SETTLEMENT FRAMEWORK RELATED TO THE TRANSFER OF LANDS BETWEEN MISTISSINI AND OUJÉ-BOUGOUMOU
(1) The parties hereto agree to define a specific process and schedule which will result in the allocation of Category IA, IB and II lands (as defined in the James Bay and Northern Québec Agreement, or JBNQA) to the community of Oujé-Bougoumou, involving a retrocession of equivalent quanta of lands from the community of Mistissini. Consequently, the parties agree that a schedule and time frame will be developed in respect to the conclusion of a Complementary Agreement to the JBNQA which will have as its object the creation of Oujé-Bougoumou as the ninth Cree Band. The parties further agree to the definitive settlement, as set out in the present Agreement, of the issues contained in the 1989 MOU concerning Mistissini as well as in the 1989 and 1994 Agreements with Oujé-Bougoumou.
(2) It is agreed that it is now appropriate to sever from the Mistissini Category I and Category II lands those lands originally allocated on the basis of the Oujé-Bougoumou Cree population then registered as members of the Mistassini Band as of November 11th, 1975.
(3) The descriptions of Category I and Category II lands of the community of Mistissini shall be modified to respect the allocations of Category I and Category II lands of Mistissini and Oujé-Bougoumou on the basis of their respective populations at the time of the signing of the JBNQA and to permit the establishment of Category I and Category II lands for the community of Oujé-Bougoumou.
(4) The Category I and Category II lands of Mistissini to be reallocated to Oujé-Bougoumou comprise the following areas : one hundred (100) km2 of Category IA lands, sixty-seven (67) km2 of Category IB lands, and two thousand one hundred and forty-five (2,145) km2 of Category II lands.
These areas respecting Mistissini lands, including areas for possible adjustments, are depicted generally on the Map I attached hereto.
(5) Québec and Oujé-Bougoumou agree that the Map II attached hereto reflects the proposed boundaries for Category IA, IB and II lands for Oujé-Bougoumou, subject to modifications reflecting the exclusion from Category I lands of: transmission lines, 1-km corridors on each side of these transmission lines, and Road L-209 with its right of way (for an approximate width of forty-five (45) meters). The transmission lines and their right of way will also be excluded from Category II lands, all of these exclusions from Category I and II lands being in Category III lands.
(6) The parties agree that all subtractions and allocations of Category I and Category II lands will take place in conformity with the applicable laws and within the process accepted and used by the parties for the original allocation of Category I and Category II lands.
To this end, the parties agree that the provisions of Part IX of the Cree-Naskapi (of Québec) Act apply to Mistissini Category IA lands. The parties also agree that modifications to Categories and statuses of the lands are not subject to the environmental and social impact assessment process.
(7) From the date of the signature of this Agreement until the final transfer of Category IA and IB lands and the allocation of Category II lands to Oujé-Bougoumou, Québec undertakes to apply protection measures to these lands similar to those of the other Cree communities, insofar as the application of such measures does not exceed March 31st, 2005.
(8) Prior to the survey of Category I lands for Mistissini and Oujé-Bougoumou, plans specifying survey work to be undertaken must be approved by these communities.
(9) Québec will not ask from Oujé-Bougoumou and Mistissini the payment of surveying fees for Category I lands, or the expenses related to the allocation of Category IIlands.
(10) Québec hereby agrees that the two hundred (200) ft. corridor along the shores of the lakes and rivers adjacent to Category I lands of Mistissini which is currently retained by Québec will be eliminated upon execution of the Final Agreement. It is specifically agreed that the revised territorial descriptions of all Category I lands for Mistissini shall not include the two hundred (200) ft. corridors situated between the high-water mark of major waterbodies and the limits of Category I lands presently included in the territorial description for Mistissini Category I lands, and that the resulting addition of approximately thirty-three (33) km2 representing the area covered by the two hundred (200) ft. corridors shall be subtracted elsewhere if necessary to ensure the correct allocation of Category I lands to the Mistissini community. The approximate thirty-three (33) km2 of Category II lands comprising the corridors to be eliminated shall be added to the Category II lands of Mistissini if necessary.
(11) Québec further agrees hereby that the two hundred (200) ft. corridor will not apply on the lands of the community of Oujé-Bougoumou which are contemplated herein.
(12) Mistissini and Oujé-Bougoumou agree that there will be access to the shore lands surrounding Category I lands for safety and security purposes.
III FINANCIAL PROVISIONS
(13) A total sum of $40 million has, in accordance with past discussions, been earmarked by Québec for the definitive settlement of the transfer of lands between Oujé-Bougoumou and Mistissini, including the resolution of the Abel Bosum proceedings in regard to Québec, the MOU of 1989 in favor of Mistissini, and the Oujé-Bougoumou Agreements of 1989 and 1994.
