How did DOI misapply the concept of cultural affiliation?
In our opinion, DOI did two things that were incorrect under the law. First, in order to repatriate Kennewick Man, DOI illegally redefined the concept of cultural affiliation. NAGPRA defines cultural affiliation as a “relationship of shared group identity that can be reasonably traced” between a modern, federally recognized tribe and an identifiable earlier group. DOI used the far weaker criteria of “reasonable relationship” and “continuity” in making its determination, rather than the “relationship of shared group identity” that is required by law. Watering down the definition in this way makes it possible to affiliate human remains with almost any group that might claim them. For example, modern American culture exhibits a “reasonable relationship” with ancient Greek culture in terms of government, architecture, and other characteristics, but most modern Americans would not claim Greek as their “group identity.” Second, DOI ignored the fact that cultural affiliation must be establish
