SAN FRANCISCO (AP) — A federal appeals court on Wednesday restored a lawsuit that sought to have human remains taken from Canyon de Chelly National Monument on the Navajo reservation and held by the National Park Service returned to the tribe.

The 9th U.S. Circuit Court of Appeals overturned a lower court ruling that dismissed the lawsuit on the grounds that it was premature. The lower court agreed with the park service that it had not yet figured out whether other tribes have cultural affiliations to the remains, a determination that is needed before the items can be repatriated.

In a 2-1 decision, the 9th Circuit said the park service’s argument was flawed because the Navajo Nation claimed possession of the remains in accordance with a treaty that gave it exclusive use and occupation of Canyon de Chelly (dih shay) , not the inventory process.

It sent the case back down to the district court for further proceedings.

The National Park Service did not immediately have a comment on the ruling. The Park Service has said it plans to return the items, but it first must determine which tribe or tribes are their rightful owners. Possible candidates include the Navajo, but other tribes as well.

Archaeologists dug up human remains and funerary objects at Canyon de Chelly near Chinle, Arizona, decades ago. The Navajo Nation wanted the Park Service to return the items immediately for proper burial. The tribe said it never allowed the agency or any other entity to carry off remains or cultural objects because that would have contradicted traditional Navajo laws and violated the rights of tribal members.

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