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Native American Guide to Timber Harvesting on Non-Federal Lands in California

Daniel G. Foster and Linda C. Pollack
California Department of Forestry and Fire Protection
Revised Date: November 15, 2006

Introduction

This report was developed as an informational guide written specifically for the Native American community in California. Its purpose is to provide an overview of the rules and regulations that govern commercial timber operations on private and other non-federal lands within California and to clarify the opportunities for Native Americans to participate in the development and review of Timber Harvesting Plans (THPs) to help protect cultural resources. This report was first written in 1998 by the Board of Forestry and Fire Protection’s Native American Advisory Committee. It was completely re-written by CAL FIRE to reflect current procedures and to be inserted into the 2003 revision of the Reference Manual and Study Guide for CAL FIRE’s Archaeological Training Program.

Definition of Key Terms:

California State Board of Forestry and Fire Protection (Board): The California State Board of Forestry and Fire Protection is a policy-making board that has authority to adopt regulations governing commercial timber operations on private and other non-federal lands within California. These regulations are known as the Forest Practice Rules. One of the overall objectives of the rules is to assure, where feasible, that the productivity of timberlands is restored, enhanced, and maintained, and that natural and cultural resources are adequately protected. The Board holds public meetings during the first week of every month except December. There are nine members: five from the general public, three from the timber industry and one from the range-livestock industry. Members are appointed by the Governor for four-year terms and must be confirmed by the State Senate.

CAL FIRE: CAL FIRE is a state agency whose mission is to protect the people of California from fires, respond to emergencies, and protect and enhance California’s forest, range, and watershed values, providing social, economic, and environmental benefits to rural and urban citizens. One of CAL FIRE’s major programs to accomplish this mission is Forest Practice. In this program, CAL FIRE acts as lead agency pursuant to the California Environmental Quality Act (CEQA) for review and approval of Timber Harvesting Plans (THPs) that are subject to the requirements contained in the Forest Practice Rules. CAL FIRE has approximately 150 Registered Professional Foresters (RPFs) and 6 professional archaeologists on staff that work in the Forest Practice Program to review THPs.

Forest Practice Rules (Rules): These are the specific regulations adopted by the Board that govern commercial timber operations on private and other non-federal lands within California. The statutory authority for these regulations is found in the Z’Berg-Nejedley Forest Practice Act (PRC Section 4511 et seq.) and CEQA (PRC Sections 21000 through 21178). CAL FIRE publishes a copy of the current rules each year. A complete copy of the current rule book may be purchased for five dollars by submitting a written request to CAL FIRE, Attention: Sherry Habon, Room #1516-25, P.O. Box 944246, Sacramento, CA 94244-2460. The current Forest Practice Rules are also available from CAL FIRE website.

Licensed Timber Operator (LTO): The LTO is licensed to engage in commercial timber operations, including logging and road building for THPs. The LTO is required to take a class on regulations and environmental protection provided by CAL FIRE before receiving a license. A section on cultural resources is included in this training. If a previously unidentified site is discovered during timber operations, the LTO is required to stop timber operations within 100 feet of the discovered site, immediately notify CAL FIRE, and CAL FIRE will immediately notify Native Americans. Timber operations can not continue in area containing the site until an amendment containing protection measures is approved by CAL FIRE. LTOs are shown the location of all areas within a THP that require protection, including archaeological sites. This is done through an on-the-ground meeting with the RPF or the RPF’s supervised designee. LTOs are often not told exactly what type of forest resource exists within the area they are instructed to avoid in order to keep cultural resource locations confidential.

Mitigation Measures: These are changes made to the proposed project or steps taken to ensure that significant archaeological or historical sites identified in a THP are adequately protected. Avoidance of activities that cause damaging effects is the preferred protection measure specified in the rules.

Native Americans: as defined in the Forest Practice Rules and used throughout this report, the term Native Americans means the Native American Heritage Commission and those local Native American tribal groups and individuals to be notified or consulted pursuant to the Forest Practice Rules as listed on CAL FIRE’s Native American Contact List.

