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Eleventh Quarterly Status Report

Lois J. Schiffer
Assistant Attorney General

Allison Rumsey
US Department of Justice
Environment & Natural Resources Div.
Office of the Assistant Attorney General
950 Penn. Ave., N.W., Room 2740
Washington, D.C.
(202)514-0750

Kristine Olson
United States Attorney
Timothy Simmons
Assistant United States Attorney
District of Oregon
1000 SW 3rd Ave., Ste 600
Portland, Oregon 97204-2902
(503) 727-1156
(503) 727-1117
tim.simmons@usdoj.gov
OSB#92461

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ROBSON BONNICHES, et al., Plaintiffs

v.

UNITED STATES OF AMERICA, et al., Defendants

Federal Defendants' Eleventh Quarterly Status Report

The federal defendants submit their Eleventh Quarterly Status Report in these cases. This Status Report is being submitted in compliance with the Court's Order of June 27, 1997.

I. Update On Storage Issues

The human remains continue to be safely housed at the Burke Museum. As stated in the federal-defendants' Notices to the Court dated February 9, 2000 and February 23, 2000 a team of individuals including Rhonda Lueck, Physical Anthropologist, U.S. Army Corps of Engineers, Teresa Militello, Archeologist, U.S. Army Corps of Engineers, and Natalie Drew, Archivist, U.S. Army Corps of Engineers, met at the Burke Museum from February 17-25, 2000 and March 6-22, 2000 to (1) continue organizing the Kennewick collection archives; (2) download the Datalogger recording device, and (3) updated the building evaluation. Declaration of Dr. Michael K. Trimble, March 27, 2000 (Exhibit 1). February 29,2000 Memorandum For Record at 1-2 (Exhibit 1 at Attachment 1); and March 23, 2000 Memorandum For Record at 1-2 (Exhibit at Attachment 2).

II. Cultural Affiliation Studies

On January 15, 2000, the four experts hired by the U.S. Department of the Interior submitted their draft cultural affiliation reports: (1) Linguistics, Professor Eugene Hunn, University of Washington; (2) Bioarcheology and mortuary archeology, Professor Steven Hackenberger, Central Washington University; (3) Archeology, Professor Kenneth Ames, Portland State University; and (4) Traditional history and ethnography, Professor Daniel Boxberger, Eastern Washington University. Declaration of Dr. Francis McManamon, March 28, 2000 at 2 (Exhibit 2). The Department of the Interior reviewed and provided comments on the draft reports to the experts. The final reports were submitted to the Department of the Interior on or about March 6, 2000. Declaration of Dr. Francis McManamon, March 28, 2000 at 2 (Exhibit 2).

In addition, the U.S. Department of the Interior met with the claimant tribes on February 6, 2000, to discuss the agency's preliminary decision to conduct DNA testing and other issues surrounding cultural affiliation. McManamon Declaration at 4. Several of the tribes submitted additional information on cultural affiliation for the Department of the Interior's consideration. As stated in the Federal Defendants' Motion For A Modification of the September 21, 1999 Scheduling Order, the Department of the Interior will undertake additional consultation with the claimant tribes on cultural affiliation during the next six months.

III. DNA Testing

The Department of the Interior is working on the many tasks that must be completed to present to the court a plan for DNA Analysis on April 10, 2000: (1) the protocol for sampling the metacarpal; (2) a protocol for further taphonomic examination and micro-sampling of the human remains to determine the best sample for DNA analysis; (3) selection of experts to perform the examination and microsampling; and (4) discussions with DNA laboratories about their availability and process. The Department of the Interior is working with various experts on these tasks including Dr. David Glenn Smith, U.C. Davis, Dr. Erv. Taylor, U.C. Riverside (both experts proposed by plaintiffs) and has had initial discussions with Dr. Douglas Owsley, Smithsonian Institute (a plaintiff). McMannamon Declaration at 3. A full plan will be provided to the court on April 10, 2000.

Dated this the 3rd day of April, 2000.
Respectfully submitted,

Lois J. Schiffer
Assistant Attorney General

Kristine Olson
United States Attorney

(signed) by ts
Allison Rumsey
Office of the Assistant Attorney General
Env. & Natural Res. Div.
U.S. Depart.of Justice


(signed)
Timothy Simmons
Assistant United States Attorney
OSB 92461
Of attorneys for Federal Defendants



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