Policies

Policies 2018-04-17T15:44:56+00:00

In collaboration with the Haudenosaunee Confederacy of Chiefs Council, the HDI has developed comprehensive policies dealing with matters close to the Haudenosaunee people. Energy, hydro, archaeology, environment, lands and consultation are all issues currently facing the Haudenosaunee peoples as development occurs on our lands.

Click here to download a full PDF of the Haudenosaunee Development Institute policies as adopted in council on June 5, 2010.

ARCHAEOLOGY POLICY

  1. Within this policy the following definitions apply: The “Territory” is including but not limited to the lands described as the Haldimand Proclamation Lands and the 1701 Treaty Lands. The “Project” is any impact or disturbance. “Burial” includes not only human remains but also funerary objects, and includes unintentional as well as intentional burials, and burials of part of a human being as well as of entire bodies.

    “Haudenosaunee Law and Customs” “Funerary objects” means objects that have been buried with a person. “Registrar” means the Registrar of the Cemeteries Branch of the Ontario Ministry of Government Services. “Respected” in the context of a burial, means that once it is located it shall not be subjected to further disturbance. “Site Disposition Agreement” a landowner may register an agreement concerning the protection of any burial site pursuant to the Ontario Cemeteries ActOntario Cemeteries Act. In acknowledgment of this, we will seek to ensure that their conduct and processes pursuant to this agreement meet or exceed the standards and requirements of that statute.

