CHAPTER 21 – CULTURE AND HERITAGE

21.1.0  GENERAL

21.1.1  Maa‑nulth‑aht have the right to practice the Nuu‑chah‑nulth culture and to use the Nuu‑chah‑nulth language in a manner consistent with this Agreement.

21.1.2  For greater certainty, nothing in 21.1.1 creates or implies any financial obligations or service delivery responsibilities on the part of any of the Parties.

21.2.0  LAW-MAKING

21.2.1  Each Maa‑nulth First Nation Government may make laws, applicable on the Maa‑nulth First Nation Lands of the applicable Maa‑nulth First Nation, in respect of:

a. the conservation, protection and management of the Heritage Sites of the applicable Maa‑nulth First Nation;

b. public access to the Heritage Sites of the applicable Maa‑nulth First Nation;

c. the conservation, protection and management of the Maa‑nulth First Nation Artifacts of the applicable Maa‑nulth First Nation;

d. preservation, promotion and development of the Nuu‑chah‑nulth language and Nuu‑chah‑nulth culture; and

e. the cremation or entombment of Maa‑nulth First Nation Archeological Human Remains of the applicable Maa‑nulth First Nation that;

i. are found on Maa‑nulth First Nation Lands and are determined, based on the evidence available, to be of that Maa‑nulth First Nation ancestry; or

ii. are returned to the applicable Maa‑nulth First Nation by Canada, British Columbia or any other person.

21.2.2  For the purposes of 21.2.1d., Nuu‑chah‑nulth culture includes matters relating to Maa‑nulth First Nation history, feasts, ceremonies, naming of individuals, symbols, songs, dances and stories.

21.2.3  For greater certainty, and in accordance with 1.8.11, the Maa‑nulth First Nation Governments do not have the authority to make laws in respect of Intellectual Property or the official languages of Canada.

21.2.4  Maa‑nulth First Nation Law under 21.2.1 prevails to the extent of a Conflict with Federal Law or Provincial Law.

21.3.0  HARVEST OF MONUMENTAL CEDAR AND CYPRESS ON PROVINCIAL CROWN LAND

21.3.1  British Columbia will enter into an agreement with each Maa‑nulth First Nation that will provide that Maa‑nulth First Nation with the ability to harvest Monumental Cedar and Cypress for Cultural Purposes on provincial Crown land within its Maa‑nulth First Nation Area, excluding, subject to 21.3.4 and 21.3.5, Provincial Protected Areas, which will come into effect on the Effective Date.

21.3.2  A Monumental Cedar and Cypress harvest agreement entered into in accordance with 21.3.1 will provide that:

a. British Columbia and the Maa‑nulth First Nation identify an annual allocation of Monumental Cedar and Cypress required to address the Maa‑nulth First Nation's requirement for Monumental Cedar and Cypress for Cultural Purposes;

b. if the allocation for Monumental Cedar and Cypress is not harvested in any given year, that unused portion of the allocation cannot be added to the allocation for subsequent years;

c. the Maa‑nulth First Nation will make reasonable efforts to manage its Maa‑nulth First Nation Lands to provide opportunities for an annual harvest of Monumental Cedar and Cypress trees for Cultural Purposes from such lands; and

d. the Maa‑nulth First Nation will contribute suitable and adequate Monumental Cedar and Cypress located on its Maa‑nulth First Nation Lands and any other sources, including tenures, available to the Maa‑nulth First Nation, to the annual allocation of Monumental Cedar and Cypress to be harvested by that Maa‑nulth First Nation for Cultural Purposes.

21.3.3  British Columbia is not responsible for the costs associated with the harvest by a Maa‑nulth First Nation of Monumental Cedar and Cypress.

21.3.4  A Monumental Cedar and Cypress harvest agreement that British Columbia and Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations enter into in accordance with 21.3.1 will also provide that:

a. Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations may harvest each year, an annual allocation of up to two Monumental Cedar and Cypress for Cultural Purposes from the Power River Watershed Protected Area;

b. in each year, before harvesting Monumental Cedar and Cypress for Cultural Purposes from the Power River Watershed Protected Area, Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations will harvest Monumental Cedar and Cypress for Cultural Purposes from the following sources and in the following order:

i. its Maa‑nulth First Nation Lands and any other sources, including tenures, available to Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations; and

ii. provincial Crown land excluding Provincial Protected Areas, or

Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations must provide reasons to British Columbia why Monumental Cedar and Cypress are not suitable or adequate for Cultural Purposes from the above sources, before harvesting Monumental Cedar and Cypress from the Power River Watershed Protected Area;

c. Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations will develop a plan for the harvest of any Monumental Cedar and Cypress from the Power River Watershed Protected Area, including the location and timing of when the trees will be felled and transported; and

d. British Columbia is not responsible for the transport of the felled trees from the Power River Watershed Protected Area.

21.3.5  A Monumental Cedar and Cypress harvest agreement that British Columbia and Uchucklesaht Tribe enter into in accordance with 21.3.1 will also provide that:

a. Uchucklesaht Tribe may harvest, each year, an allocation of up to two Monumental Cedar and Cypress for Cultural Purposes from the Thunderbird's Nest (T'iitsk'in Paawats) Protected Area;

b. in each year, before harvesting Monumental Cedar and Cypress for Cultural Purposes from, provincial Crown land, including Thunderbird's Nest (T'iitsk'in Paawats) Protected Area, Uchucklesaht Tribe will either:

i. first harvest Monumental Cedar and Cypress for Cultural Purposes from its Maa‑nulth First Nations Lands and any other sources, including tenures, available to Uchucklesaht Tribe; or

ii. provide reasons to British Columbia why Monumental Cedar and Cypress are not suitable or adequate for Cultural Purposes from its Maa‑nulth First Nation Lands and any other sources, including tenures, available to Uchucklesaht Tribe;

c. Uchucklesaht Tribe will develop a plan for the harvest of any Monumental Cedar and Cypress from the Thunderbird's Nest (T'iitsk'in Paawats) Protected Area, including the location and timing of when the trees will be felled and transported; and

d. British Columbia is not responsible for the transport of the felled trees from the Thunderbird's Nest (T'iitsk'in Paawats) Protected Area.

21.4.0  STOPPER ISLANDS

21.4.1  British Columbia and Toquaht Nation will negotiate and attempt to reach agreement concerning:

a. measures to protect cultural, recreational and environmental values on the Stopper Islands; and

b. Toquaht Nation's participation in the management planning of the Stopper Islands.

21.5.0  DIANA ISLAND

21.5.1  British Columbia and Huu‑ay‑aht First Nations will negotiate and attempt to reach agreement concerning:

a. measures to protect cultural, recreational and environmental values on Diana Island; and

b. Huu‑ay‑aht First Nations' participation in the management planning of Diana Island.

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