Frequently Asked Questions (FAQ 
General
Direct Award of Tenures Associated with Forest
and Range Agreements
Revenue Sharing
Other Opportunities
Linkages to Treaty
General
What are Forest and Range Agreements?
Forest and Range Agreements are interim agreements
between the Ministry of Forests and eligible
First Nations designed to provide for "workable
accommodation" of aboriginal interests that
may be impacted by forestry decisions during
the term of the agreement, until such time as
those interests are resolved through treaty.
These agreements provide the Ministry with operational
stability and assist First Nations to achieve
their economic objectives by providing revenue
and direct award of timber tenure.
What is meant by "workable accommodation"?
Workable accommodation is considered to be
accommodation that is appropriate to address
situations where there is a potential for aboriginal
rights and/or title (aboriginal interests) to
exist in a particular area and where such aboriginal
interests may be impacted by forestry decisions.
Accommodation may be in the form of revenue
and/or tenure to address the economic component
of a First Nation’s potential aboriginal
title interest. Accommodation may also include
operational approaches to address a First Nation’s
potential aboriginal rights interest.
What are the key elements of a Forest and
Range agreement?
The Province will seek to provide to the First
Nation a direct award forest tenure and a share
of forestry revenues. In return, the First Nation
will acknowledge that they have been accommodated
for the economic component of administrative
and operational decisions made during the term
of the Agreement. In addition, the First Nation
agrees to not support unlawful interference
with forestry operations nor engage in litigation
with respect to adequacy of accommodation, as
set out in the Agreement. Another key component
of these agreements is the inclusion of consultation
processes to address both administrative and
operational decisions and to ensure timely forestry
decisions.
Direct Award of Tenures Associated with Forest
and Range Agreements
Where is the volume going to come from
to support the timber tenures offered in these
agreements?
The Ministry is setting a target of 8% (about
5.6 million cubic meters) of the provincial
AAC to be held by eligible First Nations pre-treaty.
Volumes currently available for disposition
include AAC uplifts, one -time volumes arising
from cut control decisions, or temporary AAC
uplifts arising from section 61 of the Forest
Act. Additional volume will become available
as a result of the timber reallocation made
though the Forestry Revitalization Act, but
that will take some time to reconcile.
What kinds of tenures will be offered to
First Nations?
Tenures awarded under this initiative will
be offered for a time period that corresponds
to the Forest and Range Agreements (likely to
be 5-year terms). As such, the tenures offered
will be non-replaceable and subject to renewal
of the Agreement. Initially, the tenure offered
will be in the form of volume based licences,
to provide the greatest flexibility to access
volume.
What conditions will be placed on the tenures?
The tenures will be subject to the same terms
and conditions that apply to all forest tenures
in British Columbia. The Forest and Range Practices
Act and other relevant legislation will apply
and stumpage will be payable. Where tenures
are awarded under the direct invitation provisions
of the Forest Act, the tenures will continue
to be subject to the Forest and Range Agreement.
Is a First Nation eligible for additional
direct awards of tenure over and above the
tenure awarded from a Forest and Range Agreement
This initiative does not restrict the ability
of the Ministry of Forests to award additional
tenure to a First Nation as an economic opportunity.
However, any additional award is subject to
the terms outlined in the Forest Act, and sufficient
available volume. Any such award of timber does
not include a further revenue sharing component.
Of course, First Nations may still apply for
tenure through the existing competitive bid
processes.
Will First Nations be able to sell their
new tenures?
Yes, subject to the Forest Act.
Will government still consult with First
Nations on forest development plans?
Yes. The Province recognizes its legal obligation
to consult with First Nations on operational
plans and is committed to fulfilling that obligation.
The Ministry intends to facilitate these obligations
through a consultation process on operational
plans as part of the Forest and Range Agreements.
What happens if a First Nation cannot live
up its tenure obligations?
First Nations will have the same tenure rights
and obligations as other tenure holders. If
a First Nation cannot meet its tenure obligations,
then it will face the same penalties as any
other licensee.
Revenue Sharing
Why is the government providing a share
of forestry revenues to First Nations?
Aboriginal title, where it exists, has been
determined by the courts to have an economic
aspect.
Revenue sharing is one method of addressing
potential aboriginal title interests by ensuring
that First Nations receive some benefit from
activities that occur in their asserted traditional
territories.
First Nation communities need access to revenue
to support capacity building and business development.
By having a direct interest in the revenue generated
in their area, First Nations will also benefit
from timely decision making by the Ministry
of Forests for forestry operations.
Why is government not providing revenue
to other communities?
Revenue sharing is one method of addressing
potential aboriginal title interests by ensuring
that First Nations receive some benefit from
activities that occur in their asserted traditional
territories. The court- driven need to accommodate
First Nations with a share of forestry revenues
is unique to aboriginal communities and simply
does not apply to other non-aboriginal communities.
Isn’t this just subsidizing First
Nation forestry operations?
The courts have held existing aboriginal title
and rights in respect of land and resource use
are recognized and affirmed under the Canadian
Constitution. Funding provided through revenue
sharing is intended to address the possible
infringement of aboriginal interests. As such,
the Province is not specifying that funding
be used to support any specific initiatives
undertaken by the First Nation. The First Nation
should be able to decide the best use of the
revenue based on community needs.
Will each First Nation across the province
get the same amount?
No, but each First Nation that signs a Forest
and Range Agreement will receive a share of
the available forestry revenue sharing budget
on a per capita basis.
If a First Nation is not in treaty do they
still get a share of revenues?
First Nations who have unresolved rights and
titles issues that may be impacted by forestry
decisions are eligible, whether or not they
are currently engaged in treaty negotiations.
Are First Nations still eligible for other
funds or capacity building programs?
Yes. Forest and Range Agreements do not preclude
the First Nation from being eligible for existing
federal or provincial funding programs. Additionally,
the First Nation will be able to use revenue
sharing to support economic or capacity development
and participation in consultation process. As
such, the Province will expect the First Nation
to meet obligations under Forest and Range Agreements.
Other Opportunities
Not all First Nations are interested in
managing a timber tenure. Does Ministry of
Forests have other opportunities to offer
those First Nations as part of an accommodation
package?
Yes. Where range vacancies exist, the Province
may offer access to grazing and hay cutting
through section 14 of the Range Act.
Linkages to Treaty
What happens to Forest and Range Agreements
once we reach Final Agreement with a First
Nation?
Forest and Range Agreements provides accommodation
in respect of aboriginal interests. Once those
interests are resolved through treaty, accommodation
will no longer be necessary.
Are Forest and Range Agreements part of
a treaty settlement?
No. Comprehensive settlement of treaties entails
negotiation of a much larger set of issues.
The Treaty Negotiations Office leads those negotiations
for the Province.
Forest and Range Agreements can play an important
role in a pre-treaty environment by providing
increased economic opportunities for First Nations,
building community capacity, increasing the
level of trust among First Nations, government
and other stakeholders, and providing greater
stability on the land base prior to long-term
treaty settlements being finalized.
Feel free to contact the Branch
by email at;
Forests.AboriginalAffairsbranchoffice@gov.bc.ca
