nis g a'a Fee Simple Lands, has been expropriated under paragraph 74 but

is no longer required for the purpose for which it was expropriated, Canada will ensure

that the interest in those lands is transferred at no charge to the owner of the estate in

fee simple. The terms of that transfer will be negotiated by the Nis g a'a Nation and

Canada at the time of the expropriation.

84. If the estate in fee simple as described in paragraph 3 in

a parcel of Nis g a'a Lands, or a parcel of Nis g a'a Fee Simple Lands, has been

expropriated under paragraph 74 but is no longer required for the purpose for which it was

expropriated, Canada will ensure that the estate in fee simple is transferred at no charge

to the Nis g a'a Nation or the Nis g a'a Village, as the case may be. The terms

of that transfer will be negotiated by the Nis g a'a Nation and Canada at the time of

the expropriation.

85. The consent of the Governor in Council is not required to

determine whether the estate or interest is no longer required for the purpose for which

it was expropriated.

86. The Nis g a'a Nation or Canada may refer a dispute in

respect of the value and nature of the compensation, or the terms of transfer, to be

finally determined by arbitration under the Dispute Resolution Chapter.

INITIAL SURVEYS

87. Before the effective date, or as soon as practicable after

the effective date, surveys will be conducted of the boundaries of Nis g a'a Lands

and Nis g a'a Fee Simple Lands in accordance with instructions to be issued by the

Surveyor General of British Columbia and approved by the Parties (the "Initial

Surveys").

88. British Columbia and Canada will, as agreed between them,

pay the full cost of the Initial Surveys.

89. The Parties may, before or after the effective date, amend

Appendices A and D to reflect minor adjustments that may be agreed upon by the Parties as

a result of the Initial Surveys.

COMMERCIAL RECREATION TENURE

90. After the effective date, at the request of the Nis g a'a

Nation, British Columbia will issue a commercial recreation tenure (the "Nis g a'a

commercial recreation tenure") to the Nis g a'a Nation, or to a Nis g a'a

Corporation designated by the Nis g a'a Nation, for the areas set out in Appendix E

based on the "Nis g a'a Commercial Recreation Tenure Management Plan"

developed by the Nis g a'a Tribal Council and British Columbia and approved on July

6, 1998.

91. The term of the Nis g a'a commercial recreation tenure

will be 27 years.

92. If no request is made under paragraph 90 within 90 days

after the effective date, British Columbia will issue the Nis g a'a commercial

recreation tenure to the Nis g a'a Nation no later than 100 days after the effective

date.

93. The first seven years of the term of the Nis g a'a

commercial recreation tenure will be a phase-in period, and during that period:

a. the Nis g a'a commercial recreation tenure will permit, but

not require, the Nis g a'a Nation or the designated Nis g a'a Corporation to

carry out activities in accordance with the Nis g a'a Commercial Recreation Tenure

Management Plan; and

b. British Columbia will not issue another commercial recreation

tenure within the areas set out in Appendix E that conflicts with the Nis g a'a

Commercial Recreation Tenure Management Plan.

94. The Nis g a'a Nation may, with the consent of British

Columbia, which consent will not be unreasonably withheld, assign the Nis g a'a

commercial recreation tenure to a Nis g a'a Corporation, and upon that assignment

British Columbia will release the Nis g a'a Nation from any obligations under the

tenure that are assumed by the assignee.

HERITAGE SITES AND KEY GEOGRAPHIC FEATURES

95. On the effective date, British Columbia will designate as

provincial heritage sites the sites of cultural and historic significance outside Nis g a'a

Lands that are set out in Appendix F-1. The Parties acknowledge that those sites may

have cultural or historic significance to persons or groups other than the Nis g a'a

Nation.

96. On the effective date, British Columbia will:

a. record the Nis g a'a names and historic background

information for the geographic features that are set out in Appendix F-2 in the British

Columbia Geographic Names data base (BCGNIS); and

b. name or rename in the Nis g a'a language the geographic

features that are set out in Appendix F-3.

97. After the effective date, the Nis g a'a Nation may

propose that British Columbia name or rename other geographic features with Nis g a'a

names, and British Columbia will consider those proposals in accordance with applicable

provincial laws.

PARKS AND ECOLOGICAL RESERVE

Definitions

98. In paragraphs 99 to 118:

a. "Park" means Anhluut'ukwsim La x mihl

Angwinga'asanskwhl Nis g a'a, the Nis g a'a Memorial Lava Bed Park; and

b. "Ecological Reserve" means the Gingietl Creek

Ecological Reserve, #115.

General

99. Subject to this Agreement, British Columbia's authority and

responsibilities in respect of the Park and the Ecological Reserve will continue.

