The Nass Area Strategy

Presented to Wilp Siayuukhl Nisgaa January 2009

Under the Nisgaa Final Agreement, the Nisgaa Nation has substantial Treaty rights throughout the Nass Area.

 

The Nass Area covers almost 27,000 square kilometers. About 8% of this area is Nisgaa Lands which roughly correspond to what people think of as the Nass Valley from Nass Camp to the coast. The Nation owns and has control over development on Nisgaa Lands. The Nation also has comprehensive rights relating to consultation and environmental assessment over proposed developments in the rest of the Nass Area.

 

These rights will vary by project but will always include the Treaty rights set out in the Environmental Protection and Assessment Chapter of the Nisgaa Final Agreement (Chapter 10) which are triggered any time a potential project may reasonably be expected to have adverse environmental effects on residents of Nisgaa Lands, Nisgaa Lands or Nisgaa Treaty interests.

 

In the Fall of 2008, the Nisgaa Lisims Government Executive mandated NLG senior management to create a strategy for responding to proposed resource development within the Nass Area. The objective of the strategy is to ensure that proposed developments in the Nass Area will proceed only when all Nisgaa Treaty rights under the Nisgaa Final Agreement have been complied with, including those Treaty rights dealing with economic, social, cultural and environmental interests. The Nation will rely on these Treaty provisions to ensure that Nisgaa Treaty interests are protected.

 

The Nass Area Strategy is a set of principles and a process to be undertaken by Nisgaa Lisims Government management and, where necessary, its Officers and Executive to ensure Nisgaa Treaty rights are complied with.

 

The strategy, which is being directed by the NLG Executive, will be implemented to ensure that the environmental rights explicitly guaranteed by the Nisgaa Final Agreement are strictly enforced and that and that our traditional uses of the land, our traditional and modern harvesting practices, our land ownership and our land use plans are respected and adhered to.

 

A basic principle of the strategy is that only environmentally sound resource development projects that are consistent with Nisgaa Treaty rights will proceed. When and only when these elements are satisfied will the Nation explore the opportunity for Nisgaa economic development. These opportunities will vary by project but may include:

  • Equity Ownership

  • Revenue Sharing

  • Royalties

  • Contracting Opportunities

  • Direct Employment

  • Joint Venturing Opportunities

Under no circumstances will the Nation accept a trade off between environmental protection and economic benefits.