  2. In the Haudenosaunee view, protecting burials is a matter of rights and obligations: the obligations are to the ancestors and in accordance with Haudenosaunee law and custom; the rights are matters of law and also exist in the context of Haudenosaunee Treaty relations with the Crown. The ancestors are considered to be an integral part of the people, and they are acknowledged and provided for in the annual cycle of ceremonies. In Haudenosaunee law, it is fundamentally wrong to interfere with burials.
  3. In order to protect, avoid and respect any burials that might be affected, we agree that there should be prior investigation by professional archaeologists, with the assistance of an osteologist, to determine the extent and location of any burials. This Agreement governs the conduct of that archaeological investigation.
  4. We intend that the archaeological investigations will be completed far enough in advance of any construction that construction plans will be adjusted to accommodate the integrity and dignity of any burials, or Haudenosaunee protocols.
  5. The Haudenosaunee will develop a list of licensed archaeological firms and archaeologists they consider suitable for the archaeological work to be undertaken pursuant to this agreement.
  6. All archaeological work will meet or exceed standards set pursuant to the Ontario Heritage Act and its Regulations, and those set in Ontario Ministry of Culture guidelines and permits concerning archaeological methodology and analysis. The archaeological work will be conducted in a way that respects Haudenosaunee law and customs.
  7. Each future contract for archaeological work in the right-of-way of the Project shall require that a person designated by the Haudenosaunee shall be hired as part of the archaeological team. This person shall have the same authority as the archaeologist in charge to stop work on a site if a burial is found, or in situations where Haudenosaunee protocols differ greatly from that of the Ontario Ministry guidelines. Where a contract involves simultaneous work at several separate sites, enough workers shall be hired to ensure consistent monitoring of the archaeological work.
  8. In addition to the workers referred to in Paragraph 7, the Haudenosaunee may designate persons who shall have the right to monitor or inspect any archaeological site during the time that work on that site is being conducted. The Haudenosaunee will notify the persons so designated.
  9. Where an isolated human bone or tooth is found, we will immediately discuss whether the find is a burial, and whether it will be dealt with pursuant to this agreement.
  10. If a burial is found during archaeological or construction work in connection with the Project:
    1. All archaeological or construction on that site will stop immediately.
    2. The person in charge of the archaeological or construction work, as the case may be, shall immediately provide notice both by telephone and by facsimile to the Haudenosaunee Development Institute, contact information provided at the beginning of the policy. The notice will include the location
    3. the burial and any information available to the person giving notice at the time.
    4. The person in charge of the work shall immediately notify the police or the coroner, as provincial law requires.
    5. The person in charge of the work shall immediately notify the Registrar.
    6. Whether the Registrar orders it or not, and if the coroner or police have determined that a human burial is not the result of a recent crime, then in consultation with the Haudenosaunee an investigation shall be made to define the origin of the burial. The investigation shall be carried out by the archaeologist contracted to the site investigation. In conducting the investigation, the archaeologist shall not exceed any authority not expressed in this protocol.
    7. If the Haudenosaunee request it, the investigation shall be carried out jointly by an archaeologist contracted and one contracted by the Haudenosaunee.
    8. The investigator or investigators shall, as soon as practicable, provide a written report containing the following information:
      1. a determination of the possible cultural origin and religious affiliation of the persons whose remains are interred and the basis upon which the determination is made;
      2. a description of the boundaries of the burial site, and of any village or communal site with which the burials may be associated;
      3. details of the style and manner in which the human remains are interred;
      4. a description of any artifacts that, in the opinion of the investigator, form part of the burial;
      5. an opinion as to whether the burial site was set apart with the apparent intention of interring human remains in accordance with cultural affinities and the basis on which the opinion is made;
      6. an opinion as to whether there are likely to be other burials in the immediate vicinity;
      7. a description of the methodology used in the investigation; and,
      8. any information which, in the opinion of the investigators, may assist in arriving at an agreement concerning the future protection of the remains.
    9. The information required pursuant to subparagraph 10(g)(1) will be provided within five days after the investigation has begun.
    10. Reports of investigations made pursuant to Paragraph 10 (g) shall be delivered to the Haudenosaunee at the same time.
    11. If the investigation conducted pursuant to Paragraph 10 (g) concludes that the remains were not burial sites, work stopped shall resume once the report has been received.
    12. An investigation conducted pursuant to Paragraph 10(g) shall be conducted with a minimum of interference with the burial. Human remains and funerary artifacts shall not be removed from the site during the investigation. The remains and funerary artifacts shall not be photographed without Haudenosaunee consent.
    13. We will as soon as possible make every reasonable effort to arrive at an agreement providing for the protection of the burial. These efforts will include, with respect to construction, finding practical design or construction solutions aimed at ensuring the burial site is respected. If a burial is found in right-of-way of the Project, the Haudenosaunee, or any aboriginal people they notify in accordance with Paragraph 11, will have the opportunity immediately to perform ceremonies at the site in accordance with their laws and customs.
    14. Many human cultures place objects with their dead, to accompany them to the next world. As a matter of respect for the dead and for the people who buried them, artifacts found with burials shall be treated as funerary objects and shall remain with the burial unless the Haudenosaunee consent otherwise in writing.
  11. Where an indigenous burial in the right-of-way of the Project is not clearly that of an ancestor of the Haudenosaunee, the Haudenosaunee accept responsibility for ensuring that representatives of other indigenous nations are appropriately involved in discussions and decisions with respect to that burial.
  12. The Haudenosaunee will advise of the kinds of objects, that if discovered require under Haudenosaunee custom that they be treated ceremonially.
  13. All artifacts recovered as a result of archaeological or construction work and which are identified as Haudenosaunee, or associated with peoples linked to the Haudenosaunee, and are not funerary objects shall be delivered to the Haudenosaunee as soon as practically possible, subject to Haudenosaunee customs and good archaeological practice.
  14. The Haudenosaunee will have access on a continuing basis to all artifacts found in connection with the Project, until the final disposition of the artifacts is agreed upon.
  15. The Parties and the archaeologists hired will discuss ways in which the results of archaeological work referred to in this Agreement may be used to help produce educational facilities or materials that will enhance understanding of the past.
  16. The provisions of an Agreement shall govern the conduct of any archaeological work remaining to be conducted.
  17. If the Haudenosaunee or other Party has a concern about the fulfillment of any part of this Agreement, that concern shall be addressed in the same manner as the resolution of issues is provided for in the Protocol.
  18. Neither the Haudenosaunee nor other Party will seek to have any issue relating to burials resolved by way of arbitration pursuant to the Ontario Ceremonies Act.
  19. Notice to pursuant to this Agreement shall be provided in the same manner as provided in the Protocol.

HAUDENOSAUNEE ENGAGEMENT POLICY

The Principles of Engagement: The Covenant Chain of Peace is one of the sources of this policy.  It is a time-honoured legal protocol that all of our governments have used to address issues of mutual concern.  That tradition called for the “repolishing” of the Covenant Chain, which is symbolized as a three-link silver chain.  To the Haudenosaunee, the Government-to-Government Engagement Policy is the way by which this repolishing will take place.  New aspects of our relationship will be clarified.  Our relationship will be renewed.

The Covenant Chain is based upon three principles that our Engagement Policy reflects:

  1. Peace must be maintained.  We will use the power of reason to arrive at peaceful solutions.  Our objective is to assure that no one will be harmed by any action to be taken.  To us, peace is the result of fairness.
  2. Respect must be given to all parties.  We will use common respect, encouraging words and find ways that show respect to all parties and in turn we will expect that our laws and jurisdiction be respected.
  3. Friendship must be evident.  We will speak honestly and forthright, not attempting to deceive each other.

