[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31513-31514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10809]


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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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