100. Subject to paragraph 101, Nis g a'a citizens have the

right to traditional uses of the lands and resources within the Park and the Ecological

Reserve, including domestic resource harvesting, in accordance with this Agreement and in

a manner consistent with any management plan agreed to by the Nis g a'a Nation and

British Columbia.

101. Unless the Nis g a'a Nation and British Columbia

otherwise agree, British Columbia will not permit commercial resource extraction or other

commercial activity within the Park or the Ecological Reserve.

102. The Nis g a'a Nation has the right to participate in

the planning, management, and development of the Park and the Ecological Reserve in

accordance with this Agreement.

Anhluut'ukwsim Laxmihl Angwinga'asanskwhl Nis g a'a,

Nis g a'a Memorial Lava Bed Park

103. Unless the Nis g a'a Nation and British Columbia

otherwise agree, British Columbia will continue the Park as a Class "A"

provincial park or a provincial park with an equivalent classification.

104. On the effective date, the boundaries of the Park are as

set out in Appendix G-1.

105. Nis g a'a history and culture are, and will be

promoted as, the primary cultural features of the Park.

106. In order to facilitate the planning, management, and

development of the Park, British Columbia and the Nis g a'a Nation will continue the

Joint Park Management Committee that was established under the Memorandum of Understanding

between the Nis g a'a Tribal Council and British Columbia dated April 30, 1992.

107. The Joint Park Management Committee will review and make

recommendations to the Minister and Nis g a'a Lisims Government in respect of:

a. the development and periodic revision of the master plan, and all

other plans, applicable to or proposed for the Park;

b. encumbrances, park use permits, and other interests and

authorizations, applicable to or proposed for the Park;

c. any business plans, operations budgets, and capital budgets

proposed for the Park;

d. archaeological and other research projects, cultural and

interpretive programs, publications, and communications strategies proposed for the Park

or the Ecological Reserve;

e. planning and management of activities, including development, on

Crown land and Nis g a'a Lands that could affect the Park;

f. issues relating to the management of the Ecological Reserve; and

g. issues relating to traditional uses of resources, including cedar

trees.

108. The Joint Park Management Committee has no more than six

members. The Nis g a'a Nation and British Columbia will each appoint no more than

three members as their representatives.

109. The Joint Park Management Committee will meet as often as

is necessary to carry out its responsibilities, and will establish its procedures.

110. Whenever possible, the Joint Park Management Committee

will carry out its responsibilities by consensus. If there is no consensus, the Joint Park

Management Committee will submit the recommendations of each Party's representatives.

111. After considering the recommendations of the Joint Park

Management Committee made under paragraph 107, the Minister, on a timely basis, will

approve or reject in whole or in part the recommendations, other than those in respect of

Nis g a'a Lands, made by the Joint Park Management Committee or its members, and will

provide written reasons for rejecting in whole or in part those recommendations. Any

approval or rejection of a recommendation will be consistent with this Agreement.

112. If special circumstances make it impracticable to receive

recommendations from the Joint Park Management Committee, the Minister:

a. may make the decision or take the action that the Minister

considers necessary, without receiving recommendations from the Joint Park Management

Committee;

b. will advise Nis g a'a Lisims Government and the Joint Park

Management Committee as soon as practicable of that decision or action; and

c. will provide Nis g a'a Lisims Government and the Joint Park

Management Committee with written reasons for that decision or action.

113. British Columbia has the responsibility to fund the Park

in accordance with appropriations for parks in British Columbia. British Columbia will

provide similar treatment over time to the Park as it generally provides to comparable

parks in British Columbia.

Gingietl Creek Ecological Reserve

114. Unless the Nis g a'a Nation and British Columbia

otherwise agree, British Columbia will continue the Ecological Reserve as an ecological

reserve or another equivalent designation.

115. On the effective date, the boundaries of the Ecological

Reserve are as set out in Appendix G-2.

116. At the request of the Nis g a'a Nation, the Nis g a'a

under which, a road across the Ecological Reserve can be located, constructed, and

controlled, in a manner that will have minimal adverse impact on the unique ecological

values for which the Ecological Reserve was established.

117. If it is determined under paragraph 116 or 118 that a road

across the Ecological Reserve can be constructed, the Nis g a'a Nation may construct,

operate, and maintain the road as if it were a Nis g a'a road that is not within Nis g a'a

Village Lands, and British Columbia will issue to the Nis g a'a Nation an exclusive

determined under paragraph 116 or 118.

118. The Nis g a'a Nation or British Columbia may refer a

dispute under paragraph 116 or 117 to be finally determined by arbitration under the

Dispute Resolution Chapter.

