Wednesday, Jul. 01, 1998

Federal Defendants' Fourth Quarterly Status Report, July 1, 1998

The federal defendants submit their Fourth Quarterly Status Report in the above-styled matter. This Status Report is being submitted in compliance with the Court's Order of June 27, 1997.

I. Update on Agency Determination Concerning Disposition of the Remains

Finally, Dr. McManamon provides an estimate of the time needed, and the approximate dates, for completing specific tasks related to transfer of the remains to a new curation facility and the responsibilities delegated to the Department of Interior under the Federal defendants' Interagency Agreement. Id.

II. Evaluation of the Current Curation and Security Procedures In Compliance With Court's May 29 and June 12 Orders

At the completion of this examination, Dr. Trimble repacked the two containers inside the Action Packer, repacked the Action Packer, locked it up and had Dr. Chatters check the lock. Dr. Trimble then returned the Action Packer to the Delta cabinet, closed and locked the cabinet and had Dr. Chatters to confirm that it too was locked. Dr. Chatters did not express any concern with the manner in which the remains were being curated. Id citing June 16, Memorandum For Record.

III. Evaluation of Alternative Curation Facilities

Dr. Trimble also informed Ms. Leckie that he or his staff would conduct an inspection and evaluation of the Burke Museum on June 14 and 15, and of the Museum of Man on June 19 and 20. Id. Although Dr. Trimble invited Ms. Leckie to attend these visits, she declined to do so. Id.

1. Inspection and Evaluation of the Burke Museum

a. Inspection and Evaluation of the Burke Museum's Curation Facilities By Dr. Trimble

On the dates of June 24 and 29, 1998 Dr. Trimble's spoke with Ms. Leckie about the results of his inspection of the Burke and relaying the fact that, for reasons set forth his assessment, it had only reinforced his impression that it was an appropriate place to house the remains. At the conclusion of these discussions, Ms. Leckie indicated that she felt that the Burke was a technically competent repository, and that given Dr. Trimble's report, she was leaning toward an endorsement of the Burke. Declaration of Dr. Trimble at III. B. 4.

b. Inspection and Evaluation of the Burke Museum's Examination Facilities By Dr. Frank McManamon

Declaration of Dr. McManamon, paragraph 4 a.

2. Federal Defendants' Inspection of the San Diego Museum of Man

On June 24, 1998, Dr. Trimble informed Ms. Leckie about his assessments of the Burke and the Museum of Man and on June 26, he sent her a copy his written evaluations. Based upon review of this information, both Dr. Trimble and Ms. Leckie agreed that the Museum of Man was not an appropriate facility for housing the remains. Declaration of Dr. Trimble at III. B. citing June 29, 1998 Memorandum of Record. Counsel for plaintiffs-scientists confirmed that they no longer recommended the Museum of Man in a letter faxed to counsel for the federal defendants' office on July 1, 1998.

c. Consideration of The Getty Conservation Institute in Los Angeles, California

IV. Investigation of Additional Museums is Not Necessary

Although Dr. Trimble and his staff had spent most of the month of June inspecting the Burke Museum as well as all other facilities identified by plaintiffs' expert, on June 26, 1998, plaintiffs' counsel requested that Dr. Trimble produce a list of 10 to 15 museums which could provide suitable for housing the remains. In addition, plaintiffs' counsel requested that Dr. Trimble include the Smithsonian Museum in Washington, D.C. on that list. Federal defendants responded by requesting that plaintiffs first submit to Dr. Trimble a list of those facilities that they would not oppose and for which they had obtained a commitment to house the remains. In addition, federal defendants asked if the plaintiffs would agree to housing the remains at the Burke and that if they were apprehensive about doing so they were encouraged to call the Director of the Burke, Dr. Hutterer, in order to find out more about the facility. Plaintiffs still have visited the Burke regarding this matter and contacted Dr. Hutterer by telephone for the first time on June 30, 1998. See Declaration of Dr. Hutterer at paragraph 4.

It is clear from the assessments produced in consultation with Ms. Leckie, by Drs. Trimble and McManamon, that the Burke Museum fully satisfies all of the technical curation and housing and examination criteria which are applicable in this case. Furthermore, the Burke is the only museum which also can satisfy the policy interests in housing remains the State of their discovery prior to disposition- an interest which the tribes are dedicated to having honored. May 29, 1998 Testimony of Dr. Trimble. Finally, housing the remains at the Burke also decreases the risk that remains of this age would be damaged during long distance travel. This risk was not only recognized by both Dr. Trimble and Ms. Leckie but also by the Group Director for the Getty Center in Los Angeles, California. By satisfying the technical curation and examination needs of this collection, as well as the policy concerns related to their transfer, the Burke Museum is undeniably an appropriate facility for housing the remains. Consequently, the only thing that further investigation of additional museums would accomplish would be a waste of time, money and resources which could be better spent in analyzing the remains for a determination of their appropriate disposition.

V. Mediation

The mediation occurred from June 17 through the 19, 1998.