in?l?kcvi llmmil-co? chef Kilici Okinmw [?311th- Kc Elm AlanikpunpAfisidni L?fodc H5rz?n?bC K?cndhu ngdh?- ugli?lacnrluK??h 5.1.15 Nd?ts?oli'nowo Nakwcc \kilictln chllitl'cko Nan ijk'nn lisnts'?t tiwiciutliwilr'it NiTs?cn K?uldhi?r Ull?hd? t5, THE PREMIER or THE NORTHWEST TERRITORIES Grand Chief Herb Norwegian i 8 2315 Dehcho First Nations PO Box as 5 trio FORT SIMPSON NT XOE ONO Dear Grand Chief Norwegian: Dehcho Process - Negotiations Thank you for our two recent meetings, November 6, 2014 in Yellowknife and December 9, 2014 in Fort Simpson. In both meetings the main topic was around the issue of how to move forward to conclusion of a Dehcho Agreement in Principle which is fair and reasonable for all parties. The Government of the Northwest Territories understands the importance of clarifying all outstanding claims to Aboriginal rights and title in our territory. The GNWT has a strong interest to have the certainty that a settled Aboriginal rights agreement brings to the Northwest Territories (NWT), Dehcho First Nations and Canada. Concluding a ?nal agreement that clari?es the Dehcho First Nations? rights, interests and title to lands, resources and self-government will give us new tools to preserve and promote the culture and traditions of Dehcho First Nations and improve the economy and quality of lives of our residents. However, an agreement cannot come at any cost. it must be fair, reasonable and comparable. Two years ago we agreed to establish a bi-lateral process to explore new and innovative solutions to break the log-jams at the main table negotiations. We both agreed movement forward was essential, progress vital. and concluding a ?nal agreement in a timer manner a necessary goal. You have mentioned repeatedly how much the communities like the draft bilateral agreement. Recently we have received requests from First Nations in the Dehcho for information on the draft bilateral agreement. and there appears to be strong interest and sopport for many of its features. In my view, the path forward in the Dehcho Process lies in the work our officials developed in the draft bilateral agreement. .J2 LEGISLATIVE ASSEMBLY YELLO?w'azriFt. NT KIA 2L9 Telephone (845?; adv-231 Focslmiie ENS-0385 55113151) Ulla Nun Njik'nn (in-iclnr tmur'it Ni'ts??n K?nldhi-r Uluiiadu jqxuqb?igg array} duty-.119. tor ?miner -2- You also wrote me in the fall of 2014 expressing concern over the future of Edehzhie. The draft bilateral agreement our senior of?cials concluded speaks to how the GNWT and the Dehcho First Nations (DFN) will work together, not only in concluding a Dehcho Agreement in Principle, but also in completing a Dehcho Land Use Plan, identifying Dehcho Ndehe and identifying and setting aside protected areas, including Edehzhie. As we have previously discussed. I asked of?cials to consider ways to help close the gap between our positions. While, for the reasons explained, increasing the amount of land on offer is very challenging, the GNWT is prepared to increase the 2007 offer (adjusted for the departure of the Acho Dene Koe First Nation and Fort Liard M?tis. and the Katl?odeeche First Nation) of 33,488 km2 to 37,500 kmz. This is an increase of4,012 kmz. . in order to rationalize this increase, the offer is conditional upon: a the DFN accepting a generalized interest in the subsurface equivalent to the percentage of 37,500 km2 of the whole Dehcho Settlement Area instead of having subsurface title to settlement lands; and the generalized interest being realized in conformity with the draft senior of?cials bilateral agreement. This would provide a DFN generalized interest of approximately 17.78% of the Dehcho Settlement Area. Attached to this letter is the version of the senior of?cials bilateral agreement as drafted by our senior of?cials in May 2014. This version of the bilateral agreement does not incorporate a number of proposals from the Dehcho main table in late May and early June that would signi?cantly alter the balance found by our senior of?cials. I note that the draft senior of?cials bilateral agreement also provides guidance for. land selection criteria, the completion of a Dehcho Land Use Plan. and the structure and responsibilities of a Dehcho Resource Management Authority. Incorporating the generalized interest to this increase in quantum maintains comparability with other agreements in the Mackenzie Valley. . . . -3- I hope that you will consider this offer carefully and appreciate that this represents the full extent of the ?exibility. With this proposal, the GNWT is offering the best land and resources settlement terms in the history of the NWT, if not Canada. If the DFN accept the terms of this offer, I believe that we can close the remaining and comparatively less dif?cult matters soon, and be in a position to conclude an Agreement in Principle this spring. If this offer is unacceptable to the DFN, then I suggest that we acknowledge that negotiations have failed to resolve our differences. I hope that you can formally reply to this offer by February 20, 2015. Sincerely. Robert R. McLeod Attachment c. The Honourable Bernard Valcourt. P.C., MP. Minister of Aboriginal Affairs and Northern Development Canada Mr. Gary Bohnet. Principal Secretary Mr. Martin Goldney. Deputy Minister Aboriginal Affairs and Intergovernmental Relations DEHCHO FIRST NATIONS GOVERNMENT OE THE NORTHWEST TERRITORIES BILATERAL AGREEMENT REGARDING LANDS AND RESOURCES (HEREINAETER REFERRED TO AS THE MADE THIS DAY OF 201 . BETWEEN: DEHCHO FIRST NATIONS AS REPRESENTED BY THE GRAND CHIEF REFERRED To As THE GOVERNMENT OF THE NORTHWEST TERRITORIES AS REPRESENTED BY THE PREMIER (HEREINAFTER TO As PREAMBLE WHEREAS the DFN and the Government of the Northwest Territories (hereinafter referred to as the "Parties") aspire to a new government-to-government relationship; AND WHEREAS this new government-to-government relationship is intended to be based on mutual respect, responsibilities and recognition; AND WHEREAS Canada and the GNWT have agreed to devolve the administration and control of public lands, resources, and rights in respect of waters in the Northwest Territories to the Commissioner of the Northwest Territories; AND WHEREAS the DFN and the GNWT both seek as a priority the conclusion of a Dehcho AIP and the Dehcho Land Use Plan; THEREFORE the DFN and the GNWT intend that this Bilateral Agreement sets out their common intentions for concluding the Dehcho Process negotiations and the Dehcho Land Use Plan. DEFINITIONS In this Bilateral Agreement: Candidate Protected Area means, one or more of the following candidate protected areas as the context requires, Ed?hzhie, Sambaa K?e, K?a?gee Tu, Eji? Ddahe, and Lue Sql?i. This excludes Pehdzeh Ki need to check PKFN re intentions and resolution under DCRMA means the Dehcho Resource Management Authority; Dehcho AIP means the Agreement-in-Principle that will form the basis for concluding a Dehcho Agreement; Dehcho Government means the Dehcho Regional Government or, as the context requires, a Dehcho Community Government; Dehcho Regional Government means the regional government, pursuant to a Dehcho Agreement. It is presently contemplated that the Dehcho Regional