For  decades, the federal wildland fire community pursued a policy of  suppressing all fires as soon as possible. Over the years, suppressing fire in  areas where it naturally occurred has caused an increase in the volume of  brush, small trees, and other vegetation. The increase in such “forest  fuels,” combined with a severe drought in much of the nation over the past  few years, has increased the severity of wildland fires. The Forest Service is responsible for managing over 192 million acres of  public lands—nearly 9 percent of the nation’s total surface area and about  30 percent of all federal lands in the United States. However, because the Forest Service does not have a national database to  track both its decisions involving forest fuels reduction activities and the  extent to which they were appealed or litigated, we were asked to develop  this information. The Number of Decisions Involving Forest Fuels Reduction Activities and the Number of Acres Affected

For fiscal years 2001 and 2002, the national forest managers reported that  there were 818 decisions involving forest fuels reduction activities. These  decisions affected almost 4.8 million acres of national forest land. Number of Decisions

Of the 818 decisions involving forest fuels reduction activities, the forest  managers reported that 52 of the decisions (about 6 percent) were  expected to have significant environmental impacts, thus requiring the  preparation of environmental impact statements. The Number of Decisions Involving Forest Fuels Reduction Activities Appealed and Litigated and the Amount of Acreage Affected

Of the 818 decisions involving forest fuels reduction activities, 24 percent  were appealed. In addition, 25 decisions  (about 3 percent of all decisions) were litigated. Of the 332 appealable decisions, 194 were  appealed affecting over 950,000 acres. There is no limit to the number of appeals that can be filed on an individual  decision. These litigated decisions affected about  111,000 acres (about 2 percent). Outcomes of Appealed and Litigated Decisions and the Identities of Appellants and Plaintiffs

Of the 197 appealed decisions the Forest Service reviewed, 144 (about 73  percent) were allowed to be implemented without any changes. However,  the Forest Service did not allow 38 decisions (about 19 percent) to be  implemented. Of the 25  litigated decisions, 19 have been resolved and 6 were still ongoing at the  time of our review. The Number of Decisions That Were Processed Within Prescribed Time Frames

Most of the appeals that occurred in fiscal years 2001 and 2002 were  processed within the prescribed time frames. For those appeals that were not processed within the 90- day limit, the appeal processing times ranged from 91 to 240 days, with a  median processing time of 119 days. Agency Comments and Our Evaluation

We provided a draft of this report to the Forest Service for review and  comment. The agency generally agreed with the information presented in  the report.
Why GAO Did This Study

The federal fire community's decades old policy of suppressing wildland fires as soon as possible has caused a dangerous increase in vegetation density in our nation's forests. This density increase combined with severe drought over much of the United States has created a significant threat of catastrophic wildfires. In response to this threat, the Forest Service performs activities to reduce the buildup of brush, small trees, and other vegetation on national forest land. With the increased threat of catastrophic wildland fires, there have been concerns about delays in implementing activities to reduce these "forest fuels." Essentially, these concerns focus on the extent to which public appeals and litigation of Forest Service decisions to implement forest fuels reduction activities unnecessarily delay efforts to reduce fuels. The Forest Service does not keep a national database on the number of forest fuels reduction activities that are appealed or litigated. Accordingly, GAO was asked to develop this information for fiscal years 2001 and 2002. Among other things, GAO was asked to determine (1) the number of decisions involving fuels reduction activities and the number of acres affected, (2) the number of decisions that were appealed and/or litigated and the number of acres affected, (3) the outcomes of appealed and/or litigated decisions, and (4) the number of appeals that were processed within prescribed time frames.

What GAO Found

In a GAO survey of all national forests, forest managers reported that in fiscal years 2001 and 2002, 818 decisions involved fuels reduction activities covering 4.8 million acres. Of the 818 decisions involving fuels reduction activities, about 24 percent were appealed--affecting 954,000 acres. However, of the 818 decisions, more than half, 486 decisions, could not be appealed because they involved activities with little or no environmental impact. Of the 332 appealable decisions, 194 (about 58 percent) were appealed. There can be multiple appeals per decision. In addition, 25 decisions (3 percent) affecting about 111,000 acres were litigated. For 73 percent of the appealed decisions, the Forest Service allowed the fuels reduction activities to be implemented without changes; 8 percent required some changes before being implemented; and about 19 percent could not be implemented. Of the 25 litigated decisions, 19 have been resolved. About 79 percent of appeals were processed within the prescribed 90-day time frame. Of the remaining 21 percent, the processing times ranged from 91 days to 240 days. The Forest Service, in commenting on a draft of this report, generally agreed with the report's contents. Their specific comments and our evaluation of them are provided in the report.