northwest in more ways than one. One section of its land claims agrecment in principle calls for the renaming of well known Jakes, rivers and other geographic landmarks in and around their lands. That means a farewell to Meziadin Lake and a hello to T’aain Mits iiaadin, The Portland Canal disappears in favour of K’alii Xk’alaar. The Tseax River becomes Ksi Sii Aks and the Cran- berry River becomes Ksa W iipdalks, Aiso going through a name change is the Nass River; il’l] soon be K’alii Aksim Lisims. Canyon City officially becomes Gifwinksihikw, Greenville becomes Lextgaits’ap, Kincolith becomes Gingole and New Aiyansh becomes Wit Lax Kap. If you’re having wouble with the pronunciations, you're not alone. Nisga'a officials say they’il be working ou a pronun- ciation guide in the months ahead. Also on its way is protected status for sites important to Nisga’a history. One of the sites is the Bear Glacier, visible to travelers taking Hwy37 into Stewart from Meziadin Junction, It's the location of a battle between the Nisga’a and their northern neighbours, the Tabltan, in the last century. Combined Nisga’a forces from throughout the Nass Valley defeated a Tabllan invasion attempt That Nisga’a victory solidified the northeru borders of their territory, a fact made formal later on in a ceremony with the Tabltan at a place called Treaty Creck. Money @ Big bucks: $190 million is to be transferred in phases over a number of years lo the Nisga’a Central Govern- ment, This money doesn’t go to individ- ual people, but will be used by the cen- tral government mainly for economic de- velopment and job creation. Mi More bucks: Every five years the parties negotiate a financing agreement that sets out how much moncy will be wansferred to Nisga’a Central Govern- ment to provide agreed services: like™ health, education and social scrvices, and run employment offices and such like. @ Fish bucks: $11.5 million to buy boats and licences; $10 million seed moucy for the Lisims Fisheries Conser- vation Trust. M@ Missing bucks: Gone from provin- cial coffers will be stumpage, resource royalties, and over lime, taxes and fees for various services. But these will be deducted from the amount the federal and provincial governments provide to Nisga’a Governments, w@ Bottom line: How much does all this add up to? Nobody knows yet, but a_ lot more than $190 million. Land Mi Nisga’a Lands: 1,930 square kilo- metres of the lower Nass River area will be designated Nisga’a Lands. The area will be akin to Crown land but governed by a Nisga’a Central Government. It ex- tends from Kincolith at saltwater up the Nass beyond Aiyansh almost to where the Kinskuch River enters the Nass. It in- cludes 56 Indian Reserves — totalling 60 square kilometres --- that cease to be reserves. The Nisga‘a will own all tim- ber, minerals and other resources on Nisga’a Lands (alter a phase in period). lf Private property: Nisga’a Lands won't include any existing private prop- erty, or land tied up in agricultural leases or wood lol licences. A Tsimshian Indian Reserve at the mouth of the Nass is also exempt from Nisga’a Lands, @ Beyond the boundary: 18 Indian Reserves the Nisga’a presently hold out- side the Nisga’a Lands boundary will be doubled in size and converted into pri- vate land owned by the Nisga’a Central Government and taxable by the province. Thal will add an extra 12.5 kilometres of land. Nisga’a Central Government would have no authority on these outside lands. Some of these sites are further up river in the areca claimed by neighbouring Gilanyow natives. © The Nisga’a Central Government will also get another 15 parcels of private land totalling 2.5 square kilometres for economic development. They’re de- scribed as sites that could be good sites for developments like lodges and gas sta- tions. Again, the Nisga’a Government would not have jurisdiction over these lands, @ Other interests: Existing legal in- teresis —~ rights of way, angling and guide outfilter licences, traplines etc. — continue on their present terms and can be renewed inthe future, with the pro- vince's approval after consulting the Nisga’a. The Nisga’a Central Govem- ment has authority to accept, reject and set lerms on any new inlercsts they grant in the fulure. But they have no veto on renewals, @ Public and Private: Nisga’a Lands New names to grace maps THE NISGA’A ARE mapping out a new course for the ord came early one morning Rod Robinson “WE'VE GOT a Council president all these years, it’s Nisga’a negoliatin Tribal Council in came its executive In those carly the famous Calder spent pursuing the Calder case which in principle signed last week, ‘‘We had to con- vince the government. What we were looking The phone message came fram Nisga’a Tribal director carly in the morning of Feb, 10. On sick leave, Rod Robinson was at his home in New Aiyansh, unable to be at the last round of wearying and tense negotiations between the Nisga‘a, provincial and federal governments, Robinson’s reaction to the news was: ‘‘After Perhaps more than anybody clse on the the continuity of Nisga’a attempls to settle what they've always termed as ‘‘the land question.’’ He was a founding member of the Nisga’a James Gosnell, now deceased, Bill MacKay; also deceased, and Frank Calder, after whom Robinson will be 65 ‘next month and that means the majority of his working life has been “We went to court,’? said Robinson of the deal.” for was Brilish justice.’’ The breakthrough came during the years Socred Bill Vander Zalm was premier when he agreed to join with the Nisga’a and the federal government in negotiating an answer lo the land question. ‘‘We worked hard lo convince him negalia- tions were better than having ta face us in court,"’ said Robinson. A skilled dancer, Robinson participated in the welcoming ceremony given Vander Zalm at New Aiyansh where he signed the deal for B.C. tojoin the talks. Ironically, one of Robinson’s allies then is one of the Nisga’a deal’s most vocal opponents now — provincial Reform party leader Jack Weis- gerber. “He and I got to know each other very well, We spent a lot of time together,’’ said Robinson of Weisgerber who served as Vander Zalm’s native affairs minister. That’s why Weisgerber’s opposition to the agrecment in principle has Robinson surprised. Robinson’s now getting ready for this weck’s Nisga’a assembly where the negotiators will ask the membership to approve the deal. Joc Gosnell: to its executive about time.’’ g@ team, Robinson represents 1957 and subsequently be- director. days’ leadership came from decision is named. - Jand question. sect in motion the agreement 5 “T can’t say what's going to happen. It’s up to the people,” he said. Proposed Nisga’a. ' February 1996 | Nisga'a Lands Communities ; @ Roods, , Loose surface -+ -- --- Pawer Lines Prov Park - &® EcolRes. wey Private Land f } t Indian Reserves (Gh, i, } : -_ ‘fhe th P \ a < , oe : fe os ee i of: bere pet EES = . KINCOLIGH, Scole 1:500 000% oy ; a“ a4 ms ; 4 af - fay i r Cie = / , : , = ff o ‘ ee ay oF : fee? PEARSE vet ee a i “ ISLAND) ad 1 - a ” ~ bagnpgioen ea ~ wh Gait my fitted ya ‘4 , S KANSH Meme el oa ectention dren Agee Mere igt eva Bed Pot will consis! mainly of ‘‘Nisga’a Public Lands’’. But there will also be ‘‘Village Lands’’ designated around the Nass vil- lages of Kincolith, Greenville, Gitwinksihlkw and Aiyansh. And there will be some '‘Private Lands’’ in which Nisga’a Government creates an exclu- sive interest for uses that are ‘incampatible with public access, in- cluding commercial, cultural or resource development uses.”” M@ Water still flows: Existing water licences remain in place. The Nisga’a are guaranteed cnough water ta meet domestic, industrial, and agricultural necds, subject to habilat conservation, Hf Escape hatch: Federal and provin- cial governments can expropriate Nisga’a Lands for public purposes, sub- ject to fair compensation. Access to land Mi Hunt, fish and play: Everyone will have “‘seasonable’’ public access to Nisga'a Public Lands for hunting, fish- ing and recreation. wg Under controt: The Nisga’a Central Government will be able to regulate that access for public safety and protection of environmental, cultural or historic fea- tures, and protection of habilat. People entering Nisga’a Public Lands can’t take anything without approval of the Nisga’a Central Government. And they can’t cause damage to Nisga'a lands, or other- wise cause mischief, nuisance, or inter- ference with other authorized uses. Laws can be passed regulaling access to: pra- tect the public, prevent nuisance or damage, protect sensitive habitat, cultur- al or historic sites, and prevent the har- vesting or -extracling . of Nisga’a resources, Hi Mushrooms: Since the Nisga’a Central Government owns everything that grows on Nisga’a Lands, that in- cludes the area’s lucralive pine mushrooms, In practice, however, it’s possible the Nisga’a government will al- low and even encourage cuvironmentally sensitive pickers lo harvest mushrooms. Nisga’a leaders have always tried to sound reasonable on this issue, The Nisga’a Government will be the authority that manages the mushrooms. WM No blockades: Non-Nisga’a_resi- dents will have unimpeded access to land they own in the Nass. If the boundaries of Nisga'a Village or Private Lands change to effectively cut olf