1. First Working Draft Dehcho Land Use Plan
Comments from the Department of Indian Affairs and Northern Development – March 2005

2. Scope of Review 3 primary components:
1.0 Legislative Conformity and Crown Obligations
2.0 Integration of Plans with Existing Policies, Programs, Strategies and Processes
3.0 Pofessional Land Use Planning Principles and Practices
NWT Regional office has the lead for the Department for First and Revised Draft Plans – when the Proposed Plan is submitted for approval, Headquarters has the lead – this is the policy agreed to 7 or 8 years ago.

3. Outline of DIAND’s Comments
Executive Summary
Background and Scope of Review
Section 1.0 – Legislative Conformity & Crown Obligations
Section 2.0 – Integration of Plan with Existing Policies, Programs, Strategies & Processes
Section 3.0 – Professional Land Use Planning Principles & Practises
Section 4.0 – Editorial Comments & Questions

4. How the Review was Conducted
DCLUPC submitted First Draft Plan [the Plan] to DIAND on Feb 18th, 2005.
Cross-Directorate Working Group formed, representing 9 Directorates in NWT Region & 7 in Headquarters [Ottawa].

5. Overview of DIAND’s Key Findings
Strong 1st Draft Plan.
The Committee should be commended for it’s elegant model [Figure 1], a unique & significant contribution to comprehensive & integrated northern land use planning.
Requires further discussion and work in some areas leading to Revised Draft Plan.

6. 1.0 Legislative Conformity and Crown Obligations
Consistency with Existing Legislation & Crown Obligations:
Strengthen recognition & reference the IRDA & the IMA.
More emphasis on Plan approval process and status for implementation without Final Agreement.
Numerous sections of the IMA have a bearing on the mandate and authority of the Committee, but particularly the Land Use Planning section [Articles 2 to 11] and the Guidelines in Appendix II of the IMA.
When the Dehcho Final Agreement has been ratified by statute, the Plan will be revised & updated, & then it will be possible to fully implement it.
Until then, Regulatory Authorities, other than the MVLWB, will not be bound by the Plan.

7. 1.0 Legislative Conformity and Crown Obligations……….
Existing Regulatory Framework
Clarify “Terms” in Table 7 which might conflict or duplicate existing legislation and roles of RAs.
Clarify the “pacing-of-development” concept based on the Econ. Dev. Strategy [EDS].
Change the prescriptive word “will” to “should” for actions referring to specific regulatory instruments & guidelines under the Table 7 Terms: “Consultation”, “Water Monitoring/Management”, “Air Monitoring/Management”, “Mining Reclamation”, & “Cumulative Impacts Management”.
Consider deleting Appendices 1 & 4 as they apply to other RAs.
Consider deleting Appendix 2 as it may be more appropriate to use these important Consultation Principles as a protocol for proponents’ projects once they are determined to be in conformity with the Plan.
Could remove uncertainty if a sentence were added to the “Planning Process” chapter on page 8 addressing land withdrawals crosscutting existing 3rd-party interests when withdrawals are revised – drawn to exclude them [eg Can Zinc].

8. 2.0 Integration with Existing Policies, Programs and Strategies
Cumulative Effects
Strengthen linkages to CEAM Strategy and Framework.
Sustainable Development
Strengthen Dehcho Baseline information.
Add mechanism/criteria to help gauge success of Plan in striving for sustainable communities & sustainable development.
Developing, approving & implementing the Dehcho Plan is an important component for managing the cumulative effects of development, and therefore of the CEAM Strategy-Framework and Implementation Blueprint [direct linkage].

9. 2.0 Integration with Existing Policies, Programs and Strategies….
Conservation Zones [CZs] / NWT Protected Areas Strategy
Further clarify Plan/PAS interrelationships.
Address access issue into the SMZs & GUZs which cross the CZs - in terms of protection and dev. values
Further evaluate zoning in some areas.
In new section, explain process used for “connectivity” and ecoregion representation.
Clarify the “temporary protection” & “faster protection” concepts on page 10 / also referred to in DIAND comments section 3.0

10. 2.0 Integration with Existing Policies, Programs and Strategies….
Trans-Boundary Land Uses/ Mackenzie Gas Project & Pipeline
Address trans-boundary land uses, including the proposed Mackenzie Gas pipeline.
Designate a “Special Infrastructure Corridor” for the proposed pipeline within the CZs & include more detail in definition & on related terms & conditions.
In the new section, include the Pehdzeh Ki Deh Area of Interest, the Nahanni National Park Reserve expansion area, & the Edehzhie Candidate Protected Area – these 3 area boundaries extend outside of the Dehcho Territory 2 into the Sahtu and 1 into the Tlicho.
Expand definition of “Mackenzie Valley Pipeline Components” on page ii – current definition applies only to activities regulated by the NEB [gravel extraction, water use, access roads & land leases are regulated in permits through DIAND & the MVLWB] – this will help ensure conformity of proposed pipeline with the Plan.
Did the Committee do any pipeline route planning, or is the alignment that of the proponent?
Will there be an impact on the proposed pipeline because new all-weather roads are discouraged, and how will access roads and ancillary needs for the pipeline be accommodated in the Plan? [Table 7, page 22]

11. 3.0 Professional Land Use Planning Principles and Practices
Land Use Designations & the Zoning System
More fully describe the economic implications of Plan by running it through the EDA Model.
Clarify designation and scope of CZs [not withdrawn] – really “temporary”, OR permanent?
Clarify “faster” regarding interim-protection during non-renewable resource assessment [NRA] work.
Explain role of Committee during implementation re Canada Mining Regs. amendments – similar to Gwich’in Land Use Planning Board?
Make reference to the Consultation Options [Options Atlas, July 2004] and compare the proposed Plan to them – similar to Option 4?
Is the Committee’s intention that the CZs will complement & not duplicate the PAS Areas?

