FPC Review - 2-16

16. CULTURAL AND HERITAGE RESOURCES

ALASKA

Cultural and heritage resources are not addressed in the forest practices legislation.

BRITISH COLUMBIA

Archaeological, cultural and heritage resources are considered in strategic plans, but are more closely examined in operational plans. Where cultural heritage overview assessments conducted by government indicate that cultural heritage resources may be present the licensee must conduct a cultural heritage impact assessment and must make the results of that assessment available for referral to resource agencies and to the public for review. The Ministry of Forests and other appropriate resource agencies must be notified immediately, and any further plans must incorporate protection or mitigation measures for those resources.

CALIFORNIA

Archeological and historic resources must be addressed in THP's. At a minimum, this involves checking archaeological records with State and federal agencies and interviewing nearby Indian tribes. In some cases, the services of a professional archeologist may be required. Any resources identified must be protected during harvesting.

FINLAND

The Ancient Relic Act (1963) protects cultural and heritage resources in Finland. The Nature Protection Unit of the Forest and Park Service, directed by the National Board of Antiquities, is responsible for ancient relics on state owned lands. A management and use plan is developed for relics of particular value.

When planning forest activities, one must check whether there are any ancient relics within the area affected .
The rule is for [tree] cutting not to be carried out unless this is necessary to protect or manage the relic (Finnish Forest and Park Service, 1994).

Private forest owners, the National Board of Antiquities, the Tapio Forestry Centre, and the Forestry Boards have a cooperative agreement for locating ancient relics on private land.

Finland's national heritage landscapes include rough meadows, hay making areas on bogs, and areas affected by swidden agriculture. These landscapes contain 19% (approximately 300) of Finland's endangered flora and fauna species. The preservation of these landscapes is considered important for conserving biodiversity as well as cultural heritage (Finnish Forest and Park Service, 1994). The majority of national heritage environments are within national parks and protected areas. However, many small sites located in the commercial forest are not protected or regulated.

An inventory of heritage landscapes began in 1992 (Finnish Forest and Park Service, 1994) and the Tapio Forestry Centre, Forestry Boards and private forest owners have launched pilot projects in several landscape heritage areas (J. Heino, pers. comm.). Aesthetic, cultural, and ecological values are mapped on a municipality's landscape plan. The values are then included in forest management plans designed by the Forestry Board for each private holding. The plans include operational guidelines for conducting forestry in heritage areas.

GERMANY

Federal Republic of Germany

Cultural and Heritage Resources are not included in the Federal Forest Act.

Baden-Wurttemberg

Cultural and Heritage Resources are regulated by the Law for the Preservation of Cultural and Heritage Resources. The Forest Law does not include regulations pertaining to cultural heritage but forest activities are subject to the regulations of the Cultural and Heritage Preservation Law. The local district forester inventories and records all heritage resources. The features are included in the forest planning maps and must be protected during forest activities. Under the Cultural and Heritage Preservation Law, special regulations can be designated to protect cultural features. The regulations are unique to the feature and its location.

Bavaria

Cultural and heritage resources in Bavaria are regulated by the Cultural and Heritage Preservation Law, as in Baden-Wurttemberg.

NOVA SCOTIA

Protection of cultural and heritage resources falls under the Parks Act and Regulations. These values are not specifically considered under forestry guidelines or regulations. Where areas are protected under the Special Places Act, detailed management plans will either restrict or greatly modify logging operations (McQuarrie, pers. comm.).

ONTARIO

Specific Timber Management Guidelines for the Protection of Cultural Heritage Resources 1991, are in place to provide a technical framework for the protection and conservation of cultural heritage resources on Crown land during timber management planning and subsequent implementation processes (TMG/Cultural Heritage Resources Guidelines, 1991:i). Cultural, heritage, and archaeological resource Areas of Concern must be identified at the forest management planning stage using values maps, aerial photography, and field surveys. Under the Ontario Heritage Act, permits are required for excavation or alteration of archaeological and historical sites (Environmental Guidelines for Access Roads and Water Crossings, 1988:8).

Where publicizing the location of a cultural heritage resource could be detrimental to the protection of that resource, confidentiality will be maintained. All timber management plans must detail an emergency procedure in the event that an unexpected cultural heritage resource is found during operations. If this should occur, all timber operations that might affect the resource must cease until a qualified heritage planner has made an assessment of the resource and provided the appropriate strategy for protection (TMG/Cultural-Heritage Resources Guidelines, 1991:14).

