Copyright © 2000 NLThomas
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Mediation talks have broken down and the Yankton Sioux Tribe will be going before a federal court on Monday, January 3, 2000, to prevent the U.S. Corps of Engineers from pursuing the destruction of exposed human remains.

The U.S. Army Corps of Engineers, in violation of a long-standing federal law, is seeking to destroy newly discovered Indian remains in the White Swan community along the Missouri River.

"The Tribe sent a full team authorized to make every good faith settlement effort. We stayed all day and into the night. At the end of the day, the Corps felt they could not settle," said tribal attorney Mary Wynne.

"Although we were willing to continue working toward an agreement with the Corps, they refused to continue to negotiate. We will continue to work for the spirit of our people," said tribal member Faith Spotted Eagle, who has many relatives orginally buried at the site. She was also part of the mediation team, along with her sister Sharon Drappeau, who said, "I'm disappointed that the talks didn't work. We tried our best."

Anxiety in the Yankton Sioux community is widespread since federal agencies have routinely skirted the Native American Graves Protection and Repatriatioon Act throughout recent years.

"Protection of our sacred sites is one of the most important and heartfelt priorities in Indian communities," said Spotted Eagle. "The Corps of Engineers seems to believe that if people are poor enough and have no political leverage it's ok to destroy the remains of their relatives," she continued.

Based upon oral histories of the Yankton Sioux people, the Tribe buried its dead in the area of the White Swan Church since at least 1838, and the Tribe may have used the site since prehistoric times.

The federal judge overseeing the case, when granting a temporary restraining order on December 23, 1999, as requested by the Tribe, said, "The Court is cognizant of recent media reports of the enormous effort and expense of the United States Government is rightfully expending to retrieve the remains of American soldiers killed during the Vietnam War. These human remains at White Swan Church at no less precious to us."

In the meantime, the Yankton Sioux community are protecting the site with an encampment. "Prayers will be offered over this David and Goliath struggle," said Yankton Sioux Tribal Chairwoman Madonna Archambeau. "We have the prayers of the elders, the medicine people and the people on our side, whiich is our stone to tip the process."

"There's no way to say how important this is to the Ihanktonwan (Yankton) people...their ancestors define who they are... As a spiritual leader told me, the dead are walking among us until they are settled in peace..," said tribal attorney Mary Wynne.