Common use of Access to Lands Clause in Contracts

Access to Lands. 5.1 Consistent with the Additions to Reserve/Reserve Creation Policy, the Mohawks of ▇▇▇▇▇▇▇▇▇ agree not to unreasonably withhold consent to the necessary permits under the Indian Act to authorize the use and occupation of the land set apart as reserve pursuant to Section 4.0 for the purpose of servicing, repairing or maintaining infrastructure for which Canada or a third party is responsible. The Mohawks of ▇▇▇▇▇▇▇▇▇ agree that permits will be issued by the Minister with the consent of the Mohawks of Akwesasne to certain institutions with structures located on lands being returned to the Mohawks of Akwesasne, as detailed in the following paragraphs. Block 1 Lands 5.2 Without limiting the generality of Subsection 5.1, as soon as reasonably possible after the setting apart as reserve of the Block 1 Lands, the Mohawks of Akwesasne agree to provide the Minister of Indigenous Services with a Mohawk Council Resolution requesting the issuance of a permit, under the Indian Act, the terms of which will have been agreed as between the MCA and the respective permittees, and be satisfactory to the Minister of Indigenous Services, to allow: (a) Bell Canada to continue to use, occupy and to gain access to Bell Canada infrastructure on the Block 1 lands for the purposes of operating, servicing, repairing and maintaining such infrastructure. The Mohawks of ▇▇▇▇▇▇▇▇▇ agree that the permit fee will be consistent with existing permits for communications infrastructure on Cornwall Island; (b) The Department of Fisheries and Oceans and the Canadian Coast Guard access to the two navigation beacons on the south shore of Cornwall Island for maritime navigation and naval safety and security purposes. The term of the initial permit will be up to five years renewable for consecutive five-year terms. The Mohawks of ▇▇▇▇▇▇▇▇▇ agree that the permit fees will be consistent with existing permits for navigation aids on Cornwall Island. The Mohawks of Akwesasne will consent to a permit to be issued by the Minister to Bell Canada for its existing poles and wires that are in the Block 1 Lands. The Mohawks of Akwesasne will consent to a permit to be issued to Fisheries Canada and the Coast Guard for the navigation aids located on the south shore of Kawehnoke on the usual terms for such permits. ▇▇▇▇▇▇▇ Island 5.3 Further, without limiting the generality of Subsection 5.1, immediately upon the setting apart as reserve portions of ▇▇▇▇▇▇▇ Island, the Mohawks of Akwesasne agree to provide Canada The Mohawks of Akwesasne will consent to a permit to be issued to Fisheries Canada and the Coast Guard for a small lighthouse on the north with a Mohawk Council Resolution consenting to the grant of a permit under the Indian Act to allow the Department of Fisheries and Oceans and the Canadian Coast Guard access to the lighthouse for maritime navigation and naval safety and security purposes. The term of the initial permit will be up to five years renewable for consecutive five-year terms. The Mohawks of ▇▇▇▇▇▇▇▇▇ agree that the permit fees will be consistent with existing permits for navigation aids on ▇▇▇▇▇▇▇ Island. shore of ▇▇▇▇▇▇▇ Island, on the usual terms for such permits. Western Islands 5.4 Further, without limiting the generality of the Subsection 5.1, immediately upon the setting apart as reserve ▇▇▇▇▇▇▇▇▇ Island (part of the Western Islands), the Mohawks of Akwesasne agree to provide Canada with a Mohawk Council Resolution consenting to the grant of a permit under the Indian Act to allow the Department of Fisheries and Oceans and the Canadian Coast Guard access to the lighthouse for maritime navigation and naval safety and to maintain two beacons. The initial term of the permit will be up to five years renewable for consecutive five-year terms. The Mohawks of ▇▇▇▇▇▇▇▇▇ agree that the permit fees will be consistent with existing permits for navigation aids. The Mohawks of Akwesasne will consent to a permit to be issued to Fisheries Canada and the Coast Guard for navigation aids along the south shore of ▇▇▇▇▇▇▇▇▇ Island, on the usual terms for such permits.

