Judge allows some work at S.D. burial site

TUESDAY, APRIL 22, 2003

A federal judge last week authorized the state of South Dakota to continue construction at a burial site along the Missouri River.

In an April 18 order, U.S. District Judge Lawrence Piersol said work can occur at two areas. In "Area B," the state archaeologist said there was "almost no chance" of uncovering human remains or artifacts. The state intends to put a waste dump and fish-cleaning area in Area B.

Piersol also said the state can return fill dirt to "Area A," where remains and artifacts were uncovered last summer. The state must allow the Yankton Sioux Tribe and tribal members to perform a ceremony when the dirt is returned, he ruled, because the dirt might contain additional items.

Last summer, Piersol halted work because the U.S. Army Corps of Engineers failed to consult the tribe about remains uncovered at the site.

The case is Yankton Sioux Tribe v. U.S. Army Corps of Engineers, No. 02-4126.

Get the Story:
Some activity on Indian burial site OK, judge says (The Sioux Falls Argus Leader 4/22)

Get the Decison:
Order: Yankton Sioux Tribe v. U.S. Army Corps of Engineers (April 18, 2003)

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Judge: S.D. tribe not consulted (7/1)
S.D. grave protection uneven (6/24)
Editorial: 'Offensive' stance on remains (6/17)
Sacred site protection topic of debate (6/13)
Judge halts work at S.D. site (6/12)
Judge refuses to dismiss burial lawsuit (6/11)
Tribal members insulted at hearing (6/10)
Hearing scheduled on Sioux remains (6/7)
S.D. tribe files suit over remains (6/6)
State admits moving tribal ancestors (6/5)
Judge refuses to dismiss burial lawsuit (6/11)
Tribal members insulted at hearing (6/10)
Hearing scheduled on Sioux remains (6/7)
S.D. tribe files suit over remains (6/6)
State admits moving tribal ancestors (6/5)