Mohawk Council of Akwesasne Announces Ontario Power Generation proposed settlement terms

Akwesasne, ONTARIO — The Mohawk Council of Akwesasne (MCA) announced that their negotiating team has successfully completed negotiations and received a Proposed Settlement to its claim with the Ontario Power Generation (OPG), formerly part of Ontario Hydro. The settlement proposal addresses past grievances associated with the construction and operation of the R.H. Saunders Generating Station and related facilities.

“The Proposed Settlement is an historic opportunity that concludes 15-years of good faith efforts to address the past wrongs and to develop a positive working relationship,” stated Grand Chief Tim Thompson. “The involvement of countless community members and elders over the years has resulted in a proposal that we look forward to discussing with members of the Akwesasne community,” he added.

In 1954, the federal governments of Canada and the United States agreed to the construction of the St. Lawrence Seaway and Power Project. The aim of the joint project was to harness the remaining potential for hydro-power of the St. Lawrence River System and to create favorable conditions for inland navigation of ocean-going vessels. Three large dams were constructed to tame a 90-foot drop at the Long Sault Rapids and harness the river’s full power.

The construction and operation of the R.H. Saunders Generating Station impacted the traditional territory used by the Mohawks of Akwesasne, as well as impacted our way of life and the ability to exercise certain aboriginal and treaty rights. Ten islands belonging to Akwesasne were flooded to create the head pond for the power dam. It was the wrongful taking of the islands that are at the heart of the OPG Claim.

Kanatakon District Chief and Ontario Hydro Portfolio Chair Larry King noted, “When the R.H. Saunders Generating Station was built the Akwesasne community did not receive full compensation for the facility’s construction and operation.” Chief King added, “The Proposed Settlement addresses our past grievances and includes provisions for rehabilitation and opportunities to work cooperatively on making future improvements to Akwesasne’s infrastructure. The Settlement provisions will also allow our community to bring a resolution to other local issues, such as exploring the possibility of using the compensation to continue examining the feasibility of a ferry service to provide a safe and secure passage of community members across the St. Lawrence River.”

The major settlement terms for the Mohawks of Akwesasne that are subject to community ratification are as follows:

Aboriginal Title, Aboriginal Rights and Treaty Rights

• Protection rights or claims against the Government of Canada for the construction, operation and maintenance of the St. Lawrence Seaway, including the highway and bridge facilities that cross Kawehnoke (Cornwall Island)

• Protection of rights and claims against the Government of Ontario and its Ministries, the United States Government, the State of New York, the New York Power Authority, or any person or entity asserting proprietary interest in human remains and cultural artifacts removed from Sheek Island.

Apology

• A formal apology will be issued by OPG to acknowledge its regret for the disregard of the Mohawks of Akwesasne

Compensation

• $20,363.520 (CAD up front)

• $2,560,000 (CAD) per year for 10 years

(Total of $45,963,520 (CAD))

Transfer of Islands

• Adams, Toussaint, Presquile and Sheek Islands shall be placed into the Additions to Reserve Process (ATR) for conveyance back to the Mohawks of Akwesasne as reserve lands

 Present Facilities and Ongoing Operations

• Protection of MCA’s right to be consulted when there is a potential impact on the aboriginal or treaty rights of the Mohawks of Akwesasne

 Environmental Stewardship

• OPG shall establish a process to work with MCA to explore mutually beneficial environmental stewardship opportunities

• OPG will participate in a forum to discuss erosion concerns downstream of the R.H. Generating Station

Employment

• A recruitment strategy shall be developed to have a representative workforce from the Mohawk of Akwesasne Contracting

• A process shall be established to identify and document contracting opportunities for suppliers and service providers

Power Supply

• Ability to consult with OPG with respect to advice, guidance, in-kind services and support on MCA’s energy initiatives

New Power Development

• OPG agrees to consult on any significant changes that may potentially impact the Mohawks of Akwesasne

• Parties agree to use commercially reasonable efforts to negotiate a mutually beneficial business arrangement for the development of any additional hydro power in the traditional territory of the Mohawk of Akwesasne

Potential Sale of OPG Facilities

• MCA will be given fair and equal opportunity and consideration to bid on the sale or lease of the Facilities in public offerings

Ratification

The Mohawk Council of Akwesasne and the Ontario Power Generation at the conclusion of the Proposed Settlement Negotiations agreed with the signing of a joint letter between the lead negotiators to seek ratification from their respective parties. In doing so, MCA will hold a referendum on Saturday, June 14, 2008 to seek ratification of the settlement terms by a majority of eligible voters. This will allow MCA the required time needed to undertake a comprehensive community education/consultation process to properly inform its membership about the settlement terms.

Over the next several months, informational meetings, mail outs, radio talk shows, public postings, and other media tools will be used to share information with membership. It is expected that an informational booklet that will include a full copy of the settlement terms will be mailed to community members within the next few weeks.