SAND AND GRAVEL. 30.1 The Lessee will not, without the prior written consent of the Band Council and the Minister pursuant to section 58(4) of the Indian Act, remove or allow the removal of any gravel, sand, xxxxx, xxxx or other material forming part of the Lands except where necessary for carrying out the purpose permitted by section 8.1 hereof and provided such removal is not in breach of any other provision of this Lease.
SAND AND GRAVEL. 7.5.1 Notwithstanding anything in this Agreement, if Government requires sand and gravel and other like construction materials from Cree Lands for public purposes but the GDO refuses to permit Government to take the said materials, Government may refer the matter to Arbitration for the purposes of obtaining an entry order enabling the removal of such material.
7.5.2 The Arbitrators shall grant an entry order only if they determine that:
a) the materials are required for public purposes and no alternative supply is reasonably available; and
b) no competing Cree need for those materials in that location then exists and no alternative supply for that need is reasonably available.
7.5.3 If an entry order is granted, Government shall pay the GDO for the materials removed, the greater of:
a) $1.00 (1993$) per cubic meter, valued at the Effective Date of this Agreement and indexed thereafter by the Final Domestic Demand Implicit Price Index; or
b) the royalty rate imposed by the Crown, as amended from time to time, on the extraction of such materials from Crown Lands.
7.5.4 The Arbitrators shall determine the terms and conditions for access and compensation for access, and such compensation shall be determined in accordance with subsection 7.4.9. The calculation of compensation shall not take into account any amount mentioned in subsection 7.5.3, or the payment of any entry fee required by Legislation.
7.5.5 An entry order shall include terms and conditions to minimize the damage and interference with Cree use, and shall also provide that Government rehabilitate the site.
SAND AND GRAVEL. With respect to sand and gravel on Inuvialuit lands, as a first priority the Inuvialuit shall reserve supplies of sand and gravel of appropriate quality and within reasonable transport distances on Inuvialuit lands in order to meet public community needs in the Western Arctic Region and in Inuvik, based on reasonable twenty (20) year forecasts of the volumes required from Inuvialuit lands. The forecasts shall be prepared jointly by the Inuvialuit and the appropriate levels of government on the basis of community estimates of requirements, and shall be revised from time to time as required but, in any event, not less frequently than once every five (5) years.
SAND AND GRAVEL. The parties to this Agreement recognize that the ruling of the United States Court of Appeals for the Ninth Circuit that sand and gravel are Section 7(i) Resources has made it disproportionately difficult in relation to the benefits to the Corporations to determine their Section 7(i) obligations with regard to these resources, because (i) sand and gravel deposits usually are small and localized; (ii) the cost of development is high in relation to their potential value; (iii) the cost of accounting is high; and (iv) it is difficult to arrive at a satisfactory method of accounting for use by the Corporations and the Village Corporations. The parties to this Agreement also recognize that it is desirable to permit Village Corporations to use sand and gravel on their own lands for their own local needs without incurring a financial obligation to the Corporations. For these reasons, the parties agree that, in each Fiscal Year, the first one hundred thousand dollars ($100,000) of gross revenues received by a Corporation from the sale or disposition of sand, stone, gravel, pumicite or cinder resources shall be excluded from Gross Section 7(i) Revenues, and the items of cost associated with such revenues shall be excluded from Section 7(i) Costs. The parties further agree to use their best efforts to cause Congress to amend ANCSA to exclude sand, stone, gravel, pumicite, and cinders from the sharing requirements of Section 7(i). On the effective date of any such amendment or legislation excluding sand, stone, gravel, pumicite and cinders from the sharing requirements of Section 7(i), such resources shall cease to be Section 7(i) Resources under this Agreement.
SAND AND GRAVEL. 12.5.1 Notwithstanding anything in this Agreement, if Government requires sand and gravel and other like construction materials from Nunavik Inuit Lands for public purposes but the MDO refuses to permit Government to take the said materials, Government may refer the matter to arbitration as set out in Article 24 of this Agreement for the purposes of obtaining an entry order enabling the removal of such material.
12.5.2 The arbitrators shall grant an entry order if, and only if, they determine that:
(a) the materials are required for public purposes and no alternative supply is reasonably available; and
(b) no competing Nunavik Inuit need for those materials in that location then exists and no alternative supply for that need is reasonably available.
12.5.3 If an entry order is granted, Government shall pay the MDO for the materials removed, the greater of:
(a) $1.00 (1993$) per cubic metre, valued on the effective date of this Agreement and indexed by the Final Domestic Demand Implicit Price Index; or
(b) the royalty rate imposed by the Crown, as amended from time to time, on the extraction of such materials from Crown lands.
12.5.4 The arbitrators shall determine the terms and conditions for access and compensation for access, and such compensation shall be determined in accordance with section 12.4.
