First Working Draft Dehcho Land Use Plan Comments from the Department of Indian Affairs and Northern Development – March 2005

Scope of Review 3 primary components: 1.0Legislative Conformity and Crown Obligations 2.0Integration of Plans with Existing Policies, Programs, Strategies and Processes 3.0Pofessional Land Use Planning Principles and Practices

Outline of DIANDs Comments Executive Summary Background and Scope of Review Section 1.0 – Legislative Conformity & Crown Obligations Section 2.0 – Integration of Plan with Existing Policies, Programs, Strategies & Processes Section 3.0 – Professional Land Use Planning Principles & Practises Section 4.0 – Editorial Comments & Questions

How the Review was Conducted DCLUPC submitted First Draft Plan [the Plan] to DIAND on Feb 18 th, Cross-Directorate Working Group formed, representing 9 Directorates in NWT Region & 7 in Headquarters [Ottawa].

Overview of DIANDs Key Findings Strong 1 st Draft Plan. The Committee should be commended for its elegant model [Figure 1], a unique & significant contribution to comprehensive & integrated northern land use planning. Requires further discussion and work in some areas leading to Revised Draft Plan.

1.0 Legislative Conformity and Crown Obligations 1.0 Legislative Conformity and Crown Obligations Consistency with Existing Legislation & Crown Obligations: –Strengthen recognition & reference the IRDA & the IMA. –More emphasis on Plan approval process and status for implementation without Final Agreement.

1.0 Legislative Conformity and Crown Obligations………. Existing Regulatory Framework –Clarify Terms in Table 7 which might conflict or duplicate existing legislation and roles of RAs. –Clarify the pacing-of-development concept based on the Econ. Dev. Strategy [EDS].

2.0 Integration with Existing Policies, Programs and Strategies Cumulative Effects –Strengthen linkages to CEAM Strategy and Framework. Sustainable Development –Strengthen Dehcho Baseline information. –Add mechanism/criteria to help gauge success of Plan in striving for sustainable communities & sustainable development.

2.0 Integration with Existing Policies, Programs and Strategies…. Conservation Zones [CZs] / NWT Protected Areas Strategy –Further clarify Plan/PAS interrelationships. –Address access issue into the SMZs & GUZs which cross the CZs - in terms of protection and dev. values –Further evaluate zoning in some areas.

2.0 Integration with Existing Policies, Programs and Strategies…. Trans-Boundary Land Uses/ Mackenzie Gas Project & Pipeline –Address trans-boundary land uses, including the proposed Mackenzie Gas pipeline. –Designate a Special Infrastructure Corridor for the proposed pipeline within the CZs & include more detail in definition & on related terms & conditions.

3.0 Professional Land Use Planning Principles and Practices Land Use Designations & the Zoning System –More fully describe the economic implications of Plan by running it through the EDA Model. –Clarify designation and scope of CZs [not withdrawn] – really temporary, OR permanent? –Clarify faster regarding interim-protection during non-renewable resource assessment [NRA] work. –Explain role of Committee during implementation re Canada Mining Regs. amendments – similar to Gwichin Land Use Planning Board?

3.0 Professional Land Use Planning Principles and Practices….. Land Use Designations & the Zoning System… –Consider permitting oil and gas activities in specific SMZs. –Stress that NRA work, via the PAS process, for the Pehdzeh Ki Deh & Sambaa Ke/Redknife River Areas of Interest, & MERA [Nahanni NPR] will be part of boundary decisions & changes to CZ designations during 5-year Plan Review.

3.0 Professional Land Use Planning Principles and Practices….. Access Implications –Address the implications to oil & gas and mining industries from access restrictions on CZs & all- weather roads across SMZs, to islands of GUZs for their seismic, exploration and development work. –Relatively large amount of land zoned for CZs & SMZs could impact future income generation from resource royalties which may be needed to pay for a Dehcho Government post Final Agreement.

3.0 Professional Land Use Planning Principles and Practices….. Mineral Information –Expand the definition of Mining to include Coal Exploration & Dredging – both have their own Regulations. Oil & Gas Information –In Table 6, only 21% of the zones [4 of the 19 rated for oil & gas ] allow for this land use compared to mining at 26% & forestry at 33%.

3.0 Professional Land Use Planning Principles and Practices….. Oil & Gas Information…. –Maps related to oil and gas & existing activities require refinement. –EDA Model section – figure of only 16 wells very modest; may not support sustained employment & business dev.

3.0 Professional Land Use Planning Principles and Practices….. Overall Plan Scope & Format –Write the Revised Draft Plan as if it were the final Plan. –Consider showing revisions in the Revised Draft Plan & footnoting these to the submitted comments. –Add IMA & IRDA to Appendices. –Consider locating portions of EDA Model section right on Maps 5, 6, & 7 [oil & gas, mining, & forestry]. –Consider extracting & consolidating key policies from Working Draft Policy Recommendations into a new Vision section further up front & the EDS section into a new chapter on Implementation, Mon. & Review.

3.0 Professional Land Use Planning Principles and Practices….. Plan Implementation, Monitoring & Review –Add chapter on plan implementation, monitoring and review. –Include references to the IMA reqs. [App II, Articles 24. on conformity and 25. on post Final Agreement revisions to Plan], & describe how approved Plan will revise & replace the current land withdrawals.

3.0 Professional Land Use Planning Principles and Practices… Plan Implementation, Monitoring & Review… –Address Committees protocols [steps, terms & rules] for granting: Exceptions to the Plan; and Amendments to the Plan. –How Comprehensive Reviews of the Plan would be carried out [usually every 5 years].

Conclusion Staff of the Dept. would be pleased to meet with the Committee on any of the detailed comments provided.