The Political Protocol of Engagement: The Haudenosaunee have a treaty relationship with the Crown.  That relationship is more than a written document or single wampum belt.  The relationship is a commitment to respect our sovereignty, land rights, cultural rights and human rights.  It is a commitment to communicate respectfully.  At the same time, the relationship is dependent upon timely engagement to address issues that arise from time to time.  We commit to the negotiations necessary to resolve the matters peacefully.

The Reasons for Engagement:

Engagement is required when one of three following events occur:

  1. When difficulties arise between our people over matters of jurisdiction, land, hunting and gathering, environmental planning, policing etc., we must work at ensuring that Haudenosaunee jurisdiction is respected.
  2. When proposed laws, policies, programs or practices impact on the lands, or may affect the right of our people to maintain their identity, rights interests.
  3. When the Haudenosaunee request such engagement due to issues of concern.  From time to time, we will initiate a request for engagement by advising of the source of our concern and the manner  in which we would like to proceed.

The Procedures of Engagement: Engagement is a formal process.  Engagement is also meant to better inform all parties as to the nature, dimensions and possible consequences of an action to be addressed.  Open and honest communication is key to the entire process. The first step in engagement is to identify the causes of concern and agree that these are matters of state.  This process will usually be commenced by way of our application process. The second step is to formerly convene the engagement.  This would be with an exchange of letters to confirm the matters and the appointment of authorized officials to deal with matters. The third step is to have the authorized officials develop a work plan to address the matters, with concrete mandates, mutually agreed upon strategies and clearly defined expected outcomes. The fourth step is to conduct the engagement and work at defining solutions.  The authorized officials will develop and sign a proposed solution plan – an agreement in principle. The fifth step will be to have each government review and approve the proposed solution plan, thereby making it the final result of the engagement. The sixth step would be a plan to implement the approved plan.  This may require additional engagement meetings to work out the details.The seventh step would be to implement and monitor the approved plan.  From time to time, adjustments to the plan may be necessary due to changing circumstances or unforeseen consequences.  This may require additional engagement meetings to work out the details.

There is no specific timeframe for engagement, as it will vary significantly based upon the nature of the discussion and the cultural and spiritual obligations of the Haudenosaunee from time to time.   Our process of consensus building takes time. The earlier that engagement is started the better for all.

Approval of the Engagement Any government-to-government agreement is not considered legal until such a time as it is formerly adopted by the Council of the Chiefs, which will provide written verification of the adoption of the agreement by the Haudenosaunee, by way of the Secretary of the Council.

ENERGY POLICY

Vision Statement:

First Nations Communities and their residents are required to have access to various forms of energy to function successfully in today’s society.

The delivery and distribution of energy sources are challenged by geography, reliable suppliers and costs.

Various forms of energy required for:

  • Transportation Communication
  • Health Care Recreation
  • Education Home Life
  • Economic Development
  • Currently available technologies to facilitate these societal needs are based on:
  • Petroleum fuels example: gasoline, diesel, propane etc.
  • Natural gas
  • Electricity, generated by several methods
  • Wood

Emerging technologies based on renewable biological sources are increasingly important. The processes produce either liquid fuels to replace petroleum fuels or methane gas and synthetic gas, which can replace natural gas. Thus biological based sources can be used for either transportation or electrical generation.

The Need for an Energy Policy

Policy principles are intended express clearly the fundamental values of the populace, in this case the Haudenosaunee People living in the community of the Six Nations of the Grand.

Policy principles should permit a clear evaluation of various energy sources to be made available for a community by comparing them to the three criteria listed in Policy Principles below.

Various forms of energy are available for use in today’s society. Some of the alternative forms are consistent with the Haudenosaunee values, some are not.

The people who will receive the energy should play a vital role in its generation and delivery. First Nations communities have often been marginalized from the process of development, construction and operation.

Finally, energy policy guidelines are necessary because, over history, First Nations communities, as proven by history, are often directly impacted by the development of energy production facilities. Unfortunately these facilities are usually developed for markets far removed from the First Nation home community.

Policy Principles

Energy policy, in terms of Haudenosaunee principles, should be centered on three criteria:

  1. Sustainability
  2. Conservation
  3. Low Environmental Impact

Any energy initiative within a community should be judged against these criteria.Working definitions for use within this policy document are as follows:

“Sustainable” – an energy source that meets the needs of the present without compromising the ability of future generations to meet their own needs.

“Renewable” -many energy technologies are based on natural resources which are known to be of finite supply. Other technologies employ natural environmental phenomena or feed stocks that can be re-grown easily and regularly.

“Low Impact” -The environment within which the energy source is located should be impacted as little as possible, with regard to air emissions, noise, dust, displacement of people and their activities.

“Conservation” – To preserve and carefully manage energy sources. To be used minimally, only using what is really needed.

