Joint Clan Mandate

The official, signed November 18, 2012 Tulsequah Chief Project Joint Clan Mandate will not be made available to the general public.

Below is the Mandate which was Moved, Seconded and passed by consensus by the Joint Clan Forum.

JOINT CLAN MEETING MANDATE

November 18th, 2012

ATLIN, BRITISH COLUMBIA

Whereas:

 

 

Chieftain Metals Inc. was not able to properly design and effectively manage the Interim Water Treatment Plant which resulted in its premature shutdown after only a couple months of being fully operational, resulting in breach of their discharge permits for the Water Treatment Plant;

Whereas:

Chieftain Metals Inc.  is currently allowing the continued pollution of our waters from the old mine drainage, and are now in breach of their commitment to the TRTFN to keep the Water Treatment Plant operating;

Whereas:

The TRTFN will not consider a proposed mining project for approval while a mining proponent is in breach of commitment(s) to the TRTFN or in non-compliance with BC and/or federal environmental regulations;

Whereas:

Chieftain Metals Inc. has not demonstrated that they possess the wherewithal to plan, execute and effectively manage the complexities of the entire Tulsequah Chief Project, as they have proven they are unable to achieve this with the much smaller and less complex Water Treatment Plant;

Whereas:

Chieftain Metals Inc. has not yet completed or released a bankable feasibility study demonstrating that the project is economically feasible, which is currently one year behind the originally projected timeline;

Whereas:

The province of BC continued to move forward with the Environmental Assessment despite TRTFN’s inability to remain involved in the Environmental Assessment Office and Northwest Mine Development Review Committee’s review processes;

Whereas:

The Ministers signed off on Chieftain Metals Inc.’s amendment application to the Environmental Assessment Office despite TRTFN’s requests that all decisions for the proposed Tulsequah Chief Project be suspended until such time as Chieftain Metals Inc. is no longer in breach of their Water Treatment Plant permitting conditions and has completed their Feasibility Study;

Whereas:

Chieftain Metals Inc. has held fast on an inadequate amount of dollars to be included in our Impacts, Mitigation & Mutual Benefits Agreement which is not at par with other Impacts & Benefits Agreements recently negotiated elsewhere in Canada and, further, the dollars offered may not be sufficient to cover TRTFN costs for having this proposed project on Taku River Tlingit Territory, let alone provide financial benefit to the TRTFN;

Whereas:

Chieftain Metals Inc. has not proposed adequate terms for the Impacts, Mitigation & Mutual Benefits Agreement regarding commitments for TRTFN corporations and businesses to obtain large-scale contract work for the proposed project;

Whereas:

BC has stated the Accommodation Package (required by the TRTFN in our TRTFN Mining Policy) will only be considered within BC's currently proposed Economic Community Development Agreement (i.e. Revenue Sharing Agreement between TRTFN and BC), while the TRTFN remains opposed to this approach;

Whereas:

There is no evidence that Chieftain Metals Inc. has anywhere near the finances required to execute their proposed project and they may not obtain this in the future, which creates a very real risk that Chieftain Metals Inc. will be unable to finish what they start, resulting in further and greater damage to Taku River Tlingit lands, air and water;

Whereas:

Chieftain Metals Inc. provided a technically deficient application for an Environmental Assessment Certificate amendment.  They have been unable to properly execute and manage the Water Treatment Plant, and further have not yet completed a bankable Feasibility Study, all of which makes it nearly impossible for the TRTFN effectively assess whether or not Chieftain Metals Inc. will practice financially & environmentally responsible development of its proposed project in Taku River Tlingit Territory;

Whereas:

BC has, without consultation or even notification to the TRTFN, determined that the Tulsequah Chief Project has been 'substantially started', thereby giving permanent life to the Project for however long into the future it takes someone to complete the Tulsequah Chief Project, and having made this determination despite the fact that the Project has not been substantially started;

Whereas:

The TRTFN will only consider financially & environmentally responsible mining projects for approval;

Whereas:

The currently proposed Tulsequah Chief project is now one year behind the originally projected timeline and, therefore, the TRTFN do not have the dollars to complete the assessments, negotiations and agreements required to consider an approval of the proposed Tulsequah Chief Project;

Whereas:

The Province of BC and Chieftain Metals Inc. are either unable or unwilling to provide the necessary funds for the TRTFN to complete all assessments and work for the proposed Tulsequah Chief Project;

Whereas:

TRTFN can only approve mining projects that, among other requirements, have received an acceptable environmental assessment that the TRTFN has fully participated in, and have an acceptable final draft Accommodation Agreement with the Crown that can be ratified by the JCM Forum, which are not before us and are not likely to be in the foreseeable future; and,

Whereas:

There are additional issues which the TRTFN is opposed to for the currently proposed Tulsequah Chief Project and this JCM Mandate is not intended to be an exhaustive list.

Therefore be it resolved:

 

The TRTFN JCM Forum cannot approve several aspects of the Tulsequah Chief Project as currently proposed, including the reasons stated above and, therefore, the JCM Forum opposes the currently proposed Tulsequah Chief Project.

The JCM forum is directing the TRTFN Leadership to act on this JCM Mandate and take all necessary steps to ensure that the Tulsequah Chief project, as currently proposed, is not developed on Taku River Tlingit Territory.

 

Moved By:

 

Seconded By:

 

 

PASSED BY CONSENSUS ON November 18th, 2012

 

 

 

 

Spokesperson, John D Ward