FIRST NATION OF NA-CHO NYÄK DUN
Mining Policy
A rights-based, consent-based approach to mineral exploration and development across the FNNND Traditional Territory.
Effective June 24, 2024
Council Resolution #081-2024
Traditional Territory: Yukon & Northwest Territories
PURPOSE
Why FNNND Adopted This Policy
A clear, transparent framework for every stage of mineral activity in the Traditional Territory
FNNND supports sustainable development in its Traditional Territory only when it is founded in the Nation’s ancient principles of reciprocity, respectful of FNNND’s rights and interests, and consistent with FNNND’s traditional ways of living. This Policy tells Proponents — from first contact, through staking, exploration, and operation, to closure and ecological Restoration — exactly how FNNND makes decisions, and on what terms.
Na-Cho Nyäk Dun
Loosely translated as "the families who come from the confluence of the " — the most northerly community of the Northern Tutchone language and culture group.
Self-Governing First Nation
Final Agreement and Self-Government treaty rights
Rights & Consent-Based
Decisions grounded in free, prior & informed consent
All Mineral Activity
Staking → exploration → operation → closure
A Living Document
Reviewed periodically, at FNNND’s sole discretion
Page 2
FNNND Mining Policy · June 24, 2024
CONTEXT
Eagle Gold, Land Use Planning & Mining
The events and pressures shaping mining decisions in the Traditional Territory today
1
June 24, 2024 — Two Turning Points
The Eagle Gold Mine catastrophe struck the same day Chief and Council adopted the Mining Policy, after years of discussion with leadership, Citizens, and advisors.
2
Chapter 11 Land Use Planning
A holistic, cumulative view of socio-cultural, socio-economic and ecological effects — protecting FNNND’s relationship with land, water and wildlife.
3
Consent Confirmed in Writing
For FNNND to consider any proposed project, proponents must confirm in writing it will only proceed with FNNND’s consent — without consent, it must not proceed.
MINING PRESSURE ON THE TERRITORY
82,000 Claims
Quartz and placer claims sit on the Traditional Territory — a focal point for Yukon mineral development.
43% of Yukon Quartz Claims
Approximately 43% of all quartz mining claims in the Yukon are located on FNNND’s Traditional Territory.
Courts on Planning-Period Development
Yukon courts have recognized that authorizing development during land use planning may impact the eventual plan, the planning process, and FNNND’s treaty rights.
Clear Treaty Rights to Govern
FNNND governs its Traditional Territory in a way that honors its rights, practices, and values — especially now that Chapter 11 planning has begun.
Page 3
FNNND Mining Policy · June 24, 2024
CULTURAL FOUNDATION
The Four Values of Dän Ki
"Our Way" — the principles guiding every FNNND mining decision
Náłats’int’ra
Respect
Treat people as you wish to be treated. Never assume — always ask, tell the truth, and show patience and compassion.
Łek’ats’ete
Caring
Care for yourself, family, and community — a duty passed down from ancestors to every FNNND citizen.
Łeyáts’ele
Sharing
Share traditional knowledge with younger generations so FNNND’s ways are never lost.
Häts’edän
Teaching
Ensure children know their traditional values — ask an Elder when you don’t know, and pass it on.
Page 4
FNNND Mining Policy · June 24, 2024
DECISION FRAMEWORK
Core Principles for Mineral Activity
Every proposal is measured against three tests
1
Protect & Advance Rights
Aboriginal and treaty rights, UNDRIP, inherent title, interests, and FNNND’s ways of living.
2
Sustainable Development
A holistic, cumulative view of socio-cultural, socio-economic and ecological effects — protecting FNNND’s relationship with land, water and wildlife.
3
Self-Governance & Benefit
Advances FNNND self-determination and delivers meaningful economic benefit to FNNND and its citizens.
LEGAL FOUNDATION
The Treaty
Final Agreement & Self-Government Agreement affirm FNNND’s right to determine land & resource use.
UNDRIP
Now law in Canada; Art. 32(2) requires free, prior & informed consent for projects affecting Indigenous lands.
Constitution Act, 1982
Section 35 recognizes and affirms FNNND’s Aboriginal and treaty rights.
2024 Court of Appeal
FNNND v. Yukon affirmed that development without a land use plan risks the future plan itself.
Page 5
FNNND Mining Policy · June 24, 2024
SCOPE
Where the Policy Applies
Geographic and jurisdictional scope of FNNND’s mining decisions
APPLIES TO
SETTLEMENT LANDS
WETLANDS
Consent
Freely given or withheld, without coercion, sufficiently in advance, and based on complete information.
Support
Any mechanism — formal or otherwise — showing FNNND would like a Mineral Activity to proceed.
OCAP®
Traditional Knowledge shared with Proponents remains FNNND intellectual property under First Nations data principles.
Page 6
FNNND Mining Policy · June 24, 2024
THE RIVER OF DECISION · PART 1
How a Proposal Begins
The first three steps, from initial contact to FNNND’s technical assessment
1
First Engagement
Proponent submits a written request to development@nndfn.com covering project details, maps and spatial data, baseline studies, anticipated impacts, a benefits proposal, and written confirmation it will not proceed without FNNND consent.
