r I Diana Island Management Agreement Term Sheet December

,... r""" I , , Diana Island Management Agreement - Term Sheet December 9, 2006 ....... I r r I r I - r r r ~ BRITISH COLUMBIA The: Best Place: on Eanh -- r r r I I r DIANA ISLAND MANAGEMENT AGREEMENT - TERM SHEET Status of Term Sheet 1. The purpose of this Term Sheet is to set out the main terms and conditions to be included in a Diana Island Management Agreement (the "Agreement") to be negotiated between Huu-ay-aht First Nations ("Huu-ay-aht") and Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Aboriginal Relations and Reconciliation and the Minister of Agriculture and Land ("the Province") (collectively the "Parties"). Except where otherwise set out in this Term Sheet, the term "Diana Island" refers to the 139 hectares of provincial Crown lands on Diana Island and does not include the two Huu-ay-aht Indian Reserves totaling 60 hectares that will become Maa-nulth First Nation Lands of the Huu-ay-aht First Nations upon the Effective Date of the Maa-nulth First Nations Final Agreement. (Refer to the attached map.) This Term Sheet is not intended to create legally binding obligations and is not an exhaustive list of all matters or provisions that the Parties may negotiate and include in the Agreement. The negotiators for the Parties acknowledge that they will require approval from their respective principals prior to proceeding to complete the Agreement in accordance with this Term Sheet. In the case of the Provincial representatives, this will require approval in principle from the above noted Ministers. Subject to obtaining any necessary approvals, it is the intention of the Parties to execute the Agreement as soon as practicable prior to ratification of the Maa-nulth First Nations Final Agreement by the Maa-nulth First Nations. The Agreement will come into force and effect on the Effective Date of the Maa-nulth First Nations Final Agreement. The negotiators for the Parties agree that this Term Sheet satisfies the following requirement in the August 4,2006, Letter of Understanding signed by the Chief Negotiators for the Maa-nulth First Nations, Canada, and British Columbia: "Agreement between the Huu-ay-aht First Nation and British Columbia on a proposal to be recommended to their respective principals to address Huu-ay-aht First Nations' interest in the protection of Diana Island." .... 2. 3. r I 4. I I r r I r 5. Objectives of the Agreement 6. The Agreementwill set out that the objectiveof the Parties regardingDiana Island are the following: a) protect the Huu-ay-aht's cultural,spiritual,and heritagevalues on Diana Island; b) protect the natural values of Diana Island; . w r r Diana Island Management Agreement - Term Sheet 1 I I r r I r r I c) d) e) ...... f) - g) ..... permit the continuedpursuit of Huu-ay-ahttraditionalactivitieson Diana Island consistentwith the Maa-nulthFirst Nations Final Agreement,and promote Huu-ay-aht's connectionto Diana Island; provide for continueduse and recreationopportunitieson Diana Island for British Columbians; identify appropriatecommercial,recreationand other uses of Diana Island; ensure due process for British Columbiansto have their interests fairly consideredin the managementof Diana Island; and provide for a harmonizationof the managementof land and resources between the provincial Crown lands and Maa-nulthFirst Nation Lands of the Huu-ay-ahtFirst Nations on Diana Island. Agreement Management 7. 8. I r r r r r r I 9. The Agreementwill provide that the Ministry of Agricultureand Lands will invite an applicationfrom Huu-ay-ahtfor a Head Lease under the Land Act for Diana Island. The Agreementwill addressthe following: a) terms and reservationsconsistentwith protectingthe natural, cultural, spiritualand heritagevalues of Diana Island, appropriatefor the proposed Head Lease; b) appropriatecommercial,recreationand other uses of Diana Island; c) duration,terminationand renewal opportunitiesof the proposedHead Lease; d) rent fees pursuant to the proposedHead Lease; e) revenue-sharingarrangementregardingany sub-tenuresissued by Huu-ayaht pursuant to the proposedHead Lease,consistentwith provincial practices; f) preparationof a managementplan for Diana Island that will guide Huuay-aht's administrationof the proposedHead Lease; g) process for consideringthe interestsof other British Columbianswho have an interest in Diana Island, in the managementplan and any management decisions; h) process for approvinga managementplan initiallydevelopedand any subsequentmanagementplans; i) Huu-ay-aht's managementstructureto administerthe Head Lease; j) resolving any potentialconflictsbetween the managementplan, the Head Lease and any plans, zoning or by-laws of the applicableregional district; k) resolving any disputesregardingthe interpretationor applicationof the Agreement,the proposed Head Lease,or the ManagementPlan; and 1) any other matter the Parties agree to. During the negotiationof the Agreement,the Partieswill considerthe inclusionof the foreshoreadjacent to Diana Island, and any appropriateterms or reservations on the foreshoreareas, in the proposedHead Lease. Diana Island Management Agreement - Term Sheet 2 r r r 10. 11. 12. 13. If a Head Lease is issuedto Huu-ay-aht,Huu-ay-ahtwould be entitled to issue and managesub-tenureson Diana Island in accordancewith the terms and reservationsof the proposedHead Lease and the Agreement. The Agreementwill set out that Ministerialauthority will not be fetteredby either the Agreementor the negotiationsregardingthe terms or issuanceof a proposed Head Lease to Huu-ay-aht. The Agreementwill set out that the Huu-ay-aht's managementstructure, administration,and activitiesassociatedwith the proposedHead Lease will be self-financing. The Agreementwill includea process for consultationwith the Huu-ay-aht regardingpotentialtenure applicationson the nearshore adjacentto the island. Other Protective Measures 16. The Ministry of Aboriginal Relations and Reconciliation commits to work with: a) the Ministry of Energy, Mines and Petroleum Resources 'towards establishing a mineral reserve on Diana Island under the Mineral Tenure Act preventing the registration of mineral title on Diana Island; and b) the Ministry of Forests and Range towards removing Diana Island from the Arrowsmith Timber Supply Area and the operable forest land base. rI I This term sheet is hereby approved by the parties on the date set out below. HUU-AY-AHT FIRST NATIONS r -,..... t:)<:< "7 ~ ate / BRITISH COLUMBIA r r ~ /J Mark Lofth9U~e Chief Provlnc1al Negotiator Date r Diana Island ManagementAgreement - Term Sheet 3 r ] --::J -""1 II::J -1 - 1 --, J -1 ] , -1 J -1 1 1 -, J Diana Island ASSAG Legend L LIT E s " T E .., (:...J0 /l D Diana Island So. K".,~IR~ P.,,~~Y~INT- Po" ~ o ~ ...\. .+, s o I "'11'. Po" 325 I 650 975 I I ""'".. 1,300 I 1,625 I o " <1- <1- o .. " ~... LJ.... r ~ ...,... ~, "I'I'~ ~ ~ ~ to ~ C. Whtl..bn, Po" Produced by: In"graled Land Management Bureau " Nuu-<:hah-rutth\ArcGlsProject&lMaa-oolthlt>r_mel'l¥_nsr ldiena 2OO60914.mxd Prqectlcn'Dalurn: Alb..s Equal Area ConilNAD83 Dale O"ea!ed/~vised: December 08, 2006 O"ea!ed by: Cl$, 9N, sls RIe Palhname: IR 9 KEESHAN <1o ~ ~ <1- .... BRmSH COLUMIUA Ministry of Aboriginal Relations and Rt:a>ndliation .