First Nations take first step toward self-management of lands

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Kinistin First Nation and Whitecap Dakota Sioux First Nation are among the latest group of 19 First Nations to get involved in the First Nations Land Management Initiative.

The initiative has been in place since 1996, when 14 First Nations and the federal government signed the Framework Agreement on First Nations Land Management. That agreement lets First Nations who have signed opt out of the sections of the Indian Act that deal with administration of land, allowing them to set up their own systems for management of their lands and resources.

Muskoday First Nation and Cowessess First Nation were among the original 14 First Nations to sign the Framework Agreement in 1996, and Muskoday is one of five First Nations among the 14 that has begun operating under its own land code.

Following the success many of these First Nations have had since signing the initiative in 1996, the framework agreement was opened up to additional signatories a year ago, and the new First Nations officially came onboard on March 31.

Whitecap Dakota Sioux First Nation Chief Darcy Bear said his First Nation signed on to the framework agreement because it sees the First Nations Land Management Initiative as a means to gain more control over management of First Nations lands. But he is quick to point out that by signing the framework agreement, the First Nation isn't committing itself to signing onto the First Nations Land Management Act itself, but is just committing itself to considering signing.

"I just want to make sure that it's clear that we haven't signed onto the actual agreement. We signed onto the framework, but we haven't implemented the agreement in our community. It still has to go through all the hurdles of the consultation, and at the end of the day, if it looks like it's something that doesn't work for us . . . I guess that's the nice thing about it, you've signed on, but you still have a chance to say you're opting out. If it doesn't work for us, then fine. But if it does work for us, then we'll move forward and sign it. But again, it has to be voted on by the membership, and it's their decision at the end of the day.

"If the vote goes through in our community, then it gives us the flexibility, I guess, to zone areas that would be for economic development, agriculture, residential, or education, recreation, that type of thing. It gives us that type of control," he said.

"Just to give you an example, if we did sign on to the First Nations Land Management Act, and we had the authority to zone certain lands for economic development, it would take less time. Because currently, the process, right now, we're building a golf course in our community. And part of that process, in order to build anything in our community that's economic development related, we had to designate lands, and that process took us about two years. Whereas once you're in this process, the council has the authority to go ahead and zone certain areas of the community for whatever uses that the community needs. So, yes, it does speed up that process. So if you had a big box store or something that wanted to set up in your community, well you'd have the ability to zone a certain area that you want to use for that purpose. It wouldn't take as long. So a lot of times, if there's only a certain window of opportunity to attract a certain business, and it's going to take you two years to get all the approvals in place for designating an area, by that time that business could have gone and went somewhere else. So those are some of the reasons why we're looking at it. It's all about economic development and job creation."

The main concern the membership has about going ahead with a commitment to the land management initiative, the chief explained, is that when Indian and Northern Affairs Canad hands over land management to the First Nations, it also vacates its fiduciary obligations regarding environmental protection of those lands.

"Before we can even have a voe, there has to be a whole environmental inspection or survey done of all the community lands, to make sure there is no outstanding environmental issues . . . because if fiduciary responsibility is vacated, then basically that means we're left on the hook if any environmental issues happen in the future. So does liability insurance actually cover all of that? That's one of the things we're just working our right now. And if that does apply, as far as liability insurance for your community for environmental issues, then who pays for that environmental premium? So those are some of the things we're working on right now. There's still a lot of questions that are still out there," he said.

"So we're not saying for sure, it's a done deal. But we're saying we're certainly willing to explore it. It kind of fits in with all our development right now when it comes to land. And I guess if you look at your options, all you have is the Indian Act or this. So you don't really have any options. This might be the better of the two, I don't know."

Dean Bear is land manager for Muskoday First Nation, which has been operating under its own land code since January 2000. One of the most noticeable differences between operating under the Indian Act and operating under the First Nations Land Management Act, he explained, is the speed at which things get done.

"Ever since the land code came into effect, a lot of stuff gets done a lot quicker when it comes to dealing with any sort of land issue. Because before everything had to have some sort of ministerial approval. And that sometimes could take up to six month," he said.

Another benefit operating under the First Nations Land Management Act has brought to the community is an increased accountability to the members regarding land management decisions.

"I do remember when this was first being bandied about, some people thought that it was going to give the chief and council kind of dictatorial power. Which in fact, it's the total oppsite. Because any major land issue has to go before the general public for a vote. So it's not like anything can be forced through by the chief and council. They are more accountable to the people now when it comes to any sort of major land issue." he said.