Native American Contact List: means the list that identifies those Native Americans that must be notified or consulted pursuant to the Forest Practice Rules. CAL FIRE is responsible to maintain this list but seeks advice provided by the Native American Heritage Commission (NAHC) and CAL FIRE’s Native American Advisory Council (NAAC). The list identifies the appropriate points of Native American tribal contact for notification and consultation during preparation and review of THPs as well as other types of CAL FIRE projects. It is organized by counties or portions of counties. All federally recognized tribal governments in California are automatically placed on the list. The list also includes other California Native American organizations and individuals that CAL FIRE chooses to place on the list based upon demonstrated knowledge concerning the location of archaeological or cultural resources within California. The NAHC is also included as a required contact for each county to enable the NAHC to complete a check of their Sacred Lands File.

Native American Archaeological or Cultural Site: means any archaeological or other cultural resource that is associated with Native Americans. These sites must be identifiable by a specific physical location containing specific physical attributes. Native American archaeological or cultural sites include but are not limited to: village sites, camp sites, petroglyphs, prehistoric trails, quarries, milling stations, cemeteries, ceremonial sites or traditional cultural sites and properties.

Native American Advisory Council (NAAC): The NAAC is a 9-member advisory group appointed by the CAL FIRE Director to advise the Department on Native American issues pertaining to CAL FIRE’s programs. The NAAC meets, or holds conference calls, approximately four times per year.

Registered Professional Forester (RPF): The RPF is licensed to practice forestry in California and is responsible for the contents of the THP. To become registered, one must have at least seven years of experience in the practice of forestry and pass a comprehensive written examination. In order for an RPF to survey for archaeological sites, satisfactory completion of cultural resource identification and management training is required. This training includes a component delivered by a Native American instructor. The RPF must hire a professional archaeologist if the required training is lacking. The RPF is required by the rules to notify Native Americans about a proposed THP, seek information about cultural sites that might be present, and afford Native Americans the opportunity to submit comments during the THP review process.

Significant Archaeological or Historical Site: means a specific cultural resource location within a THP. It may or may not contain artifacts or objects but evidence must clearly demonstrate a high probability that the site meets one or more of the following criteria:

(a) Contains information needed to answer important scientific research questions.

(b) Has a special and particular quality such as the oldest of its type or the best available example of its type.

(c) Is directly associated with a scientifically recognized important prehistoric or historic event or person.

(d) Involves important research questions that historical research has shown can be answered only with archaeological methods.

(e) Has significant cultural or religious importance to Native Americans as described in the above-listed definitions for Native Americans and Native American Contact List.

Timber Harvesting Plan (THP or Plan): The THP or plan is a comprehensive document prepared by an RPF and submitted to CAL FIRE for review. Timber operations may not begin until CAL FIRE approves the plan, and the RPF is required to follow the provisions specified in the plan. The THP addresses operational aspects of the timber operation (such as how the area will be logged) as well as environmental impact information and specific protection measures. The THP is a public document and members of the public may obtain a copy (for purchase) at the appropriate CAL FIRE Regional Office. Information pertaining to cultural resources is not included in the main body of the THP but is contained in a separate Confidential Archaeological Addendum (CAA) that is not available to members of the general public. This procedure provides CAL FIRE with the ability to identify and protect cultural resources without disclosing the locations of such resources to members of the public.

THP Preparation Procedures

The RPF writing the plan is required to ensure the completion of a number of procedural steps during the development of a THP to identify and protect cultural resources. These steps are:

(1) Records Check. The RPF must conduct an archaeological records check at the appropriate Information Center of the California Historical Resource Information System. These Centers keep the official archaeological records for California. By checking at the Center, any known recorded archaeological or historical site that is mapped within the proposed THP become identified, and must be addressed in the plan.

