Enhancing the Value of Aboriginal Assets - Brian Kinzie
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  • 1. Enhancing the Value of Aboriginal Assets: Modernization of Lands Management Presented by Lands Unit, Lands and Economic Development, BC Region Brian Kinzie December 17, 2013
  • 2. Overview 1. First Nations Commercial and Industrial Development Act 2. First Nations Land Management Act 3. Land Use Planning Initiative
  • 3. First Nations Commercial and Industrial Development Act (FNCIDA) The First Nations Commercial and Industrial Development Act is: • Designed to address regulatory gaps • Enabling legislation • Places reserve lands on par with surrounding jurisdictions
  • 4. Regulations Under FNCIDA • Can only be made at the request of a First Nation • Are project specific and limited in application • Replicate provincial laws for a major commercial or industrial project • To date, five projects have been initiated under FNCIDA: – – – – – Ft. McKay First Nation oil sands mine Ft. William First Nation fibre-board facility Squamish Nation condominium development Haisla Nation liquid natural gas facility Muskowekwan First Nation potash mine
  • 5. The First Nations Commercial and Industrial Development Act does not…. • Extend provincial jurisdiction on reserve lands • Apply automatically to all First Nations or projects • Create a funding program • Affect the ability of a First Nation to participate in and benefit from any other federal government program
  • 6. Squamish Nation Condominium Towers Residential Towers Stanley Park
  • 7. Haisla Nation LNG Project
  • 8. What is First Nations Land Management •The First Nations Land Management regime is a First Nations-led initiative that represents a shift in land management responsibility and accountability from AANDC to participant First Nations. The regime provides signatory First Nations: •With the authority to establish their own land, resource and environment management regimes, and opt out of the 34 sections of the Indian Act that relate to land management. •To generate and manage revenues, royalties and fees from land transactions and operate at the speed of business.
  • 9. The Spectrum of Self-Reliance Increased Self Reliance Indian Act 100% S. 10 Membership S. 66, 69 Monies S. 81, 83 Bylaws RLEMP Funding for land management activities under the Indian Act FNLM Approximately 75% Indian Act Applies Self-Government on Reserve Lands - Sechelt - Westbank Modern Treaties 0% of the Indian Act applies - Tsawwassen - Nisga’a - Maa-nulth 36 Operational First Nations Nationally – 20 BC First Nations 58 Developmental First Nations Nationally – 28 BC First Nations 40 First Nations on waiting list Nationally – 13 BC First Nations
  • 10. FNLM Process - Overview There are two phases to the Regime: 1 Expression of Interest and Assessment 24 Month Development Process 2 Community Ratification Vote Operational Status • Developmental and Operational • Bisected by a Community Ratification Vote
  • 11. FNLM Process – Developmental 24 Month Community Approval Process Plan Time Line Development of Land Code Community Approval Process Plan Negotiation of Individual Agreement
  • 12. FNLM Process – Operational Tiered Operational Funding Signing of Individual Agreement by Minister / Chief and Council Effective date of First Nation Land Code 34 Sections of Indian Act no longer apply 24 months to develop MRP laws 2 Years Transitional & Environmental Funding
  • 13. Funding for FNLM There are two funding amounts which the Funding Agreement covers. • Developmental: Under the current funding agreement, each First Nation in the Regime receives developmental funding over the 24 month developmental phase, as a contribution to the costs of completing the Community Approval Process Plan. • Operational: After a successful community ratification vote and signing of the Individual Agreement, when a First Nation first becomes operational, the current funding formula provides for Operational funding.
  • 14. Land Use Planning Initiative • The Land Use Planning Initiative (LUP) supports First Nations in building a land management framework that will assist economic and community development • Why do Land Use Plans? • LUP is designed to provide support to First Nations to develop sound land and economic planning and decision making
  • 15. Questions • What are the typical components of a land use plan? • Objectives and funding provided under LUP • LUP is currently in a pilot phase with three participating First Nations in British Columbia – Okanagan Indian Band – Mount Currie – Penticton Indian Band
  • 16. Thank you Brian Kinzie Land Management and Leasing Officer 604-666-5132 Brian.kinzie@aandc.gc.ca