Kitsumkalum Agreement-in-Principle
CHAPTER 3 – LANDS
General
1.
2.
On the Effective Date, Kitsumkalum Lands will consist of approximately 45,406.3 hectares,
including:
a)
597 hectares, more or less, of Former Kitsumkalum Indian Reserves, identified in
Appendix B-2;
b)
44,809.3 hectares, more or less, of former provincial Crown land, identified in Appendix
B-3; and
c)
other lands identified in Appendix B to the Final Agreement.
For greater certainty, the lands identified in Appendix B do not include:
a)
any fee simple lands held by third parties;
b)
submerged lands, except where those lands form part of an existing Indian Reserve held
on behalf of Kitsumkalum; and
c)
lands encumbered by Provincial Roads, Rights of Way, gas transmission pipelines,
legally established recreation sites and trails or developed gravel pits, as identified in
Appendix B to the Final Agreement.
3.
For greater certainty, Railway Corridors will not form part of Kitsumkalum Lands.
4.
Subject to paragraph 3, the Parties agree that Kitsumkalum may raise further issues or concerns
regarding the exclusion of Railway Corridors from Kitsumkalum Lands during Final Agreement
negotiations.
5.
As soon as practicable after this Agreement is signed, Canada and British Columbia, as
appropriate, will seek approval to protect the provincial Crown land referred to in subparagraph
1(b). British Columbia will seek the approval to put in place:
6.
a)
a Part 13 designation under the Forest Act;
b)
a section 16 map reserve under the Land Act; and
c)
a no staking reserve and no disposition notice under the Mineral Tenure Act.
As soon as practicable after this Agreement is approved by Kitsumkalum, British Columbia will
implement the Kitsumkalum Incremental Treaty Agreement for the transfer of 158 hectares
more or less to a company designated by Kitsumkalum.
Other Kitsumkalum Lands
7.
The Parties understand that before the Final Agreement, Kitsumkalum will propose other land
for consideration during Final Agreement negotiations, including lands linked with traditional
harvest sites in the coastal area.
8.
The Final Agreement will provide a process for agreed upon fee simple lands acquired by
Kitsumkalum to be included as Kitsumkalum Lands.
9.
Kitsumkalum ownership of any lands that may be agreed upon in paragraph 8 will be:
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