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HomeMy WebLinkAboutNisk'a Assignment (Jun 18, 2024) Condensed - Open House Tsuut’ina Nation Nisk’a Assignment Policies and Procedures "Land was to be shared by all and from this flowed the fundamental law to respect all things and everybody around.” – Tom Heavenfire (The True Spirit and Original Intent of Treaty 7, 1996) PP.NA.2403 As per our 11 Land & Environment Principles: “Tsuut’ina Nation lands are for the use and benefit of all Tsuut’ina Citizens. Tsuut’ina Nation Citizens have a collective responsibility to retain the quality of land, air, water, and biodiversity, and to manage this natural capital in a way that conserves all of its values, be the environment, economic, social, or cultural for the present and Wusa (future) generations. Tsuut’ina lands are Assigned for Citizens to occupy and use pursuant to the customs and traditions of the Nation.” Nisk’a Assignment PP.NA.2403 May 23, 2024 © Tsuut’ina Nation General Title 1. The title of this document is the Tsuut’ina Nation Nisk’a Assignment Policy, as ratified by the Tsuut’ina Nation through the Legislative Process Act. 1. The Tsuut’ina Nation Nisk’a Assignment Policy will be referred to as “This Policy” throughout this document. Statement of Principle 2. Tsuut'ina Nation has the inherent right to self-determination since time immemorial. As a sovereign Nation, we have the autonomy to determine our Wusa (future) through our principles that are transparent, through equality and honesty to all peoples. This Policy will preserve our connection to our Tsuut'ina Nation Nisk’a (lands inclusive to all natural resources & elements), Gunaha ūwā Náhīnāníshá Ōghà Náhīníhīnáʔō-hī (language and culture) as foretold to protect future generations. 3. Historically, the Tsuut’ina Nation Head Chief and Minor Chiefs have assigned Tsuut'ina Nation Nisk’a now, then, and will continue to do so Wusa. Purpose, Scope, and Application 4. The purpose of this Policy is to provide an internal process for Tsuut'ina Nation Nisk’a use and the administration of Nisk’a Assignments to Tsuut’ina Nation Citizens on Common Non- Designated Nisk’a. 5. This Policy will apply to all Tsuut’ina’s Nation Citizens with a historic or current Assignment of Tsuut'ina Nation Nisk’a management and for the protection of the Wusa. 6. Tsuut’ina Nation Legislation will be applicable to this document, such as but not limited to: (a) Accountability Code; (b) Animal Control Bylaw; (c) Citizenship Code; (d) Housing Policies; (e) Permit Regulations; (f) Residency Law; (g) Trespass Law; and (h) Other applicable documents ratified through the Tsuut’ina Legislative Process Act. PP.NA.2403 Nisk’a Assignment © Tsuut’ina Nation May 23, 2024 Parties Involved 7. The following parties are involved in this Policy: (a) Tsuut'ina Nation Head Chief and Minor Chiefs; (b) Land Advisory Committee; (c) Tsuut’ina Nation; (d) Lands Administration Portfolio; and (e) Assigned Tsuut'ina Nation Nisk’a Holder. Ratification Process 8. This Policy must be ratified through the Tsuut’ina Nation Legislative Process Act. Governing Authority 9. The Tsuut'ina Nation Head Chief and Minor Chiefs have full governing authority for This Policy. 10. At the time of a Duly Convened Meeting of the Tsuut'ina Nation Head Chief and Minor Chiefs, a full quorum of voting members Must be met in order for BCR/Leadership made a decision (translation to be provided later) to be passed. 11. The Land Advisory Committee from time to time may review Tsuut'ina Nation Nisk’a applications, transfers, or disputes, however, their function is only to provide recommendation(s) to the Tsuut’ina Nation Head Chief and Minor Chiefs. Nisk’a Assignment PP.NA.2403 May 23, 2024 © Tsuut’ina Nation Nisk’a Assignment Eligibility 12. A Tsuut’ina Nation Citizen with no Tsuut'ina Nation Nisk’a Assignment may request and be eligible for a Nisk’a Assignment based on criteria and/or Tsuut'ina Nation Nisk’a availability. 13. In the event of the passing of a family member that has an assigned Tsuut'ina Nation Nisk’a Assignment, the transfer of Nisk’a will be applicable through this policy. 14. Any Tsuut’ina Nation Citizen applying for a Tsuut'ina Nation Nisk’a Assignment must meet all of the following requirements: (a) Must be a Tsuut’ina Nation Citizen; (b) Must be in Good Standing with the Tsuut’ina Nation; and (c) Must be twenty-five (25) years of age. 15. If under twenty-five (25) years of age, Tsuut'ina Nation Head Chief and Minor Chief may, at their discretion, appoint a responsible family member to hold in trust Tsuut'ina Nation Nisk’a for this individual. 