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 the Bishop Museum
June 1 , 2005

[Federal Register: June 1, 2005 (Volume 70, Number 104)]
[Notices]
[Page 31513-31514]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn05-116]

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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 the Bishop Museum

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 the Bishop Museum. The dispute focused on the
disposition of carved sandstone blocks from the Island of Moloka'i
known as Kalaina Wawae that are under the control of the Bishop Museum.
The Review Committee recommended that the Bishop Museum and Hui Malama
o Mo'omomi work together to revise expeditiously the current memorandum
of agreement to require the consent of Hui Malama o Mo'omomi prior to
the removal of the Kalaina Wawae from the Island of Molokai.

SUPPLEMENTARY INFORMATION: On April 9, 1999, the Bishop Museum
published a Notice of Intent to Repatriate in the Federal Register. The
notice identified three sandstone blocks containing carved footprints,
also known as Kalaina Wawae, as objects of cultural patrimony
culturally affiliated with Hui Malama I Na Kupuna O Hawai'i Nei.

On March 4, 2003, the Bishop Museum and Hui Malama O Mo'omomi
signed a memorandum of agreement to place the Kalaina Wawae at
Mo'omomi, Island of Moloka'i. Hand written at the bottom of the
memorandum of agreement is the following: ``Signed under protest
because Hui Malama I Na Kupuna O Hawai'i Nei was removed from this
agreement without explanation by Bishop Museum to any of the parties.
This act demonstrates a lack of respect on the part of the museum.''
The Kalaina Wawae were moved to Mo'omomi on the Island of Moloka'i.
On November 3, 2003, the Bishop Museum published a correction in
the Federal Register rescinding the April 9, 1999, notice. The
correction states that the Bishop Museum does not intend to repatriate
the Kalaina Wawae to the Native Hawaiian organizations that previously
presented claims.

On November 29, 2004, Hui Malama I Na Kupuna O Hawai'i Nei
requested

[[Page 31514]]

the assistance of the Review Committee in resolving its dispute with
the Bishop Museum as to whether repatriation of the Kalaina Wawae to
Hui Malama I Na Kupuna O Hawai'i Nei was complete when no competing
claims were filed following publication of the April 9, 1999, Federal
Register notice.

On December 17, 2004, the Review Committee's designated Federal
officer acknowledged receipt of the November 29, 2004, request and
identified questions as to whether the Kalaina Wawae are objects of
cultural patrimony as an issue of fact with which the Review Committee
might wish to assist in resolving. The request for a recommendation
regarding the finality of repatriation, which is likely dependent on
provisions of state law and other legal authorities, was identified as
being beyond the Review Committee's purview.

On February 2, 2005, the Bishop Museum provided information to the
Review Committee relevant to the dispute, including a declaration that
the museum does not consider the Kalaina Wawae to be objects of
cultural patrimony.

On February 21, 2005, the Review Committee's designated Federal
officer notified Hui Malama I Na Kupuna O Hawai'i Nei and the Bishop
Museum 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
invited a representative of Hui Malama O Mo'omomi to provide
information to the Review Committee.

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, Bishop Museum, and Hui Malama o
Mo'omomi and made the following findings:
1. There is disagreement regarding whether the Kalaina Wawae are
objects of cultural patrimony.
2. The Review Committee has chosen not to come to a finding as to
whether the Kalaina Wawae are objects of cultural patrimony at this
time.
3. The Review Committee recognizes the cultural significance of the
Kalaina Wawae to the people of the Island of Molokai.
4. The Review Committee believes that the current location of the
Kalaina Wawae is appropriate.

The Review Committee recommends that the Bishop Museum and Hui
Malama o Mo'omomi work together to revise expeditiously the current
memorandum of agreement to require the consent of Hui Malama o Mo'omomi
prior to the removal of the Kalaina Wawae from the Island of Molokai.
The National Park Service 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.
Neither the Secretary of the Interior nor the National Park Service has
taken a position on these matters.

Dated: May 20, 2005.
Rosita Worl,
Chair, Native American Graves Protection and Repatriation Review
Committee.
[FR Doc. 05-10809 Filed 5-31-05; 8:45 am]
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