(2) Consultation with Native Americans. The RPF is required to provide written notification to Native Americans about the preparation of a plan. The primary purpose for this notification is to provide Native Americans an opportunity to disclose the existence of any Native American archaeological or cultural sites that are potentially within or adjacent to the plan area and provide Native Americans an opportunity to comment on the plan. The RPF will send Native Americans written notification of a proposed THP that contains the following information:

· A request for information concerning the potential existence of any Native American archaeological or cultural sites within the plan boundaries.

· Information concerning the location of the plan including two maps. One of these maps must be a general location map that will show the travel route from the nearest community or well-known landmark to the plan area. The other map will be a copied segment of a USGS quad map that displays the approximate boundary of the plan area and includes a map legend and a scale. The letter will also contain a description of the plan location including the county, section, township, range, base and meridian, and the approximate direction and distance from the nearest community or well-known landmark and a statement that all replies, comments, questions, or other information submitted by Native Americans as a result of this notice should be directed to the RPF. The name, address, and phone number of the RPF will be provided.

· Information concerning the available time for response will also be provided in the notice. The RPF will indicate that he or she is requesting a response within ten days from the date of the notice so the information can be incorporated into the plan when initially submitted to the Director (Native Americans actually have more than 10 days to respond - these timelines are discussed in greater detail on page 10 of this report). The RPF will provide an estimated date the plan will be submitted to CAL FIRE. Although it is possible the CAL FIRE could approve a plan 16 calendar days after it is submitted, typically, the plan is reviewed for at least 45 calendar days following plan submittal before it may be approved.

· The RPF will indicate that Native American groups may participate in the plan review process by submitting written comments to CAL FIRE before closure of the public comment period. The RPF will also include a statement that locations of sites disclosed will be kept confidential.

· Native Americans will be advised that a Confidential Archaeological Addendum (CAA) will be prepared for the plan and a copy of pertinent information contained within it may, at the discretion of CAL FIRE, be obtained by requesting this report. Such requests should be directed to the appropriate CAL FIRE Archaeologist (a list of CAL FIRE Archaeologists and their phone numbers is included on pages 11-12 of this report).

The RPF is required to provide additional notification to Native Americans after the survey is completed if any Native American Archaeological or Cultural Site (see definition above) exists within the plan area. This second phase of consultation provides Native Americans with the opportunity to review the protection measures developed by the RPF and CAL FIRE during the preharvest inspection and afford Native Americans the opportunity to submit written comments for CAL FIRE’s consideration prior to CAL FIRE’s decision regarding plan approval.

(3) Prefield Research. The RPF must ensure that research is conducted prior to the field survey for cultural resources, including review of appropriate literature and contacting knowledgeable individuals, concerning potential archaeological or historical sites occurring on the property.

(4) Cultural Resource Survey. The RPF must provide a professional archaeologist or a person with archaeological training (in accordance with the rules) to conduct a field survey for archaeological and historical sites within the plan area. These surveys are usually conducted by the RPF and/or the RPFs supervised designees, if such personnel have satisfactorily completed training provided by CAL FIRE to identify and protect cultural resources. The survey is documented in a confidential report that contains a list and mapped location for all identified cultural resources, including those identified by Native Americans during initial consultation. The report also indicates how these cultural resources will be protected.

CAL FIRE’s Native American Consultation Policy for THPs

CAL FIRE provides training and direction to RPFs and advises them on how to accomplish successful notification and consultation with Native Americans. Part of this training includes information provided by Native American instructors that help CAL FIRE teach the classes. The following information provides more information concerning the direction given to RPFs.