Energy Policy Scope

Several forms of energy are required for society to function. The territory of the Six Nations of the Grand River is no different in this respect than other communities within the Grand River Valley.

The Energy Policy is compromised of the following elements:

Part A. Electricity

Part B. Transportation

Part C. Conservation

Part D. Sustainability

Part A: Electricity

While energy can be classified in many ways such as by type (radiant, chemical, potential, kinetic, or atomic), end use (transportation, home heating, industrial process) or fuel source (petroleum, wood), this policy document focuses on the subset of radiant energy known as electricity.

Different forms of energy can be converted into electrical energy through physical and chemical processes.

This policy document is intended as a guide to select among the various processes available for the creation of electricity so that the Policy Principles of the Haudenosaunee are not compromised.

Ranking of Electricity Supply Options

Listed below are various supply of options for meeting the needs of People of the Six Nation of the Grand and the people of Ontario in general. They are ranked in order of preference for implementation on the assumption that the supply of electricity to Six Nations will continue to be integrated into the electrical distribution grid of Ontario but that Six Nations has a right not only to an opinion on how that energy is generated when generating activity impinges on traditional territory, but also an obligation to the next Seven Generations to impose responsible stewardship of resources used in the creation of that electricity.

Preferred Options

1. Conservation

The use of electricity must be managed responsibly so that no one wastes electricity and causes valuable natural resources to be consumed to supply necessary needs.

Energy conservation must be promoted. Energy audits of homes and offices should be carried out to identify areas of savings and then changes implemented.

Conservation can save not only fuel, but land, the environment and even capital.

2. Renewable Energy

Renewable sources include water, wind, solar radiation and biomass.

Renewable energy alternatives are both sustainable and offer low impact on the environment.

Current and renewable technologies that employ renewable sources must be supported.

Energy created from biomass such as animal manure or renewable crops is acceptable provided they provide further useful byproducts for food, fiber, or fertilizer and do not and do not reduce the organic matter and life in the soil. Many processes also absorb carbon dioxide and offer reduction from greenhouse gas emissions increases.

Electricity produced from municipal waste or end use items such as animal renderings or waste cooking oil is also acceptable.

Unacceptable Options

The policy rejects the use of generation of electricity from non-renewable fossil fuels such as natural gas and petroleum oils. Documented studies show that these fuel sources have a fixed remaining life, are not renewable and are too valuable for servicing the needs of people and industry to waste on mass electrical generation. Information is available to support these conclusions.

Also unacceptable is the burning of source bio products such as whole grains. Even at low selling prices, grains are too valuable to burn. Whole grains are filled with proteins, carbohydrates and minerals. The grain constituents can be separated to form foods, converted to fuels, while the remainder is still suitable for animal feed. Even chaff and low value residue from processing has value as fuel.

Transitional Sources

Electricity generated from coal would be acceptable under the following conditions:

Coal is clearly identified as a transitional mode of generation to be used until new renewable technologies become commercially viable and reliable.

Coal has a much longer lifetime of availability that either oil or gas, on the order of hundreds of years.

Coal burning station can and are being equipped with scrubbers to reduce undesirable emissions.

Coal can be combined with biomass to further reduce the emission of undesirable elements.

Coal can be gasified and carbon dioxide sequestered to provide a cleaner fuel for combustion without drawing on natural gas reserves.

There is an inventory of coal type generators with associated transmission line rights of way which already impose a considerable impact on the natural landscape. Building new stations elsewhere simply consumes more land for the same end use.

Emerging TechnologiesNew technologies are being developed to permit the production of fuels and electrical energy from biological sources. These technologies rely on the following processes, many of which occur naturally in nature:

i) fermentation to create liquid fuels such as ethanol in place of gasoline

ii) crushing of oil seeds to make diesel from the oil

iii) decomposition rotating garbage, manure or green hay, to make methane gas

iv) combustion burning dry bulk low value materials such as corn cobs, wood chips, for heat or with coal for electric generation

Some countries such as Brazil already power most of their cars with ethanol which has a lower impact on the environment than gasoline.

Research is underway on various specialty crops that could be grown purposely for conversion to fuel by converting plant cellulose to fuel and returning the residue to the field.

Because plants absorb Carbon Dioxide as they grow, and burning of the fuels they produce releases Carbon Dioxide, it is hope that the closed loop of crops to fuel and back again can help restrain the growth of Carbon Dioxide in the atmosphere.

ENVIRONMENTAL POLICY

The Need for an Environmental Policy:
When the Haudenosaunee and the first colonists made the original agreement on our treaty relationship, it was about sharing the natural resources on this great land. By agreement we established a way to share, respect each other, and resolve disputes peacefully. Those principles still apply today.

