The men's lawyer, Stephen R. Ward of Tulsa, Okla., said they will now pursue the legal process to have their father, who won the decathlon and pentathlon in the 1912 Olympics, returned to Sac and Fox land in central Oklahoma.
Messages seeking comment from lawyers for the borough, and top borough officials, were not immediately returned. They could appeal Caputo's decision.
Ward said the brothers were pleased with the decision.
"They and their brothers and other members of the family have wanted this and have worked for this for a long time," he said. "They well remember how the wishes of the Indian members of the family were not respected concerning their father's burial."