Consultation Procedures Statement. The Forest Practice Rules require the RPF to consult with the NAHC and listed local tribes for every THP. Resources of concern that require Native American consultation include prehistoric or ethnohistoric archaeological sites, traditional cultural properties, such as sacred places, and gathering localities. Consultation shall also take place in those sensitive instances, such as the discovery of Native American human remains and burial goods, as specified in State law (see Health and Safety Code Section 7050.5 and PRC Section 5097.98). CAL FIRE believes that consultation with Native American groups and individuals during project planning is appropriate and necessary because cultural resources of significance to Indian tribes deserve full consideration in the project planning and review process and tribes possess a special perspective on, and relation to these resources. Consultation with Native Americans means affording timely notice and opportunity to comment on a proposed THP. It is also an opportunity to request information on specific cultural resources that may be impacted by a proposed project. Receipt of their written or verbal comments, views, and concerns prior to project approval are the essence of consultation. RPFs are encouraged to correspond and provide maps of the location of the proposed project. Direct contacts through telephone calls, email correspondence and face-to-face meetings facilitate the development of mutual trust and encourage the exchange of information. Critical to successful consultation is listening to, and actively considering the views expressed by Native American individuals and/or groups. A principal goal of consultation is to provide Native Americans a reasonable opportunity to express their views on a THP. Although face-to-face meetings are not required for every project, the value of personal contact should not be overlooked. Native Americans receiving notification about a proposed project may request a face-to-face meeting with the RPF to discuss the project and RPFs are encouraged to implement this request, if practical and timely. When RPFs discover that Native American people may have concerns about a proposed plan, the RPF is encouraged to investigate and consult. In those instances, telephone calls and face-to-face meetings should be completed to gather information, answer questions, listen to concerns, and give consideration to any recommendations provided by concerned/interested Native Americans. Typically, consultation for a proposed THP is completed in a series of steps. The first step, called Initial Consultation, is intended to provide notice of a proposed project and request information about cultural resources known or thought to exist within or adjacent to the project area. The second step, called Second Consultation, is taken when known cultural resources may be affected by the project.

Initial Consultation. To complete the Initial Consultation, the RPF shall send correspondence with maps to the NAHC and to all the appropriate local tribal contacts. These must include two map attachments: a vicinity map, and a detailed project map. A copy of the appropriate segment of the USGS 7.5’ quadrangle will suffice. To better facilitate communication, the correspondence should contain an introductory statement of purpose, a brief description of the proposed project, a request for information on archaeological or cultural sites that might exist in the project area, information on when the project is likely to begin, the name, address, and phone number of the RPF to contact, information on the time frame to submit written comments, and a statement that encourages participation in the project review process. The NAHC will check its Sacred Lands File and reply if sacred lands sites are identified.

Second Consultation. The second consultation step must be completed for every THP with Native American archaeological or cultural resources in an area that might be affected. If the project area is changed to exclude archaeological sites, and such sites will not be affected, or if archaeological sites are identified, but are historic representations (Euro-American-era resources) the second notice is not necessary. The second step provides clear notice that a proposed project could affect Native American archaeological or other cultural resources. It further provides the consulted Native American groups the opportunity to submit comments concerning site stewardship, protection, or management for the CAL FIRE to consider. To complete the second consultation, correspondence with attached project and impact specific maps shall be sent to the NAHC and to appropriate local tribal contacts on CAL FIRE’s list. Two maps are recommended attachments to the correspondence: a vicinity map and a detailed project/impact specific map. A copy of the appropriate segment of the USGS 7.5’ quad will usually suffice for the project map. The substance of the correspondence shall include notification that archaeological resources are present in the proposed project area, a brief project description, a brief description of the identified archaeological and/or cultural resources, the proposed protection measures, an invitation to submit written comments to the CAL FIRE for its consideration prior to project approval, name, address, and phone number of the appropriate CAL FIRE staff person to receive comments, the date or timeframe for submitting comments. Sometimes the initial and second consultation may be completed in a single step. This is the case if the RPF knows that cultural resources are present and how they will be treated. Although it is not a requirement to complete this work in two steps, the usual procedure is to send the first notice prior to the completion of an archaeological survey, and then a second notice after all survey work has been finished and an initial plan for the treatment of cultural resource impacts has been developed, if such resources have been confirmed to exist within the plan.