Other Parks

119. British Columbia will consult with the Nis g a'a

Nation in respect of planning and management of other provincial parks in the Nass Area.

120. On the effective date, British Columbia will establish,

and thereafter continue, Bear Glacier Park as a Class "A" provincial park, or a

provincial park with an equivalent classification, with the boundaries set out in Appendix

G-3.

121. At the request of any of the Parties, the Parties will

negotiate and attempt to reach agreement on the establishment of a marine park in the Nass

Area, but, for greater certainty, Canada is not obliged to establish a national park,

national park reserve, or a national marine park, or to reach agreement on the

establishment of a national park, national park reserve, or a national marine park.

WATER VOLUMES

Nis g a'a Water Reservation

122. On the effective date, British Columbia will establish a

Nis g a'a water reservation, in favour of the Nis g a'a Nation, of 300,000 cubic

decametres of water per year from:

a. the Nass River; and

b. other streams wholly or partially within Nis g a'a Lands

for domestic, industrial, and agricultural purposes.

123. The Nis g a'a water reservation will have priority

over all water licences other than:

a. water licences issued before March 22, 1996; and

b. water licences issued pursuant to an application made before

March 22, 1996.

124. The Nis g a'a Nation, a Nis g a'a Village, a Nis g a'a

Corporation, or a Nis g a'a citizen may, with the consent of the Nis g a'a

Nation, apply to British Columbia for water licences for volumes of flow to be applied

against the Nis g a'a water reservation.

125. The total volume of flow under water licences to be

applied against the Nis g a'a water reservation of each stream may not exceed:

a. the percentage of the available flow, specified in

Schedule C, of

each stream set out in that Schedule; or

b. 50% of the available flow of any stream not set out in

Schedule C.

126. If the Nis g a'a Nation, a Nis g a'a Village, a

Nis g a'a Corporation, or a Nis g a'a citizen applies to British Columbia for a

water licence for a volume of flow to be applied against the Nis g a'a water

reservation and:

a. the Nis g a'a Nation has consented to the application;

b. the application conforms to provincial regulatory requirements;

c. the application is for a volume of flow that, together with the

total volume of flow licenced for that stream under this paragraph, does not exceed the

percentage of available flow for that stream referred to in paragraph 125; and

d. there is a sufficient unlicensed volume of flow in the Nis g a'a

water reservation

British Columbia will approve the application and issue the

water licence. The volume of flow approved in a water licence issued under this paragraph

will be deducted from the unlicensed volume of flow in the Nis g a'a water

reservation.

127. If a water licence issued under paragraph 126 is

cancelled, expires, or otherwise terminates, the volume of flow in that licence will be

added to the unlicensed volume of flow in the Nis g a'a water reservation.

128. A water licence issued under paragraph 126 will not be

subject to any rentals, fees, or other charges by British Columbia.

129. If the Nis g a'a Nation, a Nis g a'a Village, a

Nis g a'a Corporation, or a Nis g a'a citizen applies to British Columbia for a

water licence for a volume of flow from a stream wholly or partially within Nis g a'a

Lands and:

a. all of the available flow for that stream referred to in paragraph

125 is licensed under paragraph 126;

b. the Nis g a'a Nation has consented to the application;

c. the application conforms to provincial regulatory requirements;

and

d. the stream contains a sufficient volume of:

i. unrecorded water, and

ii. flow to ensure conservation of fish and stream habitats, and

to continue navigability, as determined by the Minister in accordance with the provisions

of this Agreement

to meet the volume of flow requested in the application

British Columbia will approve the application and issue the

water licence. The volume of flow approved in a water licence issued under this paragraph

will not be deducted from the unlicensed volume of flow in the Nis g a'a water

reservation.

130. British Columbia will consult with the Nis g a'a

Nation about all applications for water licences in respect of streams wholly or partially

within Nis g a'a Lands.

131. If a person other than the Nis g a'a Nation, a Nis g a'a

Village, a Nis g a'a Corporation, or a Nis g a'a citizen has a water licence and

reasonably requires access across, or an interest in, Nis g a'a Lands for the

construction, maintenance, improvement, or operation of works authorized under the

licence, Nis g a'a Government may not unreasonably withhold consent to, and will take

reasonable steps to ensure, that access or the granting of that interest, if:

a. the licence holder offers fair compensation to the owner of the

estate or interest affected; and

b. the licence holder and the owner of the estate or interest

affected agree on the terms of the access or the interest, including the location, size,

duration, and nature of the interest.