Government will have a Dehcho Dene ?house' for matters internal to the DFN, and an inclusive ?house? that represents all residents of the Dehcho Region; Dehcho Community Government means a local government for a Dehcho community as described in the Dehcho Agreement; Dehcho Ndehe means DFN titled land as set out in a Dehcho Agreement; Dehcho Region [Map means the whole region, including the Acho Dene Koe First Nation settlement area in NWT and extending to Buffalo River on east. PREAMBLE WHEREAS the DFN and the Government of the Northwest Territories (hereinafter referred to as the "Parties") aspire to a new government-to-government relationship; AND WHEREAS this new government-to-government relationship is intended to be based on mutual respect, responsibilities and recognition; AND WHEREAS Canada and the GNWT have agreed to devolve the administration and control of public lands, resources, and rights in respect of waters in the Northwest Territories to the Commissioner of the Northwest Territories; AND WHEREAS the DFN and the GNWT both seek as a priority the conclusion of a Dehcho AIP and the Dehcho Land Use Plan; THEREFORE the DFN and the GNWT intend that this Bilateral Agreement sets out their common intentions for concluding the Dehcho Process negotiations and the Dehcho Land Use Plan. DEFINITIONS In this Bilateral Agreement: Candidate Protected Area means, one or more of the following candidate protected areas as the context requires, Ed?hzhie, Sambaa K'e, K?a'gee Tu, Eji? Ddahe, and tue Tu? Sqlai. [This excludes Pehdzeh Ki need to check PKFN re intentions and resolution under 1.16]; DCRMA means the Dehcho Resource Management Authority; Dehcho AIP means the Agreement-in-Principle that will form the basis for concluding a Dehcho Agreement; Dehcho Government means the Dehcho Regional Government or, as the context requires, a Dehcho Community Government; Dehcho Regional Government means the regional government, pursuant to a Dehcho Agreement. It is presently contemplated that the Dehcho Regional Government will have a Dehcho Dene ?house? for matters internal to the DFN, and an inclusive ?house' that represents all residents of the Dehcho Region; Dehcho Community Govarnment means a local government for a Dehcho community as described in the Dehcho Agreement; Dehcho Ndehe means DFN titled land as set out in a Dehcho Agreement; Dehcho Region [Map means the whole region, including the Acho Dene Koe First Nation settlement area in NWT and extending to Buffalo River on east. Dehcho Agreement means the ?nal land claims and self-government agreement among the DFN, Canada and the GNWT based upon the Dehcho Dehcho Land Use Plan means the land use plan for the Dehcho Region approved by the DFN, the GNWT and Canada; DFN means in aggregate, the Liidlii Kue First Nation, Deh Gah Got? ie First Nation, Pehdzeh Ki First Nation, West Point First Nation, Tthek'edeli First Nation, Sambaa K'e First Nation, Na?ahdee First Nation, K?agee Tu First Nation, Fort Simpson M?tis Local 52, and Fort Providence M?tis Local 57. Upon the conclusion of a Dehcho Agreement, the DFN will be collectively represented by the Dehcho Government; Dehcho Settlement Area [Map means the area to which a Dehcho Agreement applies; Determination means a decision of the DCRMA resulting from their deliberations on a matter under consideration. DCRMA Determinations are reviewed, considered, and ultimately acted on or not acted on by government in accordance with part 6; Northern Conservation Tools means a yet to be de?ned method of providing northern participation and control of conservation and protection of important lands and resources; Specified Substances has the same meaning as in the Dehcho Subsurface Development means all aspects and phases of subsurface resource acquisition, exploration and development; and Subsurface Resource Royalties means an amount payable to government that is a payment, tax, royalty, rent or fee that is payable for a right to explore for, or to exploit a subsurface resource in the Dehcho Settlement Area. NWT to review] 1. DEHCHD LAND USE PLAN 1.1 The Dehcho Land Use Plan will come into force on approval by DFN, GNWT and Canada. 1.2 The Dehcho Land Use Plan will apply throughout the Dehcho Region, except that the plan will not apply in National Parks and within community boundaries. 1.3 A Dehcho Land Use Plan will always be in place in the Dehcho Region. 1.4 The approval of the DFN, or Dehcho Government after the Effective Date of a Dehcho Agreement, is required for any amendments to the Dehcho Land Use Plan. 1.5 The Parties will provide instructions to their representatives regarding the completion of the Dehcho Land Use Plan in accordance with this Bilateral Agreement. 1.6 For the purposes of this Bilateral Agreement, the following is assumed: a) The Dehcho Region for land use planning purposes is 214,456 km2 which includes Nahanni National Park; b) Nahanni National Park is in the Dehcho Region and is 30,050 km2 in size; and c) The Dehcho Land Use Plan Zones are: i. Candidate Protected Area Zones; ii. Conservation Zones; Special Management Zones; iv. Special Development Zones; v. General Use Zones; and vi. Special Infrastructure Corridors 1.7 The November 2013 draft of the Dehcho Land Use Plan which zones the region as: Excluding Nahannl National Park Including Nahanni National Park Reserve Reserve ZONE TYPE SQ KM PERCENT SQ KM PERCENT A Candidate Protected Area 42,432.05 23.01% 72,482.05 33.80% Conservation 22,803.26 12.37% 22,803.26 10.63% General Use 44,164.62 23.95% 44,164.62 20.59% Special Development 66,248.51 35.92% 66,248.51 30.89% Special Management 8,766.62 4.75% 8,766.62 4.09% TOTAL 184,415.06 100.00% 214,465.06 100% Special Infrastructure Corridor 2,161.84 01.17% 2,161.84 1.00% re?ects an appropriate balance between land for conservation purposes and lands potentially available for development in the region. The parties will instruct their Dehcho Land Use Planning Committee members to ?nalize the Dehcho Land Use Plan in a manner substantially in conformance with the chart above. 1.8 A Dehcho Land Use Plan will be completed and submitted to the DFN, GNWT and Canada for consideration by November 2014. 1.9 The Parties will each undertake their own consultations in respect of the Dehcho Land Use Plan submitted for consideration under 1.8. a) The Dehcho Region for land use planning purposes is 214,456 km2 which includes Nahanni National Park; 2 b) Nahanni National Park is in the Dehcho Region and is 30,050 km in size; and c) The i. ii. ehcho Land Use Plan Zones are: Candidate Protected Area Zones; Conservation Zones; Special Management Zones; iv. Special Development Zones; v. General Use Zones; and vi. Special Infrastructure Corridors 1.7 The November 2013 draft of the Dehcho Land Use Plan which zones the region as: Excluding Nahanni National Park Including Nahanni National Park Reserve Reserve ZONE TYPE SQ KM PERCENT SQ KM PERCENT A Candidate Protected Area 42,432.05 23.01% 72,482.05 33.80% Conservation 22,803.26 12.37% 22,803.26 10.63% General Use 44,164.62 23.95% 44,164.62 20.59% Special Development 66,248.51 35.92% 66,248.51 30.89% Special Management 8,766.62 4.75% 8,766.62 4.09% TOTAL 184,415.06 100.00% 214,465.06 100% Special infrastructure Corridor 2,161.84 01.17% 2,161.84 1.00% re?ects an appropriate balance between land for conservation purposes and lands potentially available for development in the region. The parties will instruct their Dehcho Land Use Planning Committee members to ?nalize the Dehcho Land Use Plan in a manner substantially in conformance with the chart above. 