U.S. Forest Service archaeologist Scott Ashcraft knew western North Carolina’s woods contained critical information about human history in the Appalachian Mountains. For years, Ashcraft’s attempts to alert forest managers were ignored. Ashcraft believed outdated modeling overlooked artifacts buried on steep terrains, including significant areas for Native American tribes.

Based on this theory, Ashcraft wanted to re-examine plans for national forest lands, such as prescribed fire planning, logging, and creating recreational trails.

These plans often allegedly violate environmental protection and historic preservation laws (including the National Historic Preservation Act) by failing to consult with tribes, seek input from state archaeologists, and review scientific data. Without necessary research and consideration, such plans could irreversibly destroy cultural resources and places.

In 2021, Ashcraft’s prediction of buried artifacts was confirmed when a wildfire fighting bulldozer dig uncovered ancient tools. Picks, hammer stones, and spear points were found, providing Ashcraft with the evidence he sought. When Ashcraft brought this information to his managers’ attention, they retaliated against him and continued with their plans.

On November 14, 2024, Ashcraft submitted his concerns in a letter to officials in the U.S. Forest Service, U.S. Interior Department, White House Council on Native American Affairs, and National Congress of American Indians, as shared with The Associated Press. Ashcraft detailed North Carolina forest managers’ alleged unethical, illegal, and irresponsible behavior. This activity goes against the historic progress President Biden’s administration has nationally made to include Indigenous experts in public land management decision making.

With action plans and guidance involving sacred sites, President Biden’s administration has recognized Native Americans’ connection to their homelands. In 2022, President Biden released a memo to set minimum guidelines for how agencies should conduct tribe consultations.

Ashcraft’s letter is the latest development in his federal whistleblower case that started when he filed a disclosure with the U.S. Department of Agriculture’s Inspector General in 2023. The Inspector General referred the case to the Forest Service. After an internal review in May, the Forest Service’s regional officials determined the legal requirements were met. The Forest Service asked independent experts to review projects’ compliance with federal laws in addition to tribe consultation requirements. The experts recommended further training for employees on the National Historic Preservation Act and asked them to review the Heritage Program.

Ashcroft’s disclosure alleges that forest managers obstructed further archaeological investigations on steep slopes. The disclosure says that recreational trail projects were built over certain areas, and prescribed burns occurred without additional assessments and tribal consultations.

Cherokee Nation, the Eastern Band of Cherokee Indians, the Catawba Indian Nation, the Muscogee Nation, and the United Keetoowah Band also received the whistleblower disclosure.

Preservation experts and researchers viewed Ashcraft’s whistleblower disclosure as evidence of forest managers’ hostility against Ashcraft. Ashcraft’s job duties as the Heritage Resources Program Manager for the Pisgah National Forest were reassigned to other employees, and he was barred from corresponding with tribes.

Forest officials have not responded to Ashcraft’s allegations of retaliation; however, they said they will take action to collaborate with the tribes that have ancestral connections to the Pisgah and Nantahala National Forests.

Ashcraft described a larger underlying issue in the U.S. Unless a whistleblower comes forward, the Forest Service’s work often goes unchecked. Moving forward, Ashcraft wants the Forest Service to prevent skipping requirements, encourage tribe consultations, and use supplemental research before starting projects.

In an interview with the Associated Press, Ashcraft said, “It seems that project completion, feathers in caps, and good performance evaluations have outweighed the protection of cultural resources.”

In the letter, Ashcraft stated that identifying and preserving Native American heritage sites supersedes any agencies, tribes, or whistleblowers. “Protection of these resources is a duty shared by actors across state and federal government, sovereign tribes as well as civil society. When one fails – spectacularly and in bad faith – it is up to the rest to step in.”

This is not the first time the Forest Service was accused of not following procedures. Parts of the Trail of Tears were torn up in eastern Tennessee when a worker approved construction without prior authorization in 2016. In response, the Forest Service apologized to the Cherokee Nation among other tribes.

Ashcraft does not want work on forest lands to fully stop. Rather, he hopes for proper documentation of sites, thorough consultations with native tribes, and for forest officials to gain a better understanding of the land before irreversible work is authorized.

If you would like to learn more about the National Historic Preservation Act or what it means to be a whistleblower, please don’t hesitate to contact us. We will connect you with an experienced member of our whistleblower team for a free and confidential consult.

Read U.S. Forest Service Archaeologist Whistleblower Highlights Destruction of Native American Tribal Sites in North Carolina at constantinecannon.com