S.D. tribe pushes return of disputed remains

FROM THE ARCHIVE

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WEDNESDAY, JUNE 12, 2002

A federal judge on Tuesday halted work at a site near the Missouri River in response to a lawsuit a South Dakota tribe filed when human remains were removed without notification.

After holding three days of testimony during which the beliefs of Yankton Sioux tribal members were called into question, U.S. District Judge Lawrence Piersol temporarily prohibited excavation by state contractors, including a Native-owned firm. The order prevents the state from moving dirt where the bones and other items were discovered.

Piersol also allowed tribal members access to the North Point Recreation Area for ceremonial purposes. Located near Pickstown, the site is about 15 miles from the tribe's headquarters in southeastern South Dakota.

The order didn't grant all the tribe's wishes but it was a victory nonetheless. "There's not going to be heavy equipment and crushed bones out there again," said tribal attorney Mary Wynne after the hearing.

With the preliminary injunction set to expire June 28, the tribe has a number of issues pending before the court. The lawsuit seeks the repatriation of at least four sets of adult remains one juvenile, along with the return of items uncovered May 14.

The state and the federal government, which is representing the U.S. Army Corps of Engineers, continue to challenge the authenticity of the discovery. On the first day of testimony last Friday, a tribal member was driven to tears when asked if she planted the bones.

And during proceedings yesterday, a Corps archaeologist sided with state officials who initially concluded the remains weren't Native ancestors. The witness said they could be non-Indian.

The remains are locked up and no studies have been conducted that could resolve the question. Repatriation would likely prevent testing due to tribal opposition.

Also left unexplained is what prompted the state and the Corps to change their mind about the remains. Three tribes were notified ten days after the discovery but the bones had already been moved by that time.

The late consultation increased disgust among tribal members who believe the Corps transferred the land to the state illegally. The tribe has asked the court to declare the transfer unconstitutional.