1.8 consideration 1.9 submitted for by November 2014. consideration under 1.8. A Dehcho Land Use Plan will be completed and submitted to the DFN, GNWT and Canada for The Parties will each undertake their own consultations in respect of the Dehcho Land Use Plan 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 The GNWT has a constitutional duty to consult Acho Dene Koe First Nation, Katl?odeeche First Nation and the Northwest Territory M?tis Nation on a draft Dehcho Land Use Plan. The Parties will seek to engage ADK in discussions regarding the Dehcho Land Use Plan. The Dehcho Land Use Plan should come into force on or before the date the Dehcho AIP is approved by the DFN, the GNWT, and Canada. It is also recognized that for a Dehcho Land Use Plan to come into force, amendments to existing legislation are likely required to recognize the land use plan and the land use planning committee. The DFN and the GNWT willjointly advance this with Canada. The DFN, the Dehcho Government after the Effective Date of a Dehcho Agreement, departments and agencies of Canada and the GNWT, and every body having authority under law to issue licences, permits or other authorizations relating to the use of land or waters or the deposit of waste within the Dehcho Region shall carry out their powers in accordance with the approved Dehcho Land Use Plan. The entirety of the Dehcho Region, except for land within National Parks and community boundaries, will be zoned in relation to permitted uses as described in the Dehcho Land Use Plan. After the Dehcho AIP and prior to concluding a Dehcho Agreement, the Parties will: a) identify Dehcho Ndehe; b) identify and make a decision whether, and how to establish, Candidate Protected Areas for protection under legislation; c) identify areas within land use plan conservation zones and make a decision whether, and how to manage ecological and cultural values through Northern Conservation Tools; d) take into account the discussions of the IGF pursuant to 4.4, and any consensus on matters set out above; e) consider re?nements to the Dehcho Land Use Plan re?ecting the above; and f) Address other matters as identi?ed by the parties. After the process described in 1.15, the resulting Dehcho Land Use Plan will be considered for approval concurrent with the rati?cation of the Dehcho Agreement. The processes described in 1.15 - are intended to conclude concurrently so that during rati?cation of a Dehcho Agreement, the parties can consider the Dehcho Land Use Plan, identi?cation of Dehcho Ndehe, lands to be considered for protection under legislation, areas managed by Northern Conservation Tools, and other related matters. Recognizing that the table in 1.7 seeks to achieve a fair balance between the need to have lands designated for conservation and lands potentially available for development, the parties anticipate that upon concluding the process described in 1.15, the overall balance between land designated for conservation and lands potentially available for development will remain substantially unaltered. -.- 1.19 1.20 Through the process described in 1.15, and respecting that Dehcho communities will make proposals regarding what land may become Dehcho Ndehe, it is intended that Dehcho Ndehe will be generally representative of the overall balance between lands designated for conservation and lands potentially available for development in the Dehcho Land Use Plan. During the course of undertaking the processes in 1.15, the parties may revisit the principles in 1.18 and 1.19 recognizing that the identi?cation of Dehcho Ndehe, the Generalized Interest, re?nements to the Dehcho Land Use Plan, or other factors may give the parties cause to consider alternatives. 2. PROTECTED AREAS AND CONSERVATION ZONES 2.1 2.2 2.3 2.4 2.5 2.6 The conservation zones identi?ed within the Dehcho Land Use Plan will provide protection for ecological and cultural values, while remaining ?exible and adaptive to change over time through periodic revisions of the Dehcho Land Use Plan. The Parties support development of Northern Conservation Tools to accomplish conservation objectives within the Dehcho Region, including community-conserved areas. The Parties may consider the use of Northern Conservation Tools, under either NWT legislation and/or Dehcho legislation to protect or conserve land. The Parties have the goal of using Northern Conservation Tools to enable Dehcho communities and the GNWT to work together in partnership to identify and designate areas for protection, potentially including surface and the subsurface, and set out the governance arrangements for managing the ecological and cultural values of those designated areas. Candidate Protected Area zones identi?ed in the Dehcho Land Use Plan may be permanently designated as protected areas in accordance with legislation. Unless otherwise agreed to by the Parties, existing interim land withdrawals associated with each identi?ed Candidate Protected Area in the Dehcho Region will remain in place until the Dehcho Land Use Plan comes into force. The Parties will review the existing interim land withdrawals to determine how those areas will be zoned in the Dehcho Land Use Plan in accordance with the process in 1.15. 3. NDEHE AND THE GENERALIZED INTEREST IN SUBSURFACE 3.1 The Dehcho Government on behalf of the Dehcho Dene own in fee simple Dehcho Ndehe, excluding subsurface resources, but including: 3) Ownership of an undivided interest, with the Crown, in all subsurface resources in the Dehcho Settlement Area; and b) Speci?ed Substances on Dehcho Ndehe 1.19 1.20 Through the process described in 1.15, and respecting that Dehcho communities will make proposals regarding what land may become Dehcho Ndehe, it is intended that Dehcho Ndehe will be generally representative of the overall balance between lands designated for conservation and lands potentially available for development in the Dehcho Land Use Plan. During the course of undertaking the processes in 1.15, the parties may revisit the principles in 1.18 and 1.19 recognizing that the identi?cation of Dehcho Ndehe, the Generalized interest, re?nements to the Dehcho Land Use Plan, or other factors may give the parties cause to consider alternatives. 