North Point
http://www.argusleader.com/news/Tuesdayarticle4.shtml
Tribal bones case enters
second day of testimony
By John-John Williams IV
Argus Leader
published: 6/11/02
Judge nixes motion to dismiss
Crews have stopped working at a site along the Missouri River where human
remains were unearthed, so no court action is needed, a lawyer for the U.S.
Army Corps of Engineers argued in federal court Monday.
But, Judge Lawrence Piersol rejected the corps' motion to deny the Yankton
Sioux Tribe's request for a temporary restraining order. The tribe claims that
human remains and funerary objects were removed illegally from a site in the
North Point State Recreation Area near Pickstown. They have asked for a
temporary order to protect the burial site. They also want Piersol to declare
unconstitutional the recent transfer of shoreline property from the federal
government to the state.
"This case, these types of cases are so important because it involves three
governments: state government, federal government and tribal government, and
two cultures: Anglo and Native American," Piersol said.
On the second day of the hearing, Yankton Sioux Tribal members testified about
learning of the discovery of the remains at the construction site. They also
testified about the location of other similar river burial sites. Some tribal
members told Piersol they were mistreated once they arrived at the North Point
site.
After a midday recess, Bonnie Ulrich, assistant U.S. attorney, asked Piersol to
dismiss the restraining order request.
"There is no evidence of any excavation after June 4," Ulrich said. "There is
no immediate need for a temporary restraining order ... it would not be in the
public interest."
She said entering such an order would be a "public disinterest since none of
the laws are being broken."
A 24-hour guard has been posted and a fence erected to protect the site, Ulrich
said.
Bones and burial items that were unearthed and taken to Rapid City are being
held in a secure, climate-controlled place where they can be studied so it can
be determined which tribe they belong to, Ulrich said. When that's done, they
can be returned and reburied, she said.
"The law is being followed, and there's no evidence to show it's not being
followed," added South Dakota Deputy Attorney General John Guhin.
Mary Wynne, the tribe's lawyer, argued that the temporary order should be
approved because a culturally and spiritually sensitive area has been harmed.
She said it was well known that the North Point area contained a burial site.
"The state of South Dakota has an entire state to dig up," Wynne said. "But
they dug, they dug directly into burial grounds."
"The exposure of remains is an extreme violation of spiritual beliefs of these
people," Wynne said.
Tribal member Faith Spotted Eagle returned to the stand Monday.
"In all these areas there are kinship burial areas, all along the Missouri
River," Spotted Eagle said.
Glenn Richard Drapeau, a Yankton Sioux tribal official, testified about his
arrival at the site on the second of two visits.
"I saw exposed skulls," Drapeau said. "A lot of earth had been moved away."
Drapeau also said he felt insulted when a man who was guarding the area told
him to leave.
"I was told to get away from the site because it would be disturbed," Drapeau
said. "I have a right to be there."
Workers hired by the state to remove fill dirt at the recreation area last
month uncovered the bones thought to be the remains of two children and a
woman.
State officials had the remains transported to Rapid City, saying they first
thought they were not Native American.
Gov. Bill Janklow's press secretary, Bob Mercer, has said the state notified
the tribe of the remains later, after determining they were Native American.
Tribal members have said the transfer of the remains without notification
violates a federal law designed to protect cultural and religious sites such as
burial grounds.
Tribal officials also say they informed the corps before the land transfer that
the North Point area contained sites used for Native American religious
purposes, including burial grounds.
Wynne said the temporary restraining order is a way to keep further work from
occurring at the site until a hearing on a permanent order can be held. She
said the case will set a national precedent because it will test whether
culturally significant or sacred sites can be transferred out of federal
protection.
The hearing continues today, when Ulrich is expected to call two witnesses.
Guhin said he has three witnesses scheduled to testify.
Thanks to Ann Bates
S.D. questions how bones got into dirt at site
BY JOHN-JOHN WILLIAMS IV
Argus Leader
published: 6/8/02
Insinuation insults Yankton Sioux
Native American remains found at a construction site might have been planted
there, a lawyer for the state suggested in court Friday.