Consultation Limitations. If the RPF receives requests from the NAHC and/or local tribes that appear to be outside the primary topic for consultation (potential impacts to cultural resources), the RPF is encouraged to contact a CAL FIRE Archaeologist for assistance.

Payment of Fees. RPFs occasionally receive requests from Native Americans for payment of fees for consultation. The following information contains CAL FIRE’s direction to RPFs on how they may respond to such requests. The RPF should recognize that in many instances, Native American people are being asked to volunteer their time to provide information. Accordingly, the RPF should consider steps to overcome financial impediments that prevent Indian tribes from effectively participating in the consultation process. These steps may include scheduling meetings in places and times that are convenient for the consulting parties. Consultation is intended to address the identification of sites, site significance evaluation, impacts assessment, and resolution of significant adverse change. Its purpose is to give Native Americans an opportunity to present their interests and concerns regarding the proposed THP, and this information must be included in the Confidential Archaeological Addendum so CAL FIRE can take it into account prior to making a decision regarding plan approval. This process enables CAL FIRE to carry-out its obligation to seek and consider the views of participating Native American groups and make a good faith effort to solicit the views of Native American individuals and groups and factor these views into the final decision. The consultation requirement, thus, gives an Indian tribe the ability to advocate an outcome it would like to see CAL FIRE take in the final project decision.

When state agencies seek the views of an Indian tribe to fulfill the agency’s legal obligation to consult, the agency is not required to pay the tribe for providing its views, nor is the RPF that is attempting to consult to carry out consultation efforts. The tribe is acting as a responsible agency or an agency with special expertise under CEQA. CEQA does not give agencies acting in these roles authority to charge fees for their response to consultation. If the agency has made a reasonable and good faith effort to consult with an Indian tribe and the tribe refuses to respond without receiving payment, the agency has met its obligation to consult, and is free to proceed with the project review and approval process.

Under some circumstances, however, CAL FIRE may choose to contract with a Native American group or individual for paid consulting services to help CAL FIRE develop information. Those situations may include when CAL FIRE specifically requests a Native American group or individual to conduct a field survey within the CAL FIRE project to address a specific issue requiring their expertise, or during an archaeological excavation when it is has been determined by a CAL FIRE Archaeologist that a Native American monitor is needed. In those instances, the agency or applicant might be formally purchasing the services of the tribe.

Ultimately, a state agency must be able to demonstrate that it made a reasonable and good faith effort. CEQA and the Forest Practice Rules encourage consultation with Indian tribes and their active participation in the planning process. These laws and regulations, however, do not require CAL FIRE or project applicants to pay for consultation. If an agency or applicant attempts to consult with an Indian tribe and the tribe demands payment as a condition of consulting, then the agency or applicant may refuse payment and move to the next step in the review process. In such situations, however, the agency should still document the efforts made to consult with Native Americans. If, on the other hand, the agency or applicant seeks information or documentation that it would normally obtain from a professional contractor or consultant, then they should expect to pay for the work product.

What Native Americans Can Do When THP Notification is Received

After receiving a notification letter from the RPF you should determine whether or not the proposed THP is inside or outside your ancestral territory or area of concern or expertise. Contact the RPF who sent you the notification if you need clarification on the location of the proposed project or any other information contained in the notice. If the proposed THP is within your ancestral territory or area of concern or expertise, an archival search should be conducted through the tribe’s archive, or by contacting tribal elders and members for comments. Archival search and consultation provides you with the ability to place the proposed THP within one of three categories that entail particular courses of action:

1. No know known sites and no specific concerns. No further review is required. You may send a form letter to the RPF notifying the RPF that the Tribe has no knowledge of a cultural site on this particular project and has no concerns with the proposed THP, or so notify the RPF over the telephone, or simply not respond.