However, when those first agreements were made, the waters were clean and healthy. All fish could be eaten. The birds, plants and animals were plentiful. Now we face an environmental holocaust that threatens human existence. This is not acceptable. Our land, water and biological systems have been polluted by unchecked growth. Endangered ecological communities and species are declining as a result of current land clearing and also as a consequence of the fragmentation and degradation resulting from the past clearings.
Our Goal:
Our goal is to restore sanity to the use of the land, realizing that what we do today determines the well being of the future generations. It is with them in mind that we establish this environmental policy.

Policy Principles:

  1. Protection
  2. Improvement
  3. Sustainability

Protection

  1. To protect and improve the condition of land, water (including groundwater) and vegetation resources that provide the ecosystem services that support sustainable resource use industries
  2. To protect our ecosystems and the Carolinian environment
  3. To protect and manage places and values of national environmental significance, including threatened species and communities, listed migratory species, heritage areas and heritage places
  4. To promote Haudenosaunee community participation in the planning and delivery of outcomes

Improvement

  1. To improve water quality and environmental condition in surface and groundwater systems, including wetlands and estuaries, while maintaining the economic and social values derived from water use
  2. To reverse the decline in the extent and quality of native vegetation and maintain and restore habitat for flora and fauna

Sustainability

  1. To promote sustainable resource use, particularly sustainable agriculture

Environmental Policy Scope – Areas of Concern

  1. Heritage Sites
  2. Threatened Species
  3. Ecological Communities
  4. Migratory Species
  5. Wetlands
  6. “Green” Agenda

We seek to protect Haudenosaunee heritage sites. Our ability to access sacred sites, culturally-significant sites, traditional places for hunting, fishing, trapping and gathering must not be infringed by any development. We want to work with developers and regional associations to identify such places well in advance of proposals.We will seek to protect Native threatened species and ecological communities with their status in the landscape affected to the extent that their population viability is at risk. Specifically, we are concerned about nationally endangered or vulnerable species and ecological communities. We will seek to protect migratory species and wetlands. Migratory species are recognized within international conventions to which Canada is a signatory. Wetlands, which help to clean the waters, are also important and we seek to protect the entire watershed that feeds into those wetlands. We are less inclined to consider 1 to 1 substitutions to wetlands, and prefer to avoid any disturbance. Those proposals that provide a realistic and measurable “green” agenda associated with the nature of the project will be viewed most favourably. We are willing to work with developers on defining those green standards, strategies and approaches. While these may require additional expenditures on the part of the developer, it will be considered one of the “benefits” of the project to overall well-being.Haudenosaunee Environmental Review Process Section A: Draft Comprehensive Conservation Plan Background:

  1. Introduction- Plan prepared guide management actions and direct and assess alternates to proposed actions
  2. Purpose and Need for the Plan- To develop proposed action plan to achieve stated purpose, attains vision and goals for the site, help other understood reasons for actions
  3. Authority- The Jurisdictional Agencies that Impact on site management
  4. Legal and Policy Context- Impacting legal factors
  5. National, Regional and local plans and Initiatives- Overview of existing plans and policies
  6. Two Row Relationships

Site Overview

  1. Introduction- Location Summary
  2. Site History and Purpose- Brief History and Purpose Overview
  3. Special Designations- Listing of any special designations
  4. Ecosystem Context- Brief overview of the ecosystem
  5. Cultural Factors- Traditional Indigenous Use and Patterns
  6. Regional Conservation Plans and Initiatives- Summary of existing plans
  7. Ecological Threats and Problems- Summary of documentation
    1. Habitat loss and fragmentation
    2. Alterations to hydrology
    3. Siltation and Aquatic Ecosystems
    4. Invasive Species Introduction and Proliferation
  8. Physical Resources- Summary of Common Understandings
    1. Climate
    2. Geography and Topology
    3. Minerals
    4. Soils
    5. Hydrology
    6. Water Quality
    7. Air Quality
    8. Visual Resources- aesthetics/scenic vistas/landmarks
  9. Biological Resources- Summary of state of the following:
    1. Habitat
    2. Invasive and Non-invasive Plants
    3. Threaten and Endangered Plants
    4. Wildlife
  10. Cultural Resources- Summary of known Historic Properties, Archaeological Resources and culturally-significance sites/features
  11. Socioeconomic Environment- Summary of know current economic status
    1. Lane Use
    2. Demographics
    3. Employment
    4. Forestry
    5. Outdoor recreation in the Area
    6. Outdoor Recreation Economics
    7. Tourism- Summary of recreational and cultural tourism
    8. Transportation
    9. Cultural Setting- summary of cultural features, uses and educational interests
  12. Site Administration and Management
    1. land Protection and Conservation
    2. Visitor Services (hunting, fishing, wildlife observation, trails, environmental education, interpretation, user outreach and involvement)
    3. personnel, Operations, and Maintenance- Current agencies and personnel