Witnesses were questioned during a hearing on a request for a court order
stopping further removal of remains from the site.
The Yankton Sioux Tribe filed the lawsuit in federal court this week requesting
that the burial site near the North Point State Recreation Area near Pickstown
be protected. The tribe also wants Judge Lawrence Piersol to declare the
transfer of Missouri River shoreline from the federal government to the state
unconstitutional.
The hearing continues Monday with testimony from the state.
Deputy Attorney General John Guhin, representing the state, questioned how the
remains Go to the site and were uncovered.
"Are you suggesting that the skulls are a setup?" Piersol said.
"They had to get there somehow," Guhin said during his questioning of tribal
member Ellsworth Wayne Chytka.
"God, the spirits, your guess is as good as mine," Chytka said.
State officials said no skull was among the initial remains discovered when
they began excavating the site last month.
Tribal lawyer Mary Wynne and many of the tribal members in the courtroom were
disgusted by the line of questioning. "I almost fell out of my chair," Wynne
said afterward. "I never would have thought it would be said."
Chytka began to cry when Wynne asked him if he had planted any of the remains.
"Oh no," Chytka said. "Why would I do that?"
Wynne said even asking the question was insulting.
Chytka and Faith Spotted Eagle testified at the hearing about going to the site
to protect the remains.
Guhin also questioned the validity of oral history that was used by Spotted
Eagle to explain how she was a descendant of the people buried at the site.
"Can you show a study that would show oral history is reliable over 100, 200,
300 years?" Guhin asked.
"Give me time and I'll show you," Spotted Eagle said.
Workers hired by the state to remove fill dirt at the recreation area uncovered
funerary objects and bones thought to be the remains of two children and a
woman last month. State officials had the remains transported to Rapid City,
saying they first thought they were not Native American.
Gov. Bill Janklow's press secretary, Bob Mercer, has said the state notified
the tribe of the remains later, after determining they were Native American.
Tribal members have said the transfer of the remains without notification
violates federal law designed to protect cultural and religious sites such as
burial grounds. They have asked that the remains be returned and reinterred.
The U.S. Army Corps of Engineers is responsible for handling Native American
artifacts and remains along the Missouri River even though the land was
transferred to the state earlier this year.
Spotted Eagle testified that when she left the site in question June 3 and came
back the following day, more land had been moved and that two human skulls were
protruding from the ground.
Spotted Eagle said she went to the site with a half-dozen other tribal members
after receiving news that the site was being disturbed.
She was appalled to learn that remains had been taken to Rapid City. "It is
common knowledge that remains are in the area," she said.
Spotted Eagle testified that the ground was sacred and that the remains should
have stayed undisturbed. "The general council ruled that we needed to protect
that site," Spotted Eagle said.
Tribal officials said they informed the Corps of Engineers before the land
transfer that the North Point area also contains sites used for Native American
religious purposes, including burial grounds.
According to the lawsuit, tribal officials urged the corps not to transfer the
North Point land to the state, fearing that those sites would be harmed.
Chytka, who says he is a descendant of those buried at the site, said he was
told from a young age that it was his responsibility to protect the land.
"A lot of the elders came to me and said 'Not again. We went through this once,
we will not go through this again,' " Chytka said referring to White Swan, near
the Fort Randall Dam, where a massive Indian burial ground was discovered more
than two years ago.
"These people are not resting in peace," Chytka said. "It's a matter of respect
... respect for all humans."
Wynne said the temporary restraining order is a way to keep further work from
occurring at the site until the permanent hearing. The temporary restraining
order can last up to 10 days.
"It buys time until the judge is able to make a decision," Wynne said.
Wynne said the case will set a national precedent because it will test whether
sacred sites can be transferred out of federal protection.
"It makes me kind of sick," Wynne said. "I shouldn't have to do this."