132. If the Nis g a'a Nation, a Nis g a'a Village, a

Nis g a'a Corporation, or a Nis g a'a citizen has a water licence approved under

paragraph 126 or 129 and reasonably requires access across, or an interest in, Crown land

for the construction, maintenance, improvement, or operation of works authorized under the

licence, British Columbia will grant the access or interest on reasonable terms.

133. British Columbia or the Nis g a'a Nation may refer a

dispute arising under paragraph 131 or 132 to be finally determined by arbitration under

the Dispute Resolution Chapter.

134. If the Nis g a'a Nation, a Nis g a'a Village, a

Nis g a'a Corporation, or a Nis g a'a citizen has a water licence approved under

paragraph 126 or 129 and reasonably requires access across, or an interest in, lands set

out in Appendix B-2 for the construction, maintenance, improvement, or operation of works

authorized under the licence, the Nis g a'a Nation, Nis g a'a Village, Nis g a'a

Corporation, or Nis g a'a citizen may acquire the access or interest in accordance

with provincial laws of general application.

135. The Nis g a'a Nation may nominate a water bailiff

under the Water Act for:

a. that portion of the Nass River within Nis g a'a Lands; and

b. other streams wholly or partially within Nis g a'a Lands

and British Columbia will not unreasonably withhold appointment

of that nominee.

136. Notwithstanding paragraph 128, if British Columbia

appoints a water bailiff nominated by the Nis g a'a Nation under paragraph 135, the

water bailiff will be compensated in accordance with provincial laws of general

application.

137. This Agreement is not intended to grant the Nis g a'a

Nation any property in water.

138. This Agreement does not preclude the Nis g a'a

Nation, a Nis g a'a Village, a Nis g a'a Corporation, or a Nis g a'a

citizen from selling water in accordance with federal and provincial laws.

139. The Nis g a'a Nation, a Nis g a'a Village, a Nis g a'a

Corporation, or a Nis g a'a citizen may apply in accordance with provincial laws of

general application for a water licence in respect of a stream wholly outside Nis g a'a

Lands.

Nis g a'a Hydro Power Reservation

140. In addition to the Nis g a'a water reservation

established under paragraph 122, British Columbia will establish a water reservation in

favour of the Nis g a'a Nation, for 20 years after the effective date, of all of the

unrecorded waters of all streams, other than the Nass River, that are wholly or partially

within Nis g a'a Lands (the "Nis g a'a Hydro Power Reservation"), to

enable the Nis g a'a Nation to investigate the suitability of those streams for hydro

power purposes, including related storage purposes.

141. If the Nis g a'a Nation applies for a water

reservation for hydro power purposes on a stream subject to the Nis g a'a Hydro Power

Reservation, British Columbia will, after considering the results of any investigations

referred to in paragraph 140, establish a water reservation for hydro power purposes and

any related storage purposes on the unrecorded waters of that stream if it considers that

stream to be suitable for hydro power purposes.

142. If British Columbia establishes a water reservation for a

stream under paragraph 141, the Nis g a'a Hydro Power Reservation will terminate in

respect of that stream.

143. If, after British Columbia establishes a water reservation

under paragraph 141, the Nis g a'a Nation applies for a water licence for hydro power

purposes and any related storage purposes for a volume of flow from the stream subject to

that water reservation, British Columbia will grant the water licence if the proposed

hydro power project conforms to federal and provincial regulatory requirements.

144. If British Columbia issues a water licence under paragraph

143 for a stream, the water reservation established under paragraph 141 will terminate in

respect of that stream.

SCHEDULE A – BOUNDARY RESOLUTION

1. Within a reasonable time after a Party provides the other

Parties with a written proposal to clarify the location of a part of a boundary of Nis g a'a

Lands, the Parties will negotiate and attempt to reach agreement on whether, how, and at

whose cost to undertake the proposed clarification of boundary location.

2. Unless the Parties otherwise agree, the cost as between the

Parties of any field survey undertaken to clarify the location of a part of a boundary of

Nis g a'a Lands will be borne by:

a. the Party authorizing an activity causing the need for

clarification of the boundary location; or

b. the Party proposing clarification of the boundary location, if no

Party has authorized an activity causing the need for clarification of the boundary

location.

3. If the Parties do not agree on whether, how, or at whose

cost to undertake the proposed boundary clarification, any Party may refer the matter to

be finally determined by arbitration under the Dispute Resolution Chapter.

4. If the Parties agree to undertake the field survey of a part

of a boundary of Nis g a'a Lands, or if an arbitrator orders the field survey of a

part of a boundary of Nis g a'a Lands, the Parties will provide notice to the

Surveyor General of British Columbia of the agreement of the Parties or the order of the

arbitrator.

