The Interior Department will have to create a process to make that decision based on archaeological information, geography, biology and history. First comes an attempt to find how old the bones are. Thursday's court papers don't say the government will use radiocarbon dating, which would destroy small bits of bone. But Stephanie Hanna, Interior Department spokeswoman, confirmed radiocarbon dating is the likely option. Such a test was listed as a possible second phase of studies in plans released by the government last year.
Federal officials plan to consult with tribal leaders before the next round of tests.
It was not known Thursday where the dating will be done or who will do it, Hanna said. Alan Schneider, lawyer for scientists who sued to study the bones, remained critical of the government's study program. Interior Department officials, however, say they are moving carefully to avoid a misstep in the controversial case. We are proceeding as deliberately and respectfully as we can, and that takes time. The safety she'd come to expect no longer could be taken for granted.