The Senate's Committee on Indian Affairs has approved legislation to amend the Native American Graves Protection and Repatriation Act (NAGPRA) to allow Native American tribes to take custody of 9,400-year-old Kennewick Man as well as all other ancient remains. The legislation must be approved by a vote of the full Senate as well as the House of Representatives in order to become law.

The legislation makes two minor changes to NAGPRA's wording that would have major consequences. The bill is sponsored by Senator Byron Dorgan, D-North Dakota. "The amendment seeks to "clarify Congress' intent in the original statute of who should be consulted, and who may use the consultation provisions of NAGPRA," according to Barry E. Platt, communications director for Sen. Dorgan.

If Congress passes the legislation it would in effect overturn a 2004 decision by the 9th U.S. Circuit Court of Appeals in favor of a group of scientists who sued the federal government for the right to study Kennewick Man. The court ruled that Native Americans failed to prove cultural affiliation with Kennewick Man, as mandated by NAGPRA. This legislation "would automatically make NAGPRA cover any prehistoric remains found in this country," said Alan Schneider, the lead attorney for the scientists. "It could radically affect the ability to learn about the peopling of the Americas."

A similar bill was approved by the Indian Affairs Committee in 2005, but Congress didn't pass it.