Overview, August 31, 2005

Why:
Secure economic opportunities for T8 First Nations to:

• Receive Revenues for Development on T8 Lands and Resources
• Participate in Resource Management
• To include and protect T8 FN's Interests and Values
• Assist with Community Development for long-term stability and protection

Who:
Treaty #8 First Nations (Doig River, Halfway River, Prophet River, Saulteau, West Moberly and Fort Nelson First Nation) and various Ministries in BC.

Where:
The Treaty #8 area in British Columbia. (BC does not agree with the historical western T8 boundary).

When:

Mar. 10, 2004	BC presents 1st (first) EBA offer to 7 T8 FNs for one year term.		1st (first) offer rejected by T8 FNs.
Jan. 12, 2005	BC presents 2nd (second) offer of X $'s for 15 year term with fiscal payments.	Compensation for present and future infringements and not past, specific to treaty rights, BC version of western boundary, pay to implement resource management agreement, limiting civil and treaty rights and relationship with industry, no binding arbitration, no hydro, forestry harvesting for 5 years.	T8 FNs take a detailed look over 2nd offer agreement to evaluate.
Mar. 10, 2005	T8 FNs reject 2nd (second) offer by with a counter offer presented to BC with X $'s for 20 year term with quarterly payments.	No compensation in EBA (want to separate issue with specific agreement), specific to treaty and aboriginal rights, BC version of western boundary with retro payments and penalty if area proven to be larger, 0.5 mill per completed agreement, litigate or negotiate on treaty and aboriginal rights, relationship with industry, binding arbitration, hydro, forestry harvesting for 20 years.	BC takes detailed

How:
T8FNs participate, at various levels, in Resource Management
Revenue Sharing and Revenue Generation
Cumulative Effect Management
Full Consultation and Accommodation of T8 FN's

WHEREAS:
Treaty 8 First Nations will establish a Treaty 8 Trust for the purpose of receiving and investing Equity Payments and Economic Benefit Payments;
British Columbia and the Treaty 8 First Nations are seeking mutually acceptable reconciliation with respect to Section 35(1) Rights that may be impacted by activities that fall within provincial jurisdiction, without prejudice to each Party's interpretation of Treaty No. 8

THEREFORE:
The Parties are entering into this agreement to:
Establish a new and ongoing relationship founded on the basis of mutual respect and understanding; and Resolve, for the term of the Agreement, the Outstanding Issue of Revenue Generation, including revenue-sharing and economic benefits.

THE PARTIES (T8 & BC) UNDERSTAND AS FOLLOWS:

Economic Benefit Agreement	BC Offer July 20, 2005	Treaty 8 Counter Offer August 3, 2005
TERM of Agreement	15 Year Term	15 Year Term
Treaty Rights	Sec 35(1) Rights, but not to be construed as an acceptance of, nor admission by BC or T8FNs of the Party's interpretation of Sec 35(1) Rights	Section 35(1) Rights Means existing rights of the Treaty 8 First Nations as recognized and affirmed by Sec 35(1) of the Constitution Act, 1982
Geographic Area	BC Interpretation of T8 Territory and if area proven to differ then Consultation process apply to new area and Negotiate and attempt to reach agreement on changes, if any, to EBA	Use BC interpretation of Treaty 8 Territory initially to facilitate implementation issues, and if proven different then Consultation and accommodation processes apply to new area Economic benefits calculations apply to whole area and Negotiate any other changes that may be necessary.
Payments	Implement EBA ASAP Equity of payment upfront and additional payment upon completion of remaining agreements (ie: Resource Mgmt Agreements) Annual Payments Interim consultation is status quo (remains the same) Amend list of set aside topics in Negotiation Protocol Agreement to include "Consultation" "In exchange" concept as in earlier offer (no change)	Implement EBA ASAP Initial Equity payment on signing (increased $$ amount) and additional payment upon completion of remaining agreements Annual payments (increased amount) Interim consultation under minimal model, with T8 default process effective April 2007 if no other default consultation process agreed to.
Payment Schedule	Quarterly payments with reconciliation in fourth quarter	Quarterly payments with reconciliation in fourth quarter
If a First Nation Withdraws	Payments will be reduced by 1/7	Quarterly payments reduced
Repayment upon a Withdrawal	Initially BC wanted repayment of equity dollars upon a withdrawal of a First Nation; they have since agreed to no withdrawal on equity payments.	No repayment of equity if a First Nation withdraws. No repayment of equity if either party terminates the agreement early.
Working to resolve acts of intentional interference	T8 to respond to BC to initiate discussions regarding acts of intentional interference & Parties to work together to resolve issues.	Joint responsibility to discuss where something may jeopardize agreement
Costs of implementing completed agreements	BC wants T8 to "Pay to Play" meaning that the implementation of all agreements excluding the oil & gas MOU will up to T8 to fund with the $$$ from this Economic Benefits Agreement	We agree if there is additional $$$ for each completed agreement, annually
Indemnification	Indemnification	No indemnification clause
Encouraging acts of intentional interference	No encouragement on acts of intentional interference	No support on acts of intentional interference & no support or encouragement on infringement of sec 35(1) Rights.
Request for additional fees	No request for fees from industry or Government.	No demands for involuntary fees from industry
Impact Benefits Agreements (IBA)	No IBA's	Does not preclude the negotiation of IBA with industry.
Binding arbitration	No binding arbitration	Voluntary binding arbitration.
Challenging the Crown (litigation)	Discretion to terminate if: T8 challenges Crown authorized activity based on treaty rights FN's withdrawal Failure to conclude remaining agreements. Specific completed agreements terminated or not renegotiated.	Treaty 8 can litigate: Western Boundary of T8 (already filed) Compensation for past infringements and Crown authorization of unjustified infringements Without breaching agreement.
Scope of EBA	EBA covers compensation, but not including compensation for alleged past infringements of sec 35 rights for the term of the agreement.	Compensation not covered in the EBA. Compensation is a separate topic for negotiation under the NPA.
Hydro	Not dealing with Hydro	Side Table to be established to deal with Hydro issues, possibly under water issues. Site "C" would constitute a mega project and require a distinct consultation process
Forestry Forest Range Agreement (FRA)	600,000 m3 over 5 years FRA or similar agreement required. Subject to individual T8FN's taking portions of offer.	600,000 m3 per year for 20 years. No FRA or other political agreement attached to the economic opportunity.
Revenue Generation & Next Steps	Contribution Agreement for the development of a "Wind Generation Project" supported by BC. There is a need for a Treaty 8 Development Corporation to grow revenue for future generations. The development of a Trust is required ASAP. Once this EBA gets signed BC requires the Trust to channel the revenue through. Communities need to ratify the terms of the Trust ASAP.
Notes	The EBA offer tabled by BC will have to be sufficient for us to implement negotiated agreement such as the Parks Agreement, etc. How we manage this money and how we invest this money will be crucial. We need to be wise. We have sought advice from Economists & Planners to set up a Trust model that will meet our needs and build an economic plan to sustain our future. Legal Counsel was utilized throughout the entire Negotiations process to ensure protection of our interests. This agreement will help us to implement our land management plans not only in our back yard, but across T8 BC. It will also give us the opportunity to become self-sufficient, both individually as Treaty 8 Members and collectively as Nations within Treaty 8 Territory, a powerhouse to be reckoned with.

Please note, this agreement has not been signed.