indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
9th Circuit won't stop repatriation of Kumeyaay Nation ancestors

Filed Under: Education | Environment | Law
More on: 9th circuit, california, immunity, kumeyaay, nagpra
     


The University House at the University of California-San Diego. The ancestral remains were discovered on the grounds. Photo from UCSD

The 9th Circuit Court of Appeals today upheld the dismissal of a lawsuit that challenged the repatriation of tribal ancestors to the Kumeyaay Nation in California.

The University of California declared the remains to be "Native American" but scientists sued to stop their return under the Native American Graves Protection and Repatriation Act. A federal judge dismissed the case, saying it required the involvement of the 12 Kumeyaay tribes and the Kumeyaay Cultural Repatriation Committee, a tribal entity.

By a 2-1 vote, the 9th Circuit agreed. NAGPRA doesn't waive tribal sovereign immunity so the Kumeyaay tribes and the repatriation committee can't be joined without consent, the decision stated.

"There is no doubt that the tribes and the repatriation committee have a legally protected interest," the court wrote.

The ancestral remains -- believed to represent at least two people -- were discovered in 1976 on the grounds of the chancellor’s official residence at the University of California-San Diego. They are estimated to be between 8,900 and 9,600 years old.

The Kumeyaay people have lived in the same area for tens of thousands of years so they requested the return of the remains. The University of California at first balked at the claim but later determined they were "Native American" and published notice in the Federal Register on December 5, 2011, a step towards potential repatriation to the tribes.

There is no guarantee, however, that the remains will indeed be returned, the 9th Circuit noted. That's one of the reasons why the court recognized the legal interests of the Kumeyaay tribes and the repatriation committee.

"Contrary to the plaintiffs’ assertions, the university cannot sufficiently represent the interests of the tribes or repatriation committee," the decision stated. "At present, their interests are aligned. There is some reason to believe that they will not necessarily remain aligned."

"However, as the district court pointed out, the university 'has a broad obligation to serve the interests of the people of California, rather than any particular subset, such as the people of the Kumeyaay tribes,'" it continued. "Thus, the different motivations of the two parties could lead to a later divergence of interests."

The sole dissenting vote from Judge Mary H. Murguia, who argued that the determination of "Native American" could be litigated without the tribes' involvement, makes the case ripe for a rehearing. Further appeals could lead to the U.S. Supreme Court, which has never heard a NAGPRA case.

Turtle Talk has posted briefs from the case, White v. University of California. Oral arguments can be found on the Indian.Com SoundCloud.

9th Circuit Decision:
White v. University of California (August 27, 2014)

Federal Register Notice:
Notice of Inventory Completion: The University of California, San Diego, San Diego, CA (December 5, 2011)

Related Stories:
Steven Newcomb: Scientists lay claim to Kumeyaay ancestors (04/15)
New Scientist: Remains at center of NAGPRA feud in California (05/16)
School barred from returning remains to Kumeyaay Nation (5/2)
Professors file a competing lawsuit over ancestral remains (4/25)
Kumeyaay Nation sues university to repatriate ancestors (4/24)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
President of Alaska Native village highlights threat to community (9/3)
President Barack Obama offers thoughts on historic trip to Alaska (9/3)
President Obama enjoys unique welcome in Alaska Native village (9/3)
Transcript: President Obama speaks in Native village of Kotzebue (9/3)
Democrats slam GOP candidate for comments about assimilation (9/3)
Poarch Creeks secure major ruling in gaming dispute in Alabama (9/3)
Native Sun News: City faces possible suit from Lakota 57 parents (9/3)
Lakota Country Times: Sinte Gleska University to expand campus (9/3)
Tim Giago: Republicans show hypocrisy on the 14th Amendment (9/3)
Ivan Star: 'English education' obliterated culture and language (9/3)
Gyasi Ross: Obama's checkered record on Native environment (9/3)
Opinion: Indian Child Welfare Act doesn't help Indian children (9/3)
Appeal planned in Grand Ronde Tribes disenrollment dispute (9/3)
Blackfeet Nation states opposition to drilling on sacred land (9/3)
Father of Native woman who died in jail cell considers lawsuit (9/3)
Oglala Sioux Tribe set to open $16.5M nursing home next year (9/3)
Donald Trump's campaign manager linked to Abramoff scandal (9/3)
Navajo Nation plans big development next to casino in Arizona (9/3)
Graton Rancheria breaks ground on $175M expansion at casino (9/3)
United Auburn Indian Community compact gains quick approval (9/3)
New Mexico tribes weren't involved in off-reservation casino bid (9/3)
Parents of Lakota 57 respond to not guilty verdict in Rapid City (9/2)
Grand Ronde Tribes to disenroll 86 descendants of treaty signer (9/2)
Lakota Country Times: New food bank on Pine Ridge Reservation (9/2)
Mark Trahant: FCC invents new law for tribal lands in Oklahoma (9/2)
Native Sun News Editorial: Republican attacks on Hillary Clinton (9/2)
Vi Waln: Rosebud Sioux Tribe needs to establish 'virtual' school (9/2)
Steven Newcomb: The religious basis of Doctrine of Discovery (9/2)
Frank Bibeau: Ojibwe people assert treaty rights in Minnesota (9/2)
Carly McIntosh: Feeling love from elders at naming ceremony (9/2)
Winnebago Tribe reports results of primary election for council (9/2)
President Obama set for visit to Native communities in Alaska (9/2)
Alaska Native students being left behind in their own backyard (9/2)
Opinion: Alaska will lose appeal in BIA land-into-trust lawsuit (9/2)
Native children being removed at alarming rates in Manitoba (9/2)
Crow Tribe opens apartment complex for homeless veterans (9/2)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.