Transcript St’at’imc Settlement Agreement

St’át’imc – BC Hydro Agreement
Review and Update: January 2012
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EXECUTIVE SUMMARY
On May 10, 2011, St’at’imc, BC Hydro, and the Province of British Columbia signed a
landmark agreement to address grievances related to the construction and operation of
existing BC Hydro facilities. In addition to financial benefits, the agreement provides for:
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Long-term environmental mitigation plans to help restore land, water, fish, wildlife
and vegetation;
A heritage and culture plan to preserve, protect, and promote St’át’imc culture;
A relations agreement to assist in developing a long-term sustainable relationship
between the St’át’imc and BC Hydro; and,
An education and training component to build capacity within the Communities.
The agreement also provides BC Hydro and the Province of B.C. with operational
certainty for BC Hydro’s existing facilities into the future.
All past, present and future impacts, grievances and claims of the St’át’imc in
the Territory related to the planning, placement, construction and ongoing
operation of existing BC Hydro Facilities.
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A.
Settlement
Structure
Agreements with BCH and the Province:
1. Settlement Agreements (territory)
o
o
o
St’át’imc Participating Communities SA(10)
Lil’wat Settlement Agreement
Each with 2 Agreements that are Schedules:
Certainty Provisions Agreement and Relations
Agreement
2. Community Agreement (on-reserve)
o
Each Community has one Agreement with
Schedules that include: Transmission,
Distribution & Road Permits, and Flowage
Agreement, CP Agreements
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Settlement Structure
(cont’d)
B. Internal Agreements Amongst the
Communities and the SCC:
1. Two Implementation Agreements
-
All 11 Communities and the SCC to address
implementation of Certainty Agreement and
Relations Agreement
10 Participating Communities to address
implementation of St’át’imc (PC) Agreement and
Trust matters
2. St’át’imc (PC)Trust Agreement
- Creates a trust that will receive, invest and distribute all
payments made under the St’át’imc (PC) Agreement
to the 10 Participating Communities and the SCC.
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Settlement Agreements
Which BC Hydro Facilities?
All facilities in St’át’imc Territory used or held for use,
in connection with the Electricity Business, by BC
Hydro at the time of signing the Settlement
Agreements including:
o Generation
o Distribution
o Recreation
- Transmission
- Communication
- Other Facilities
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St’át’imc (PC) Settlement Agreement:
Parties
BC Hydro, the Province, and St’át’imc Chiefs
Council and St’át’imc Participating Communities
(PC)
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N’Quatqua
Sekw’elw’as
T’it’q’et
Ts’kw’aylaxw
Xa’xtsa
- Samahquam
- Skatin
- Tsal’alh
- Xaxli’p
- Xwisten
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St’át’imc (PC) Settlement Agreement:
Financial Consideration
•
•
One time upfront Nation Payment (which
is subject to the Internal Sharing Formula
amongst the 10 St’át’imc Participating
Communities)
Annual Nation Payments for Programs to
be delivered by the SCC:
a. Environment & Natural Resource
b. Heritage & Culture
c. Education & Training
d. Administration Fund
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St’át’imc (PC) Settlement Agreement:
Financial Consideration
• Annual Nation Payments (which are subject
to the Internal Sharing Formula amongst the
10 St’át’imc Participating Communities and
the S.A.)
• New Transmission Line Payments (upfront to
3 Communities who will be granting new
ROW across Reserves; and lump sum
payment to St’át’imc (PC) when NTL
proceeds)
• NOTE: All of these payments under the
St’át’imc (PC) Settlement are made to the
St’át’imc (PC) Trust
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St’át’imc (PC) Settlement
Flow-though to the 10 Communities
• As part of the resolution of Territorial
impacts, BCH agreed upon an overall
compensation amount and the
Communities agreed upon the sharing of
such compensation;
• The irrevokable sharing formula that was
negotiated amongst the Communities at
the SCC level provides for the following
sharing of the compensation paid for the
impacts of BC Hydro Facilities:
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St’át’imc (PC) Settlement
Flow-though to the 10 Communities
•
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Tsalalh
Sekw’elw’as
T’it’q’it
Xwisten
Xaxli’p
Ts’kw’aylaxw
Nquatqua
Samahquam
Skatin
Xa’xtsa
21%
13%
13%
13%
10%
9%
6%
5%
5%
5%
Trust 40%
Allocation 60%
S.A. 17% of 60%
Flow-through 83%
of 60%
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St’át’imc PC Settlement Agreement:
Operational Changes
• Generation Operating Regime for Bridge
Seton System will include the “St’át’imc
Conditions” for
o
o
o
o
Seton Sockeye Smolt Protection
Seton Lake Levels
Adult Fish Passage
Lower Bridge River Flows
• St’át’imc Conditions are part of the Bridge
River Power Development Water Use Plan
• BC Hydro and St’át’imc will work together to
implement the Water Use Plan and to
develop a Watershed Strategic Plan.
