Ownership Controversy
According to the Native American Graves Protection and Repatriation Act, if human remains are found on federal lands and their cultural affiliation to a Native American tribe can be established, the affiliated tribe may claim them. The Umatilla tribe requested custody of the remains, wanting to bury them according to tribal tradition. Their claim was contested by researchers hoping to study the remains.
The Umatilla argued that their oral history goes back 10,000 years and say that their people have been present on their historical territory since the dawn of time, so a government holding that Kennewick Man is not Native American is tantamount to the government's rejection of their religious beliefs.
Robson Bonnichsen and seven other anthropologists sued the United States for the right to conduct tests on the skeleton. On February 4, 2004, the United States Court of Appeals for the Ninth Circuit panel rejected the appeal brought by the U.S. Army Corps of Engineers and the Umatilla, Colville, Yakama, Nez Perce and other tribes on the grounds that they were unable to show any evidence of kinship.
On April 7, 2005, during the 109th Congress, United States Senator John McCain introduced an amendment to NAGPRA which (section 108) would have changed the definition of "Native American" from being that which "is indigenous to the United States" to "is or was indigenous to the United States." However, the 109th Congress concluded without enacting the bill. By the bill's definition, Kennewick Man would have been classified as Native American, regardless of whether any link to a contemporary tribe could be found. Proponents of this definition argue that it agrees with current scientific understanding, which is that it is not in all cases possible for prehistoric remains to be traced to current tribal entities, partly because of social upheaval, forced resettlement and extinction of entire ethnicities caused by disease and warfare. Doing so would still not remove the controversy surrounding Kennewick Man as then it would have to be decided which Native American group should take possession of the remains if he could not be definitively linked with a current tribe. To be of practical use in a historical and prehistorical context, some argue further that the term "Native American" should be applied so that it spans the entire range from the Clovis culture (which cannot be positively assigned to any contemporary tribal group) to the Métis, a group of mixed ancestry who only came into being as a consequence of European contact, yet constitute a distinct cultural entity.
The remains are now at the Burke Museum at the University of Washington, where they were deposited in October 1998. The Burke Museum is the court appointed neutral repository for the remains and as such they are not on exhibition. They are still legally the property of the U.S. Army Corps of Engineers, as they were found on land under its custody.
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