2. PROTECTED AREAS AND CONSERVATION ZONEs 2.1 2.2 2.3 2.4 2.5 2.6 The conservation zones identi?ed within the Dehcho Land Use Plan will provide protection for ecological and cultural values, while remaining ?exible and adaptive to change over time through periodic revisions of the Dehcho Land Use Plan. The Parties support development of Northern Conservation Tools to accomplish conservation objectives within the Dehcho Region, including community-conserved areas. The Parties may consider the use of Northern Conservation Tools, under either NWT legislation and/or Dehcho legislation to protect or conserve land. The Parties have the goal of using Northern Conservation Tools to enable Dehcho communities and the GNWT to work together in partnership to identify and designate areas for protection, potentially including surface and the subsurface, and set out the governance arrangements for managing the ecological and cultural values of those designated areas. Candidate Protected Area zones identi?ed in the Dehcho Land Use Plan may be permanently designated as protected areas in accordance with legislation. Unless otherwise agreed to by the Parties, existing interim land withdrawals associated with each identi?ed Candidate Protected Area in the Dehcho Region will remain in place until the Dehcho Land Use Plan comes into force. The Parties will review the existing interim land withdrawals to determine how those areas will be zoned in the Dehcho Land Use Pian in accordance with the process in 1.15. 3. DEHCHO NDEHE AND THE GENERALIZED INTEREST IN SUBSURFACE 3.1 The Dehcho Government on behalf of the Dehcho Dene own in fee simple Dehcho Ndehe, excluding subsurface resources, but including: 3) Ownership of an undivided interest, with the Crown, in all subsurface resources in the Dehcho Settlement Area; and b) Speci?ed Substances on Dehcho Ndehe 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 It is recognized that the generalized interest ('Generalized Interest?) in the subsurface resources as described in 3.1 is subject to the certainty provisions of a Dehcho Agreement to clarify and con?rm that the Dehcho Dene?s Aboriginal and Treaty rights, including Aboriginal title are comprehensively set out in the Dehcho Agreement. in 3.1 shall be determined by dividing the subsurface Dehcho Ndehe quantum (in kmz) that forms the basis for concluding a Dehcho Agreement by the area of the Dehcho Settlement Area in (kmz). The Generalized Interest does not affect the Dehcho Dene's share of the ?Dene/Metis share? of resource royalties from Crown lands in the Mackenzie Valley. The Generalized Interest does not affect the Dehcho Dene's share of the Net Fiscal Bene?t pursuant to the Devolution Agreement. The share of subsurface resource royalties from the Dehcho Settlement area ?owing from the Generalized Interest will be determined and accrue to the DFN prior to any calculation of: a) the Dene/M?tis share of resource royalties from Crown land, and b) the NFB for the GNWT under the Final Devolution Agreement. The Dehcho Government has the jurisdiction in relation to the use, management, administration and protection of Dehcho Ndehe. Dehcho Ndehe may not be ?ooded or used for the storage or diversion of water for hydroelectric development by any person without the consent of the Dehcho Government. Dehcho Ndehe will be administered and controlled by the Dehcho Government on behalf of Dehcho Dene. All revenues from Dehcho Ndehe, including surface resource royalties, rents, levies and fees will be set by and accrue to the Dehcho Government. Access to Dehcho Ndehe will be in accordance with the Dehcho Agreement and as may be specified in Dehcho Law. The Dehcho Government and the GNWT have a common interest in effectively managing all lands and resources in the Dehcho Settlement Area. The administration of subsurface resources in the Dehcho Settlement Area shall be by the GNWT and Canada to the extent of their respective jurisdictions. Subsurface interests or authorizations for the exploration and development of subsurface resources in the Dehcho Settlement Area will only be granted where such activities are: a) permitted by the Dehcho Land Use Plan; 3.15 3.16 b) where situated in the subsurface beneath Dehcho Ndehe, in accordance with Dehcho Laws regarding the use of Dehcho Ndehe; c) consistent with any consensus of the Parties reached pursuant to 4.4; and d) in accordance with the Dehcho Final Agreement and laws of general application. For greater certainty, the Generalized Interest applies to all subsurface resources in the Dehcho Settlement Area including those in respect of which a subsurface interest exists as of the Effective Date of a Dehcho Agreement. The costs associated with managing the subsurface will be proportionately shared between the GNWT and the DFN in the same manner as the benefits from the subsurface are shared between the DFN and the GNWT. The DFN and the GNWT shall as soon as practicable, discuss and develop a method of implementing this provision, (for example a percentage of revenue), including addressing scenarios where costs exceed revenues. 4 INTERGOVERNMENTAL FORUM 4.1 4.2 4.3 4.4 4.5 The Parties will establish within 90 days of signing this Agreement, a bilateral DFN and GNWT intergovernmental forum (the 'lntergovernmental Forum? or to exchange information, promote discussion, and build a consensus on the matters before the 16 F. The IGF will be comprised of an equal number of members appointed by each of the GNWT and the DFN. The GNWT and the DFN will each appoint members to the IGF with the requisite expertise and experience. The IGF will be mandated to build a consensus on: a) the pace of Subsurface Development in the Dehcho Settlement Area; b) acceptable thresholds for Subsurface Development in the Dehcho Settlement Area; c) revenues, including royalties, that should be realized from Subsurface Development in the Dehcho Settlement Area; d) protocols to be followed by persons engaged in Subsurface Development in the Dehcho Settlement Area to resolve any concerns or address the interests of Dehcho communities in regard to their activities; and e) other matters identi?ed by the DFN and the GNWT concerning the management of Subsurface Development in the Dehcho Settlement Area. The DFN and the GNWT shall each approach the IGF as the primary mechanism for accommodating each other? 5 interests on matters before the IG in accordance with their respective responsibilities: a) to speak to the culture, traditions, and the Aboriginal and treaty rights the public interest for all residents of the NWT. 3.15 3.16 b) where situated in the subsurface beneath Dehcho Ndehe, in accordance with Dehcho Laws regarding the use of Dehcho Ndehe; c) consistent with any consensus of the Parties reached pursuant to 4.4; and d) in accordance with the Dehcho Final Agreement and laws of general application. For greater certainty, the Generalized Interest applies to all subsurface resources in the Dehcho Settlement Area including those in respect of which a subsurface interest exists as of the Effective Date of a Dehcho Agreement. The costs associated with managing the subsurface will be proportionately shared between the GNWT and the DFN in the same manner as the bene?ts from the subsurface are shared between the DFN and the GNWT. The DFN and the GNWT shall as soon as practicable, discuss and develop a method of implementing this provision, (for example a percentage of revenue), including addressing scenarios where costs exceed revenues. 