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News

Gitxsan and BC Agree To Incremental Approach: Forestry Interim Agreement
02 June 2003

Kispiox, BC

KISPIOX - The Hereditary Chiefs of the Gitxsan and the Province of British Columbia have agreed to an interim agreement that emphasizes the incremental approach to further relationship building between the Gitxsan and the Crown at a signing ceremony and feast held at Kispiox, BC. Gordon Sebastian, Gitxsan Legal Counsel, in his remarks to the assembled Hereditary Chiefs, Minister Micheal de Jong, and Minister Geoff Plant emphasized the importance of anticipated subsequent negotiations and agreements, “The Short Term and Long Term Agreements will implement the direction set out by the Supreme Court of Canada in Delgamuukw, (paragraphs 160 to 169): i.e., the Gitxsan have a lawful right to ‘determine to what uses their lands can be put’, and our rights to our lands have ‘an inescapable economic component’ that attracts compensation. We have work to do.”

Simogyat Delgamuukxw (aka Earl Muldon) and Simogyat Tenimgyet (aka Art Matthews) signed on behalf of the Gitxsan. Honourable Minister Michael de Jong and Honourable Minister Geof Plant signed on behalf of the Province of British Columbia.

The Province recognizes that the historic and contemporary use and stewardship of land and resources by the wilphl Gitxsan, the most fundament entity in Gitxsan Society, are integral to its maintenance, governance and economy within the Gitxsan traditional territory. The Province also make explicit acknowledgement that the Gitxsan Simgigyet represent the Huwilp, the aggregate of Gitxsan extended families.

The purpose of the agreement:
· is to implement the orders of British Columbia Supreme Court, as set out in the Judgement of Tysoe, J. in YAL et al v. Minister of Forests, Skeena Cellulose Inc. and NWBC Timber & Pulp Litd. 2002 BCSC 1701
· set out the measures to be immediately implemented to address Gitxsan interests regarding administrative decisions made on forest and range tenures
· assists in the revitalization of the forest economy in northwest British Columbia by provinding stability to forest and range resource development and operations within the Gitxsan traditional territory over the term of of this Interim Agreement.

The Interim Agreement:
· initiates a pilot planning process in the Kitsegukla watershed of which, will define, in a Long Term Forestry Agreement, the processes and principles that will guide furture strategic planning initiatives with the Gitxsan traditional territory.
· ensure that $100,000 in reforestation contracts are directed to Gitxsan reforestation contractors in 2003-04, and subject to available funding, provide further opportunities for Gitxsan employment in ongoing forest restoration activities in the Kispiox Timbre Supply Area in future years.
· will immediately initiate discussions toward the Short Term Forestry Agreement, which will include implementation of provincial forestry revenue sharing which will address ongoing accommodation of Gitxsan economic interests related to forestry decisions to be made over the term of the Short Term Forestry Agreement and provide funding that may be rquired by the Gitxsan to support its economic and social initiatives including the implementation of this, and the Short Term Forestry Agreement.
a. The Province expects the revenue sharing arrangement to provide a maximum $2.6 million annually during the term of the Short Term Foresty Agreement.
· the Province will provide the Gitxsan with $50,000 under the Economic Measure Fund for tenure feasibility study and business plan.
· In the Short Term Agreement, the parties will define the terms under which British Columbia will offer a forest tenure opportunity, up to 1.2 million/m3 over a 7-year term from undercut on New Skeena Forest Products’ licenses within the Kispiox Timbre Supply Area, under the Forest Act to the Gitxsan.
· the parties will immediately initiate discussions toward a protocol that sets out basic responsibilities and timeframes for an efficient and effective processs for consultation and workable accommodation of Gitxsan interests on future forestry operational plans and administrative decisions
· the Gitxsan agree that the British Columbia has fulfilled its duties to consult and seek workabable accommodation with the Gitxsan with a listing of certain transfer of shares, cut control penalties, disposition of undercut volumes, consent to tranfer, transfer of woodlot, replacement of TFL 1, Forest Licence Replacements.

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For more information, contact:
Elmer Derrick, Chief Negotiator, Gitxsan Treaty Office, (250) 635.5532 or (250) 842.6780 Local 319
Bev Clifton-Percival, Negotiator, Gitxsan Treaty Society, (250) 842.6780 local 370
Gordon Sebastian, Legal Counsel for the Gitxsan, (250) 842.0078


More information:
Bev Clifton-Percival, Negotiator
Gitxsan Treaty Office
gwaans@gitxsan.com
1.250.842.6780 Local 370