Kitsumkalum Agreement-in-Principle
71.
a)
interests or estates, granted or continued on the Effective Date, or thereafter replaced in
accordance with the Final Agreement, unless specifically provided for in the Final
Agreement;
b)
interests or estates expropriated or otherwise acquired after Effective Date by a Federal
Expropriating Authority or a Provincial Expropriating Authority; and
c)
any other interests upon which the Parties have agreed to in the Final Agreement.
For the purposes of subparagraph 69.b), Kitsumkalum may make laws with respect to estates or
interests in Kitsumkalum Lands that are:
a)
not recognized under Federal Law or Provincial Law; or
b)
recognized under Federal Law or Provincial Law provided that they are consistent with
Federal Law or Provincial Law with respect to those estates or interests.
72.
For greater certainty, a Kitsumkalum Law under subparagraph 69.b)iv) in respect of an interest
granted under paragraph 36 is not inconsistent with common law principles.
73.
Subject to paragraph 74, Kitsumkalum Law under paragraph 69 prevails to the extent of a
Conflict with Federal Law or Provincial Law.
74.
Federal Law or Provincial Law with respect to matrimonial real property prevails to the extent
of a Conflict with Kitsumkalum Law made under subparagraphs 69.b) and 69.c).
75.
Before the Final Agreement, the Parties will address the issue of Kitsumkalum land use and the
continued safe operation of the Terrace Airport, and make any necessary changes to the Final
Agreement to reflect the agreement of the Parties.
Agricultural Land Reserve
76.
Before the Final Agreement the Parties will address the question of agricultural land reserve
designations on Kitsumkalum Lands.
Commercial Recreation Tenure
77.
Before the Final Agreement, Kitsumkalum and British Columbia will develop management
plans for proposed commercial recreation tenures that British Columbia and Kitsumkalum may
agree to, which:
a)
set out the recreational activities;
b)
reflect the environmental values in the defined area;
c)
set out the boundaries of the operating areas; and
d)
set out phase-in periods for the operations.
78.
After the Effective Date and upon satisfactory application by Kitsumkalum, British Columbia
will issue commercial recreation tenures to Kitsumkalum for the operating areas described in
the management plans in paragraph 77.
79.
During the phase-in period for any commercial recreation tenures to be issued under paragraph
78, British Columbia will not issue other commercial recreation tenures which would directly
conflict with the management plans for Kitsumkalum commercial recreation tenures.
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