4 INTERGOVERNMENTAL FORUM 4.1 4.2 4.3 4.4 4.5 The Parties will establish within 90 days of signing this Agreement, a bilateral DFN and GNWT intergovernmental forum (the ?lntergovernmental Forum? or to exchange information, promote discussion, and build a consensus on the matters before the IGF. The IGF will be comprised of an equal number of members appointed by each of the GNWT and the DFN. The GNWT and the DFN will each appoint members to the IGF with the requisite expertise and experience. The IGF will be mandated to build a consensus on: a) the pace of Subsurface Development in the Dehcho Settlement Area; b) acceptable thresholds for Subsurface Development in the Dehcho Settlement Area; c) revenues, including royalties, that should be realized from Subsurface Development in the Dehcho Settlement Area; d) protocols to be followed by persons engaged in Subsurface Development in the Dehcho Settlement Area to resolve any concerns or address the interests of Dehcho communities in regard to their activities; and e) other matters identi?ed by the DFN and the GNWT concerning the management of Subsurface Development in the Dehcho Settlement Area. The DFN and the GNWT shall each approach the IGF as the primary mechanism for accommodating each other?s interests on matters before the IGF in accordance with their respective responsibilities: a) to speak to the culture, traditions, and the Aboriginal and treaty rights the public interest for all residents of the NWT. 4.6 4.7 4.8 4.9 The IGF will: a) inform the exercise of jurisdiction by the GNWT and Dehcho Government in respect to subsurface development; and b) inform the GNWT and the views at the Devolution Intergovernmental Council as well as be informed by the discussions of the Devolution Intergovernmental Council. Where a consensus emerges pursuant to the matters before the IGF pursuant to 4.4, the parties will take such actions as are necessary to act in accordance with that consensus. The Parties recognize that in the event that either the DFN or the GNWT believe that there is an ongoing and continuing inability for both parties to satisfactorily work together, ?nd common ground and reasonably accommodate each other?s interests regarding the matters before the IGF pursuant to 4.4, either the DFN or the GNWT may give notice that a generalized interest will not form the basis of a Dehcho Final Agreement. Prior to concluding a Dehcho Final Agreement, the Parties will consider whether the parties should consider provisions in a Dehcho Final Agreement which would allow the parties to revisit aspects of the Generalized Interest. 5 DEHCHO GOVERNMENT JURISDICTIONS 5.1 5.2 5.3 5.4 5.5 5.6 The DRG has the jurisdiction over the management and exercise of rights and bene?ts provided under the Final Agreement to DFN citizens, including harvesting rights. The DRG has the jurisdiction to authorize persons who are not DFN citizens to access Dehcho Ndehe for the purpose of harvesting wildlife. The DRG hasjurisdiction in the Dehcho Region to establish: a) harvesting seasons for any species of wildlife; b) wildlife harvesting methods; c) management zones for wildlife; and cl) conservation zones for management of wildlife harvesting when required for conservation and only to the extent necessary to achieve conservation. The jurisdiction of the DRG pursuant to 5.3 does not include the ability to license, or deny a person a license to harvest wildlife. AIP negotiations shall address how, and who sets requirements for guides or out?tters. The DRG shall consult the GNWT prior to enacting a law pursuant to 5.3. 5-- 5.7 5.8 5.9 5.10 Any wildlife harvesting methods and management zones established by DRG law pursuant to 5.3 shall not have the effect of unreasonably restricting or frustrating persons who are not Dehcho Citizens ability to harvest wildlife. In the event of a con?ict between a DRG law pursuant to 5.1 or 5.2 and a federal or NWT law, the DRG law shall prevail to the extent of the con?ict. In the event of a con?ict between a DRG law pursuant to 5.3 and a federal or NWT law, the federal or NWT law shall prevail to the extent of the conflict. A Dehcho Community Government has the authority to approve special harvesting licences pursuant to NWT law. 5. WILDLIFE MANAGEMENT 6.1 6.2 6.3 6.4 6.5 6.6 The Parties share the view that wildlife stewardship is a shared responsibility, and that wildlife conservation and management is best accomplished by coOperation and collaboration amongst governments. The Parties intend that wildlife management within the Dehcho Region will be carried out by the Dehcho Government and the GNWT in accordance with their respective jurisdictions. The DCRMA, the DRG, Canada, and the GNWT shall exercise their powers in relation to wildlife management to: a) make management decisions on an ecosystemic basis recognizing the interconnection of wildlife with the other components of the physical environment; b) apply the principles and practices of conservation; c) use the best information available, except that, in the absence of complete information, where there are threats of serious or irreparable damage, lack of complete certainty shall not be a reason for postponing reasonable conservation measures; d) monitor and periodically review its management decisions and actions and modify those decisions and actions, on the basis of the result of such monitoring and review; and e) consider, where appropriate, public health and public safety issues. The DCRMA is the main instrument of wildlife management in the Dehcho Region. Before taking an action in relation to wildlife, or wildlife management, in the Dehcho Region, the DRG, the GNWT and Canada shall seek the advice of the DCRMA. The DCRMA the DRG, the GNWT and Canada and any other authority whose responsibilities include the management of wildlife, wildlife habitat, forests, plants, land and water in the Dehcho Region shall coordinate their functions. - ..-..-- - 5.7 5.8 5.9 5.10 Any wildlife harvesting methods and management zones established by DRG law pursuant to 5.3 shall not have the effect of unreasonably restricting or frustrating persons who are not Dehcho Citizens ability to harvest wildlife. In the event of a con?ict between a DRG law pursuant to 5.1 or 5.2 and a federal or NWT law, the DRG law shall prevail to the extent of the con?ict. In the event of a con?ict between a DRG law pursuant to 5.3 and a federal or NWT law, the federal or NWT law shall prevail to the extent of the con?ict. A Dehcho Community Government has the authority to approve special harvesting licences pursuant to NWT law. 6. WILDLIFE MANAGEMENT 6.1 6.2 6.3 6.4 6.5 6.6 The Parties share the view that wildlife stewardship is a shared responsibility, and that wildlife conservation and management is best accomplished by cooperation and collaboration amongst governments. The Parties intend that wildlife management within the Dehcho Region will be carried out by the Dehcho Government and the GNWT in accordance with their respective jurisdictions. The DCRMA, the DRG, Canada, and the GNWT shall exercise their powers in relation to wildlife management to: a) make management decisions on an ecosystemic basis recognizing the interconnection of wildlife with the other components of the physical environment; b) apply the principles and practices of conservation; c) use the best information available, except that, in the absence of complete information, where there are threats of serious or irreparable damage, lack of complete certainty shall not be a reason for postponing reasonable conservation measures; d) monitor and periodically review its management decisions and actions and modify those decisions and actions, on the basis of the result of such monitoring and review; and e) consider, where appropriate, public health and public safety issues. The DCRMA is the main instrument of wildlife management in the Dehcho Region. Before taking an action in relation to wildlife, or wildlife management, in the Dehcho Region, the DRG, the GNWT and Canada shall seek the advice of the DCRMA. The DCRMA the DRG, the GNWT and Canada and any other authority whose responsibilities include the management of wildlife, wildlife habitat, forests, plants, land and water in the Dehcho Region shall coordinate their functions. 