Pacheedaht First Nation buys its own land-many treaty delays

[FirstNation Buys Own land]

Pacheedaht First Nation buys its own land - many treaty delays cited . . .

NOTE: The following article is posted here with the permission of the publisher of the Sooke News Mirror http://www.sookenewsmirror.com

It originally appeared in the Sooke News Mirror January 26, 2005

- - - - - -

First Nation opts to purchase own land

By Jennifer Smith
Sooke News Mirror
http://www.sookenewsmirror.com

After years in treaty negotiations, the Pacheedaht First Nation bought land they assert is their own late last month, rather than wait-out a land claim settlement, say band representatives.

"Under the treaty process, British Columbia and Canada has refused to negotiate over private lands unless there's a willing seller, willing buyer," said Rodney Thur, Pacheedaht band administrator. "Either Canada or British Columbia has to be willing buy the land in order to add it in as, or make it an offer, as settlement land."

With no "Agreement in Principle" to do so, and no end to negotiations in sight, when Timber Forest License 46 was lifted on a large tract of TimberWest land last fall, the band chose to buy into the acreage being sold. Facing unsympathetic buyers, with the potential to postpone progress on their land claim was not a viable option, representatives said.

"We work in a real world today, that whether we acknowledge the government of British Columbia or not isn't really the issue," Thur said, explaining the Pacheedaht consider the land theirs as they never succeeded or sold it to anyone. "It's just that a opportunity came along where the band could get their name on title and- even though this isn't by any means settling a specific claim, certainly they're buying back what they're considering their own property-it's either do that or be left out entirely."

A First Nation is not recognized as a legal entity, and therefore cannot sign onto the land contract to take possession, Thur added. As such, the band created a numbered company for the Pacheedaht First Nation, and their partners, the Port Renfrew Marina and R.V. Park, to take possession.

Effective Dec. 30, 2004, a 50-50 partnership between marina owners Rex Coburn and Budd Watt and the Pacheedaht First Nation, assumed possession of 80 acres adjacent to Port Renfrew Indian Reserve 2. The land contains a key marina for charter fisherman and pleasure boats seeking shelter from the West Island's open ocean.

"Land doesn't get any cheaper," said Pacheedaht elected chief Marvin McClurg; he fears escalating prices could have caused his people further problems if they hesitated. The Pacheedaht filed a land claim in 1991. McClurg has sat at the treaty negotiating table for seven years and said while progress is made, it's slow moving.

"You'd go one day to a treaty meeting with one objective and when you come out there's probably 10 (more objectives) to deal with," he said. "It's kind of discouraging (to buy your own land), but I can see (the government's) point that if they don't have an agreement, they aren't going to buy anything."

Engineered by TimberWest, the deal gives the Marina and R.V. Park owners the opportunity to make improvements on their business without fearing all capital investments could be lost, and provides potential cash flow for the Pacheedaht.

"The lease holders and the Pacheedaht had each, independently, expressed to us a strong interest in acquiring the property," TimberWest president and CEO Paul McElligott said in their official announcement, dated Jan. 18. "In an attempt to develop a win-win-win solution, TimberWest organized meetings with them to explore options that might satisfy both parties."

Coburn and Watt hope the investment will bring hydro, water, and sewage to their customers and are looking forward to devising plans for future development with their First Nations partners.

"We hope to bring hydro into the site (this year), but it would probably be just for the office use- maybe some of the people might get electric hook ups," said Colburn, adding this year's big addition plan is for a new boat launch.

It's all good news for regular camper and fisherman Jan Eilertsen, who spends summers in Port Renfew in his R.V.

"It's going to change quite a bit," said Eilertsen, who heard the deal could bring power and hydro before it was even announced. "Rex is putting in a wharf. It's perfect," he said.

- - - - - - -

For more on the BC Treaty process visit . . .
http://www.turtleisland.org/news/news-bctreaty.htm