Wednesday, Jul. 01, 1998

Government proposes study plan

Time-Line For Transfer and Examination of Remains, by Interior Department archaeologist Francis McManamon

1. Site Selection: (July, 1998)

The human remains at issue in United States v. Bonnichsen will be removed from the Battelle Facility in Walla Walla, Washington A ("Battelle Laboratory") to the Thomas Burke Memorial Washington State Museum in Seattle, Washington ("Burke Museum"). The Director of the Burke, Dr. Karl Hutterer, has agreed to serve as a neutral curator while the remains are being housed at the museum. Curation and housing of the remains will be carried out in accordance with the provisions of the (Proposed) Memorandum of Agreement between the Federal government and the Burke, attached as Exhibit 1 to Declaration of Dr. Karl Hutterer.

2. NAGPRA Consultation with Tribes: (July 14-16, 1998)

3. Revised Draft for Examination and Release of Final Geomorphological Report by WES (August, 1998)

4. Exit Inventory: (1 day: September 1, 1998)

B. Opportunity for tribal religious observances shall be provided. The director of the Burke and Dr. Michael K. Trimble, Chief Curator U.S. Army corps of Engineers ("Chief Curator") shall coordinate these observances.

C. The inventory will be conducted by, Chief Curator, Dr. Trimble, and his designated staff assistants;

D. The designated observers shall observe the exit inventory;

E. The following procedure shall be observed in the exit inventory;

a. Unlock cabinet and remove Action-Packer

b. Unlock Action-Packer and remove plastic storage containers;

c. Compare catalogue numbers on all master catalogs with numbers on plastic bags inside containers (plastic bags will not be opened)

d. Re-pack plastic bags within containers and re-seal containers

e. Place containers housing human remains in Action-Packer;

f. Place Action-Packer and cabinet immediately after inventory in the van.

g. Have designated observers sign and date catalogs documenting agreement that all remains are accounted for.

F. Plaintiffs may have two representatives of their choosing observe the inventory procedures;

5. Transportation (1 day: September, 1998)

A. Immediately following the exit inventory the remains shall be placed in a secured van driven by either Dr. Trimble, or his designee. Dr. Trimble, along with his designated assistants, will transport the remains to the Burke Museum.

B. Appropriate security procedures shall be devised by Dr. Trimble.

6. Entrance Inventory (1 day: September, 1998)

A. A week before the human remains are to be transported, the plaintiff-scientists and the Tribes shall each designate one person to be present to observe the entrance inventory of the human remains.

B. Arrangements for the entrance inventory shall be made consistent with effective protection of the human remains.

C. Opportunity for tribal religious observances shall be provided.

D. The entrance inventory will be conducted by Dr. Trimble and necessary assistants.

E. The designated observers shall observe the entrance inventory;

F. The following procedure will be followed in the entrance inventory;

a. Compare catalogue numbers on master catalogs with numbers on plastic bags inside containers;

b. Place human remains in new housing, if necessary.

7. Housing and Curation of Remains: (20 days, September, 1998)

B. Special Procedures for Housing and Curation:

a. The human remains will be housed in a separate storage room dedicated solely to the storage of these human remains;

b. The storage room will be secured by an electronic alarm monitored by ADT Securities Systems on a 24-hour basis and providing control over date, time, and identity of person whenever the alarm is disabled.

c. The inside of the storage room will be outfitted with an electronic motion sensor tied to an alarm.

d. The remains will be kept in a locked cabinet in the storage room.

e. Access to the remains will be conducted in accordance with the procedures set forth in Attachment A of this document.

f. Access to the remains is prohibited except in the presence of at least three people, two of whom will be Dr. Hutterer and Dr. Trimble.

g. All access to, and handling of, the remains will be properly documented.

8. Collection of Additional Data: (September, 1998)

The United States, with cooperation of the plaintiff-scientists and the tribes, will collect existing baseline information, currently in the possession of other sources, related to the human remains that has been developed and make that information available to the United States, plaintiff-scientists, and the Tribes.

9. Arrange for Expert Team to Conduct Examination and Schedule Time for Examination (October, 1998)

10. Examinations (Phase I) (November, 1998)

Testing of human remains for determination of whether remains are Native American.

B. Testing will be conducted by persons agreed to by the United States and will take into consideration input from plaintiff-scientists and the Tribes.

C. No testing will take place until curation and handling procedures have been agreed to by Dr. Hutterer and Dr. Michael K. Trimble. Additionally, all movement and repacking of the collections will be undertaken only by Dr. Michael K. Trimble and his staff and Dr. Hutterer and his designated staff.