Plan Development

  1. Planning process and Public Involvement- Record of Public scoping and formal consultations
  2. Summary of Issues, Concerns and Opportunities
    1. Fish and Wildlife Population Management
    2. Habitat Management
    3. Resource Protection
    4. Restoration
    5. Visitor Services
    6. Site Administration
  3. Wilderness Review- Areas managed to preserve its natural conditions to protect ecological, geographical, scientific, educational, scenic, and or historic value.

Management Direction

  1. Introduction
  2. Vision
  3. Goals, Objectives and Strategies
    1. Fish and Wildlife Population management
    2. Habitat Management
    3. Resource Protection
    4. Restoration
    5. Visitor Services
    6. Site Administration

Plan Implementation

  1. Introduction
  2. Proposed Projects
    1. Fish and Wildlife Population management
    2. Habitat Management
    3. Resource Protection
    4. Restoration
    5. Visitor Services
    6. Site Administration
  3. Funding and Personnel
  4. Partnerships/Volunteer Opportunities
  5. Monitoring and Adaptive Management
  6. Plan Review and Revision

Environmental Assessment Background

  1. Introduction- Plan prepared to guide management actions and direct and assess alternates to proposed actions
  2. Purpose and Need for the Action- To develop proposed action plan to achieve stated purpose, attains vision and goals for the site, help other understand reasons for actions
  3. Decision Framework- How decisions are to be made
  4. Planning Study Area- Outline of potential impact area
  5. Authority, Legal, Compliance and Compatibility- Impacting legal factors
  6. Public Involvement and the Planning Process

Affected Environment
Description of Alternatives

  1. Formulation of Alternatives
  2. Description of Alternatives
    1. Current Management (No action)
    2. Proposed alternative
    3. Moderately Expanded Program
  3. Features Common to all alternatives
  4. Alternatives Considered but Eliminated from Future Consideration
    1. Moderate Program Increases and Buffer Land Protection
    2. Optimum Program Increases and Buffer and landscape level Land Protection
  5. Comparison of the issues by Issue

Environmental Consequences

  1. Overview
  2. Effects Common to all Alternatives
    1. Environmental Justice
    2. Climate Change
    3. Other Management
    4. Land Acquisition or Loss
    5. Cultural Resources
    6. Site Revenue Sharing
    7. Other Effects
  3. Summary of Effects by Alternatives
    1. Alternative A- Current Management (No Action)
    2. Alternative B- Proposed Alternative
    3. Alternative C- Moderately Expanded Program
  4. Unavoidable Impacts
    1. Water Quality from Soil Disturbance /use of Herbicides etc.
    2. Wildlife Disturbance
    3. Vegetation Disturbance
    4. User Groups Conflicts
    5. Effects on Adjacent Landowners
    6. Land Ownership and site Development
  5. Cumulative Impacts
    1. Anticipated Impacts on Wildlife Species
    2. Anticipated Impacts on Site Programs, Facilities, Cultural Resources
    3. Environmental Justice, Environmental Resources and Surrounding Communities
  6. Direct and Indirect Effects and Impact
  7. Short term uses versus Long-term Productivity

Consulting and Coordination
APPENDICES Appendix A. Glossary- Definition of terms, acronyms and abbreviations Appendix B. References and Literature Citations- Listing of any reports, publications or sources of knowledge sited in the study Appendix C. Relevant Legal Mandates- Applicable Statutes, Policies and Mandates from both the Haudenosaunee Confederacy and the Crown Appendix D. Environmental Protection Consistency- Assurances that all relevant permitting processing have been followed. Appendix E. Appropriate use Determinations- Preliminary decision on whether or not to allow the proposed activity based upon the following:

  1. Do we have jurisdiction over use?
  2. Does the use comply with applicable existing laws and regulations?
  3. Is the use consistent with stated policies?
  4. Is the use consistent with the goals and objectives of the approved land use management plan?
  5. Has this been previously considered and denied, or approved?
  6. Is the use manageable in the future with existing budget and personnel?
  7. Will this be manageable in the future with existing resources?
  8. Does the use contribute to the public understanding and appreciation of the site’s natural or cultural features, or is the proposed use beneficial to the site’s natural or cultural resources.
  9. Can the use be accommodated without impairing existing wildlife-dependent uses or reducing the potential to provide quality, compatible, wildlife dependent recreation into the future?