6.7 6.8 6.9 6.10 The DCRMA, in ful?lling its role as the main instrument of wildlife management in the Dehcho Region, will make Determinations on their own motion, or at the request of the DRG, the GNWT or Canada, as the case may be, regarding: establishing, modifying or removing total allowable harvest levels for any species of wildlife from time to time in the Dehcho Region as a whole, or to particular areas of the Dehcho Region when required for conservation and only to the extent necessary to achieve conservation; 8) b) establishing, modifying or removing a quota for any species of wildlife from time to time in the Dehcho Region as a whole, or to particular areas of the Dehcho when required for conservation and only to the extent necessary to achieve conservation; the harvesting of wildlife by any person, including any class of persons; d) the commercial harvesting of wildlife; e) commercial activities relating to wildlife including; i. commercial establishments and facilities for commercial harvesting, propagation, cultivation and husbandry of fur bearers and other species, and commercial processing, marketing and sale of wildlife and wildlife products; ii. guiding and out?tting services; and hunting, ?shing and naturalist camps and lodges; f) measures for the conservation, management, and protection of wildlife or wildlife habitat; g) the use of harvested wildlife and parts of harvested wildlife; h) wildlife research permits including any conditions associated with wildlife research in the Dehcho Region and listing of species at risk. The DCRMA shall have the power to: a) approve plans for the management and protection of wildlife or wildlife habitat in the Dehcho Region; b) approve the designation of wildlife and wildlife habitat conservation areas and endangered species; c) approve provisions of interim management guidelines, management plans that impact on wildlife and wildlife harvesting in, protected areas, conservation areas, territorial parks, and national parks; d) hear appeals and make ?nal decisions on special harvesting licence applications pursuant to 5.9; and e) allocate any total allowable harvest among Dehcho communities and other Aboriginal peoples who have Aboriginal or treaty rights to harvest in the Dehcho Region, where a total allowable harvest level of any species of wildlife is in place. Notwithstanding 6.8, in the absence of a DCRMA Determination approving a plan, guideline or permit pursuant to 6.8, DRG or the GNWT may approve plans, guidelines, or permits where necessary for the conservation or management of wildlife and wildlife habitat. The DCRMA shall provide the DRG, the GNWT and Canada as appropriate with notice of: a) any permitted wildlife research and any resulting reports6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 . b) any wildlife applications for which permits were not issued. The DCRMA may, to the extent provided within its budget: a) monitor wildlife harvesting, collect data and conduct or participate in research regarding wildlife or wildlife harvesting in the Dehcho Region; and b) develop and conduct public education programs respecting wildlife or wildlife harvesting in the Dehcho Region. The DCRMA shall provide any Determinations to the DRG, the GNWT or Canada within such reasonable time as the DRG, the GNWT or Canada requires, failing which, the DRG, the GNWT or Canada may proceed without having received such Determinations. The DCRMA may exercise any other powers assigned or delegated to it by the DRG, the GNWT or Canada. The DRG, the NWT or Canada may, within 60 days of receipt of a Determination of the DCRMA under 6.7, accept the Determination or request that the DCRMA reconsider the determination. Where the DRG, the GNWT or Canada requests that the DCRMA reconsider a Determination pursuant to 6.7, the DRG, the GNWT or Canada shall provide the DCRMA with a rationale for reconsidering its Determination. The DCRMA shall have thirty (30) days, or such other timeframe as may be agreed to, to reconsider a Determination when requested by the DRG, the GNWT or Canada pursuant to 6.15 and provide the DRG, the GNWT or Canada with its reconsidered Determination. The DRG, the GNWT or Canada may, within sixty (60) days, or such other timeframe as may be agreed to, of receipt of a reconsidered Determination of the DCRMA pursuant to 6.16, accept, vary, set aside or replace the Determination of the DCRMA. The DRG, the GNWT or Canada must consider the same factors as were considered by the DCRMA and, in addition, may consider information not before the DCRMA and matters of public interest not considered by the DCRMA. The DRG, the GNWT or Canada shall provide the DCRMA with written reasons for any proposed variation or replacement of the Determination. The DRG and the GNWT shall seek a consensus regarding a DCRMA Determination pursuant to 6.7 or 6.7 regarding wildlife prior to accepting or requesting reconsideration by the DCRMA pursuant to 6.14. If a consensus is not reached, the DCRMA shall reconsider their Determination. A similar approach for fish and migratory birds will be considered. EMERGENCY POWERS 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 b) any wildlife applications for which permits were not issued. The DCRMA may, to the extent provided within its budget: a) monitor wildlife harvesting, collect data and conduct or participate in research regarding wildlife or wildlife harvesting in the Dehcho Region; and b) develop and conduct public education programs respecting wildlife or wildlife harvesting in the Dehcho Region. The DCRMA shall provide any Determinations to the DRG, the GNWT or Canada within such reasonable time as the DRG, the GNWT or Canada requires, failing which, the DRG, the GNWT or Canada may proceed without having received such Determinations. The DCRMA may exercise any other powers assigned or delegated to it by the DRG, the GNWT or Canada. The DRG, the GNWT or Canada may, within 60 days of receipt of a Determination of the DCRMA under 6.7, accept the Determination or request that the DCRMA reconsider the determination. Where the DRG, the GNWT or Canada requests that the DCRMA reconsider a Determination pursuant to 6.7, the DRG, the GNWT or Canada shall provide the DCRMA with a rationale for reconsidering