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Preservationists bait and switch tactics evolved a strategy of goading the Forest Service 

 about below cost timber sales by delaying and stop planned programs. Eventually it 

 became impossible for the Forest Service to meet its goals and budget objectives. Before 

 long the media and others were clamonng for answers as to why costs were higher than 

 revenues. The leading reason for the higher cost is administrative appeals and the 

 resulting delays. I've mused from time to time, asking if this is the case and Forest 

 Service costs are increasing due to its own appeals rules then was there not an incentive 

 to remedy the problem? Evidently not! 



RECOMMENDATIONS : 



The following recommendations are offered as basis for considering legislation or for 



directing the Department of Agnculture to strengthen the administrative appeals 



program. 



1. Take the free out of the appeals process, if the appellant looses, they pay. At time of 

 filing an administrative appeal that appeal would proceed under an agreement that 

 stipulates that if the appeal is turned down and or litigation is unsuccessful, 

 restitution be made. 



2. Emergency programs after being certified as an emergency would be limited to an 

 accelerated administrative appeal process that requires a deciding officers final 

 decision within 15 working days. 