access to a public area, the Nisga’a Central Govera- ment will provide reasonable alternative access to that area. Trees MA decade away: All timber within the Nisga’a Lands toundary — 200,000 cubic metres right now — will be owned by the Nisga’a Central Government eight years after the final treaty is signed. Since it'll probably be a year or more to negotiate a final Wealy, that means log- ging in the Nass — either for the big companies or local loggers — shouldn’t change much for nearly a decade. M@ Ultimately: The Nisga’a will determine the annual allowable cut (AAC) in the Nass that takes effect alter eight years — when they gain owner- ship. @ Right now: The Nisga’a and the province will determine a new cut rate to start when the treaty takes effect. If they can’t do a deal, the cut rate will have to remain within 15 per cent of what the forests minister recommends. That rate will last until three years after the trealy. Mf In between: At the three-year mark, a transitional five-year AAC — to be ne- gotiated by the province and the Nisga’a — begins that will gradually change the culling rate to what the Nispa'a have de- cided they want afler the eight-year mark, MW Pressure to cut: The system af transfer payments to provide government services will discourage any dramatic drop in logging, because Ottawa and Victoria will be deducting from those payments what the Nisga’a should have been able to collect in stumpage — not what they did collect if they dida’tlog as much. @ Three firms affected: The com- panics that will lose their timber in that area are Skeena Cellulose, West Frascr, and Simgan Forest Products, Skeena Cellulose loses the most — 140,000 cubic metres or three-quarters of the total timber involved. Much of the area has been heavily cut already, but is recog- uized as one of the best growing sites in the region. WM Want more, buy it: The Nisga‘a can iry ta buy up to 150,000 cubic metres of wand outside the Nisga’a Lands boundary from exisling licensees. The province will support in principle such a purchase, but whoever owns the wood would. have to agree to sell it. Any transfer has to meet the regular rules of the Forest Act and get approval of the forests minister, @ Transition; The Nisga’a and the province are to prepare a plan to address job losses, fibre tlow concems and other transitional measures, We Reforestation: Existing licensees have to meet their obligations to replant the areas that they will lose coutrol over. Mi Stumpage: The Nisga’a Central Government will collect stumpage on wood cut in Nisga’a Lands after a transi- tional period. Hi Standards: The Nisga’a goven- ment will be able to set its own forcsl Management standards, bul they have to meet or exceed the provincial standards, such as the Forest Practices Code. M Nass sawmill waits: The Nisga’a agice not to establish a sawmill in the Nass for at least 10 years. Mi Compensation: The deal says noth- ing about compensation either for big licence holders or smaller sub- contractors. @ Working together; The Nisga’a will likely work out arrangements with the province ta provide services like forest fire suppression, insect and disease control, and possibly items like timber harvesting planning, road building, ad- ministration and whatever else makes sense, Fish lf Two deals: The Nisga’a commercial fishery gets a share of the Nass salmon fishery within the treaty, and another IT WAS A double 'V' far victory sign time for Nisga’a Tribal Council president Joe Gosnell as he and other ceremony upen returning to the northwest last week, FEDERAL INDIANS Affairs minister Ron _ twin admits a Nisga’a land claims treaty will cost more than the amounts already disted. new bureaucracies for various levels of government administration and programs will be well worth it “IVs a trade off,’ said Irwin in an inter- view last week. ‘Suppose you do spend mare on justice. But consider that it costs $100,000'a year to keep a person in jail. If you can prevent that, you’ve saved that $100,000,"' Provisions to pive the Nisga’a taxation powers will result in a reduction of federal transfer payments as those revenues start lo come in, Invin added. “What we're looking for here is an end lo the lille reserve in the middle of nowhere where we send moncy that’s mostly for welfare,” he said, ‘'The goal here is eco- nomic development to end that welfare. re- lationship.” That’s why Irwin points to the creation of Nisga’a Lands and {ce simple tile to land. With that in place, the Nisga’a can apply for conventional bank financing, something that doesn’t exist now because reserve Treaty to cost money but it'll be well spent ' But he says the dollars spent in financing lands don’t qualify for collateral at the baiks. _ - Irwin was almost casual in oullining the agrecment in principle, saying he’s signed many agreements like this since he became Indian affairs minister. “People said they wouldn’t be subject to the criminal code and they are. They sald they won't pay taxes and they will.’’ But Irwin did concede that this deal was perhaps casier to reach than will future ones in B.C, because of the remoteness of the Nass Valley. For example, the land in question hasn't been taken up by settlements or for other purposes and there aren't a Jol of other people living in the Nass that might compli- cate matters of native and non-nalive juris- diction, Irvin also acknowledged that the agree- ment in principle leaves the fine details to be worked out later. ‘That's just the way governments work. It can take months or sometimes years to work something oul.”’ Irwin also believes the Nisga’a agreement in principle won't be a major issue in the upcoming provincial election. “In politics there are those who want to They appeared at the Kitselas community hall which negotiators were greeted by cheers, speeches and was packed to the rafters for the occasion. side deal outside the treaty giving them some extra sockeye and pink salmon. The treaty portion becomes guaranteed for all time with the force of the Con- stitulion, while the 25-year side deal could be changed by future governments. The Nisga’a could extend the side deal for another 25 years. Wf No priority: The Nisga’a commer- cial catch will adjust on a sliding scale depending on the return that year, In an average year that means 18 per cent of .the tolal Canadian Nass catch for the Nisga’a within the treaty. With the sidé deal included, it brings the total Nisga’a — Share up to about 26 per cent of the Ca- nadian Nass sockeye catch, “BE Fish first: Conservation of stocks comes first, and nobody can fish if the number of salaion returning doesn't war- rant a fishery. When the numbers war- rant a Nisga’a commercial fishery, the regular commercial fleet will also be al- lowed to fish. Government officials hope that will reduce some of the animosity that happens when one group has to sit back and watch while a different group is allowed 1o fish. WB Sell, sells The Nisga’a can sell their salmon, subject to monitoring enforce- ment and normal B.C. laws. Mf Other species: The Nisga’a will get to ‘catch halibat, oolichan and shellfish - for domestic use, but can’t scll them. Same goes for steelhead, but such a fishery will only be allowed if stocks can support the catch. They’ll negotiate for a Dasic domestic catch of crab, prawns and shrimp, herring and marine plants. ‘BE Buy boats: $11.5 million goes to the Nisga’a’ Central Government to buy boats- and licences to participate in the coast-wide commercial fishery. E Feds in charge: The Department of Fisheries and Oceans retains overall re- sponsibility for conservation, and man- agement of the fisheries and fish habitat. The Nisga’a will manage their harvest. A joint management committee will make recommendations to the feds and pro- vince on Nisga’a fisheries and enhance- ment, ‘gi Trust fund created: The Lisims Fisherics Conservation Trust will be es- tablished with $10 million from Canada and $3 million from the Nisga’a Central Government. Jointly administered by federal and Nisga'a appointecs, the trust will .. promote conservation and sustainable management of Nass River fish. Programs and projects would be financed by interest from the trust fund. mM Cannery waits: The Nisga’a won't start up a large-scale cannery for at Icast 12 years. Wildlife BE. The hunt: The Nisga’a get a guar- anteed share of a Nass bunt for moose, grizzly bear and mountain goat, mi Get yer moose: The Nisga’a get 80 per cent of the first 50 moose in the al- lowed hunt, 32 per cent of the next 50 moose, and 56 per cent of all remaining moose allowed taken in the hunt For- mulas forthe other species are yet to be worked out. Everyone else will have a chance (o bunt animals outside the Nisga’a share. “White guys: ‘'Nisga’a Central Government will provide non-Nisga’a hunters reasonable opportunities to har- vest wildlife on Nisga'a Public Lands,” the agreement says. The Nisga’a govern- meul may require hunters and fishermen to get a licence or permit for the purpose of monitoring and regulating access, pro- vided such pennits or licences are made available ‘‘at a reasonable fee’’, mf Concession: Key to the wildlife deal is not what the Nisga’a get but what they give up. Natives everywhere are entitled to hunt and fish ahead of other users for food, social and