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Dehcho Land Use Planning Committee Mark Warren Michael Nadli Bob Overvold Petr Cizek Tim Lennie 2
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Planning Chronology 4
Land Use Planning Chronology 2001-2007 May Interim Measures Agreement signed by DFN, Canada, 2001 and GNWT that establishes Dehcho Land Use Planning Committee (DLUPC). Feb DFN, Canada, GNWT appoint representatives to 2002 DLUPC. Office established in Fort Providence and staff recruitment begins. June DLUPC releases “Draft Land Use Plan.” DFN and 2005 Canada sign Pipeline Settlement Agreement that commits Canada to implement plan as soon as possible after it is approved. 5
Chronology of Revisions to Dehcho Land Use Plan 2007-2008 June DLUPC releases “Final Draft Land Use Plan” based on 2006 over 140 meetings with communities and stakeholders, 2 regional forums, and 117 written submissions. DFN unanimously approves plan at Annual Assembly. Nov Canada writes a letter to DFN stating its intent to 2006 terminate the DLUPC and to consider the Land Use Plan only after the completion of an “Agreement-in- Principle” (AiP). April DFN, Canada, and GNWT sign “Dehcho Land Use 2007 Plan Revisions – Terms of Reference and Workplan” and agree to prepare an “Interim Land Use Plan” 6
Chronology of Revisions to Dehcho Land Use Plan 2007-2008 Aug Canada and GNWT appoint new representatives to DLUPC (Bob 2007 Overvold for Canada and Mark Warren for GNWT). DFN maintain original representatives Petr Cizek and Tim Lennie. Herb Norwegian resigns as Chair. Mike Nadli appointed as Chair/Chief Executive Officer. Oct DLUPC revises land use plan. Seven three-day 2007- workshops/technical sessions and three “working group” meetings June held. Progress reports presented to Dehcho Process Main Table 2008 in Nov 2007 and Dehcho Leadership Meeting in March 2008. Louie Azzolini, Terra-Firma Consultants, retained as land use planning consultant in Jan 2008. May Consider comments from Chiefs and Elders forum and other DFN 2008 consultations. June Dehcho Assembly DLUPC Update. 2008 7
Zoning Maps 8
Map 1: Approved by the Dehcho First Nations - June 2006 9
Map 2: Dehcho Revised Interim Land Use Plan - March, 2008 10
Definition of Conformity Requirements, Actions, and Recommendations 11
1. Federal Protected Area Initiatives Zones are separate federal initiatives for Candidate Protected Areas or National Parks with Interim Protection. 2. Conservation Zones are areas with significant ecological and cultural values. They provide adaptive protection to lands of important cultural or ecological value. Of the five types of land use controlled by zoning, only tourism, and with specific limitations, feeder pipelines are permitted in Conservation Zones, subject to the Interim Plan’s Conformity Requirements. One zone prohibits tourism as well (Birch Lake – Zone 7). 3. Special Management Zones are areas where there is significant potential for both conservation and resource development together. Special Management Zones were established to promote certain types of land use or protect values while allowing some forms of land use to proceed. To achieve these goals, each Special Management Zone prohibits at least one of the five land use types addressed, while permitting others, subject to the Interim Plan’s other Conformity Requirements. The only Special Management Zone that permits non-renewable resource extraction is Jean Marie South Zone 28 which permits oil/gas. 12
4. Special Development Zones are areas where there is significant potential for both conservation and resource development. Special Development Zones permit both oil/gas and mining subject to zone- specific terms and conditions. In some Special Development Zones other land uses are also permitted (Forestry, Agriculture and Tourism). 5. General Use Zones permit all land uses, subject to the Interim Plan’s Conformity Requirements and the Regulatory Regime. 6. Special Infrastructure Corridors delineate two study corridors for proposed pipeline projects. The construction and operation of a pipeline is permitted within these corridors, subject to the Interim Plan’s Conformity Requirements, even where the corridors cross Zones where oil and gas operations are not permitted otherwise. All zone requirements and restrictions continue to apply in the corridors except where and to the extent that the Interim Plan states an exception. 13