Access to Lands. 5.1 Consistent with the Additions to Reserve/Reserve Creation Policy, the Mohawks of ▇▇▇▇▇▇▇▇▇ agree not to unreasonably withhold consent to the necessary permits under the Indian Act to authorize the use and occupation of the land set apart as reserve pursuant to Section 4.0 for the purpose of servicing, repairing or maintaining infrastructure for which Canada or a third party is responsible. The Mohawks of ▇▇▇▇▇▇▇▇▇ agree that permits will be issued by the Minister with the consent of the Mohawks of Akwesasne to certain institutions with structures located on lands being returned to the Mohawks of Akwesasne, as detailed in the following paragraphs. Block 1 Lands . 5.2 Without limiting the generality of Subsection 5.1, as soon as reasonably possible after the setting apart as reserve of the Block 1 Lands, the Mohawks of Akwesasne agree to provide the Minister of Indigenous Services with a Mohawk Council Resolution requesting the issuance of a permit, under the Indian Act, the terms of which will have been agreed as between the MCA and the respective permittees, and be satisfactory to the Minister of Indigenous Services, to allow: : (a) Bell Canada to continue to use, occupy and to gain access to Bell Canada infrastructure on the Block 1 lands for the purposes of operating, servicing, repairing and maintaining such infrastructure. The Mohawks of ▇▇▇▇▇▇▇▇▇ agree that the permit fee will be consistent with existing permits for communications infrastructure on Cornwall Island; ; (b) The Department of Fisheries and Oceans and the Canadian Coast Guard access to the two navigation beacons on the south shore of Cornwall Island for maritime navigation and naval safety and security purposes. The term of the initial permit will be up to five years renewable for consecutive five-year terms. The Mohawks of ▇▇▇▇▇▇▇▇▇ agree that the permit fees will be consistent with existing permits for navigation aids on Cornwall Island. The Mohawks of Akwesasne will consent to a permit to be issued by the Minister to Bell Canada for its existing poles and wires that are in the Block 1 Lands. The Mohawks of Akwesasne will consent to a permit to be issued to Fisheries Canada and the Coast Guard for the navigation aids located on the south shore of Kawehnoke on the usual terms for such permits. ▇▇▇▇▇▇▇ Island . 5.3 Further, without limiting the generality of Subsection 5.1, immediately upon the setting apart as reserve portions of ▇▇▇▇▇▇▇ Island, the Mohawks of Akwesasne agree to provide Canada The Mohawks of Akwesasne will consent to a permit to be issued to Fisheries Canada and the Coast Guard for a small lighthouse on the north with a Mohawk Council Resolution consenting to the grant of a permit under the Indian Act to allow the Department of Fisheries and Oceans and the Canadian Coast Guard access to the lighthouse for maritime navigation and naval safety and security purposes. The term of the initial permit will be up to five years renewable for consecutive five-year terms. The Mohawks of ▇▇▇▇▇▇▇▇▇ agree that the permit fees will be consistent with existing permits for navigation aids on ▇▇▇▇▇▇▇ Island. shore of ▇▇▇▇▇▇▇ Island, on the usual terms for such permits. Western Islands . 5.4 Further, without limiting the generality of the Subsection 5.1, immediately upon the setting apart as reserve ▇▇▇▇▇▇▇▇▇ Island (part of the Western Islands), the Mohawks of Akwesasne agree to provide Canada with a Mohawk Council Resolution consenting to the grant of a permit under the Indian Act to allow the Department of Fisheries and Oceans and the Canadian Coast Guard access to the lighthouse for maritime navigation and naval safety and to maintain two beacons. The initial term of the permit will be up to five years renewable for consecutive five-year terms. The Mohawks of ▇▇▇▇▇▇▇▇▇ agree that the permit fees will be consistent with existing permits for navigation aids. 5.5 Should a major capital upgrade of the South Channel Bridge be required at some indeterminate point in the future, Canada will consult with the Mohawks of Akwesasne on the project. The Mohawks of Akwesasne will consent to a permit to be issued to Fisheries Canada and the Coast Guard for navigation aids along the south shore of ▇▇▇▇▇▇▇▇▇ Island, agree that they will not unreasonably withhold consent to providing Canada with the access to the reserve lands necessary to replace or reposition the bridge. When considering development on the usual terms for reserve lands adjacent to the South Channel Bridge, the Mohawks of Akwesasne will take steps to ensure the new development would not unduly interfere with Canada’s ability to replace or reposition the bridge. The intention is not to affect facilities and improvements existing on reserve lands as at the Effective Date. 5.6 Should Canada ever consider privatization of the Seaway International Bridge Crossing, the Mohawk Council of Akwesasne will be consulted and its interest in such permitsmatters will be considered.