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Thursday, February 5, 2004

In a unanimous decision, the 9th Circuit Court of Appeals on Wednesday said a group of scientists have a right to study the 9,300-year-old remains known as the Kennewick Man.

The court rejected the Department of Interior's contention that the remains were linked to five tribes in the Pacific Northwest. Writing for the majority, Judge Ronald Gould said the bones were "so old" and information about them was "so limited" that the government can't reasonably repatriate them to the tribes. The judges basically ruled the Native American Graves Protection and Repatriation Act (NAGPRA) doesn't apply to very old remains.

The decision is a victory for eight scientists who want to conduct tests on the remains. Kennewick Man is one of the oldest and most complete skeletons discovered in the U.S.

Five tribes -- the Umatilla, Yakama, Nez Perce, Colville and Wanapum -- say the Ancient One is their ancestor. They may consider an appeal to the U.S. Supreme Court.

The remains were found on land that used to be part of the Umatilla Reservation but was ceded by treaty.

Get the Story:
Appeals court says scientists can study Kennewick Man (AP 2/4)
Scientists win Kennewick Man ruling (The Seattle Post-Intelligencer 2/5)
Science wins ancient bones battle (BBC 2/5)
Judges Back Study of Ancient Human Remains (The New York Times 2/5)
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Get the 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:
Kennewick Man a topic at archaeology meeting (10/10)
Appeals court hears arguments in Kennewick Man case (09/11)
Kennewick Man battle back in court (9/8)
Groups join battle over Kennewick Man remains (06/12)
Iroquois nations join Kennewick Man battle (04/04)
Tribes file opening brief in Kennewick Man case (03/19)
Appeals court grants stay in Kennewick Man case (02/13)
Appeals court asked to stop Kennewick Man tests (01/23)
Judge clears way for Kennewick Man tests (01/09)
DOJ files notice of Kennewick appeal (10/30)
Kennewick Man battle heats up (10/29)
Tribes join Kennewick Man case (10/23)
Tribes seek to protect NAGPRA (10/23)
Judge allows Kennewick Man appeal (10/22)
Still no Kennewick Man appeal (10/18)
Editorial: Let's study Kennewick Man (10/02)
DOI mum on Kennewick Man appeal (10/1)
Opinion: Don't appeal Kennwick ruling (10/1)
Tribes seek Kennewick Man appeal (9/27)
Editorial: Don't appeal Kennewick ruling (09/17)
Opinion: Don't appeal Kennewick ruling (9/9)
John Potter: Mad about Kennewick Man (9/9)
Shame on Kennewick Man judge (9/6)
Opinion: Kennewick Man belongs to all (9/5)
Editorial: DOI blew it on Kennewick Man (9/5)
Scientists prepare Kennewick plan (9/4)
Judge won't repatriate Kennewick Man (9/3)
An ancient Indian trust debacle (9/3)
Judge readies decision in Kennewick Man case (6/21)
Norton treads uncharted waters over remains (4/11)
Kennewick Man to go to tribes (09/26)
Leaders discuss NAGPRA (7/27)
Yakama Nation files Kennewick Man suit (6/01)
Kennewick testing to begin (4/24)

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