Thank you to Ann Bates
Johnson, tribe want remains returned now
By LEE WILLIAMS
Argus Leader
published: 6/6/02
State archaeologists say they're following law in holding bones
Sen. Tim Johnson has called on the state to immediately return the remains of
three Native Americans taken from a construction site near the Fort Randall Dam
to the Yankton Sioux Tribe.
The tribe's vice chairman wants a criminal investigation into whether federal
law protecting tribal remains was violated when the state and U.S. Army Corps
of Engineers decided to remove the remains - found May 14 - from the site
without notifying the tribe.
Tribal lawyer Mary Wynne filed a request for an injunction in federal court
Wednesday, asking a judge to officially halt work at the site. Workers for
several contractors - who had been working on improvements to the North Point
State Recreation Area - voluntarily left the site Tuesday when tribal members
confronted them.
The remains of two children and a woman were unearthed last month by
construction workers removing fill dirt at the recreation area. They're thought
to date from the 1800s.
State officials said they first thought the remains were not Native American,
and removed them to Rapid City. They determined otherwise May 23 and notified
three tribes the next day, a spokesman for the governor's office has said.
Tribal members are outraged that they were not contacted until after the
remains were in Rapid City, which they say violates federal law. They want the
remains brought back to the site immediately and reinterred, a condition
mirrored in Johnson's statement.
"The YST seeks to initiate reparation and reburial procedures. To do so
requires immediate return of the remains to the original burial site," Johnson
said. "It is my understanding that the remains of ancestors have been touched,
handled and removed from the original burial site and sent to Rapid City
without the appropriate ceremonial rites, and that sacred objects have been
handled without the consultation with medicine societies, the tribe or
descendants."
Assistant State Archaeologist Michael Foshia said the remains aren't going to
be returned immediately, despite Johnson's statement.
"Well, that's fine. He can call for their return. The tribes have called for
their immediate return. What we did was to protect the remains," Foshia said.
"What we're going to do is follow the law. If Senator Johnson would like to
call, I'd be happy to talk to him. I find him a very rational and good
senator."
Foshia said his office did nothing wrong and that the tribe should be more
understanding.
"Things could have been handled better, yes," he said. "The tribe could have
understood the law, our office and the corps, and the requirements concerning
human remains."
The federal Native American Graves Repatriation Act spells out protocol to be
followed when remains are found, including notification of tribal officials and
returning remains to tribes. It also includes penalties of up to five years in
prison and fines up to $250,000.
The Corps of Engineers recently turned over management of the recreation site
to the state, but the corps maintains responsibility for handling Indian
artifacts and remains along the Missouri River.
Foshia said the remains are locked in a room at his office used to store human
remains, where they'll stay until after consultation.
"Consultation is a legal format, meaning there are steps that you take ... at
that point in time we were out there for emergency recovery - remains on the
landscape surface," he said.
Foshia said no additional excavation at the North Point site is planned, unless
it's requested by the tribe, something the tribe strongly opposes.
State Archeologist Jim Haug can't say when the remains will be returned to the
tribe. The corps, he said, is in charge.
"We have to go through consultation," he said. "I don't know how long it will
take to set that up. The corps is leading that."
Jafar Karim, a spokesperson for Congressman John Thune said the North Point
remains should be treated with the "utmost respect."
"As a result, we have been in contact with the Corps of Engineers and the State
of South Dakota to ensure that they follow the law and work with the tribes
first to determine the affiliation of the remains and then how to handle the
remains once the affiliation is identified," Karim said. "John will make sure
that this is done as quickly as possible."
Johnson wants answers.
"I strongly urge the corps halt any further activity in this area, pending
adequate consultation with the YST officials," Johnson said. "I also request an
explanation on how these activities could have occurred in light of previous
discussions on this issue on the need for thorough and proper consultation with
tribal officials."
Larry Janis, an archeologist for the Corps of Engineers in Omaha said an
archeologist from his office conducted a "reconnaissance cultural resource
survey" of the ridge before any digging began.