2. No known sites identified but the information gathered suggests the likelihood for the existence of a site. In these cases, if you have concerns you may wish to contact the RPF to discuss your findings or ask for additional time to conduct more research.

3. Known sites. If you know of confirmed or suspected cultural sites within the proposed THP area, notify the RPF about this as soon as possible so this information can be utilized during project planning. Disclose where the site is located, what it is, how large an area it covers, and offer suggestions on how it could be protected. It is preferable for this response to be in writing and accompanied by a map, but you may also provide this notification to the RPF through a telephone call. It is important that you provide the RPF with this information as soon as possible so the site is identified in the plan and afforded appropriate protection.

If you desire to participate in an on-site inspection to show the RPF the precise location of the cultural site or to evaluate its protection, contact the Registered Professional Forester and request to meet with the RPF during the plan preparation or to participate in the Preharvest Inspection (PHI). If the RPF is unable to accommodate your request to visit the project area, you may contact a CAL FIRE Staff Archaeologist to request to attend the PHI. Site visits by Native Americans are often only permitted with landowner consent, and in many cases CAL FIRE does not have the authority to force the landowner to allow such a site visit to take place. There may be some circumstances where CAL FIRE does have sufficient authority to override the landowner, if the landowner wants the proposed project to continue to CAL FIRE for approval. Under these circumstances, CAL FIRE would need to conclude that a certain Native American group or individual has specific information that must be conveyed not only in writing, but in the field as well. In such cases, the Native American is acting as CAL FIRE’s expert and may participate on the PHI under the Department’s authority to inspect the THP to assist CAL FIRE identify the location and aerial extent of cultural sites that may exist on the plan. The specific authority enabling CAL FIRE to bring a Native American expert out on a field inspection of a THP, when CAL FIRE determines this step is necessary, is found in Section 1037.5(a) of the Forest Practice Rules.

The Timber Harvesting Plan (THP)

The Timber Harvesting Plan (THP) serves three functions. It provides information concerning a proposed THP to enable CAL FIRE to make a determination concerning whether or not the plan conforms to the rules. It provides information on a proposed project to those neighbors and interested members of the public and affords them an opportunity to comment on the proposed project, and it provides information and direction to timber operators (loggers) so that they can follow the operational aspects of the approved THP. The RPF does an extensive amount of work in order to prepare a THP. Initially the THP area is reviewed on maps and aerial photographs, and nearby projects are reviewed to assess the potential cumulative impact of the proposed timber operations. The RPF may spend days or weeks assessing potential impacts to timber, water, soil, wildlife, cultural resources, and other forest resources, and develops a plan to wisely manage these resource values. This assessment will include extensive fieldwork for surveys and inventories, research, and report preparation during the development of a proposed THP. The RPF then writes the THP and submits it to CAL FIRE for review. The RPF is working for the THP Submitter who is either the timberland owner or the timber owner, or the timber operator - sometimes these are three different people or companies. THP preparation includes the preparation of a Confidential Archaeological Addendum (CAA). The CAA contains all information on the cultural resource investigation conducted for the project, including the results of the Native American notification process, the archaeological survey, what sites were found, and how these sites are to be protected. The preparation of a THP may take from one month to several years to complete. A Notice of Intent is required to be posted in a conspicuous location on the public road nearest the THP site. This Notice includes items such as the names of the timberland owner, the RPF, the THP Submitter, the number of acres to be harvested, and the address for the CAL FIRE Regional Office available for public input. A map is also posted with the location of the project shown.