Appendix F. Public Comment- Summary of Public Scoping Comments Appendix G. Compatibility Determinations- Is the proposed project compatible with other previously approved projects? Appendix H. Wilderness Review- The following questions should be addressed:

  1. Has the project area generally been influenced primarily by the forces of nature, with human imprint substantially minimal?
  2. Does this site have outstanding opportunities for solitude or unconfined types of recreation?
  3. Is the area of significant size to make preservation practical, or continue its use in an unimpeded condition?
  4. Is the area free from substantial logging, farming, grazing, or other extensive developments?
  5. Could its wilderness character be restored through appropriate management through time?
  6. Does the site contain ecological, geographical, or other features of scientific, educational, scenic, historic or cultural value?

Appendix I. Cultural Resources Review- Detailed summary of know Historic Properties, Archaeological Resources and culturally-significance sites/features Appendix J. Site Biota- Listing of all documented bird, mammal, reptile, amphibian, fish, and other aquatic organism that are known to currently exist within the site ecosystem.

LANDS POLICY

Haudenosaunee Land Use Agreements

Haudenosaunee Land Use Agreements are agreements that define a process for mapping out determinations of native title, future acts or acts associated with development proposals. Haudenosaunee Land Use Agreements (HLUAs) are the manifestation of three primary Haudenosaunee concepts:

  1. The Dish with One Spoon- We are to share equally in the bounty of land, provided that we only take what we truly need and respect the integrity of the ecosystem.
  2. The Trade and Commerce Principles established by the Covenant Chain, treaties and Best Practices of the past require a mutual benefit to any proposed land use.
  3. The Perpetual Care and Maintenance Fund- A community trust fund to subsidize Confederacy operations and long-term well-being programs for the Six Nations people.

Each HLUA is developed to be specific to a particular proposed land use, and is negotiated between at least two parties- the party wishing to use the land, and the Haudenosaunee interests, represented by the Council of Chiefs. The Provincial government may also be involved in the negotiations, or become involved subsequent to the agreement.

Land Use Principles

Any HLUA will be based on the following principles:

  • A spirit of cooperation and partnership
  • All partners contribute and agree to priority setting
  • Improved outcomes for communities, families and individuals at the local and regional levels.
  • Responsibilities and commitments are shared; by business, organizations, governments and Indigenous partners to achieve outcomes.
  • Outcomes are measurable.
  • Accountability requirements are clear.
  • Build capacity and strengthen governance.

Haudenosaunee Land Use Strategy

Haudenosaunee Land Use Agreements will focus on three strategic themes:

  • The promotion of sustainable agriculture and natural resource use to maintain the productivity, profitability and the sustainability of these resource-based industries;
  • The conservation of biodiversity through the protection and restoration of ecosystems; and
  • Individuals, industry and communities equipped with skills, knowledge and information, and supported by institutional frameworks that promote the conservation of biodiversity and sustainable agriculture production.
  • Residential programs to develop alcohol and drug-free communities.

Project Planning Assessments

Through more effective planning and service delivery mechanisms we can work together to plan productively for the future. This will require three important studies well in advance of any project implementation:

  1. Environmental Assessment- The Haudenosaunee Development Institute will provide a comprehensive review of the potential impacts of the proposed project upon the cultural landscape- both the physical features and the cultural properties.
  2. Cultural Resource Assesment- The Haudenosaunee Development Institute will provide a comprehensive review of the potential impact of the proposed project on the cultural resources important to the Haudenosaunee
  3. Quality of Life Assesment- The Haudenosaunee Development Institute will provide a comprehensive review of the potential social and economic impacts of the proposed project to assure that any such project will contribute to the long-term well being of the communities along the Grand River watershed.
  • Areas of ConcernWe seek to protect Haudenosaunee heritage sites. Our ability to access sacred sites, culturally-significant sites, traditional places for hunting, fishing, trapping and gathering must not be infringed by any development. We want to work with developers and regional associations to identify such places well in advance of proposals.

We will seek to protect Native threatened species and ecological communities with their status in the landscape affected to the extent that their population viability is at risk. Specifically, we are concerned about national endangered or vulnerable species and ecological communities.

We will seek to protect migratory species and wetlands. Migratory species are recognized with international conventions to which Canada is a signatory. Wetlands, which help to clean the waters, are also important and we seek to protect the entire watershed that feeds into those wetlands. We are less inclined to consider 1 to 1 substitutions to wetlands, and prefer to avoid any disturbance.

The proposal that provide a realistic and measurable “green” agenda associated with the nature of the project will be viewed most favourably. We are willing to work with developers on defining those green standards, strategies and approaches. While these may require additional expenditures on the part of the developer, it will be considered one of the “benefits” of the project to overall well-being.

