Kennewick Man lawsuit to proceed

FROM THE ARCHIVE

Kennewick Man lawsuit to proceed

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OCTOBER 26, 2000

A federal judge in Oregon on Wednesday reinstated a lawsuit filed by eight scientists seeking the right to study the 9,300-year-old Native American known as Kennewick Man.

The scientists first filed their lawsuit four years ago against the Department of Interior. But it was put on hold while the Interior conducted their own study on Kennewick Man.

In 1996, Kennewick Man was found on land once owned by the Confederated Umatilla Tribes of Oregon. The land was ceded to the United States in an 1855 treaty.

Back in 1996, the Army Corps of Engineers decided to turn Kennewick Man over to five tribes in the Northwest. That decision soon turned into a larger debate over the origins and identity of Kennewick Man, forcing the Interior to make a ruling on two major issues.

Both were made this year. In January, the Interior ruled Kennewick Man was Native American, due to his age and other evidence.

In September, the Interior ruled he was culturally affiliated to five tribes, based, in part, on oral history and aboriginal occupation of the area. The determination was required in order to return the remains to the tribes under the Native American Graves and Repatriation Act (NAGPRA) of 1990.

Once the government made that decision, a ruling on the status of the eight scientists claims could be made. On Wednesday, US Magistrate Judge John Jelderks of the District Court for the District of Oregon said he questioned the Interior's definition of "Native American."

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Kennewick Man (National Park Service)