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United States' Response to Tribes' Motion for Stay Pending Appeal

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Non-consolidated appeal
Nos. 02-35970, 02-35994, 02-35996,
(District Court No, 961481JE (D. Or.))

ROBSON BONNICHSEN, C. LORING BRACE, GEORGE W. GILL, C. VANCE HAYNES, JR., RICHARD L. JANTZ, DOUGLAS W. OWSLEY, DENNIS J. STANFORD and D. GENTRY STEELE,
Plaintiffs-Appellees,

V.

UNITED STATES OF AMERICA,
Defendants-Appellants,

and

CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, NEZ PERCE TRIBE CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION, CONFEDERATED TRIBES AND BANDS OF THE YAICAMA NATION,
Defendants-Intervenors-Appellants.

UNITED STATES' RESPONSE TO TRIBES' MOTION FOR STAY PENDING APPEAL

On January 16, 2003, the Tribes that are defendants-intervenors, and appellants in No. 02-35996, filed a motion requesting a stay pending appeal of the district court order dated August 30, 2002. A stay would mean that the human remains that are the subject of this case would remain curated at the Burke Museum in Seattle and would postpone the plaintiff scientists' proposed study of the remains. Federal defendants, appellants in 9th Cir. No. 02-35994, have no objection to the Tribal Claimants' motion for a stay, and believe that maintenance of the status quo during the pendency of the appeal is appropriate.

Respectfully submitted,

[signed]

Ellen J. Durkee
Attorney, Appellate Section
Environment & Natural Resources Division
Department of Justice
P.O. Box 23795, L'Enfant Plaza Station
Washington, D.C. 20026
(202) 514-4426

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