{"id":709,"date":"2023-05-10T17:55:43","date_gmt":"2023-05-10T21:55:43","guid":{"rendered":"https:\/\/pressbooks.bccampus.ca\/landuseplanninginbc\/chapter\/__unknown__\/"},"modified":"2026-04-01T15:23:08","modified_gmt":"2026-04-01T19:23:08","slug":"fn-reserve_app_mlib-proposal","status":"publish","type":"chapter","link":"https:\/\/pressbooks.bccampus.ca\/landuseplanninginbc\/chapter\/fn-reserve_app_mlib-proposal\/","title":{"raw":"Application. Proposal for Development","rendered":"Application. Proposal for Development"},"content":{"raw":" \r\n
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Assigned task\r\n<\/strong><\/h2>\r\n<\/header>\r\n
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The McLeod Lake Indian Band (MLIB) is considering a proposal, with three options, from a non-member, off-reserve private developer to develop the McLeod Lake Indian Band Sas Mighe[footnote]Pronounced as mee-way.[\/footnote] IR32 (Bear Lake).\u00a0 The proposal has both benefits and costs to the Band.<\/p>\r\n

The MLIB Land Management Committee is considering three options under which they would proceed with the residential subdivision.\u00a0 The Committee has hired you, as an external consultant with expertise in First Nations Reserve land use planning, to advise them.\u00a0 You are to review the options and present a report to the Committee.<\/p>\r\n

In your professional report (not to exceed 1,000 words) you are to:<\/p>\r\n

a) Identify advantages and disadvantages of each option.\u00a0 Consider the extent to which each option satisfies the interests of the developer, specifically in terms of tenure security and transaction costs, such that they remain an interested partner.<\/p>\r\n

b) Recommend one of the three options, with a rationale for your decision.\u00a0 Present any conditions that you would add to your recommended option that you deem necessary to protect the Band\u2019s interests while retaining the interest of the developer.\u00a0 Assume that any conditions will include trade-offs for both parties that must be considered from both parties\u2019 perspectives (e.g., if MLIB asks for something more as part of the agreement, they must be willing to offer something in return to the developer)..<\/p>\r\n

Demonstrate that your analysis of the options and recommendation are consistent with the McLeod Lake Indian Band Land Code, 2022<\/em><\/a> and McLeod Lake Indian Band 2021 Land Use Plan<\/em><\/a>.\u00a0\u00a0Wherever appropriate, substantiate your views with specific references to sections of relevant land policies.<\/p>\r\n\r\n<\/div>\r\n<\/div>\r\n \r\n

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A private developer has approached the McLeod Lake Indian Band Council about developing residential units on Sas Mighe IR32 located at Bear Lake, as shown in Map 1.\u00a0 In the MLIB Land Use Plan, Sas Mighe IR32 is described, in part, as follows:<\/p>\r\n

With access off the highway via Davie Lake Road, this site offers potential for highway commercial, residential, RV camping, cultural camps, tourism and agricultural uses such as a greenhouse or nursery.[footnote]McLeod Lake Indian Band 2021 Land Use Plan<\/em>, p. 47.[\/footnote]<\/p>\r\nAfter the Land Use Plan was approved, a gravel pit was developed in the area designated for resource development.\r\n

According to preliminary designs based on current land designations, the development can provide up to 50 new housing units.<\/p>\r\nThe Band is interested in the proposal because of two short-term needs.\r\n

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  1. The Band needs 25 housing units, preferably at Sas Mighe IR32, to meet the needs of its members.<\/li>\r\n \t
  2. The band is interested in commercial development on or nearby Sas Mighe IR32. Any commercial development will require at least a $4 million investment.<\/li>\r\n<\/ol>\r\n

    The MLIB Land Code includes rules and procedures for granting property interest on Reserve lands, but does not detail which tenure types will be administered or where.\u00a0 As no individual member of McLeod Lake Indian Band has claimed or been granted rights to Sas Mighe IR32 land, interest in the subject area is held communally.\u00a0 Currently, it is possible that a variety of tenures could be granted to facilitate the development of Bear Lake, with each tenure composed of different bundles of rights for the developer and the Band.<\/p>\r\n \r\n

    Map 1.\u00a0 Sas Mighe IR32:\u00a0 Land Use Designations\r\n<\/strong><\/p>\r\n\r\n\r\n[caption id=\"attachment_1178\" align=\"alignnone\" width=\"782\"]\"MLIB Source: McLeod Lake Indian Band 2021 Land Use Plan.[\/caption]\r\n\r\n<\/div>\r\n

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    The developer, who is well versed in First Nations land tenure, has proposed three options for the Band Council to consider.\u00a0 All options are feasible.\u00a0 MLIB has experience with all the types of options proposed by the developer.<\/p>\r\nSources of revenues for the Band from property taxes should be considered for each option.\r\n\r\n \r\n

    Reserve Land Exchange <\/strong><\/h2>\r\nThe Framework Agreement allows for alienation of MLIB Reserve lands where compensation is provided in the form of other land that is to become First Nation reserve land.\u00a0 Other compensation may include land that will not become First Nation Reserve land.\u00a0 The developer has submitted a draft terms of reference, which would include compensation in the following forms:\r\n