On July 28, 1996, two young men encountered a human skull in the Columbia River at Kennewick, Washington. That same evening, Dr. James Chatters [PhD University of Washington (1982) and owner of Applied Paleoscience] was requested to join in helping the local police and coroner in the recovery of the skeletal remains from the reservoir mud. Over the next month, under a permit issued by the United States Army Corps of Engineers (the Corps), Dr. Chatters recovered nearly the complete skeleton that has come to be known as the "Kennewick Man."

Preliminary work indicated that the remains were of a male of late middle age (40-55 years), tall (170 to 176 cm), and of slender build. The skeleton showed evidence of numerous injuries including compound fractures of at least 6 ribs. Examination also detected the presence of a gray object partially healed within the right ilium. CT scans later revealed the object to be the base of a leaf-shaped, serrated Cascade projectile point typical of Southern Plateau assemblages from 8500 Before Present (B.P.) to 4500 B.P.

The completeness and unusually good condition of the skeleton, presence of Caucasoid traits, lack of definitive Native American characteristics, and the association with an early homestead led Dr. Chatters to suspect that the bones represented that of an early European settler. To resolve the age issue, in August 1996, the County Coroner;s office submitted a fragment of the fifth left metacarpal to the University of California Riverside Archaeology Lab for radiocarbon dating. Results came back indicating an isotopically corrected age of 8410 ± 60 B.P.

Almost from the time of the original discovery, controversy arose over control of the remains. The area where the skeleton was discovered is maintained by the Corps and is considered by the Umatilla Indian tribe as part of their traditional home. According to the Native American Graves Protection and Repatriation Act (NAGPRA), if human remains are found on federal lands "and their cultural affiliation can be established," the bones must be returned to the affiliated tribe. The Umatillas made a formal claim for the bones. On August 30, four days after the startling carbondating results were reported, the Corps insisted all studies be terminated and subsequently took possession of the skeleton. The Corps then published their intent to repatriate the remains to an alliance of five tribes, including the Umatillas.

Upon publishing their repatriation intent, the Corps received numerous requests for scientific study. Citing violations of NAGPRA, a group of eight internationally known archaeologists and physical anthropologists filed suit seeking the opportunity to study the remains.

In 1998, after several of the bones in the custody of the Corps were discovered missing, the remains were sent to the University of Washington's Burke Museum of Natural History and Culture for safekeeping. Between 1998 and 2000, the Department of the Interior and National Parks Service conducted a series of scientific examinations of the remains. Carbon dating established the age of the bones as 9,400 years. Examination by a physical anthropologist also confirmed that the bones more closely resembled South Asians and the Ainu of the northern islands of Japan than any other living population.

While the lawsuit was pending, scientists sought permission to examine the site where the bones were originally found. The Corps refused and then announced plans to eliminate the site, despite the fact that it was a registered landmark and was covered under the provisions of the National Preservation Act. Doc Hastings, United States Congressman for the district, objected and in an effort to save the site, introduced legislation to prevent the Corps from carrying out its plan. The bill passed both houses of Congress and was awaiting President Clinton;s signature when the Corps dumped approximately two million tons of rubble and dirt on the site and planted 3,700 willow, dogwood, and cottonwood trees. Thus, a line of evidence into America's pre-history was permanently closed.

In September 2002, Federal Judge Jelderk rendered his long-awaited decision to the lawsuit filed by the eight scientists six years earlier. The judge found in favor of the plaintiffs, stating that the decision to hand over the bones to the tribal coalition was "arbitrary and capricious, and contrary to law." Following appeals by both the Department of Justice and the Indian coalition, a three-judge panel of the 9th United States Circuit Court of Appeals affirmed this lower court decision in February 2004.

With the go-ahead from the courts, twenty archaeologists and anthropologists began, on July 6th of this year, their study of the bones. These scientists had until July 15th - a total of ten days - to complete their collection of information, after which time the bones were returned to the University of Washington's Burke Museum.

To further complicate this already complex matter, legislation is being considered by the United States Congress to return the bones to the Indian tribe without the opportunity for further studies. Congress enacted NAGPRA in 1990 to protect burial sites. The proposed amendment to that act would let tribes demand the return of remains -- even if they cannot prove a link to a modern tribe.

Source: Portions of above taken from article by Dr. James Chatters entitled "Kennewick Man." An updated version of this article from September, 2014 Smithsonian Magazine can be found by clicking Smithsonian Article. This material has been supplemented and updated using news wire sources.