D. The human remains will be treated as a human ancestor deserving respect and consideration.

E. All testing residues, portions of remains, residues of samples and all associated materials will be returned to the remains to keep the skeleton whole.

F. All necessary tests will be conducted in a timely manner to avoid unnecessary delays in the disposition of remains.

G. There will be adequate security for the human remains during testing.

11. Assessment of Adequacy of Information to Make Determination of Whether Remains Are Native American (December, 1998)

12. Consultation Regarding Additional Examination or Testing to Obtain Information If Necessary for Determining Whether the Remains Are Native American (January, 1999)

Procedures For Access To Remains

The procedures for access to the remains are as follows:

1. Twelve working days notice are required by the Burke Museum and the Chief Curator of the US Army Corps of Engineers for access.

2. Persons must be met by the person designated by the Director of the Burke Museum, and the Chief Curator of the US Army Corps of Engineers.

3. All bags will be inspected and security tags distributed by the reception desk security guard.

4. Persons will be escorted to the room where the examination will take place.

5. The Action Packer housing the remains is then brought to the examination room by the person designated by the Director of the Burke Museum, and the Chief Curator of the US Army Corps of Engineers. The Remains will be removed from the "Action-Packer" container by the person designated by the Director of the Burke Museum, and the Chief Curator of the US Army Corps of Engineers and placed on the examination table.

6. Procedures for control of the examination of the remains will be in accordance with standard scientific procedures.

7. At the end of the examination the Remains will only be rehoused in the "Action-Packer" container by the person designated by the Director of the Burke Museum, and the Chief Curator of the US Army Corps of Engineers.

9. As the person designated by the Director of the Burke Museum, and the Chief curator of the US Army Corps of Engineers leave the examination room with the Remains the collections Manager of the Burke Museum enters the examination room and stays with the visitors until the person designated by the Director of the Burke Museum, and the Chief Curator of the US Army Corps of Engineers return.

10. All persons in the examination room and their personal property will be subject to inspection by the person designated by the Director of the Burke Museum, and the Chief Curator of the US Army Corps of Engineers before being led back to the reception desk and security sign-out station.

Draft - 29 June 1998 - Draft

(NOTE: This draft reflects changes made following the meeting for NAGPRA consultation with tribal representatives on 12 May 1998 at the COE District Office Building in Walla Walla, WA, and subsequent discussions among officials in the COE, DOI, and DOJ. FPM 27 June 1998)

Department of the Interior Approach to Documentation, Analysis, Interpretation, and Disposition of Human Remains Found at Columbia Park, Kennewick, WA

I. Introduction

Based upon a review of existing documentation of the remains, the disturbed context in which they were found, and the manner of their collection, additional examination, recording, analysis, description, and interpretation of the human remains and about the archeology and history of the Indian occupation of the Kennewick area are needed to resolve the issues. DOI shall undertake the necessary historical and scientific investigations, as required by the Archaeological Resources Protection Act (ARPA) and NAGPRA, in consultation with Indian tribes that may be affiliated, and in cooperation with the Corps of Engineers, Department of the Army, and Department of Justice.

Geomorphologic investigations of the site of discovery have been completed and a draft report is available (Wakeley et. al. 1998). These investigations have established that the river terrace from which the remains are thought to have eroded contains a soil layer sufficiently old to have contained remains dated to about 9000 years ago. The soils analysis of this layer provided background information for the careful investigation of any soil fragments that can be found adhering to the remains. Such an analysis can help to determine whether or not the remains, in fact, were initially deposited in this soil layer.

Additional investigation of the remains themselves also may be needed and are briefly described in Section III. If needed, these analyses will be undertaken to date the remains and provide additional information about biological relationships. In order to minimize destruction of the remains, the amount of remains used for any such testing will be the smallest sample needed to ensure the accuracy and precision of the scientific techniques that are used.

II. Nonintrusive Procedures for Documentation, Examination, Recording, and Analysis of the Remains

A. Introduction

These procedures are to be used by experts selected by the DOI to examine, record, and interpret the physical characteristics of the human remains in order to produce an appropriate documentation of the remains and to provide a basis for reaching a determination of whether they are "Native American" for the purposes of NAGPRA. The recording procedures used here are based upon the "Skeletal Database Committee Recommendations" of the Paleopathology Association (Rose et. al. 1991). These recommendations have been widely disseminated for use in guiding the documentation and analysis of human skeletal material.