The survey, which included checks of databases and a site visit, did not
include interviews with any tribal members. The survey concluded that no
remains should have been present.
"I wouldn't say that things were missed," Janis said. "I would say we were
pursuing identification along normal channels. It's (interviews with tribal
members) not part of the normal process Section 106 lays out."
Officials have blamed the delay in notifying tribal officials on the fact that
they weren't sure the remains were Indian.
At first, corps officials weren't even sure the remains were human, Janis said
Wednesday.
"When the first notification came on May 15, they thought they were horse
bones," Janis said. "That's not that unusual, when a person isn't trained."
Bob Connoyer, vice-chair of the Yankton Sioux Tribe called for a criminal
investigation.
"I believe someone needs to be charged with something, as there was
wrongdoing," he said. "Now, no one is taking responsibility, which happens all
the time."
U.S. Attorney James McMahon did not return a call for comment.
Connoyer said federal and state officials should have known there were Indian
remains on the ridge.
"They were well aware of that on North Point," he said. "They just failed to
follow the process which clearly names the steps they need to take before
removing even a spoonful of dirt."
The bones and artifacts were found among dirt that was being dug for fill at
several sites in the park, including a sewage dump station. Contractors said
they don't know whether they'll be allowed to return to the site or the status
of their contracts.
Lloyd Hyde, site supervisor for Crazy Hawk Masonry, built several bath houses
at the park including one down the ridge from where the remains were
discovered.
"We've got about $15,000 worth of labor and $15,000 worth of materials in the
one by the site," he said Wednesday. "They'll probably just end up tearing it
down."
Park Manager Jon Corey said park rangers maintained security at the site since
Tuesday night and are are still there today.
The corps also put out a statement late Wednesday reminding people who use
recreation facilities along the Missouri River that disturbing burial grounds
or archeological sites violates federal law.
Corey said he isn't sure what is going to happen next at North Point.
"For the time being, we're all on hold," he said. "We haven't come to a
conclusion yet. Our director and division specialist are working on it in
Pierre."
Connoyer said he's been contacted by many tribal members who are angry the
remains were removed.
"They feel it's another case of the government trampling our rights," he said.
"These laws were created to protect us. We are not being protected."
Galen Drapeau, a medicine man for the Yankton Sioux Tribe wants the site, which
is now state property, returned to the tribe.
"We will rebury our ancestors and honor them," Drapeau said Tuesday. "Tribal
members can then come here to pray."
Little is known about the three people found at the site. They're believed to
be Yankton or possibly Ponca.
Glenn Drapeau, an elected tribal official and Galen's brother, said dentillium
shells were found by the woman's remains.
"They're very rare. These indicates she was probably a lead female," he said.
"Maybe the wife or daughter of a chief. We've Go to get her back, bring her
home."
Thanks to Ann Bates
http://www.argusleader.com/news/Wednesdayfeature.shtml
Tribe: Workers moved bones
By LEE WILLIAMS
Argus Leader
published: 6/5/02
State admits exhuming remains; construction work not shut down
Workers moving dirt at a Missouri River campground unearthed three sets of
human remains last month and moved the bones in violation of federal law,
tribal representatives charged Tuesday.
A crew digging fill dirt with a backhoe and bulldozers in the North Point State
Recreation Area uncovered the remains of a young woman and two children on May
14. Funerary artifacts such as pottery shards, glass beads, a pipe and an eagle
claw also were found near the shallow grave.
Yankton Sioux tribal officials say the remains are Native American, and moving
them without contacting the tribe violates the Native American Graves
Repatriation Act (NAGPRA), a federal law that spells out the protocol to be
followed once such remains surface.
"They violated federal and state law, but I am angriest that they can be so
deceitful," said Sharon Drapeau, leader of the Braveheart Society, a tribal
group concerned with repatriating Indian remains.
State officials, who recently took over management of the area from the U.S.
