A good faith attempt will be made to characterize the DNA of the Kennewick Man.
This will pay one out one percent less for each month that goes by that the following conditions are fulfilled:
1) The data are unavailable to the public.
or
2) A proclaimed "good faith attempt" does not produce definitive results AND there was no attempt to extract DNA from at least two teeth (preferably molars if that is the standard tooth for DNA extraction in such ancient remains at the time of judgement).
In general any proclaimed "good faith attempt" that fails to produce definitive results must meet with at least the same degree of rigor that was applied by Oxford University to the Cheddar Man or by Brigham Young University to the Egyptian Mummies it has tested.
Some sites that deal with the Kennwick man:
http://www.tri-cityherald.com/bones/
http://www.runestone.org/km.html
It should be noted that the Kennewick man is but one of several ancient American skeletons (dating from 10000 to 8000 years ago) that have been suggested to be the remains of a people that are only distantly related to modern day Native Americans.
A list of skeletons:
An article on the Cheddar Man:
http://www.pro-am.com/origins/news/article22.html
An article on the BYU work:
http://www.rosicrucian.org/mus-plan/museum/mummy1.html
I will accepts as evidence of testing either a) results published in a refereed scientific journal b) testimony given in court by expert witnesses under oath
In the event that the presiding judge in this case orders the existing DNA samples destroyed or turned over to the plaintiffs to have voiced an opposition to testing, then evidence of testing will only be accepted as valid up to 12 months from the date that such an order is made.
RJB