12. 3.0 Professional Land Use Planning Principles and Practices…..
Land Use Designations & the Zoning System…
Consider permitting oil and gas activities in specific SMZ’s.
Stress that NRA work, via the PAS process, for the Pehdzeh Ki Deh & Sambaa K’e/Redknife River Areas of Interest, & MERA [Nahanni NPR] will be part of boundary decisions & changes to CZ designations during 5-year Plan Review.
Re Table 5, allow for more oil & gas activity in SMZs 19, 20, 25, 28, & 29 close to communities – maybe provide gas benefits for community power generation & heating.
Were watershed values and boundaries used in defining Pehdzeh Ki Deh boundaries? [not indicated in Table 5]

13. 3.0 Professional Land Use Planning Principles and Practices…..
Access Implications
Address the implications to oil & gas and mining industries from access restrictions on CZs & all-weather roads across SMZs, to “islands” of GUZs for their seismic, exploration and development work.
Relatively large amount of land zoned for CZs & SMZs could impact future income generation from resource royalties which may be needed to pay for a Dehcho Government post Final Agreement.
Discouraging new all-weather road development is troubling since the Dehcho mineral potential is dominated by base metals which require such infrastructure.
The issue of resource royalties could become a factor when the Plan “will be revised and updated to reflect the provisions of the Final Agreement.” [IMA, Appendix II, Phase IV – Plan Implementation, Article 25.]

14. 3.0 Professional Land Use Planning Principles and Practices…..
Mineral Information
Expand the definition of “Mining” to include Coal Exploration & Dredging – both have their own Regulations.
Oil & Gas Information
In Table 6, only 21% of the zones [4 of the 19 rated for oil & gas ] allow for this land use compared to mining at 26% & forestry at 33%.
Mining Recorder’s Office recently received applications for 2 Coal Licences in the Dehcho.

15. 3.0 Professional Land Use Planning Principles and Practices…..
Oil & Gas Information….
Maps related to oil and gas & existing activities require refinement.
EDA Model section – figure of only 16 wells very modest; may not support sustained employment & business dev.
Map 5: Oil and Gas needs to be clarified, qualified and references expanded.
Map 3: Existing Activities and Third-Party Interests is busy & difficult to read – improve the graphics & consider putting the “Human Disturbance” layer on separate map.
Map 5 - How were grid cells rated and how were the threshold values defined?

16. 3.0 Professional Land Use Planning Principles and Practices…..
Overall Plan Scope & Format
Write the Revised Draft Plan as if it were the final Plan.
Consider showing revisions in the Revised Draft Plan & footnoting these to the submitted comments.
Add IMA & IRDA to Appendices.
Consider locating portions of EDA Model section right on Maps 5, 6, & 7 [oil & gas, mining, & forestry].
Consider extracting & consolidating key policies from “Working Draft Policy Recommendations” into a new Vision section further up front & the EDS section into a new chapter on Implementation, Mon. & Review.
Delete out-dated parts, put some parts in Appendices, & delete some Appendices.
Perhaps the main user of the EDA model will be the Committee, as part of its on-going role in determining conformity, along with cumulative effects & other tools in the Plan, and assuming the CMRs amendments are in place.

17. 3.0 Professional Land Use Planning Principles and Practices…..
Plan Implementation, Monitoring & Review
Add chapter on plan implementation, monitoring and review.
Include references to the IMA reqs. [App II, Articles 24. on conformity and 25. on post Final Agreement revisions to Plan], & describe how approved Plan will revise & replace the current land withdrawals.
This new chapter is required to outline & describe the Committee’s on-going role, particularly in determining conformity, tools to be used, related roles of Regulatory Authorities, and this process should be shown in diagram format.
Perhaps this diagram should be located in the heart of the Plan, as in the Gwich’in Land Use Plan.
Think about laying the groundwork in anticipation of possible governance structures coming out of the Final Agreement – what might the integrated management of land and resources look like?

18. 3.0 Professional Land Use Planning Principles and Practices…
Plan Implementation, Monitoring & Review…
Address Committee’s protocols [steps, terms & rules] for granting:
“Exceptions to the Plan”; and
“Amendments to the Plan”.
How “Comprehensive Reviews of the Plan” would be carried out [usually every 5 years].

19. Conclusion
Staff of the Dept. would be pleased to meet with the Committee on any of the detailed comments provided.