Motion of the Confederated Tribes of the Colville Reservation for Leave to Appear as Amicus Curiae and supporting Memorandum
In the Unitead States District Court for the District of Oregon
Confederated Tribes of the Colville Reservation Motion for Leave to Appear as Amicus Curiae
The Confederated Tribes of the Colville Reservation respectfully moves the Court for an order permitting it to appear in this case and participate as amicus curiae. The basis of this motion is set out in the accompanying Memorandum in Support of Confederated Tribes of the Colville Reservation's Motion for Leave to Appear as Amicus Curiae.
Respectfully Submitted on this 12th day of October, 2000.
/s Timothy Brewer
Memorandum in Support of Confederated Tribes of the Colville Reservation's Motion for Leave to Appear as Amicus Curiae
The Confederated Tribes of the Colville Reservation (hereinafter "Colville Tribes") is a federally recognized Indian tribe organized under a constitution approved by the Commissioner of Indian Affiars. The Colville Tribes consists of 12 distinct Indian tribes or bands, including the Palus Tribe. The Colville Tribes has standing in this capacity to make a claim under the Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 et seq, (NAGPRA) for the Native American remains at issue in this case.
Pursuant to NAGPRA, 25 U.S.C. 3001 et seq, and in the aforementioned capacity, the Colville Tribes, in conjunction with several other tribes, filed a unified claim for the custody of the Native American ancient remains inadvertently discovered near Kennewick, WA. On September 25, 2000, the Department of the Interior, with the authority delegated to them by the Department of the Army, granted the Tribes' unified claim thus recognizing the Tribes' right of ownership in the remains per section 3 of NAGPRA. 25 U.S.C. 3002.
The proper implementation of NAGPRA procedures with regard to the "Ancient One" ("Kennewick Man") is of central importance to the Colville Tribes and its members. The Colville Tribes through its History and Archaeology Department has been actively involved in the process of transferring custody of the "Ancient One" pursuant to NAGPRA. In this capacity the process, the Colville Tribes has submitted reports and information in support of the tribal claims to the Department of the Interior for inclusion in the administrative record. These reports were submitted on February 28, 2000 and August 10, 2000 respectively.
The Colville Tribes seeks amicus curiae status so that they may file briefs and make such evidentiary presentations as are allowed by the court in support of the decision made by the Department of the Interior to transfer custody of the remains to the unified claimant tribes. The district court has broad discretion to appoint amici curiae. Hoptowit v. Ray, 683 F.2d 1237, 1260 (9th Cir. 1982), and has done so with respect to the other tribes within the unified claim. The Confederated Tribes of the Colville Reservation respectfully requests permission to appear and participate in this case as amicus curiae for the purpose of presenting its views on the intent of NAGPRA, and the legal and factual basis supporting the Department's decision.
Respectfully Submitted this 12th day of October, 2000.
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