ceremonial purposes. Under the deal, the Nisga’a give up their priority to hunt ahead of others for a guaranteed proportion of the total hunt. It fits the same principle as agreed to on the commercial fishery, where when na- tives are fishing, the commercial Qeet gets to fish as well. Negotiators hope that it will be acceptable to people if every- one gels to hunt at the same time as everyone else. @ Hunting grounds: A management arca will be crealed that goes far up to the northeasl, encompassing three- quarters of the Nass watershed. Outside that area, Nisga’a citizens who hunt wildlife will be subject to provincial laws. @ Monitoring: Agreements to record native animal kills are expected to lead to better moniloring and improved knowledge of how many animals are out there. A wildlife commiltce, with equal representation from the Nisga’a and the province, will make recommendations to the province on how to manage the hunt. HB Conservation: The hunt level for both Nisga’a and non-Nisga’a hunters will adjust to reflect what’s needed for conservalion. If there aren’t enough animals to sustain stocks, nobody hunts. BW No sale: The Nisga’a will not be abie to sell wildlife but may trade or barter among themselves or with other aboriginal people. Mf Licences restricted: No new guid- ing licences will be issued without the consent of the Nisga’a. Environment @ Setting rules; The Nisga’a get juris- diction over environmental standards and environmental protection. They can creale their own environmental stan- dards, but they have lo be at least as stringent as the rules that apply in the rest of B.C. W@ Tell us: The Nisga’a government will notify Canada and B.C. of any pro- ject proposed in Nisga’a Lands that could hurt the environment, Government Mi In charge: Nisga’a Central Govern- ment will be like a souped-up regional district, made up of members from four Nisga’a Village Governments, which are like town councils. @ Democracy: Nisga’a government inslitulions are to be ‘‘democratically ac- countable’? to Nisga'a citizens, WM Elections: Each village government consisis of clected councillors and a chief councillor, Nisga’a Central Government consists of all councillors and chief councillors from the villages, three officers elected at large by Nisga’a citizens, and one representative from each Nisga’a urban local (Vancouver, Terrace, Prince Rupert). @ Accountabillty: Nisga’a govern- ments and thelr Institutions are to be financially accountable to cilizens, meet- ing the same geneeral standards accepted for governments in Canada, Contlict-of- inlerest standards will be comparable to those pencrally accepted in the country. g A Senate; Nisga’a elders will have a role in providing guidance to Nisga'a poveniument, Powers Hi Taxation: Nisga’a government will have the power to tax Nisga’a citizens on Nisga’a land. B.C. and the Nisga’a will negotiate an agreement by which a Nisga’a government can levy property taxes on nou-Nisga’a land owners. B Lingo: The government can make laws to preserve, promote and develop the Nisga’a language and culture. @ Land: Laws can be made governing zoning, development and land use plan- ning — like a town council. W Business: Regulation of business, trades and profession in Nisga’a Lands — like a town council. B Adoption: Laws can be made gov- eming adoption of children, Such laws will make the best interests of the child the paramount consideration in determin- ing adoptions. @ Child and Family Services: Any laws or standards set in this area must be comparable to provincial standards. The province can act to protect a child if il’s believed to be at risk. Education: Laws governing educa- lion can be made, most likely regarding the teaching of Nisga’a language and culture. Any education laws must ensure YOUNG BOY takes in the emotion of tha return of the Nisga’a negotiators to the northwest last week. use an issue so they don’t want it solved. That’s the way they want it,” he said. coordination wilh provincial universilics, and certification of teachers (other than Nisga’a language teachers) to a provin- cial standard. The government will also have power over post-secondary educa- tion, provided. M Booze: Nisga’a Government can lighten or prohibit sale, exchange and possession of liquor, but regutar provin- cial or federal laws apply if there is a conflict between the laws. Nisga’a Government gels exclusive rights to sell liquor on Nisga’a Lands. No dice: No special gambling provi- sions other than what can normally be done elsewhere in B.C. are included in the deal. @ Other powers: The Nisga’a Central Government wili also have limited powers in arcas of marriage