Trail of Tears damaged by government excavation

Forest Service broke law, documents show

COKER CREEK, Tenn. — The U.S. Forest Service has ripped up a portion of the Trail of Tears in the Appalachian Mountains, reopening wounds for Native Americans who consider sacred the land where thousands of their ancestors died during their forced migration westward.

The man-made trenches and berms were discovered last summer but the details about how it happened and those responsible hadn’t been publicly identified. In documents obtained recently by The Associated Press, the Forest Service acknowledged that an employee approved construction along a ¾-mile section of the trail in eastern Tennessee without authorization, an embarrassing blunder for an agency that was supposed to be protecting the trail for future generations.

The $28,500 in contracting work done in 2014 involved using heavy equipment to dig three deep trenches called “tank traps” and a series of 35 berms. It was meant to keep out all-terrain vehicles and prevent erosion, but agency officials now say it was done in violation of federal laws.

Sheila Bird of the Cherokee Nation said she cried when she was asked at a meeting with Forest Service officials to talk about the impact of the damage.

“The trail is part of our history, of why we are here in Oklahoma,” said Bird, who is the special projects officer for the nation’s Tribal Historic Preservation Office.

The portion of the damaged trail lies near Fort Armistead, one of the stops where Cherokees were held during their forced migration West in the 1830s. This part of the trail follows the first commercial road across the mountains in that region, the Unicoi Turnpike, which in turn followed the course of an ancient Native American trail.

The Forest Service has apologized to the tribes for the damage, both physical and emotional, and is consulting with them over how to repair it. No plan has been finalized, and Forest Service spokeswoman Stephanie Johnson said the agency does not yet know what the restoration work will cost.

When the Forest Service dug up portions of the trail on the edge of the Cherokee National Forest in March and June 2014, it didn’t even own the land, although it was planning to purchase it, according to Forest Service documents obtained by The Associated Press. The documents were provided to AP by the environmental group Public Employees for Environmental Responsibility and authenticated by the Forest Service.

The documents outline the extensive process the Forest Service employees should have gone through before doing the work but didn’t.

For instance, the ranger who approved the project told another employee they didn’t’ have to comply with the National Environmental Policy Act because they did not own the land.

“Despite the lack of compliance with our own policies for the National Environmental Policy Act and federal laws like the ESA (Endangered Species Act), NPHA (National Historic Preservation Act), and the purchase option’s requirements, the project was orally approved,” the documents state.

It’s not clear what, if anything, happened to the employees who ignored the law.