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St’át’imc (PC) Settlement Agreement:
Southern Communities Grid Connection
The southern communities of Samahquam, Skatin
and Xa’xtsa are connected to BC Hydro’s
transmission system through the construction of two
substations and distribution lines to their reserve
communities.
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St’át’imc (PC) Settlement Agreement:
Relocation of 60L20 Transmission Line
Parts of the 60L20 Transmission Line will be relocated
away from archaeological and cultural sites
affecting Xaxli’p and Xwisten.
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Certainty Provisions
Agreement
• The Parties to this Agreement are: the Province, BC
Hydro, the SCC & all 11 St'át'imc Communities;
• Contains seamless releases from all of the
Communities and their members for the past,
present and future impacts caused by BC Hydro’s
Facilities in all of the territory claimed by the
St’át’imc;
• Provides certainty for all parties regarding BC
Hydro’s continued operation and maintenance of
the Facilities;
• Provides for releases, representations and
warranties by all Communities and the SCC.
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Relations Agreement
The Parties to this Agreement are BC Hydro,
the SCC & all 11 St’át’imc Communities
Goal is to build a respectful, effective and
evolving relationship through the following:
o Relations Managers
o General Information Sharing
o Procedures for Emergencies & Unplanned or
Unforeseen Events
o Annual Operations Updates
o Business Contracting through Direct Awards &
Other Opportunities
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Relations Agreement
Continued
o
o
o
o
o
o
o
Employment, Education & Training Plan
Implementation Steering Committee
Protection of Cultural Heritage
Long Term Planning
Bridge Watershed Strategic Plan
Environmental Management & Protection
Processes for New Facilities, New Transmission Line, Removal or Closure of
Facilities and Surplus Lands
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Community Agreements
• Each Community has their own Community
Agreement to resolve all on-reserve disputes,
grievances and claims related to transmission and
distribution works and road access on reserve(s).
• All of these Agreements provide full and final
releases of all claims which the Community has
against BC Hydro for their Existing Facilities on their
reserves, including BC Hydro’s continued
operations.
• While some Community Agreements are paid
upfront, others have up to 25 year payment
schedules.
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Community Agreements
• Scheduled to each Community Agreement
are replacement permits for
o
o
o
o
Distribution and Road Access Permits (s.28)
Transmission Line Easement (s. 35)
Flowage Easement (Tsal’alh and T’it’q’et only)
CP Agreements related to Transmission line Easements (Tsal’alh, Xaxlip
and T’it’q’et only)
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•
Ratification
Agreement
All of the settlement documents with BC
Hydro and the Province were subject to
approval by St’át’imc Community Members
through a ratification and voting process set
out in this Agreement.
• Results of the vote -
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Two Implementation Agreements
• One St’át’imc Implementation Agreement
will be amongst all 11 Communities and will
govern the implementation of the Relations
Agreement and the Certainty Provisions. It
will also provide mutual releases (Lil’wat
release against Trust; 10 Communities
release against Lil’wat upfront payment).
• A second St’át’imc (PC) Implementation
Agreement amongst the 10 Communities
will govern the implementation of the
St’át’imc (PC) Settlement Agreement and
provide direction on matters related to the
Trust
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St’át’imc (PC) 2011 Trust
• The Participating Communities created a Trust for
the purposes of receiving, investing and
administering all of the payments (Legacy Funds)
made under the St’át’imc (PC) Settlement
Agreement.
• The Trust will receive on behalf of the Participating
Communities the upfront and annual nation
payments, the annual program payments and the
New Transmission Line Payments
• The Beneficiaries under the trust are the 10
Participating Communities and the SCC.
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St’át’imc (PC) 2011 Trust
• The Participating Communities receive
monies from the Trust in proportion to the
sharing formula discussed earlier and must
use these monies for purposes that benefit
the Communities. No per capita payments
are allowed.
• The SCC receives monies from the Trust
based on submitted budgets which are
approved by the SCC and are for either the
Programs and any other purposes approved
by the SCC that benefit the Communities.
No per capita payments are allowed.
