Nisga'a, Ottawa to re-start talks

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Ottawa has agreed to meet with the Nisga'a Tribal Council on Sept. 12 to restart historic land-claim talks that broke down in July.

The Nisga'a in June were close to becoming the first B.C. First Nation in more that a century to settle a treaty, which would have set a precedent for dozens of other outstanding claims.

But the July deadline came and went and negotiations between the province and the federal government that had reached agreement on most elements of a final offer broke down July 15 over cost-sharing arrangements.

The Nisga'a are becoming increasingly frustrated over another stall in the 19-year claim.

"Both levels of government are holding us hostage in a fashion," said Nisga'a leader Joseph Gosnell.

Earlier this month, the tribal council took out newspaper advertisements warning the credibility of B.C.'s treaty commission, set up to sign claims with about 40 Aboriginal groups, is threatened by the Nisga'a failure.

"Negotiations in B.C. are in a state of crisis," said Gosnell. "Whatever happens to us will no doubt happen to the rest of the tribes that have agreed to come to the negotiating table."

The cost-sharing dispute rests upon the value of stumpage rates B.C. charges for felled trees.

Ottawa and Victoria had agreed to a 50-50 split to settle the claim, but differences exist on how to calculate the amount each part owes. The deal for the 5,400-member council included $175 million in cash, 1,900 square kilometres of land, valued at $100 million and $30 million in third-part compensation. But the two sides couldn't agree on what it would cost the province in lost revenues, such as timber-cutting fees, called stumpage rates, because of the transfer of Crown land to the tribal council.

Sine the original tentative deal was agreed to in 1993, stumpage rates have risen. Ottawa says lost money is worth $15 million, as it was in 1993, and the province claims it's closer to $70 million, under higher stumpage introduced in 1994.

Ottawa argues B.C.'s figure is inflated by $40 million because the province tossed in its estimate for lost stumpage rates charges for the growing of trees, which should no longer apply because B.C. would no longer have to reforest the Nisga'a land.

By Ottawa's calculations, the package includes $175 million in cash, $100 million in land, $30 million in third-party compensation and $15 million in lost revenues, or $320 million.

But the province's higher estimate of lost stumpage rate cash of $70 million would make the total $375 million. Therefore, Ottawa would owe $188 million and B.C. would pay its share in $100 million in land, $70 million in foregone income and $18 million in cash. The province figured the extra $30 million would have to come from Ottawa.

The two levels of government have also been unable to agree on whether the cost-sharing arrangement will apply to future treaty settlements in the province. Before talks broke off, B.C. wanted the issue to go to binding arbitration, but the federal government refused.