1. Conformity Requirements are legally-binding rules for how a land use is to be carried out. Will usually be implemented through “Policy Direction” from the Minister of DIAND to the Mackenzie Valley Land and Water Board. Apply only to land uses that require a land use permit, lease or other interest in land, water licence, commercial fishing licence, big game outfitter licence, or outfitter licence, or other authorizations. Existing land uses and traditional land use and occupancy are exempt from Conformity Requirements. 2. Actions are measures directed at the Dehcho First Nations, GNWT or Canada that do not regulate land or water use (e.g. research, meetings) and are not legally binding. 3. Recommendations are statements which provide advisory guidance to Responsible Authorities, governments, and other organizations on additional measures that will help achieve the goals of the Plan; for clarity, they are not legally binding requirements, but where appropriate, should be given consideration in future land use decisions and policy initiatives. 14
Current Revisions, March 2008 6 Types of Zones Conservation 24.2% Fed. Protected Areas* 25.5% Special Management 3.9% Special Development 25.3% General Use 21.1% Special Infrastructure Corridors [0.77%] Total 100% * Federal Protected Areas refers to Edehzhie and Nahanni National Park which are separate processes outside of the development of the Interim Land Use Plan which are subject to change. 15
Conformity Requirements, Actions, Recommendations Final Draft June 2006 March 2008 Draft LUP LUP: Revisions: 25 Conformity Requirements – 15 Conformity Requirements 17 Actions – 4 Actions 34 Recommendations – 20 Recommendations 16
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Cumulative Effects Management CR#13 Regulators will consider an cumulative effects evaluation conducted by the Dehcho Land Use Planning Committee. Draft Changes : No change to previous version of CR#24. Cumulative Effects Research A#4 The Dehcho First Nation(s), Canada and the Government of the Northwest Territories in cooperation with the Committee, will create a Working Group in consultation with Regulatory Authorities, industry and other planning partners to carry out research about cumulative effects…(as listed in detail). Draft Changes : Grouping of A#13, A#14, A#15, A#16, and R#26 into A#4. Work still required on how best to deal with thresholds of disturbance. 20
Recommendations from Elders and Chiefs Forum (almost done) ! Request by delegates: 2006 Map currently titled “Draft Land Use Map” to have statement added: “approved by the Dehcho First Nations (Kakisa Assembly 2006).” Agreed. ! “Pay the Water Ceremony” should be added to R#2 (Respect Dene Values, Laws, and Principles). Agreed. ! Dehcho Guides and Monitors are essential and should be included in the Plan. Under review. ! “Slavey” will be changed to “Dene Zhatie.” Agreed with Slavey following in brackets. ! R#11 – Mine Reclamation Planning and Security should be referred to the Main Table negotiators and form part of Dehcho Resource Management Act. Agreed. 21
Chiefs and Elders’ Forum (cont.) ! “Give consideration/ to consider” should be changed into stronger wording (reference C#15 & R#18). Under review. ! The Committee should check into the deleted CR/R/A’s, especially those that have socio-economic relevance, and refer them to the appropriate committees organizations, corporations etc. The leadership will be asked for their advice as well. Agreed. ! KFN requested a change in zoning. They would like “tourism” to be included into Zone 15 (Buffalo Lake and Trails). Agreed. ! Add General recommendations about incorporating climate change issues in all land use decisions. Agreed. 22
Zoning Implications of Edehzhie/Nahanni If zone boundaries are adjusted through the Nahanni Park Expansion and Ed é hzh í e PAS processes prior to Interim Plan review, any areas omitted from the approved protected area boundary will take on the Special Development Zone designation unless otherwise agreed to by the Parties. Any adjustment to the boundaries will trigger an automatic review of the Interim Plan and may result in further changes to their designation . 23
Mackenzie Valley Pipeline Corridor CR#2 Mackenzie Valley Pipeline (Special Infrastructure Corridor) Establishes a “Special Infrastructure Corridor” based on the pipeline study corridor negotiated with Canada and Imperial Oil in the 2003 Interim Land Withdrawals, which avoids the most sensitive areas such as Trainor Lake, ponds and wetlands near JMR, Fort Simpson Mackenzie River Crossing, and north of Wrigley. Draft Changes : Still being negotiated. No agreement yet on this CR The DLUPC has not yet agreed on how to address amendments to the Interim Plan should the proposed Mackenzie Valley Pipeline be outside of the existing infrastructure corridor outlined in the Interim Plan. 24
Renewal/Sunset Clause 25
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