Army Corps of Engineers, acknowledge that they exhumed the remains and
transferred them to Rapid City. The Corps of Engineers maintains responsibility
for the handling of Indian artifacts and remains along the river.
In a written statement, Bob Mercer, Gov. Bill Janklow's press secretary, said
the original presumption by the corps was that the remains were not Native
American, and the site fit no known cultural pattern. "Further determination by
the state and the corps changed that opinion on May 23," Mercer said.
The next day, the state then contacted the three area tribal governments by
mail and fax and telephone, according to Mercer. He said the corps had
determined the best route was to remove all remains from the site, with plans
to do so on June 4.
The operation was the corps' responsibility, Mercer said, but the state
contacted the tribes as a "show of partnership and good faith."
South Dakota tribes have filed federal lawsuits in recent years after declining
water levels caused Native American remains to surface at other burial sites.
North Point State Recreation Area Park Manager John Corey said the remains were
removed "for security reasons, once they were exposed to the elements."
More remains - including two complete human skulls - are visible at the site, a
spot near the river where workers have removed more than 6,000 cubic yards of
soil.
They've deposited the dirt at various locations around the park, including near
a proposed sewage dump station.
"All that dirt needs to be searched and returned," said Ellsworth Chytka, a
tribal member at the site. "The state is using human remains as backfill for
sewage, and campers will be sleeping on it."
Tribal members, elected officials and members of the Braveheart Society
gathered at the site Tuesday.
"The general council gave us the authority to prevent any further desecration
and to request the return of the remains," Chytka said.
The tribal members plan to maintain a vigil at the site until the status of the
remains is solved. They say they'll try to get a court order to halt further
activity at the site.
Mercer said work in the area where the remains were discovered stopped
immediately after the discovery. But on Tuesday, two private contractors
working for the state were on the scene. They voluntarily stopped working in
the area after being confronted by tribal members.
"You would think they would have notified the construction workers, as they
just took a load out yesterday," said Faith Spotted Eagle of the Braveheart
Society.
The subcontractors, one of which is a company owned by a Native American, are
angry state officials never told them there were remains at the site.
"I wish somebody would have stopped us before today," said Dick Adamson, owner
of Adamson Construction. "I feel sorry for the tribe, I really do. We're taking
their side in this - we're leaving."
The state hired Crazy Hawk Masonry of Mobridge to construct showers and
bathrooms on the ridge near where the remains were found.
"No one told us about the remains or about NAGPRA. I don't even know what the
word means," said Crazy Hawk owner Lloyd Hyde. "Now, they're finding bones in
the dirt pile right by us. We're leaving."
Federal and state archeologists at the site said there is confusion as to who
has jurisdiction at the site - the state or the corps.
"Responsibility for the site
hasn't been determined yet," Corey said. "This is bigger than just me. Had we
known for sure, we never would have dug."
Tom Curran, operations manager for the corp's Fort Randall Project, said the
state and federal governments have formed a working group to determine
jurisdiction on sites such as this, but even he didn't know who was in charge.
"That's a good question," Curran said.
Tribal members say they've known through their oral history over the years that
the small ridge where the remains were found had been used as a burial plot.
"I told the Corps of Engineers, several times, that these ridges all contain
burial sites," Chytka said. "They are all my relatives."
Mercer said that identification was uncertain because several artifacts found
in the grave, such as nails and wood, could have indicated a non-Indian burial.
"As I understand it, the site has puzzled the archeologists for a variety of
reasons, " he wrote.
State archeologist Michael Foshia and corps archeologist Richard Harnois
arrived to conduct a survey on Tuesday. They archeologist were intercepted by
tribal members. After touring the site, they allowed tribal members to
temporarily cover the remains.
"I told them we'd take care of it," Chytka said. "I didn't want them touching
our ancestors."
Sharon Drapeau said a ceremony should have been conducted. "There should have
at least been prayers," she said.
Thanks to Ann Bates
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Photograph--Alfred Bone Shirt Sr. wearing a peace medal.