The U.S. Forest Service may once again allow logging in an area of the Shawnee National Forest known as Bell Smith Springs after the 7th circuit U.S. Court of Appeals struck down a court order halting a restoration program involving timber harvests in the area.

The Forest Service’s restoration program encompasses clearing the area of more than 3,000 acres of shortleaf pines planted around the Bell Smith Springs area by the agency 70 years ago to prevent soil erosion and serve as a supply of timber to meet market demands. Bell Smith Springs is located south of Harrisburg in Pope County.

Some environmentalists say ecological restoration is a guise under which the agency allows lumber companies to remove trees in questionable below-cost timber sales, sometimes at taxpayer expense.

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In its opinion, the court stated openly that the Forest Service environmental assessment of the area known as Operation Area 6, did not mention that native shortleaf pines are listed as an endangered species under Illinois law.

The Forest Service claimed an exemption in the Illinois endangered-species law because the service introduced the shortleaf pines to the area itself.

Joseph Glisson and John Wallace brought suit against the Forest Service in 1995 in a U.S. District Court and temporarily put on hold the agency’s proposal to remove the pines and restore the area to its original state.

Glisson, an environmental activist and founder of the Regional Association of Concerned Environmentalists, said he will not appeal the decision, nor bring suit against the Forest Service again to halt timber sales. However, the 3,400 acres in question could again gain protection from logging activities if a lawsuit is brought against the Forest Service by Mark Donham, president of the Regional Association of Concerned Environmentalists.

An administrative appeal was submitted by RACE as well as the Sierra Club and Heartwood of Indiana with the U.S. Forest Service in June 1996 after a court decision favoring the agency.

The appeal raised 14 separate environmental issues with the Forest Service, provided evidence for claims and recommended that the Forest Service re-evaluate its restoration project, which included the selling and harvesting of the shortleaf pine in Operation Area 6.

Donham and other environmentalists reserve the right to bring suit against the agency based on the summary review and denial of their appeal by the Forest Service. Donham and the other agency appellants have until the year 2002 to attempt to have a case heard in a U.S. District Court.

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Donham’s people have been actively working on the case. He said a move to harvest trees in the area would affect if and when a lawsuit is filed.

Should cutting begin based on the decisions of the Forest Service or the logging company, that would have a significant effect from the decision on our side to file a lawsuit, Donham said.

The rights to remove the shortleaf pines at Bell Smith Springs were sold to loggers in five lots, and harvester Westvaco Inc., based in Wyckliffe, Ken., purchased two of those lots in 1992. Their contract would have extended to 1996 at the latest, but lengthy court-ordered injunctions have left the company with many acres to harvest.

Westvaco Inc. spokeswoman, Sandra Wilson, said in light of the favorable court ruling that the company is in the process of evaluating their wood needs.

The Forest Service will not decide when logging will begin in Bell Smith Springs, Forest Service Public Affairs Officer Becky Banker said. Such a decision is up to the logging companies.

As a federal agency, the Forest Service is mandated to do certain things on this chunk of land, Banker said. We believe we do a good job following rules and regulations from Congress.