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St’át’imc (PC) 2011 Trust
• Each Community has appointed a Trustee to
govern the Trust who cannot be a chief or
councillor.
• An Administrative Trustee has been appointed to
assist and oversee the management and
distribution of trust funds.
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St’át’imc (PC) 2011 Trust
• The Trustees, after consultation with the SCC
and the Administrative Trustee will choose
Investment Manager(s) who will be
responsible for investing these monies over
the short and long term.
• As part of the St’át’imc (PC) Settlement
Agreement the Participating Communities
have agreed that as a minimum in 5 years
there will be $15 Million left in the Trust which
will stay there and be invested until the end
of the Trust.
• A Trust must be in place until the Facilities
are closed or 99 years.
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Proposed Settlement
Schedule
Present Anticipated Settlement Schedule
• December 17 2010 Sign the Ratification Agreement
and initial all the final draft Agreements, including
the Trust and Implementation Agreements.
• November 2010 Submit Draft Water Use Plan and
signed off March 2011
• April 11 2011Ratification
• May 10 2011: All Parties sign the Agreements
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Post agreement transition
to Implementation
• SNH office closure
• St’át’imc Government Services Incorporation
(SGS)January 5th 2012
• Trust Indenture finalized November 2011
• Administrative Trustee appointed
• Trustees appointed for all communities
• Implementation Manager hired October 31st, 2011
• Relations Manager hired October 31st, 2011
• Shared Work plans outlined by staff and
technicians- to be presented April 2012
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SHARED PLANNING for
Implementation
SCC
Governance Manual
SCC Vision
Code of Conduct
Structure – Roles and Responsibilities
Accountability Framework
Decision Making Standards and Process
Reporting Standards
January – February - March
December, 2011
December, 2011
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Constitution Development
Community
Nation
Capacity Development
Inter-Community Protocols
Consent/Community Engagement Standards
April, 2012 – working draft
April - July
April, 2012
May 2012
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Heritage Code/Law
Linkages to Referral Process
Financial Code
Land Use and Occupancy Study
Watershed Strategic Plan
Principles Meeting
April, 2012
April, 2012
May, 2014
May, 2012
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SGS
Policy
Preliminary Budget
Implementation Plan
Work Plan
Work Plan and Budget adoption
TOR’s new positions
December, 2011
January - March, 2012
February, 2012
January – March
April, 2012
February 2012
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Trust
Legacy Fund Allocation Process
Investment Policy and Engagement
Reporting Requirements
One Time Distribution
Distribution Approvals for 2012
December, 2011
February, 2012
February, 2012
February, 2012
April, 2012
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Regional
Service Delivery
Needs Identification:
Healthy Communities Pillar
Education and Training
Economic Development
Contracts
Steering Committee Networking
Capital Improvements
Communication
March, 2012
April, 2012
April, 2012
February, 2012
March, 2012
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Community
Contacts
Committees
Land Us e Advisory Committee
Land Transfers and Tenures
Communication
Community Visits
December 8, 2011
February – March, 2012
December - March
February - March
January – March
Steering Committee
Orientation
Education and Training Strategy
Obligations List
February 1, 2012
April, 2012
January 21, 2012
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Implementation Team
Joint Plan
Evaluation Framework
Education and Training Plan Development
Operational Plan Presentation
Opportunities Development
WUP Projects
Direct Awards
Long Term Capital
Communications
BCH needs
Joint opportunities
Community Engagement
February 1, 2012
December - April
December - March
December - March
December - March
March 2012
December - January
January - April
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Continued
• Communications Joint
Venture proposed for
St’át’imc & Coppermoon
2011
• Website development
• Branding completed for SGS
• Meeting with St’át’imc Local
Government
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Staff of SGS
• Director of Operations
– Rod Louie
• Implementation
Manager – Ernest
Armann
• Relations Manager –
Darryl Peters
• Administrative Assistant
– Margaret Michell
• Human Resources –
Gilda Davis
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St’át’imc BCH Settlement
• Questions?
•
Confirmation for the community contact letter from C&C?
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Is the address list current with CM/SGS?
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What is the communication infrastructure?
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What is the community Protocol?
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Communication Protocol?
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Public Use Management Areas agreement current?
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General contracts/Direct awards?
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Stewardship Responsibility Areas identified?
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Relations Agreement– integration of responsibilities, Reciprocal Responsibilities
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Ed. & Training notice & help with coordination with community contact
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Schedules of the community agreement
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Procedures for Emergencies with BCH?
•
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