B. Current State of Information and Interpretation

Considering the limited recording and uncertain data, the breadth and scope of the interpretations that have been made concerning this set of human remains is astonishing.

C. Specific Investigation Activities for the First Phase

In order to adequately document the remains for compliance with ARPA, for accountability, and to help in determining whether or not the remains represent an individual who can be considered "Native American" for the purposes of NAGPRA, the examination, recording, and analysis described below are needed.

1. Physical Examination and Inventory of Skeletal and Dental Elements: Inventory of the skeletal and dental elements is critical, for without a detailed inventory, documentation is insufficient for accountability. The condition of each element should be carefully recorded along with other variables.

During this physical examination and recording, the characteristics of cranial features such as: the nasal sill, zygomatics, nasal guttering, prognathism, orthaognathism, and tooth alignment and shape should be noted as indicators of ethnic identity. Similarly, any observable occupational indicators of ethnic identity, such as squatting facets, should be checked and noted.

The condition of each skeletal and dental element must be recorded using a consistent and understandable system taking into account all natural processes which impact the skeleton after death. As it is often difficult to differentiate between some disease processes (e.g., erosion due to degenerative disease) and the effects of water and chemical dissolution, care must be given to identifying all sources of natural modifications. Detailed examination may be needed to differentiate biological and natural processes. Minimal categories to consider are: erosion, spalling, cracking, plastic deformation (warping), insect gnawing and destruction (e.g., termites), animal gnawing, root marking, and deposition of minerals, such as concretions.

b. Analysis of Lithic Object Embedded in the Pelvis: The object embedded in one of the pelvic bones will be inspected by an expert in lithic artifacts and materials of the region. Its material type and likely artifact type will be assessed. In concert with the osteologist, the way in which the object came to be lodged in the pelvis, the bone growth around it, and implications for the health of the individual will be interpreted. If it is possible, an estimate the chronological period in which the lithic object was manufactured and used should be made.

These measurements have proven useful in population comparisons and statistical analysis of population affiliation. Large metric data bases exist for some regions and have been profitably employed in studies of genetic distances and ethnic affiliations (e.g., Drizzler 1981: Key 1983, 1994; Jantz and Owsley 1994). In this case, additional measurements may be needed to permit comparisons with existing databases. Such comparisons will be useful to determine the extent to which the Columbia Park remains resemble existing recorded Native American skeletal populations. Comparisons of the cranial and post-cranial measurements and derived indices with relevant existing skeletal series and databases can be used to examine the position of this set of remains within these populations of remains.

a. Assessment of Trauma: Observations of any inflammation, trauma, toxins, and other stressors will be interpreted to form an idea of the health and way of life of the individual. An important paleopathology reference is Ortner and Putschar (1981). For recording purposes, each discrete lesion, including evidence of trauma, must be described by size and its specific location on each bone (e.g., medial aspect of distal third of the right tibia) and whether active or healing/healed at the time of death. Certain patterns of skeletal trauma, tooth wear, and other nonmetric characteristics of the remains also can be used as evidence concerning whether or not the remains indicate someone of Native American descent based on comparisons with other sets of data from skeletal populations.

III. Procedures for Radiocarbon Dating, DNA Analysis, and other Tests

Additional testing is being considered if the initial description and analysis are not sufficient to make a reasonable determination about whether or not the remains are "Native American", as defined for the purposes of implementing NAGPRA. Some possible tests are listed below. They may require the destruction of small amount, typically only a few grams, of bone to conduct the test.

B. DNA Extraction and Analysis to Assist in Inferring Ancestry: Modern and past Native American populations exhibit distinct patterns of mitochrondrial DNA (Crawford 1998: Lorenz and Smith 1996). If determined to be necessary, analysis of a very small amount of bone for DNA analysis will be investigated to learn the pattern of DNA exhibited by these remains.

C. Stable Isotope Extraction and Analysis: In some cases, ancient Native American remains exhibit distinctive patterns of chemical patterns for certain elements due to diet (Larson 1987; Powell 1988). If necessary, analysis of these characteristics will be undertaken using a very small amount of bone. The methods and techniques used for isotope analysis of human bone will follow (Price 1989:245-252).

D. Other Invasive Techniques: If necessary, other chemical, radiological, or physical methods and techniques may be undertaken to assist in gathering evidence for determining whether or not the remains are "Native American", for the purposed of NAGPRA.

III. Investigations Related to Cultural Affiliation

(To be developed)

If Necessary