[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Notices]
[Pages 10755-10756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5331]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent to Repatriate Cultural Items: U.S. Department of 
the Interior, National Park Service, Hawaii Volcanoes National Park, 
Hawaii National Park, HI

AGENCY: National Park Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

    Notice is here given in accordance with the Native American Graves 
Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3005, of the intent 
to repatriate cultural items in the possession of the U.S. Department 
of the Interior, National Park Service, Hawaii Volcanoes National Park, 
Hawaii National Park, HI, that meet the definition of ``unassociated 
funerary objects'' under 25 U.S.C. 3001.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). 
The determinations in this notice are the sole responsibility of the 
superintendent, Hawaii Volcanoes National Park.
    In 1905, five funerary objects were removed from Forbes Cave in 
Hawaii County, HI, by David Forbes, William Wagner, and Frederich 
Haenisch. The whereabouts of the human remains that were in the cave is 
unknown. On March 14, 1956, the five items were donated to Hawaii 
National Park, now known as Hawaii Volcanoes National Park, by Forbes' 
daughter, Blodwin Forbes Edmondson. The five unassociated funerary 
objects are one carved wooden female image, one game board or table, 
one cutting tool made from a human clavicle, one gourd water bottle 
with shell stopper, and one wrist ornament made of rock oyster, and are 
Native Hawaiian in origin.
    Claims based on cultural affiliation were received by Hawaii 
Volcanoes National Park from the Department of Hawaiian Homelands, 
Hawaii Island Burial Council, Hoohuli Ohana, Hooulu Lahui, Hui Malama I 
Na Kupuna O Hawai'i Nei, Ka Ohana Ayau, Keaweamahi Ohana, Kekumano 
Ohana, Laika-a-Mauia Ohana, Na Lei Alii Kawananakoa, Na Papa Kanaka O 
Pu'ukohola Heiau, Office of Hawaiian Affairs, Royal Hawaiian Academy of 
Traditional Arts, and Van Horn Diamond Ohana. Each qualifies as a 
Native Hawaiian organization under NAGPRA, pursuant to 25 U.S.C. 
3001(11), and each is entitled to claim and receive the five 
unassociated funerary objects. Hawaii Volcanoes National Park is unable 
to determine which requesting party is the most appropriate claimant.
    Officials of Hawaii Volcanoes National Park have determined that, 
pursuant to 25 U.S.C. 3001 (3)(B), the five cultural items described 
above are reasonably believed to have been placed with or near 
individual human remains at the time of death or later as part of the 
death rite or ceremony and are believed, by a preponderance of the 
evidence, to have been removed from a specific burial site of a Native 
American individual. Officials of Hawaii Volcanoes National Park also 
have determined that, pursuant to 25 U.S.C. 3001 (2), there is a 
relationship of shared group identity that can be reasonably traced 
between the unassociated funerary objects and the Department of 
Hawaiian Homelands, Hawaii Island Burial Council, Hoohuli Ohana, Hooulu 
Lahui, Hui Malama I Na Kupuna O Hawai'i Nei, Ka Ohana Ayau, Keaweamahi 
Ohana, Kekumano Ohana, Laika-a-Mauia Ohana, Na Lei Alii Kawananakoa, Na 
Papa Kanaka O Pu'ukohola Heiau, Office of Hawaiian Affairs, Royal 
Hawaiian Academy of Traditional Arts, and Van Horn Diamond Ohana. 
Lastly, officials of Hawaii Volcanoes National Park have determined 
that, pursuant to 43 CFR 10.10 (c)(2), the park cannot determine by the 
preponderance of the evidence which requesting party is the most 
appropriate claimant and will retain the unassociated funerary objects 
until the Department of Hawaiian Homelands,

[[Page 10756]]

Hawaii Island Burial Council, Hoohuli Ohana, Hooulu Lahui, Hui Malama I 
Na Kupuna O Hawai'i Nei, Ka Ohana Ayau, Keaweamahi Ohana, Kekumano 
Ohana, Laika-a-Mauia Ohana, Na Lei Alii Kawananakoa, Na Papa Kanaka O 
Pu'ukohola Heiau, Office of Hawaiian Affairs, Royal Hawaiian Academy of 
Traditional Arts, and Van Horn Diamond Ohana mutually agree upon the 
appropriate recipient or the dispute is otherwise resolved pursuant to 
NAGPRA or as ordered by a court of competent jurisdiction.
    Representatives of any other Native Hawaiian organization that 
believes itself to be culturally affiliated with the unassociated 
funerary objects should contact Cindy Orlando, superintendent, Hawaii 
Volcanoes National Park, Hawaii National Park, HI 96718, telephone 
(808) 985-6025, before April 13, 2009. Repatriation of the unassociated 
funerary objects to the Department of Hawaiian Homelands, Hawaii Island 
Burial Council, Hoohuli Ohana, Hooulu Lahui, Hui Malama I Na Kupuna O 
Hawai'i Nei, Ka Ohana Ayau, Keaweamahi Ohana, Kekumano Ohana, Laika-a-
Mauia Ohana, Na Lei Alii Kawananakoa, Na Papa Kanaka O Pu'ukohola 
Heiau, Office of Hawaiian Affairs, Royal Hawaiian Academy of 
Traditional Arts, and Van Horn Diamond Ohana may proceed after that 
date when the affiliated Native Hawaiian organizations have mutually 
agreed upon a resolution.
    Hawaii Volcanoes National Park is responsible for notifying the 
Department of Hawaiian Homelands, Hawaii Island Burial Council, Hoohuli 
Ohana, Hooulu Lahui, Hui Malama I Na Kupuna O Hawai'i Nei, Ka Ohana 
Ayau, Keaweamahi Ohana, Kekumano Ohana, Laika-a-Mauia Ohana, Na Lei 
Alii Kawananakoa, Na Papa Kanaka O Pu'ukohola Heiau, Office of Hawaiian 
Affairs, Royal Hawaiian Academy of Traditional Arts, and Van Horn 
Diamond Ohana that this notice has been published.

    Dated: January 29, 2009
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-5331 Filed 3-11-09; 8:45 am]
BILLING CODE 4312-50-S