2
Memorandum of Understanding
Lands invites the Proponent into an MOU confirming the project will not advance without FNNND’s Consent. FNNND responds in writing within 20 business days with guiding documents and the Communications Protocol.
3
Lands’ Assessment
Lands gathers Traditional Knowledge, drone and baseline data, and weighs location, scale, fit with land use planning, cumulative impacts on rights, lands and wildlife, and adequacy of proposed Reclamation.
Page 7
FNNND Mining Policy · June 24, 2024
THE RIVER OF DECISION · PART 2
How the Proposal Can End
Two review points may end in a Do Not Proceed Notice; successful proposals move to negotiation
4
Lands’ Determination
Decides if the proposal fits FNNND’s Core Principles, or refers it to Council.
↰ Do Not Proceed Notice issued
5
Council Review
Council weighs the Assessment and may recommend negotiations toward a formal Agreement.
↰ Do Not Proceed Notice issued
6
Negotiations
Terms cover entry conditions, monitoring, compensation, environmental protection, reporting, closure, and economic benefits to FNNND.
Exploration Agreement
For exploration-stage work. Reviewed and may be ratified by Council.
Impacts & Benefits Agreement
For development activity. Reviewed and may be ratified by a General Assembly of FNNND citizens.
↻ If a Proponent with an Exploration Agreement later proposes development activity, the project returns to a new Lands’ Assessment (Step 3).
Page 8
FNNND Mining Policy · June 24, 2024
THE RIVER OF DECISION · PART 3
Confluence — A Ratified Agreement
What a complete proposal includes, and how it relates to government review
FNNND Consent & Support formally given — the Proponent may proceed under agreed terms.
WHAT A PROPONENT MUST SUBMIT
BEFORE YESAB OR REGULATORS
FNNND expects Proponents to obtain its Consent and Support before submitting applications to the Yukon Environment and Socio-economic Assessment Board, the Crown, or any regulator.
FNNND independently decides the nature and scope of its own participation in any assessment or regulatory proceeding, regardless of its Determination.
Page 9
FNNND Mining Policy · June 24, 2024
CLOSING THE LOOP
Reclamation & Ecological Restoration
Disturbed land must be returned to a safe, stable, self-sustaining state — to the highest level of ecosystem recovery attainable
01
Plan Required
A Reclamation & Restoration Plan is shared with Lands for review and approval before work proceeds.
02
Full Scope
Objectives, baseline data, timelines, impacts, mitigations, monitoring, completion criteria, and costs.
03
Annual Reporting
Disturbance mapping, progress against goals, monitoring results, and next steps reported every year.
04
FNNND Businesses First
FNNND-owned businesses are prioritized for Reclamation and Restoration work at every project stage.
STANDARD TERMS IN FNNND AGREEMENTS WITH PROPONENTS
Guiding Principles
Communication Protocols
OCAP® Governance
Land Use Plan
Environmental Monitoring
Progressive Restoration
Revenue Sharing
Dispute Resolution
Term & Termination
Page 10
FNNND Mining Policy · June 24, 2024
IMPLEMENTATION
Putting the Policy into Practice
The first step is developing MOUs with operators on the Traditional Territory — Snowline is the first proponent to sign
01
MOUs with Operators
Each MOU includes a commitment not to build a mine without FNNND Citizens’ consent, such as a General Assembly resolution.
02
Snowline Signs First
Snowline is the first proponent to sign such an MOU with FNNND under the Mining Policy.
03
Legally Binding
The MOU is legally binding — and binds a new owner if a junior company sells its project to a major player.
04
No Obligation to Consent
The MOU does NOT require FNNND Citizens to consent to a mine — and includes funding for FNNND’s work on a project to date.
WHAT A PROPONENT MOU DELIVERS
Consent Commitment
Citizens’ Decision
General Assembly Resolution
Legally Binding Terms
Binds New Owners
Junior-to-Major Sales Covered
Funding for FNNND’s Work
No Forced Consent
Pathway to Agreements
Page 11
FNNND Mining Policy · June 24, 2024
CLOSING NOTE
Without Prejudice to FNNND’s Rights
The Policy and its procedures are interpreted to protect — never limit — FNNND’s standing
§35
Upholds Aboriginal and treaty rights recognized under the Constitution Act, 1982 — never abrogating or derogating from them.
UN
Upholds the rights protected by UNDRIP, now legally adopted in Canada, in full.
∞
Never limits FNNND’s right to advocate before courts, assessment bodies, or the Crown on any right or duty owed to FNNND.
First Nation of Na-Cho Nyäk Dun — Lands & Resources Department
P.O. Box 220, Mayo, Yukon Y0B 1M0 · (867) 996-2265 ext. 200 · development@nndfn.com · nndfn.com
Summary only — not a substitute for the full Mining Policy. FNNND may amend the Policy at any time, at its sole discretion.