Kennewick Man, known as "the ancient One" to Native Americans, was discovered in 1996. The 380 bones and bone fragments compose one of the most nearly complete sets of ancient remains ever found in North America. Government researchers completed an initial analysis of the skeleton in 1998. But it was placed out of scientific bounds 2 years ago, when then-Secretary of the Interior Bruce Babbitt ruled that a 1990 law called the Native American Graves Protection and Repatriation Act required the skeleton to be given to the five modern Native American tribes that claimed him as an ancestor and sought to have him reburied (Science, 29 September 2000, p. 2257).

CREDIT: ELAINE THOMPSON/AP

In his 73-page ruling, U.S. Magistrate John Jelderks of Portland, Oregon, called Babbitt's decision "arbitrary and capricious." After reviewing some 22,000 pages of documents, Jelderks ruled that there was insufficient evidence to link the skeleton to any modern tribe. "Allowing study is fully consistent with applicable statutes and regulations, which are clearly intended to make archaeological information available to the public through scientific research," Jelderks wrote. Plaintiff attorney Alan Schneider calls the decision a "landmark" because it sets an important precedent that should give researchers access to future discoveries of ancient remains.

"We are delighted with the decision," says Robson Bonnichsen, who heads the Center for the Study of the First Americans at Texas A&M University in College Station and was a plaintiff in the case. He says researchers hope to carry out a wide variety of tests on the skeleton, including skull measurements and possibly DNA tests, to pinpoint the origin of the bones. The ruling gives the researchers 45 days to submit a study proposal to the Department of the Interior and another 45 days for the government to respond.