(14) In consideration of the above, Québec shall, in addition to the other provisions of this Agreement, pay the said total amount of $40 million as follows: upon the signing of the Complementary Agreement, a first instalment of $10 million to Mistissini and an instalment of another $10 million to Oujé-Bougoumou. Other additional instalments of $5 million to each community will also be disbursed by Québec in each one of the two (2) Financial Years following the execution of the Complementary Agreement.
(15) It is agreed that the communities of Mistissini and Oujé-Bougoumou shall use their respective share of the total amount of $40 million in accordance with priorities and means they deem appropriate, within the framework of section 13 above.
(16) The amount of $40 million is not meant to replace any existing government program that may be applicable to requests made by Mistissini or Oujé-Bougoumou. The Secrétariat aux affaires autochtones undertakes to assist Mistissini and Oujé-Bougoumou in the identification of existing programs that may answer community needs.
(17) Québec and Mistissini shall establish a process involving the community, the Société de la faune et des parcs du Québec (FAPAQ) and the Société des établissements de plein air du Québec (SÉPAQ) with the objective of setting up a joint corporation responsible for the management and operations of the Lacs-Albanel-Mistassini-et-Waconichi Wildlife sanctuary and its facilities.
(18) Québec and Oujé-Bougoumou shall establish a process involving the community, the Société de la faune et des parcs du Québec (FAPAQ) and the Société des établissements de plein air du Québec (SÉPAQ) with the objective to set up a joint corporation responsible for the management and operations of the Assinica Wildlife sanctuary and its facilities.
(19) Québec undertakes to enter discussions through FAPAQ with Oujé-Bougoumou with the objective of transforming the Assinica Wildlife sanctuary to a Cree Heritage Park, in the context of the Québec park network.
V MISTISSINI HUNTING TERRITORIES BEYOND THE JBNQA TERRITORY
(20) Considering that Mistissini has since the negotiations of the JBNQA and consistently since its signing put forward a claim in respect of the Mistissini hunting territories lying to the east of the height of land, Québec shall, within six (6) months following this Agreement, establish a process with concerned parties for the settlement of this claim.
(21) The ministère des Transports du Québec (MTQ) undertakes to upgrade and pave Highway 167 North from Chibougamau to Mistissini for an estimated global amount of $12 million over the next three (3) Financial Years, as per the following schedule: four million dollars ($4 million) in 2002-03, four million dollars ($4 million) in 2003-04 and four million dollars ($4 million) in 2004-05.
(22) The works to be undertaken in 2002-03 will be under the responsibility of the MTQ, with a view to maximizing community spin-offs, especially in terms of employment.
(23) For the following Financial Years (2003-04, 2004-05), the terms and conditions for the realization of the project will be negotiated with the community, including issues of employment, contracts and procurement.
(24) As far as the Oujé-Bougoumou access road is concerned, the MTQ undertakes in the short term to pursue its efforts to improve safety, among other measures by the application of dust control products. The MTQ will also collaborate with the community to identify and implement a longer-term solution.
VII AMENDMENT TO THE JAMES BAY AND NORTHERN QUÉBEC AGREEMENT
(25) The parties agree to take the appropriate steps to make the necessary amendments to the JBNQA through a Complementary Agreement which will modify the provisions of the JBNQA related to territorial descriptions and those listing Cree communities. The parties undertake to make their best efforts to see that the Final Agreement and the Complementary Agreement be signed simultaneously.
VIII INVOLVEMENT OF THE GOVERNMENT OF CANADA
(26) The parties undertake to make their best efforts to obtain the involvement of the Government of Canada as a signatory to the Complementary Agreement pursuant to this Agreement and the Final Agreement, in as timely a manner as possible.
IX LEGAL PROVISIONS
(27) The provisions related to the status of the Abel Bosum proceedings are set out in chapter 9 of this Agreement.
IN WITNESS WHEREOF, THE PARTIES HAVE SIGNED AT WAKAGANISH ON THIS 7TH DAY OF FEBRUARY 2002
FOR LE GOUVERNEMENT DU QUÉBEC:
Minister of State for Natural Resources and Regions
Minister of Natural Resources
Minister of Regions
Minister responsible for the Development of Northern Québec
Minister of State for Population and Native Affairs,
Minister for Native Affairs
FOR THE CREES PARTIES:
Grand Chief of the Grand Council of the Crees
Chairman of the Cree Regional Authority
SAM R. BOSUM,
Chief of Oujé-Bougoumou
Chief of the Cree Nation of Mistissini
MAP I - DESCRIPTION OF MISTISSINI LANDS
MAP II - MAP OF OUJÉ-BOUGOUMOU LANDS