its Determination. The DCRMA shall have thirty (30) days, or such other timeframe as may be agreed to, to reconsider a Determination when requested by the DRG, the GNWT or Canada pursuant to 6.15 and provide the DRG, the GNWT or Canada with its reconsidered Determination. The DRG, the GNWT or Canada may, within sixty (60) days, or such other timeframe as may be agreed to, of receipt of a reconsidered Determination of the DCRMA pursuant to 6.16, accept, vary, set aside or replace the Determination of the DCRMA. The DRG, the GNWT or Canada must consider the same factors as were considered by the DCRMA and, in addition, may consider information not before the DCRMA and matters of public interest not considered by the DCRMA. The DRG, the GNWT or Canada shall provide the DCRMA with written reasons for any proposed variation or replacement of the Determination. The DRG and the GNWT shall seek a consensus regarding a DCRMA Determination pursuant to 6.7 or 6.7 regarding wildlife prior to accepting or requesting reconsideration by the DCRMA pursuant to 6.14. If a consensus is not reached, the DCRMA shall reconsider their Determination. A similar approach for fish and migratory birds will be considered. EMERGENCY POWERS 6.20 6.21 6.urgent circumstances require an immediate action respecting matters referred to 6.7 above, the DRG the GNWT or Canada may make an interim decision and take actions in accordance with the interim decision without receiving a Determination from the DCRMA. The DRG, the GNWT or Canada shall as soon as practicable inform the DCRMA of the interim decision and any action taken and the reasons for such an interim decision. The DCRMA will review the interim decision and provide the DRG, the GNWT or Canada with a Determination on the matter in accordance with 5.7. 'Forest management? means, forest conservation, forest health, the management of timber and non-timber forest products, reforestation, silviculture, the management of forests for wildlife and conservation. ?Forest ?re management,? means, the activities concerned with the protection of people, property and forest areas from wild?re including the use of prescribed burning for the attainment of forest management and other land use objectives, all conducted in a manner that considers environmental, social and economic criteria. 'Forestry activities' means, the management of timber and non-timber forest products, harvesting, reforestation, siliviculture and forest ?re management, and the maintenance of forest health. 'Forest management plan? means, a description of how forest management will be addressed in a de?ned area where forestry activities are occurring or are likely to occur. The DRG has the jurisdiction for forest management on Dehcho Ndehe. The DRG, the GNWT and Canada shall act in accordance with approved forest management plans. Any forest management plan and any forestry activity shall be in accordance with the Dehcho Land Use Plan. Title to Dehcho Ndehe includes the ownership of trees, plants and fungi, the issuance of licences, permits or other authorizations and the determination and collection of any fees, rents, royalties or charges in respect of forestry activities. The DRG'sjurisdiction on Dehcho Ndehe in 7.5 includes: a) cutting timber; b) use of timber; c) transporting timber; d) conducting research regarding forest management; 7.10 7.11 7.12 7.13 7.14 7.15 7.16 e) authorizing mills; f) scaling timber g) developing forest management plans; and h) entering into forest management agreements. The jurisdiction in 7.5 does not include forest fire management and forest health. Nothing precludes the GNWT and the DRG from entering into agreements regarding forest management. In the event of a conflict between a Dehcho Law pursuant to 7.4 and a NWT or federal Law, the Dehcho Law prevails to the extent of the con?ict except in matters relating to conservation, public health, public safety, forest ?re control, and forest health. The DCRMA will make Determinations on their own motion, or at the request of the DRG, the GNWT or Canada, as the case may be, regarding: a) harvesting of trees; b) commercial harvesting of trees; c) forest ?re management; and d) forest health. The DCRMA has the power to approve forest management plans within the Dehcho Region. Notwithstanding 7.13, in the absence of a DCRMA determination approving a plan, pursuant to 7.13, the DRG and the GNWT may approve a plan, where necessary for conservation, forest ?re control or forest health. The DCRMA will make a Determination, on referral from the DRG, GNWT or Canada or a person directly affected by a proposed forestry activity, as to whether the proposed activity is in accordance with the forest management plan. 8 Compsmon or THE DEHCHO RESOURCE MANAGEMENT AUTHORITY 8.1 8.2 8.3 The Dehcho Agreement will set out an obligation for the GNWT to establish the DCRMA via NWT legislation consistent with its structure, responsibilities set out in the Dehcho Agreement. The GNWT will consult with the Dehcho Government when developing this legislation. The DFN and the NWT will take the positions that the Dehcho Agreement will set out the structure and responsibilities of the DCRMA consistent with this Bilateral Agreement. The DCRMA will be an institution of public government and will have such roles and functions as are specified within the Dehcho Agreement or as may be delegated to it by the government with jurisdiction over the matter. 7.10 7.11 7.12 7.13 7.14 7.15 7.16 e) authorizing mills; f) scaling timber g) developing forest management plans; and h) entering into forest management agreements. The jurisdiction in 7.5 does not include forest ?re management and forest health. Nothing precludes the GNWT and the DRG from entering into agreements regarding forest management. In the event of a con?ict between a Dehcho Law pursuant to 7.4 and a NWT or federal Law, the Dehcho Law prevails to the extent of the con?ict except in matters relating to conservation, public health, public safety, forest ?re control, and forest health. The DCRMA will make Determinations on their own motion, or at the request of the DRG, the GNWT or Canada, as the case may be, regarding: a) harvesting of trees; b) commercial harvesting of trees; c) forest ?re management; and d) forest health. The DCRMA has the power to approve forest management plans within the Dehcho Region. Notwithstanding 7.13, in the absence of a DCRMA determination approving a plan, pursuant to 7.13, the DRG and the GNWT may approve a plan, where necessary for conservation, forest fire control or forest health. The DCRMA will make a Determination, on referral from the DRG, GNWT or Canada or a person directly affected by a proposed forestry activity, as to whether the proposed activity is in accordance with the forest management plan. 8 Cowosmou OF THE DEHCHO Resounce MANAGEMENT AUTHORITY 8.1 8.2 8.3 The Dehcho Agreement will set out an obligation for the GNWT to establish the DCRMA via NWT legislation consistent with its structure, responsibilities set out in the Dehcho Agreement. The GNWT will consult with the Dehcho Government when developing this legislation. The DFN and the GNWT will take the positions that the Dehcho Agreement will set out the structure and responsibilities of the DCRMA consistent with this Bilateral Agreement. The DCRMA will be an institution of public government and will have such roles and functions as are speci?ed within the Dehcho Agreement or as may be delegated to it by the government with jurisdiction over the matter. 