79 



It would be difficult to overstate the importance of this tp private landowners, sawmills, and 

 loggers in the region should the Court rule harvesting must stop during the April to August nesting 

 season. Logging is a weather dependent industry, and this time coincides with the period of peak 

 production in the industry. It is also a time when the associated environmental impacts of logging 

 are at a minimum for some sites. 



111. CONCLUSIONS 



We have a saying in Tennessee that, "if it ain't broke, don't fix it." Unfortunately, the Forest 

 Service appeals process is broke and it does need fixing. I am not aware of any other government 

 agency that goes through so torturous a process to arrive at a decision and spends so much money 

 to get there. 1 don't believe the Forest Service ever intended to give so much power to so few. That 

 has happened none the less, and now the process is dysfunctional and subject to misuse by groups 

 seeking to stop timber sales. The end result is an uncertain future for forest dependent small 

 businesses, and taxpayer dollars wasted on litigation that could be spent to ensure a healthy, more 

 productive forest for future generations. 



How can we "fix" the Forest Service appeals process? 1 would like to reiterate some of the 

 suggestions 1 have heard over the course of my preparation for this testimony. 



(1) Examine and resolve conflicting requirements of the various laws that guide Forest 

 Service policy. 



(2) Examine and reconcile multi -agency responsibility for the enforcement of environmental 

 laws. For example, the Forest Service must deal with EPA, U.S. Fish and Wildlife, National Marine 

 Fisheries Service, and the Army Corp of Engineers on different environmental laws. These agencies 

 sometimes disagree among themselves over the interpretation of the law. 



(3) Limit appeals to those who have participated in the decision making process. 



(4) Limit appeals to forest specific issues. Don't allow appeals filed to address national 

 issues, and apply more to laws such as NFMA act, than to Forest Plans or projects. 



(5) End frivolous appeals and litigation by requiring appellants to post a bond. 



(6) Require the Forest Service to make a full and detailed cost accounting of the taxpayer 