The following specific objectives, consistent with the Haudenosaunee Green Plan, were developed to guide investment strategies:

  • To promote sustainable resource use, particularly sustainable agriculture
  • To protect and improve condition of land, water (including groundwater) and vegetation resources that provide the ecosystem services that support sustainable resource use industries
  • To improve the water quality and environmental condition in surface and ground water systems, including wetlands and estuaries, while maintaining the economic and social values derived from water use
  • To protect our ecosystems and the Carolian environment
  • To reverse the decline in the extent and quality of native vegetation and maintain and restore habitat for flora and fauna
  • To protect and manage places and values of national environmental significance, including threatened species and communities, listed migratory species, heritage areas and heritage places
  • To promote Haudenosaunee community participation in the planning and delivery of outcomes

Criteria for Reviewing Proposals

The Haudenosaunee review process will follow the “Building a Strong Foundation” approach used in the City of Hamilton’s Planning and Economic Development Department, which includes the following “Nine Directions” to guide development:

Direction #1- Encourage a compatible mix of uses in neighbourhoods that provide opportunities to live, work and play.

Direction #2- Concentrate new development within existing built-up areas and within a firm urban boundary.

Direction #3- Protect rural areas for a viable rural economy, agricultural resources, environmentally sensitive recreation and enjoyment of the rural landscape.

Direction #4- Design neighbourhoods to improve access to community life.

Direction #5- Retain and attract jobs in regional strength areas and in targeted new sectors.

Direction#6- Expand transportation options that encourage travel by foot, bike and transit and enhance efficient inter-regional transportation connections.

Direction #7- Maximize the use of existing buildings, infrastructure and vacant or abandoned land.

Direction #8- Protect ecological systems and improve air, land and water quality.

Direction #9- Maintain and create attractive public and private spaces and respect the unique character of existing buildings, neighbourhoods and settlements.

  • Community Participation

The applicant must submit a plan for community/public consultation to assure that local stakeholders are aware of, and supportive of, the project plans.

Land Title Statement

Land Title- Two Row/Silver Covenant Chain

The ability to use, occupy, possess land and to right to legislate with respect to land, subject to Haudenosaunee obligations to the land, treaty obligations, and the general commitment to impair as minimally as possible, the property rights of ‘others’.

NOT fee simple

NOT personal usufructury

NOT lease

NOT rent

NOT easement

NOT doctrine of discovery ‘terra nullius’

NOT Royal Proclamation 1763- if not already Crown, that only surrender to Crown-Delga

“occupy” – physical ability to situate ‘yourself’ in a certain space

“possess” – exclude others from using

“legislate” – internal regulation- economy, environment, social planning

“treaty obligation” – 1768 Fort Stanwix etc.

“land” – water, air, surface, sub-surface, other

“unsufructury” – land held in common, ploughs depth, use it but can’t damage

Land Bank

(Butterfly Concept)

Haudenosaunee Title Office (HTO) (CNP) – Charity – Canadian Non Profit

-Registry -Canadian Title

-Run with Haud. Title -Band Council

-Fence watchers -Held in trust for Haudenosaunee

LAND ISSUES PRINCIPLES

In any land issues, we want it understood that the following principles will govern any actions taken by the Haudenosaunee Council of Chiefs of the Grand River Territory:

  1. The land is sacred to us. It defines our identities, belief system, languages and way of life.
  2. We hold the aboriginal and treaty title to our lands collectively.
  3. Our treaty relationship with the Crown is still alive and in force and directs our conduct in our relationship to Canada. Within this relationship, the terms of the treaties continue to bind both our government and the Crown
  4. We require a careful accounting for the Crown’s dealing with our lands, and the return of any lands that were improperly or illegally taken from our ancestors.
  5. We require an accounting for the Crown’s dealing with our lands, and the return of any lands that were improperly or illegally taken from our ancestors.
  6. It is not only within the context of our treaty relationship with the Crown that we see justification for such accounting and restitution. Canadian and international law is clear on the right of the Haudenosaunee to see justice on these matters.
  7. In any agreements with the Crown concerning land our goal is to promote and protect a viable economy for our people on our land- an economy that will be culturally appropriate, environmentally sustainable, and not injurious to our people and our neighbours.
  8. Our fundamental approach is that Six Nations lands will come under the jurisdiction, management and control of Six Nations people. The federal and provincial governments must not impose jurisdictional, policing, taxation, and/or economic activities as part of the land rights settlement.

Our people, our laws, and our government have survived by being thoughtful, respectful, diligent and practical. In our relations with the Crown, and in any negotiations concerning land and the resolution of land-related issues, we will continue to apply those principles.