[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31520-31521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10795]


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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]
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