How THPs Are Reviewed

When CAL FIRE receives the THP, the Department has ten days to file it or return it. A plan is filed when it is found by CAL FIRE to be complete and in proper order. CAL FIRE will send a notice of filing of the THP to any person who requests, in writing, to be notified. After the plan is filed, written comments and concerns from the public can still be provided to CAL FIRE and these must be considered during CAL FIRE’s review of the THP. A CAL FIRE Staff Archaeologist reviews every Confidential Archaeological Addendum (CAA) for every THP submitted to CAL FIRE. The CAL FIRE Archaeologist reviews the CAA to determine if all of the cultural resource investigation procedures have been satisfactorily completed, evaluates the professional adequacy of the survey effort and survey documentation, and evaluates the adequacy of proposed protection measures for identified cultural resource sites. The CAL FIRE Archaeologist may participate on the PHI, along with the RPF and the CAL FIRE Forest Practice Inspector, to evaluate the archaeological survey effort, conduct an on-the-ground search for additional sites, or evaluate site significance and protection measures.

It is unlikely that CAL FIRE and their staff archaeologists will be able to locate non-archaeological cultural sites without the involvement and assistance from local tribes. Traditional cultural properties, gathering areas, prayer sites, and other specific locations of cultural importance to Native Americans, especially those that lack surface artifacts or features, are examples of cultural resources that are usually not identified during archaeological surveys. Many of these are known only to local Native American groups. By responding to the written notification, local Native Americans can notify the RPF and CAL FIRE that a cultural site exists in the area proposed for timber operations and ensure the site is afforded protection. Most often archaeological sites are completely protected from harvesting operations, and special protection measures are sometimes also included within the 100-foot zone surrounding the site. During the THP review period the NAHC will check the plan area against their Sacred Land Files to see if any previously recorded cultural sites exist in the THP area. If there appears to be any archaeological or culturally sensitive areas within the proposed harvest area as a result of the review by the NAHC, the RPF is promptly notified so this information can be investigated and addressed in the plan.

Public comments may be directed toward archaeological issues or other issues, which may include water quality, scenic quality, traffic, or biological habitat protection measures. Written comments may be made to both the RPF and CAL FIRE. Information on the location of archaeological or other cultural sites is kept by CAL FIRE in a separate confidential file that is not available to the general public.

Time Frame

The rules require the RPF to wait at least ten days for possible response to their request for information in the written notification to local Native Americans. Native Americans actually have much more time than the minimum 10-day period for response to the notice that is mentioned by the RPF in the initial notification of a proposed THP. The RPF asks for a response in ten days so concerns may be addressed before CAL FIRE receives the THP. The RPF must send their request to the Native Americans at least ten days before delivering the THP to CAL FIRE. Once CAL FIRE receives the THP they have up to ten days to file or return it. After the THP is filed there is a minimum of fifteen (15) days from receipt of the Plan by the CAL FIRE before approval. This will give the public time for written comments. If a PHI is done, the 15-day period for public review begins at the date of the PHI, not the date of filing, giving the public more time for review. After the initial review and public comment have ended, the Director has up to ten working days to review the public input, to consider recommendations and mitigation measures of the agencies, and determine if the plan is in conformance with the applicable rules. Therefore, a minimum of twenty-five (25) days is available to respond to a THP after it has been filed, and quite often the time frame is longer than thirty-five (35) days.

Even if Native Americans provide notification of the existence of a cultural site after CAL FIRE has approved the THP, CAL FIRE will attempt to respond to the information and may have authority to insert protection measures into the THP. CAL FIRE’s authority to address late-arriving information and make additional inspections upon the property is limited to the life of the THP (usually 3-5 years) although CAL FIRE’s authority may extend for some time after the filing of a THP completion report to inspect and confirm the success of restocking efforts designed to maintain forest productivity.

Approving the THP

All written comments must be considered and responded to before THP approval. THP approval means that the written THP, as documented in possible revisions required by CAL FIRE, is found to be in conformance with the applicable rules. If you become aware of a site location, even after a THP is approved, contact CAL FIRE. The CAL FIRE Archaeologist and the CAL FIRE Forest Practice Inspector will attempt to confirm its location on the ground, evaluate the potential for significant impacts associated with logging operations, and ensure that appropriate protection measures are amended into the THP. If during timber harvesting an archaeological or historical site is discovered, by rule, all timber operations must stop in the immediate area surrounding the discovered site, and CAL FIRE must be immediately notified. The newly discovered site will be addressed in a THP amendment, and CAL FIRE will immediately send that proposed amendment to Native Americans. The CAL FIRE Archaeologist, or the CAL FIRE inspector under the Archaeologist’s direction, will evaluate the site and protection measures may be amended into the THP. The CAL FIRE Archaeologist, along with other CAL FIRE Inspectors, may inspect the THP area before, during and after harvesting operations to insure protection of sites.

