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After a two-day hearing, Federal Judge Lawrence Piersol extended the restraining order that to hold back the waters of Lake Francis Case, to protect a sacred burial site. The U.S. Army Corps of Engineers is prohibited from flooding the exposed White Swan gravesite for another seven days, until January 11, 2000.

The exposed graves and scattered fragments, including skulls, lie in a burial site at St. Philip's Episcopal Church. Used as recently as 1950, the cemetary was built atop an existing burial site. Low water conditions resulted in the exposure of the remains in December 1999.

The Tribe was successful in obtaining an extension of the restraining order through January 11, 2000, although the Judge Piersol may issue an opinion in the meantime, which could supercede the order. Unsuccessful court-ordered mediation resulted in the case being heard in federal court on Monday and Tuesday, January 3rd and 4th, 2000.

Testimony at the trial revealed that tis was only one of seven sites in the area of which the Corps had direct knowledge. The Corps knew since 1966 about scattered remains at the site and of grave-robbing of at least 30 graves which had been dug into and scattered over the ground at that same location.

Pressure exerted by members of supporters of the Yankton Sioux Tribe has succeeded in gaining national media attention and the Corps is more willing to talk. Corps offices reportedly received numerous phone calls and e-mails condemning their actions. Tribal attorney, Mary Wynne was contacted by the Corps of Engineers with some concessions. In addition to other offers, they have now backed off on refusing to allow the gathering of wood and the burning of a sacred fire.

The Yankton Sioux General Council met Wednesday and Thursday, January 5th and 6th, 2000 to discuss the matter and recent offers by the Corps.

Meanwhile, the tipi encampment maintains its vigil over the ancestral remains, to protect them from looters and curiosity-seekers. The three-tipi encampment is in a protective position and is burning a ceremonial fire on the sand of the riverbank. Sacred ceremonies have begun in preparation for the possible removal and reburial of the remains.

Additionally, a large number of bones and fragments have been sighted in the immediate area. Elders have observed vehicles weighing thousands of pounds driving over the burial site, possibly crushing bones. The tribe is demanding that the Corps of Engineers cease driving all vehicles on the sacred site and the Corps, for once, is listening.

The Tribe requests the prayers of all people, all nations, in this on going David and Goliath struggle.