16. When a Tsuut’ina Nation Citizen is applying for Tsuut'ina Nation Nisk’a, a maximum number of acres may be considered as per the use and the availability of Nisk’a. 17. Tsuut'ina Nation Nisk’a Assigned to Tsuut’ina Nation Citizens who have the proven means to farm, ranch, and raise animals Must present the following when applying/updating and are subject to the following: (a) a Land Use Plan/Business Plan for consideration (environment, Nisk’a Use, acreage amount); (b) a permit to be issued as per the Tsuut'ina Nation Business Nisk’a use Permit or Agricultural Lease/Permit Policies; and (c) if Nisk’a has been passed down to immediate family members through generational transfers. 18. Tsuut’ina Nation Citizens who are eligible can apply for a Nisk’a Assignment for new homes. 19. The Tsuut’ina Nation Head Chief and Minor Chiefs Must approve generational Nisk’a Assignment transfers through written documentation or requests for transfer that also includes an updated Tsuut’ina Nation GIS department map, as provided by the GIS/Mapping Manager. PP.NA.2403 Nisk’a Assignment © Tsuut’ina Nation May 23, 2024 Responsibilities of the Nisk’a Assignee 20. The Tsuut’ina Nation Citizens who are assigned Nisk’a have accepted responsibility for Nisk’a stewardship duties regarding the following collective interests: (a) prepare a Land Use Plan for future generational use which must be documented and recorded through the LERD Land Manager and Lands Clerk; (b) adhere to the Tsuut’ina 11 Land & Environment Principles; (c) adhere to all laws and policies applicable to Tsuut’ina Nation Nisk’a; (d) adhere to all applicable leasing and permit processes; and (e) ensure that the use and enjoyment of Nisk’a does not impact the safety, access, or use of other Tsuut’ina Nation Citizens. 21. Tsuut'ina Nation Head Chief and Minor Chiefs have the authority to determine Nisk’a Assignments when required to protect the Nisk’a and environment for the benefit and collective interest of the Tsuut’ina Nation. Nisk’a Assignment PP.NA.2403 May 23, 2024 © Tsuut’ina Nation Nisk’a Assignment Agreement Process Nisk’a Assignment Agreement Registration 22. All correspondence for Nisk’a Assignment Agreements is held in the Tsuut’ina Nation Lands Department records. 23. Records of Nisk’a Assignment Agreements are administered and managed through the Lands Administration Portfolio. 24. All Nisk’a Assignment Agreement Assignees shall register Nisk’a assignments through a signed form submission to the Lands Department for official Nisk’a Assignment registration. 25. Official Nisk’a Assignment is identified through a BCR/Leadership made a decision (translation to be provided later) and must include a Legal Land Description. 26. Nisk’a Assignment Agreements may be subject to review every five (5) years to ensure compliance with this Policy. Nisk’a Approval Process 27. The Tsuut'ina Nation Head Chief and Minor Chiefs are the final approval authority for Nisk’a Assignments. 28. A historical document review of the current or past Nisk’a status and Nisk’a Assignment Agreements may be required from the Lands Department and the Nisk’a Advisory Committee, where recommendations are provided to the Head Chief and Minor Chiefs. 29. The Nisk’a Assignment Agreements must include a Legal Land Description and boundaries identified for Approval Document processing and records. 30. Nisk’a Assignment Agreements cannot be transferred to another Tsuut’ina Nation Citizen without the Tsuut’ina Nation Head Chief and Minor Chiefs approval. 31. A Nisk’a Assignment Agreement Shall include the following: (a) date of submission; (b) amount of Nisk’a; (c) use of Nisk’a; (d) location of Nisk’a as per the Legal Land Description; (e) monies involved, if applicable; and (f) a signed acknowledgement form including exemptions. PP.NA.2403 Nisk’a Assignment © Tsuut’ina Nation May 23, 2024 Revocation/Relinquishment Revocation and Nisk’a 32. Tsuut'ina Nation Head Chief and Minor Chiefs have the authority to Revoke a Nisk’a Assignment. 33. Revocation of a Nisk’a Assignment May revert back to the Tsuut’ina Nation Common Nisk’a per the following criterion, including but not limited to: (a) willful environmental damage; (b) no family succession; (c) criminal convictions as outlined in sections in the Tsuut'ina Nation Residency Law; (d) through dispute resolution process; and (e) non-Compliance with Tsuut’ina Nation legislation and policies as per; (i) Matrimonial Law, sections 9 (a) through 9 (g); (ii) Accountability Code; (iii) Animal Control Bylaw; (iv) Citizenship Code; (v) Housing Policies; (vi) Permit Regulations; (vii) Residency Law; (viii) Trespass Law; and (ix) Other applicable documents ratified through the Tsuut’ina Legislative Process Act. 34. A minimum of twenty-one (21) days’ notice will be given to the Nisk’a Assignee from Tsuut'ina Nation Head Chief and Minor Chiefs revocation decision. 35. Relinquishment by request. Nisk’a Assignment PP.NA.2403 May 23, 2024 © Tsuut’ina Nation Amendments 36. This Policy Shall be amended through the Tsuut'ina Nation Legislative Process Act. 37. This Policy Shall be amended by the Land Advisory Committee as necessary in accordance with the Terms of Reference.