Additional Information

To obtain more information on CAL FIRE’s Archaeology Program or the Forest Practice Rules for the protection of cultural resources, visit the CAL FIRE Archaeology Program Web Site. These web pages contain a complete set of the current forest practice rules for the protection of archaeological and historical sites, CAL FIRE’s Native American Contact List, CAL FIRE procedures, Management Plans, Survey Report Forms, Site Recording Forms, news stories, program information, and many other items.

Names, Phone Numbers, and Addresses of Key Contacts

CAL FIRE Staff Archaeologists

Rich Jenkins (Senior State Archaeologist for CAL FIRE’s Northern Region)
Northern Region Operations Center
6105 Airport Road
Redding, CA 96002
(530) 224-4749 (office)
(530) 949-8822 (mobile)
(530) 242-7170 (pager)
rich.jenkins@fire.ca.gov

Linda Pollack (Lead Archaeologist for CAL FIRE’s Southern Region)
Southern Region Headquarters
1234 East Shaw Avenue
Fresno, CA 93710-7899
(559) 243-4119 (office)
(559) 250-8557 (mobile)
linda.pollack@fire.ca.gov

Chuck Whatford (CAL FIRE Archaeologist in the Northern Region)
Northern Region Headquarters
135 Ridgway Avenue
Santa Rosa, CA 95402
(707) 576-2966 (office)
(707) 529-7989 (mobile)
(707) 541-5177 (pager)
chuck.whatford@fire.ca.gov

Steve Grantham (CAL FIRE Archaeologist in the Northern Region
CAL FIRE Humboldt-Del Norte Unit
118 Fortuna Boulevard
Fortuna, CA 95540-0425
(707) 726-1251 (office)
(707) 599-7355 (mobile)
(707) 444-7293 (pager)
steve.grantham@fire.ca.gov

Herb Dallas (CAL FIRE Archaeologist in the Southern Region)
Southern Region Operations Center
2524 Mulberry Street
Riverside, CA 92501
(951) 320-6113 (office)
(951) 840-0004 (mobile)
herb.dallas@fire.ca.gov

Gerrit Fenenga (CAL FIRE Archaeologist in Sacramento Headquarters)
Sacramento Headquarters
Room #1516-22
P.O. Box 944246
Sacramento, CA 94244-2460
(916) 651-2021 (office)
(916) 261-1108 (mobile)
gerrit.fenenga@fire.ca.gov

California State Board of Forestry and Fire Protection
George Gentry, Executive Officer
P.O. Box 944246, Room #1515-16, Sacramento, CA 94244-2460
(916) 653-8007
george.gentry@fire.ca.gov

Eric Huff, Professional Foresters Licensing
P.O. Box 944246, Room #1515-16, Sacramento, CA 94244-2460
(916) 653-6634
eric.huff@fire.ca.gov

CAL FIRE’s Native American Advisory Council
Harriet Rhoades, Chairperson
P.O. Box 91, Fort Bragg, CA 95437
(707) 964-2647
Noyojetty1@earthlink.net

Native American Heritage Commission
Larry Myers, Executive Secretary
915 Capitol Mall, Room #364, Sacramento CA 95814
(916) 653-4082
lm_nahc@pacbell.net

U.S. Forest Servic
Sonia Tamez, Tribal Relations Project Leader
1323 Club Drive, Vallejo, CA 94592
(707) 562-891
stamez@fs.fed.us