8.4 8.5 8.6 8.7 8.8 8.9 8.10 9 9.1 9.2 9.3 The composition of the DCRMA should include representatives of Canada, GNWT, the DFN, and other aboriginal parties with a right to put forward candidates for the DCRMA under a land claim agreement. The DCRMA will have eleven (11) members, including a chair, whose members will act in the public interest. Nine (9) members of the DCRMA will be appointed by the Dehcho Government, for a term not to exceed five years, from nominations put forth as follows: a) DFN [Aboriginal House of Dehcho Government] may nominate seven (7) candidates; b) GNWT may nominate four (4) candidates; c) Canada may nominate two (2) candidates; d) ADK may nominate two (2) candidates; and e) Other parties (TBD) may nominate (2) candidates. The GNWT will appoint two (2) members to the DCRMA from among the candidates. The eleven (11) members appointed to the DCRMA will select a Chair from among themselves. Except as specified in the Dehcho Agreement or by a government in the case of delegations of authority, DCRMA will determine its own processes, and may establish committees or sub- committees as it deems necessary to ful?ll its roles and functions. The head of?ce of the DCRMA will be located in the Dehcho Region. FUNCTIONS OF THE DEHCHO RESOURCE MANAGEMENT AUTHORITY -.- The DCRMA will assume the roles and responsibilities of the Dehcho Land Use Planning Committee and carry out the functions of a planning board within the Dehcho Region. The DCRMA will assume the roles and responsibilities of a Renewable Resources Management Board and carry out the functions of such a board within the Dehcho Region including those matters set out in sections 6 and 7. The DCRMA will: a) Make ?nal determinations, on referral from a body listed under 1.13 or a person directly affected by the proposed activity, as to whether a proposed activity is in accordance with the Dehcho Land Use Plan; b) Where so authorized by the Dehcho Land Use Plan, consider applications for exceptions to the Dehcho Land Use Plan; c) Carry out periodic reviews of the Dehcho Land Use Plan; and d) On its own motion, or on application, propose amendments to the Dehcho Land Use Plan. - . . . 9.4 9.5 9.6 9.7 The Dehcho Agreement may provide for additional roles or responsibilities for the DCRMA. The Dehcho Agreement will con?rm that governments may delegate additional responsibilities to the DCRMA in accordance with theirjurisdiction. The DCRMA may provide advice to government on any resource management matter within the Dehcho Region on its own authority. The DCRMA will coordinate, to the extent practical, its activities and functions with governments and other authorities with responsibilities in or adjacent to the Dehcho Region. 10 TRANSITIONAL PROVISIONS 10.1 10.2 10.3 10.4 Prior to March 31, 2014, the parties will approach Canada to review the Dehcho Interim Measures Agreement (hereinafter the to identify which provisions will become the responsibility of the (3 NWT as a result of devolution. Prior to the coming into force of the Dehcho Land Use Plan which is prior to the effective date of a Dehcho Agreement, the parties will approach Canada to review the Dehcho MA with a view to ensuring its provisions are relevant and appropriate following the coming into force of a Dehcho Land Use Plan. Prior to the approval of the Dehcho AIP, the parties will approach Canada to review the existing interim land withdrawals in the Dehcho Settlement Area with a view to ensuring the interim land withdrawals will continue to meet the needs of the parties during negotiations leading to a Dehcho Agreement following the approval of the Dehcho AIP. Prior to the approval of the Dehcho AIP, the parties will approach Canada to review the Dehcho Framework Agreement with a view to ensure it continues to meet the needs of the parties during negotiations leading to a Dehcho Agreement following the approval of the Dehcho AIP. 11 General 11.1This Bilateral Agreement does not constitute a binding contract between the Parties. 11.2 This Bilateral Agreement may be reviewed and amended by the Parties. 11.3 Signed at on This Bilateral Agreement shall guide the parties at Dehcho Process negotiations and at the Dehcho Land Use Planning Committee until the effective date of a Dehcho Agreement or until there is a decision to terminate Dehcho Process negotiations by any party to those negotiations, whichever occurs ?rst. . 2014. -.- -rrb 9.4 9.5 9.6 9.7 The Dehcho Agreement may provide for additional roles or responsibilities for the DCRMA. The Dehcho Agreement will con?rm that governments may delegate additional responsibilities to the DCRMA in accordance with theirjurisdiction. The DCRMA may provide advice to government on any resource management matter within the Dehcho Region on its own authority. The DCRMA will coordinate, to the extent practical, its activities and functions with governments and other authorities with responsibilities in or adjacent to the Dehcho Region. 10 TRANSITIONAL PROVISIONS 10.1 10.2 10.3 10.4 Prior to March 31, 2014, the parties will approach Canada to review the Dehcho Interim Measures Agreement (hereinafter the to identify which provisions will become the responsibility of the GNWT as a result of devolution. Prior to the coming into force of the Dehcho Land Use Plan which is prior to the effective date of a Dehcho Agreement, the parties will approach Canada to review the Dehcho IMA with a view to ensuring its provisions are relevant and appropriate following the coming into force of a Dehcho Land Use Plan. Prior to the approval of the Dehcho the parties will approach Canada to review the existing interim land withdrawals in the Dehcho Settlement Area with a view to ensuring the interim land withdrawals will continue to meet the needs of the parties during negotiations leading to a Dehcho Agreement following the approval of the Dehcho AIP. Prior to the approval of the Dehcho AIP, the parties will approach Canada to review the Dehcho Framework Agreement with a view to ensure it continues to meet the needs of the parties during negotiations leading to a Dehcho Agreement following the approval of the Dehcho AIP. 11 General 11.1 This Bilateral Agreement does not constitute a binding contract between the Parties. 11.2This Bilateral Agreement may be reviewed and amended by the Parties. 11.3 Signed at on This Bilateral Agreement shall guide the parties at Dehcho Process negotiations and at the Dehcho Land Use Planning Committee until the effective date of a Dehcho Agreement or until there is a decision to terminate Dehcho Process negotiations by any party to those negotiations, whichever occurs ?rst. . 2014. -0. FOR THE DEHEHO FIRST NATIONS Herb Norwegian Witness Grand Chief FOR THE GOVERNMENT OF THE NORTHWEST TERRITORIES Hon. Robert R. McLeod Witness Premier .- m-m - .- W?o?o a