solemniza- tion, traffic and transportation, and wills and estates. Services Bf Job-training: The parties will nego- tiate a deal to provide federal and provincial human resources development services ‘on Nisga'a Lands. Federal and provincial standards remain in place regarding industrial relations, employ- ment Standards, and occupational health and safety. Wi Social Services: An arrangement will be made to allow the Nisga’a Government to provide federal and provincial social services and programs in Nisga’a Lands. Nisga’a citizens and non-Nisga’a residents in the area are to be treated equally. @ Health: The Nisga’a will be able to administer federal and provincial health services in the area. Details to be negoti- ated. @ Corrections: Correctional services can be administered by the Nisga’a once an ariangement is negotiated. Justice @ Court: A Nisga’a Court can be cre- ated to hear Nisga’a Law, It will basical- ly act like an arm of the provincial court system. WM Penalties: Fines, restitution, and im- prisonment can be imposed by Nisga’a Courts for violations of Nisga’a laws. Penalties have to be in line with those elsewhere in the country, and both sentences and decisions can be appealed to the B.C. Supreme Court, @ Meanwhile: Until a Nisga’a Court is established, Nisga’a law cases will be heard in B,C. provincial court, @ Powers: The Nisga’a Court would review administrative decisions of all arms of Nisga’a Governments, deal with violations of Nisga'a law, and adjudicate disputes between citizens on Nisga’a Lands, @ Non-uatlves: The Nisga’a Court could not impose a sentence on a non Nisga’a citizen that wouldn’t be in line with other Canadian courts without that person’s consent. M@ Prosecution: Nisga’a Central Government would prosecute all cases involving Nisga’a laws. Police i In uniform: A Nisga'a Police Ser- vice may be created. @ Powers: Nisga’a Police would have full policing responsibility, just as a municipal pollce farce would — enfore- ing Nisga'a law, B.C. law, criminal law, and other federal laws. @ Overseers: If a Nisga’a Police Scr- vice is created, a Nisga’a Police Board will employ, direct and train it, and determine the service’s priorities and goals. M Escape hatch: If the province doesn’t think Nisga’a policing meets the Standard prevailing elsewhere in B.C., it can reorganize the service, put in place itew police services, or do anything else required. The province can’t dis- criminate, against. the Nisga’a alone,” however, in using that power, | People @ Like us: The Nisga’a remain Cana- dian citizens, subject to all the normal laws of B.C. and Canada. They and all residents of the Nass are also protected by the Constitution and the Charter of Rights and Freedoms, Mm They'll pay taxes: After eight years, Nisga’a citizens will begin paying provincial sales tax and the GST. After 12 years they'll pay income tax, Parks Mm Parks protected: The Nisga’a Memorial Lava Bed Park and Gingietl Creck Ecological Reserve will continue to be protected by provincial law. Wi New parks: Bear Glacier, on the way to Slewart and well outside the Nisga’a Lands boundary, will become a new park under the treaty. The three governments will also negotiate 10 estab- lish a marine park in the Nass area. @ Ticket to the backcountry: The Nisga’a will get a backcountry recreation licence to conduct commercial tourism in the backcouatry area near Observalory Intet/Hastings Arm/Alice Arm/Kinskuch Lake. Final agreement to specify more precisely, M@ Culture protected: Key cultural sites will be protected by designation as herilage sites. mM Name game: Key geographic {ea- tures will be renamed wilh Nispa’a names. The change will appear on all fu- ture gazetted maps, Overlaps @ Tsimshian: The Nisga’a Lands to be created by the treaty overlap sonie- what at the mouth of the Nass and in the Ishkheenickh River watershed with the claim of Tsimshian natives based around Prince Rupert and Terrace. A clause of the agreement calls for Nisga’a and Tsimshian tribal councils to work out the boundary issue before the final agree- ment and before the Nisga’a Lands boundary is finalized. @ Gitanyow: It appears there is no major overlap belween the Nisga’a and their Gitanyow neighbours to the east. Although their traditional territories overlap to a huge extent, the Nisga'a have relinquished their claim to 92 per cent of their traditional territory, includ- ing all of the disputed area. Miscellaneous Wi Artifacts returned: Most of the artifacts held in Canadian museum col- lections are to be returned. @ Roads: The province will maintain the main road through Nisga’a Lands as well as other provinclal roads.