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Native American Graves Protection and

Repatriation Review Committee

Dispute Findings


Native American Graves Protection and Repatriation Review Committee Findings and Recommendations Regarding a Dispute Between Hui Malama I Na Kupuna O Hawai'i Nei and Hawaii Volcanoes National Park
June 1 , 2005

[Federal Register: June 1, 2005 (Volume 70, Number 104)]
[Notices]
[Page 31520-31521]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn05-122]

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DEPARTMENT OF THE INTERIOR

National Park Service

Native American Graves Protection and Repatriation Review
Committee Findings and Recommendations Regarding a Dispute Between Hui
Malama I Na Kupuna O Hawai'i Nei and Hawaii Volcanoes National Park

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: At a March 13-15, 2005, public meeting in Honolulu, HI, the
Native American Graves Protection and Repatriation Review Committee
(Review Committee) considered a dispute between Hui Malama I Na Kupuna
O Hawai'i Nei and Hawaii Volcanoes National Park. The dispute focused
on whether five items in the possession of the park are subject to
repatriation under provisions of the Native American Graves Protection
and Repatriation Act. The Review Committee recommended that the park
initiate aggressive consultation with all claimants and other
interested parties and complete the repatriation process by the end of
2005.

SUPPLEMENTARY INFORMATION: On October 20, 1993, the National Park
Service completed a Servicewide summary of collections that may include
unassociated funerary objects, sacred objects, and objects of cultural
patrimony. Listed under Hawaii Volcanoes National Park were five items
attributed to Forbes Cave, Kawaihae, HI, including one wood statue, one
konane board, one bone tool, one gourd vessel, and one bone button.
On June 28, 1996, Hawaii Volcanoes National Park completed its
inventory of Native American human remains and associated funerary
objects. The park's inventory included one cutting tool made of human
clavicle with a shark's tooth said to have been collected from Forbes
Cave, Kawaihae, HI.

On November 19, 1999, Hui Malama I Na Kupuna O Hawai'i Nei filed a
claim to repatriate all items removed from Forbes Cave in the
possession of Hawaii Volcanoes National Park.
On November 23, 2004, Hui Malama I Na Kupuna O Hawai'i Nei
requested the assistance of the Review Committee in resolving its
dispute with Hawaii

[[Page 31521]]

Volcanoes National Park. The request also includes an allegation that
the park failed to comply with the repatriation provisions of the Act.
On January 24, 2005, the Review Committee's designated Federal
officer acknowledged receipt of the November 23, 2004, request and
identified questions as to whether five objects from Forbes Cave are
funerary objects culturally affiliated with one or more Native Hawaiian
organizations as issues of fact with which the Review Committee might
wish to assist in resolving. The allegation of failure to comply was
referred to the Washington Office of the National Park Service for
administrative review.

On February 18, 2005, the Review Committee's designated Federal
officer notified Hui Malama I Na Kupuna O Hawai'i Nei and Hawaii
Volcanoes National Park that the Review Committee had agreed to assist
in the resolution of the dispute at its next meeting.

On March 1, 2005, the Review Committee's designated Federal officer
sent letters to 18 claimants inviting them to provide information to
the Review Committee: representative of Henry Auwae (deceased),
representative of Edward Kanahele (deceased), Hannah Kane Reeves,
Department of Hawaiian Home Lands, E Nana Pono, Hawaii Genealogy
Society, Hawaii Island Burial Council, Kekumano Ohana, Keohokalole
Ohana, Na Ali'i Lei Kawananakoa, Na Papa Kanaka O Pu'u Kohola, Nation
of Hawai'i, Native Hawaiian Advisory Council, Office of Hawaiian
Affairs, Puuhonua O Waimanalo, Royal Hawaiian Academy of Traditional
Arts, State Council of Hawaiian Homestead Associations, and Van Horn
Diamond Ohana.

FINDINGS AND RECOMMENDATIONS: On March 13-15, 2005, the Review
Committee considered the dispute as presented by representatives of Hui
Malama I Na Kupuna O Hawai'i Nei, Hawaii Volcanoes National Park,
Department of Hawaiian Home Lands, Hawaii Genealogy Society, Kekumano
Ohana, Na Ali'i Lei Kawananakoa, Na Papa Kanaka O Pu'u Kohola, Office
of Hawaiian Affairs, Royal Hawaiian Academy of Traditional Arts, and
Van Horn Diamond Ohana and made the following findings:
1. The park has been very slow in going through the NAGPRA process.
2. The number of potential claimants of the items has increased
with the passage of time.
3. The Review Committee is encouraged that the park is now moving
forward.
4. The Review Committee has chosen not to come to a finding as to
whether the five objects are cultural items as defined by the statute
and regulations.
5. The park has not done sufficient work to investigate right of
possession.
6. The park needs to expand the involvement of Native Hawaiian
participation and testimony.

The Review Committee recommends that:
1. Hawaii Volcanoes National Park initiate aggressive consultation
with all claimants and other interested parties.
2. Hawaii Volcanoes National Park investigate the right of
possession issue in light of territorial law in force at the time the
objects were removed from the cave.
3. Hawaii Volcanoes National Park take steps to ensure that it
completes the repatriation process by the end of 2005.

The National NAGPRA Program publishes this notice as part of its
administrative and staff support for the Review Committee. The findings
and recommendations are those of the Review Committee and do not
necessarily represent the views of the Secretary of the Interior. The
Secretary of the Interior has not taken a position on these matters.

Dated: May 20, 2005.
Rosita Worl,
Chair, Native American Graves Protection and Repatriation Review
Committee.
[FR Doc. 05-10795 Filed 5-31-05; 8:45 am]
BILLING CODE 4312-50-S

 

 
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