Manitoba agrees to withhold from any other use and to set aside for each Band a substantial area of land (the "hold area") which is specifically defined on a map attached hereto and by legal descriptions, for a 5 year selection period ("selection period") beginning with the date of this Agreement. The said map(s) and legal descriptions are attached hereto as Schedule "H". A Band, or any of its Members may use any one or more parcels of the land within its hold area that the Band's Council may, by Band Council Resolution, select as desirable for the purpose of some justifiable use(s) that will contribute towards the viability of the community including the well-being of any of its members.
The selection period may be extended as necessary to ensure that the Band has a reasonable opportunity to investigate, consider, obtain funding for, and implement such developments and uses as may be feasible.
Manitoba undertakes to permit the Band or any resident(s) to have the exclusive use of each parcel of land thus selected, without fee of any kind, for as long as any resident continues prudently to use that parcel for the foregoing purpose. Such permits for the exclusive use of each parcel shall be issued by Manitoba to the appropriate Band, and it shall be for the Band Council to regulate the use by individual residents to ensure its prudent use for the said purpose(s).
Delay in implementing development or use, by reason of failure to organize or obtain funding or the like, shall not be deemed to be failure to prudently use any parcel.
Within the selection period, whenever any such parcel ceases to be required, the Band Council may by Resolution, approved by Canada, so notify Manitoba and thereby relinquish the applicable permit. The Band Council shall thereafter be entitled to select and use any other parcel(s) of unallocated, unencumbered and unoccupied Crown land, of an area equal to that relinquished, within the boundaries established for the hold area, for justifiable uses as provided in Article 4.1 to Article 4.4. In order to avoid the undue restriction of the lands from which selection may be made, land set aside as a "Water Power Reserve" for the purpose of this Agreement shall not be deemed to be allocated, encumbered or occupied or required for public purposes by reason only of setting it aside as a "Water Power Reserve". Land in respect to which Manitoba has set aside, granted or assigned timber rights shall not be deemed to be allocated, encumbered, occupied or required for public purposes by reason only of it being so set aside, granted or assigned, but land which is being actively logged at the date of this Agreement and land occupied by or used in connection with active logging camps shall be deemed to be allocated, encumbered or occupied.
Whenever it appears to Manitoba that any parcel selected within a hold area by a Band is no longer being used for the purposes or in the manner contemplated by this Agreement, Manitoba may serve notice upon the Band Council of Manitoba's intent to revoke the permit covering the parcel in question. In the absence of proper cause being shown to Manitoba, or of a submission of the matter to arbitration, within six months following the Band's receipt of that notice, Manitoba may cancel the permit in question, and such cancellation shall constitute relinquishment by the Band for the purposes of Article 4.5.
Northern Flood Agreement
Office of the Arbitrator904-363 Broadway Avenue
tel: (204) 956-5089
fax: (204) 956-5091