OREGON

Cultural and heritage resources are covered under the state land use planning law. County governments are required to inventory cultural and heritage resources. These resources are not considered in the Forest Practices Act.

SWEDEN

Archaeological, cultural, and heritage resources are regulated by the Cultural Heritage Act as well as Sections 14, 16, 18, 27, 30, 35, and 38 of the Forestry Act.

Section 30 of the Forestry Act grants government or their designate the right to regulate: ...on the degree of respect to be extended to nature conservation and cultural heritage preservation interests in connection with forest management, as regards the form and size of felling areas, regeneration methods, the retention of individual trees and groups of trees, fertilisation, drainage, and the routing of forest roads (Forestry Act, Section 30).

This general clause is reiterated in the remaining sections of the Act that concern cultural heritage noted as follows:

Section 14 and 16 - identify the need to preserve cultural heritage,
Section 18 - authority to prohibit harvesting to protect cultural sites,
Section 27 - protection of cultural sites in broadleaved forests,
Section 35 - grants government the right to apply prescriptions immediately,
Section 38 - specifies penalties for non-compliance.

The value of cultural heritage sites are generally considered at the operational planning level. However, communities sometimes compile strategic plans that contain a cultural heritage component.

The County Forestry Board will provide forest owners with general survey maps that include important cultural and heritage sites and information on the forestry requirements. If unknown monuments are found, they are to be reported to the Authority of Archaeology.

If cultural resources are at risk, the Authority of Archaeology will conduct an investigation. The forest owner must pay for this investigation. If the particular resource is not rare it may be moved and in some cases may even be destroyed. This will not occur until the investigation is complete and the Authority of Archaeology, Cultural and Heritage Resources approves the activity. The Authority is the only agency that can grant exemptions or variances to the archaeological, cultural and heritage regulations.

TASMANIA

Archaeological, Cultural, and Heritage Resource values are considered at both the planning and the operational levels, and protection and management requirements must be listed in the Timber Harvesting Plan (FPC, 1993:6, 61). Assessment of areas of cultural or heritage significance or potential significance should be identified from existing knowledge, archival research, or archaeological surveys, and the reliability and site significance should be assessed by a cultural heritage expert or an archaeologist (FPC, 1993:61). Protection and management of significant resources is achieved by maintaining confidentiality, by prescribing physical protection works, changing location of operations, by reservation, or special management areas (FPC, 1993: 61,62). Monitoring of operations must be done to ensure that sites are not disturbed, and where archaeological sites or features are discovered during operations, the site must be recorded prior to further disturbance. Consultation with special interest groups will occur, and site recording and management of Aboriginal cultural heritage will be in accordance with the Aboriginal Relics Act 1975 (FPC, 1993:61).

UNITED KINGDOM

Special management objectives are in place for Scheduled Ancient Monuments, and archaeological monuments and sites must be avoided (Bell, pers. comm.).

U.S. FOREST SERVICE (REGION 6)

Cultural and heritage resources on federal lands are provided some protection by the National Historic Preservation Act. In national forest lands, such values are also recognized and accommodated in the land and resource management planning process (LRMP).

VICTORIA STATE

Forest Coupe Plans, and Private Forest Coupe Plans must identify areas excluded from harvesting through prescriptions for flora and fauna protection, water quality protection, landscape protection, and significant sites (Code, 1989:13, 34). Roads must be located to avoid areas designated by the Victoria Archaeological Survey to be significant archaeological sites (Code, 1989:40).

WASHINGTON

DNR must notify the Office of Archaeology and Historic Preservation (OAHP) of all forest practice applications for areas with known historic or archaeological resources. DNR has the authority to protect archaeological or historic resources. If there is reasonable evidence that archaeological or historic resources exist, landowners may be required to commission a reconnaissance survey by a qualified archaeologist.

WESTERN AUSTRALIA

Cultural and archaeological assessments are conducted prior to commencement of operations. Areas that have been identified as cultural or heritage areas are considered no go areas and no logging operations shall occur within these areas (Clarke, pers. comm.). Other legislations in place to deal with cultural and heritage resources include the Aboriginal Heritage Age 1972 which affects land management responsibilities, and the Western Australia Heritage Commission Act (Clarke, pers. comm.).