Under the Tr’ondëk Hwëch’in Final Agreement, TH retained direct control of 2,598.51 km2 of Settlement Land. Section 13.3 of the Tr’ondëk Hwëch’in Self Government Agreement grants TH broad land management and planning powers over Settlement Land, including the power to enact laws in relation to:
»Use, management, administration, control, and protection of Settlement Land;
»Allocation or disposition of rights and interests in and to Settlement Land, including expropriation by the Tr’ondëk Hwëch’in for Tr’ondëk Hwëch’in Purposes; and
»Use, management, administration, and protection of natural resources under the ownership, control, or jurisdiction of the Tr’ondëk Hwëch’in.
All Settlement Land is categorized under the Final Agreement as either R, S, or C:
» Rural Settlement Land parcels (“R-Blocks”) are located throughout TH Traditional
Territory, generally outside of the City of Dawson municipal boundary. These parcels were broadly selected to provide large areas of Settlement Land to enable traditional pursuits, and to accommodate Citizens who did not indicate specific areas of interest.
» Site Specific Settlement Land parcels (“S-Sites”) are located throughout TH Traditional Territory. These parcels were broadly selected to recognize specific important sites, or areas where individual Citizens were interested in establishing camps.
» Community Settlement Land parcels (“C-Lands”) are located in and around Dawson City. These parcels were broadly selected to provide land for TH community and economic development.
Subject to the TH Final Agreement, TH, as owner of Settlement Land, may exercise powers of management in relation to its Settlement Land, including enacting bylaws for its use and occupation. TH Settlement Land is presently managed under the Tr’ondëk Hwëch’in Land and Resources Act, which grants Tr’ondëk Hwëch’in Council broad planning and land management powers, including:
» Designate any part of the land or resources to be available for a particular use;
» Withhold from availability for access, occupation, or use of any land or resource for any purpose; and
» Establish any term, condition, restriction, or stipulation to apply to any land or resource or class of land or resource use.
TH Natural Resources is currently developing a system of Settlement Land Designations for TH Settlement Land. Eventually, this system will be further developed and enacted as a regulation under the Land and Resources Act. At this point, the system of Settlement Land Designations is not binding, and formal procedures for implementation have yet to be developed. In the absence of these Settlement Land bylaws, the City of Dawson’s bylaws apply.
Direction
- TH Settlement Lands will be used to support the TH community and its economic developmentthrough one or more of the following ways, as may be subject to change:» Mixed use development (e.g., residential, commercial, and institutional development, or traditional use)» Traditional use (e.g., ceremonies, berry picking, recreational/hunting cabin development)» Heritage and community use (e.g., traditional use, traditional economic activities such as fishing or trapping)» Sustainable development (e.g., resource development, traditional use, traditionaleconomic activities such as fishing or trapping)
- Acknowledge Tr’ondëk Hwëch’in’s right to the peaceful enjoyment of Settlement Land, as outlined in Chapter 5 of the Tr’ondëk Hwëch’in Self-Government Agreement, which includes having built forms that reflect TH culture and values.
- Inaccordance with the provisions of Chapter 25 of the Tr’ondëk Hwëch’in Self-Government Agreement, Consult with Tr’ondëk Hwëch’in to review developments surrounding and on Settlement Land for the compatibility of adjacent uses, comprehensive planning principles, and efficiency of community infrastructure.
- Striveto build an ongoing and collaborative working relationship with the Tr’ondëk Hwëch’in to address broad community land use and development issues.
- Streamlineand clarify a mutually beneficial consultation process on planning-related matters by seeking to enter into a relationship agreement that can outline expectations, processes, and timelines for anticipated consultation matters.
- Until such time that Settlement Land bylaws are enacted by TH:
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- All applicable land use policies and regulations as outlined by the City shall apply to Settlement Lands.
- SettlementLand parcels will need to be zoned appropriately using the City of Dawson Zoning Bylaw before development can occur.
- Supportthe eventual transition of TH to Settlement Land bylaws by working with Tr’ondëk Hwëch’in to identify future land uses for Settlement Lands and seeking to incorporate flexibility into existing development regulations and processes where possible.