McCain amendment poses threat to archaeology work

The following editorial appeared last Wednesday in the Tri-City Herald:

Two little words could ruin any chance scientists have for further study on 9,400-year-old Kennewick Man.

After years of delay, scientists recently had the chance to examine the ancient skeleton that was discovered along the banks of the Columbia River in 1996. Their hopes of continuing their analysis may be dashed, however, if U.S. Sen. John McCain, R-Ariz., gets his way.

We hope he doesn’t.

McCain is proposing a two-word amendment to change the Native American Graves Protection and Repatriation Act that would expand the definition of indigenous as it pertains to Native Americans.

The law currently calls for human remains to be considered Native American if they are “relating to a tribe, a people or a culture that is indigenous.” McCain’s change would put “or was” indigenous in the language of the law. That simple addition could allow federally recognized tribes the right to demand the return of the Kennewick Man remains, even if they can’t prove a link to any modern tribe.

Attorneys involved in the issue say the bill would not apply to Kennewick Man, but only archaeological finds in the future. Aides for Sens. Gordon Smith, R-Ore., and Maria Cantwell, D-Wash., also have said the bill would not apply to Kennewick Man.

But tweaking the legislation now isn’t reassuring to the scientists who spent the last nine years battling for the opportunity to study the ancient remains. The changes proposed would be devastating to scientists seeking access to the next significant archaeological find.

Kennewick Man was found by college students enjoying Water Follies nine years ago. When it was discovered just how old the bones were, several Northwest tribes claimed they were entitled to the remains and wanted them reburied without any scientific study.

Scientists, however, sued for the right to examine the bones and won. Last year the 9th U.S. Circuit Court of Appeals ruled no link exists between the tribes and the skeleton.

The Kennewick Man case proved the Native American Graves Protection and Repatriation Act to be a good law, flexible enough to protect the clear and legitimate rights of modern tribes without stopping research on remains that can’t be tied to them.

When a law is so clearly working, the legislative branch of government needs to let it stand.