"While the Native American Graves Protection and Repatriation Act is an important law designed to rightfully return remains and artifacts to tribes where connections can be found, the U.S. 9th Circuit Court of Appeals ruled in 2004 that remains such as Kennewick Man, exceptional in their age and appearance and with no cultural affiliation to claimant tribes, were not subject to the regulations.
That's not to say the study of Kennewick Man and the handful of other very old remains in the United States does not remain controversial, including among scientists.
� Despite the 9th Circuit's ruling in the Kennewick Man case a few months earlier, the Fallon-Shoshone Paiute Tribe in 2004 sued the U.S. Bureau of Land Management, claiming a skeleton even older than Kennewick Man as their ancestor and seeking to bury him. The Bureau disagrees the tribe has proven affiliation with Spirit Cave Man, found in Nevada and believed to be more than 10,000 years old. A decision is expected this year.
� Thursday, a spokeswoman for U.S. Sen. John McCain, chair of the Senate Indian Affairs Committee, said the committee may soon hold another hearing on an amendment to the repatriation law to make it easier for tribes to claim remains with only a geographic connection rather than a direct proven cultural affiliation.
� And during this round of study at the Burke, museum officials declined to formally permit reporters access to quiz the Owsley team's scientists on museum premises � something requested last July. Even though the study is sanctioned by federal courts, two officials said the museum wanted to remain "neutral" and didn't have enough staff to accommodate the request this time. A Burke spokeswoman did attend the scientists' off-site briefing, however.
After Owsley's presentation Feb. 23, Yakama Tribal Council member Glen Howard Pinkham was disturbed by parts of the very clinical talk intended for forensic scientists. Nevertheless, Pinkham, perhaps more resigned than enthusiastic, suggested the tribe would be amenable to working with the scientists in the event of new finds � with considerations."
Get the Story:
Kate Riley: Bones of contention -- and learning
(The Seattle Times 3/6)
NAGPRA Amendment Bill:
S.536:
Technical Corrections Act
Court Decision:
BONNICHSEN
v. US (February 4, 2004)
Relevant Links:
Kennewick Man, Department of Interior - http://www.cr.nps.gov/aad/kennewick
Friends of America's Past - http://www.friendsofpast.org
Kennewick Man Virtual Interpretive Center, The Tri-City (Washington) Herald
- http://www.kennewick-man.com
Related Stories:
Science Snapshot: Study of Kennewick Man
(2/28)
Scientists continue
study of Kennewick Man remains (2/24)
Kennewick Man's teeth may tell true age of
remains (02/02)
Bush administration
opposes NAGPRA amendment (07/29)
Listening Lounge: Senate hearing on
repatriation (07/28)
Editorial: Science
trumps Native repatriation (7/27)
Senate
Indian Affairs Committee hearings (7/25)
Editorial: McCain should drop NAGPRA amendment
(7/20)
Scientists wrap up work on
Kennewick Man remains (7/19)
Kennewick
Man scientists fear NAGPRA amendment (7/15)
Scientists begin study of Kennewick Man remains
(7/11)
NAGPRA amendment up for hearing
in Senate (07/06)
Column: Hearing slated
on two-word change to NAGPRA (06/24)
Scientists get ready to study Kennewick Man
(6/21)
Tribe says NAGPRA amendment will
right a wrong (04/19)
Opinion: McCain
bill will block study of ancient remains (04/14)
Scientists oppose McCain bill to change NAGPRA
(04/08)
Panel approves Native Hawaiian,
NAGPRA changes (03/10)
NAGPRA change up
for Senate consideration again (3/9)
Tribes seek role in Kennewick Man proceedings
(02/16)
Campbell-backed bill adds two words
to NAGPRA (10/1)
Battle over Kennewick
Man study far from over (08/02)
Editorial: Let Kennewick Man speak! (say what?)
(07/22)
Column: Kennewick Man belongs to
everyone (7/21)
Tribes to seek
restrictions on Kennewick Man study (7/20)
Tribes drop Kennewick Man claim in court (7/20)
Repatriation process criticized at Senate
hearing (07/15)
Editorial: It's about
time Kennewick Man case ends (04/29)
Tribes debate next step in Kennewick Man case
(04/27)
Kennewick rehearing denied
(4/21)
Court rules scientists can
study Kennewick Man (02/05)
Kennewick Man battle back in court (9/8)
Tribes file opening brief
in Kennewick Man case (03/19)
Appeals court asked to stop
Kennewick Man tests (01/23)
Norton treads uncharted waters over
remains (4/11)
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