Bill allows study of remains
By SHANNON DININNY
Associated Press writer
8/11/06

YAKIMA, Wash. -- A federal law governing protection of American Indian
graves would be amended to allow scientific study of ancient remains
discovered on federal lands if the remains have not been tied to a
current tribe, under a bill proposed by U.S. Rep. Doc Hastings.
The bill marks the latest step in a dispute sparked by the discovery of
Kennewick Man, one of the oldest and most complete skeletons ever found
in North America. Indian tribes and researchers battled over rights to
the 9,300-year-old remains for nine years before a federal court sided
with the scientists, allowing them to study the bones.

Hastings, R-Wash., said his bill counters efforts in the Senate that
would prevent ancient remains from being studied in the future. He cited
a case in Nevada where tribal leaders have filed suit against the
government to rebury the Spirit Cave Man remains, believed to be more
than 10,000 years old.
"My proposal protects the rights of present day Native Americans to
claim the remains of their ancestors when found on federal lands,"
Hastings said. "At the same time, it reiterates that in cases of truly
ancient human remains -- such as Kennewick Man -- Congress does not
intend to block scientific study."

Hastings announced his plans to sponsor the legislation while visiting a
Kennewick Man exhibit at the East Benton County Historical Society
Museum in Kennewick, near where the skeleton was discovered.
Hastings is offering his fix in response to a proposed amendment that
scientists say would allow federally recognized tribes to claim ancient
remains even if they cannot prove a link to a current tribe.

"This will make it crystal clear that ancient remains should be studied
by scientists and not automatically turned over to the tribes," Hastings
said.
Matthew Tomaskin, legislative liaison for the Yakama Nation, said he was
familiar with the proposal, but added that he wished Hastings had
consulted the tribes. The Yakama Nation reservation sits within
Hastings' district.
"We're right smack dab in the middle of his district, and he's proposing
legislation that would greatly affect us without consultation," he said.

Following the discovery of Kennewick Man in 1996, the Umatilla, Yakama,
Nez Perce and Colville tribes urged that the skeleton should be reburied
without scientific study. Scientists sued for a chance to study the
remains and a federal court ruled there was no link between the skeleton
and the tribes.

Earlier this year, the team of 20 forensic scientists studying the bones
began to release its findings, including a belief that Kennewick Man was
buried, rather than swept up in a flood and encased in sediment. The
scientists also concluded that the skull does not match those of Indian
tribes living in the area.