5. Upon receiving notice under paragraph 4, the Surveyor

General will prepare and submit to the Parties for approval provisional survey

instructions, based on prevailing provincial survey standards, for the part of the

boundary of Nis g a'a Lands.

6. After the Parties have approved the survey instructions for

the part of the boundary of Nis g a'a Lands, the Surveyor General will issue the

approved survey instructions to the British Columbia Land Surveyor designated by the Party

responsible for the costs of the survey or, where more than one Party is responsible, to

the British Columbia Land Surveyor designated by those Parties. The Party or Parties

responsible for the costs of the survey will be determined in accordance with paragraphs 2

and 3.

7. After the designated British Columbia Land Surveyor has, in

accordance with the approved survey instructions, completed the field survey and submitted

the required survey plans to the Surveyor General and the Parties, Appendix A will be

amended to reflect the survey.

SCHEDULE B – LIST OF SITES

Sites On Nis g a'a Lands That Are Not On Former Nis g a'a

Indian Reserves

Site Name and Use

General Location

Forestry Activities

Lavender Logging Camp

Located in general vicinity of Taylor Creek on Nass Kwinatahl FSR 7876-04

103P.046

Ksedin Logging Camp

SUP 16189

Northern side of Nis g a'a Highway at 10km from Ginlulak

103P.013

Ginlulak Log Sort and Dump

SUP 9764

On Ishkheenickh Road at 2.5km from Nis g a'a Highway turnoff

103P.003

Kwinatahl Camp

Sim Gan Logging Camp and Dryland Sort

SUP 19897 and 22417

Near Kwinatahl River on Ksadin to Alice Arm Road

103P.035

Tower Logging Camp

In vicinity of bridge crossing of Ishkheenickh River

103I.093

Monkley Log Dump

In vicinity of northwestern corner of former IR12, Lacktesk

103I.092

Upper and Lower Clark Log Sort and Dump

In vicinity of eastern boundary of former IR9 and Ishkheenickh Road RO7816

103P.003

Kinskuch Log Sort and Dump

In vicinity of former IR53, southern shore of Nass River opposite mouth of Kinskuch

River

103P.056

Log Sort and Dump

On eastern side of Nass River where road comes down to river west of Cassiar DL3061

103P.025

Omar Island Log Sort

Nass River in vicinity of former IR29A

103P.014

River Shack Fuelling Area

In vicinity of southwestern corner of former IR29 Zaulzap, near Nis g a'a Highway

103P.014

Water Gauge and Stoney Point General Work Area

On northern side of Nis g a'a Highway at 18km from Ginlulak

103P.014

14k General Work Area

In vicinity of Nis g a'a Highway at 14km from Ginlulak

103P.014

Dragon Lake Forestry Camp

In area of campground

103P.036

Sort Yard

On both sides of Nass – Kinskuch FSR near junction with Nass – Kwinatahl Road

103P.046

Landfills

New Aiyansh Landfill

At end of Dump Road

103P.025

Ksedin Landfill

Southern side of Nis g a'a Highway, 12km from Ginlulak

103P.014

Highway Activities

MOTH Gravel Pits

Listed in

Schedule A, Roads and Rights of Way

Chapter

Sites On Nis g a'a Fee Simple Lands That Are Not On Former Nis g a'a

Indian Reserves

Echo Cove Logging Camp

Iceberg Bay

103I.091

SCHEDULE C – WATER VOLUMES

Streams Partially Within Nis g a'a Lands

for Which a Percentage of Available Water Flow Has Been Specified

Stream Name

Percentage

Available

Flow

B.C.G.S. Map References

Scowban Creek (unofficial name)

50%

103P.001

Ishkheenickh River

26%

103I.062, 103I.063, 103I.072, 103I.073, 103I.074, 103I.082, 103I.083, 103I.084,

103I.092, 103I.093 and 103I.094

Ksemamaith Creek

29%

103P.003, 103P.004, 103P.013 and 103P.014

Kshadin Creek

10%

103P.044, 103P.045, 103P.046, 103P.054 and 103P.055

Tseax River

10%

103I.094, 103I.095, 103I.096, 103P.004, 103P.005, 103P.006, 103P.014, 103P.015,

103P.016, 103P.017, 103P.025 and 103P.026

Kwinatahl River

10%

103P.033, 103P.034, 103P.035, 103P.043, 103P.044 and 103P.045

Tchitin River

10%

103P.044, 103P.045, 103P.046, 103P.054, 103P.055, 103P.056, 103P.064 and 103P.065

Ksedin Creek

12%

103I.084, 103I.085, 103I.093, 103I.094, 103I.095, 103P.003 and 103P.004

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