[Table of Contents]
10. FIRST NATIONS INPUT
ALASKA
There are no special provisions for input from native Indians in the forest practices legislation.
BRITISH COLUMBIA
Under the Constitution of Canada Act of 1982, aboriginal rights are recognized and protected and rights cannot be infringed upon by activities undertaken or authorized by provincial law. Forest Development Plans must identify locations of areas of aboriginal sustenance and of cultural, social, and religious activities associated with traditional aboriginal life. Aboriginal representatives are involved in forestry activity planning through consultation and negotiation, and a First Nations Forestry Council has been formed to increase their involvement in all areas of forestry.
CALIFORNIA
Native Indian issues are not addressed under the Forest Practice Act.
FINLAND
As a nation, the Sami (Lapps) of Northern Finland are not included in the planning and implementation of forest activities. However, a traditional livelihood of the Sami is reindeer husbandry and reindeer husbandry associations, established to regulate this activity, are consulted if forest activities will affect the traditional reindeer areas (Finnish Forest and Park Service, 1994). Effective January, 1994 a duty of the Finnish Forest and Park Service is to consider the traditional rights of use of the Sami people (J. Heino pers. comm.).
All of Lapland province and the northern part of Oulu province are reindeer areas. Forestry methods in this area differ from those used elsewhere in the country.
GERMANY
Federal Republic of Germany
Germany does not have a minority indigenous population.
NOVA SCOTIA
Rights and interests of First Nations people are taken into account during forest operations planning. In the Nova Scotia Provincial Action Plans for the National Forest Strategy, the development of a comprehensive Aboriginal Forest Strategy, and development of legislation and policy for the management of lands of Indian interest are two commitments to First Nations input. In the Aboriginal Forest Strategy, the First Nations of Nova Scotia will have joint administration accountability with the Nova Scotia Department of Natural Resources (Provincial Action Plan, 1994: 183).
ONTARIO
A comprehensive forum for First Nations Input has been established under the Crown Forest Sustainability Act. Public consultation includes the option for native communities to participate in the Forest Management Native Consultation Program, and members of each Indian Reserve, Band Council, Treaty Organization or Tribal Council will be contacted by the MNR district manager regarding forest management planning in their area. Public notices will be advertised in the native media, in native language if appropriate (FMPM, 1994:15). The Ministry of Natural Resources, with representatives of Native communities, (and in conjunction with a company plan author where appropriate), will produce a Native Background Information Report, which will be used to prepare the Report on Protection of Identified Native Values (FMPM, 1994: Section 1.5).
Native communities have the option of participating in the regular public consultation process or to choose additional consultation and documentation opportunities, referred to as the Forest Management Native Consultation Program. The Forest Management Native Consultation Program is a full consultation program, with various opportunities for input and determination of the native communities' preferred management alternatives (FMPM, 1994:18-27).
OREGON
Native Indian tribes' rights are established by treaty and they manage their own forest lands. The Warm Springs tribe, for example, have their own forest practices code (based on the Oregon Forest Practices Rules).
SWEDEN
The Sami people of Sweden recognize themselves as aboriginal people, however the government of Sweden does not. There are 12,000 Sami people in Sweden and 2000 are involved in reindeer husbandry. The government has specified that the Sami people involved in reindeer husbandry be consulted if forest activities will affect their reindeer habitats (Section 20, Forestry Act). If a harvesting licence is granted the Sami villages located in the affected reindeer area can appeal the decision.
TASMANIA
First nations input is not specifically addressed in Tasmania's Forest Practices Code.
UNITED KINGDOM
This topic is not applicable in the United Kingdom.
U.S. FOREST SERVICE (REGION 6)
Native Indians can exercise their treaty rights and also can participate in the public involvement programs.
VICTORIA STATE
Aboriginal input is not specifically sought, although they may participate in the public consultation process (Leonard, pers. comm.).
WASHINGTON
Aboriginal rights are protected by treaties. Forest management on native Indian lands was, historically, under the jurisdiction of the (federal) Bureau of Indian Affairs; in recent years, individual tribes manage their own lands. These lands are not covered by the state forest practices legislation.
It is a stated objective of the Forest Practices Act that cooperation is to be promoted between native Indian tribes and government agencies. Tribes are notified of any applications for forest practices near their lands.
WESTERN AUSTRALIA
Aboriginals do not specifically take part in the planning process, although local interest groups are invited to participate in the planning process when applicable (Clarke, pers. comm.).
