Pact would give Indians more control of remains

| Wednesday, March 17, 2004

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SIOUX FALLS (AP) — Tribes would have more say in the management of American Indian remains and cultural sites along the Missouri River under an agreement in the final stages of review.

Known as the Programmatic Agreement, the document would replace an older one that gave little voice to the people, according to James Picotte, historic preservation officer for the Cheyenne River Sioux Tribe.

This time, 22 tribes were invited to participate. Over the weekend, representatives from at least nine tribes joined discussions on the document, he said.

"The tribes had the opportunity for input, and I'm real pleased with the process," Picotte said.

After the agreement is reviewed by the Army Corps of Engineers, it will be sent to state and tribal governments for approval, Larry Janis, a cultural officer for the corps in Omaha, said.

When Missouri River dams were built from the 1940s to the 1960s, many American Indian cultural sites and burial grounds were submerged. The new lakes eroded the shore, leaving sites vulnerable to water damage, vandalism and theft.

Many tribes have accused the corps of managing federal land along the river without regard for those sites.

"Never in the entire process did anyone ever take into account that they were going to destroy immense treasure-troves of cultural history," said Greg Bourland, former chairman of the Cheyenne River Sioux Tribe and head of the committee that wrote the new agreement.

He called the document a major advance.

"The Programmatic Agreement basically has language that treats everyone as equals," he said. "So the agreement is unique in the fact that it's not paternalistic."

His presence at the negotiations is testament to that, he said.

"I was one of the strongest opponents, when I was the tribal chairman, of the Corps of Engineers. So it's odd that I am in this position today," he said.

The corps spends $3 million a year on locating, stabilizing and monitoring cultural sites on the river, but there is a $77 million backlog in projects, Janis said.

"The one bad point about this is that even though we have this (agreement), even though we say we're going to do all these things, the corps has limited funds," Picotte said.

The agreement will help tribal and corps officials plan and prioritize the sites that need the most attention.

The next step is for the corps to suggest changes to the drafting committee, said Janis. Then each tribe will decide whether to sign. Those that do not will have to deal with the old process.