[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Notices]
[Pages 84348-84349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26617]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0037012; PPWOCRADN0-PCU00RP14.R50000]


Notice of Intent To Repatriate Cultural Items: University of 
California, Berkeley, Berkeley, CA

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: In accordance with the Native American Graves Protection and 
Repatriation Act (NAGPRA), the University of California, Berkeley 
intends to repatriate certain cultural items that meet the definition 
of sacred objects and have a cultural affiliation with the Native 
Hawaiian organizations in this notice. The cultural items were removed 
from the Hawaiian Islands.

DATES: Repatriation of the cultural items in this notice may occur on 
or after January 4, 2024.

ADDRESSES: Alexandra Lucas, Repatriation Coordinator, Government

[[Page 84349]]

and Community Relations (Chancellor's Office), University of 
California, Berkeley, 200 California Hall, Berkeley, CA 94720, 
telephone (510) 570-0964, email [email protected].

SUPPLEMENTARY INFORMATION: This notice is published as part of the 
National Park Service's administrative responsibilities under NAGPRA. 
The determinations in this notice are the sole responsibility of the 
University of California, Berkeley. The National Park Service is not 
responsible for the determinations in this notice. Additional 
information on the determinations in this notice, including the results 
of consultation, can be found in the summary or related records held by 
the University of California, Berkeley.

Description

    Between 1881 and 1917, 29 sacred objects were removed from the 
Hawaiian Islands by, variously, the Alaska Commercial Company, Arthur 
Rodgers, Fran[ccedil]ois L. A. Pioche, H.W. O'Melveny, Jackson R. 
Myers, Phoebe Apperson Hearst, and other unknown collectors, and were 
donated to the Lowie Museum (Phoebe A. Hearst Museum of Anthropology). 
The sacred objects are one `opu`u (pendant), one `umeke (bowl), 10 
hoana (grindstone), one `ihe (spear), one ipu `aina (scrap bowl), one 
ipu kuha (spittoon), two k[umacr]pe`e (anklet/bracelet), one makau 
(fishhook) or niho palaoa (whale tooth pendent), four niho palaoa 
(whale tooth pendent), two lei niho palaoa (whale tooth pendent human 
hair necklace) and five lei lauoho (human hair necklace). The human 
hair in the two lei niho palaoa and five lei lauoho are reasonably 
believed to have been freely given or naturally shed by the individuals 
from whom it was obtained.
    Five sacred objects were removed from the Hawaiian Islands by Mr. 
and Mrs. Gardner Dailey and were donated in 1970 to the Lowie Museum 
(Phoebe A. Hearst Museum of Anthropology). The sacred objects are five 
lei hulu (feather necklace).
    Also, 301 additional items which are not `cultural items' under 
NAGPRA are being returned pursuant to the University of California 
Native American Cultural Affiliation and Repatriation Policy, Section 
V.G., Voluntary Deaccessioning of Items which are not NAGPRA/CalNAGPRA-
eligible.

Cultural Affiliation

    The cultural items in this notice are connected to one or more 
identifiable earlier groups, tribes, peoples, or cultures. There is a 
relationship of shared group identity between the identifiable earlier 
groups, tribes, peoples, or cultures and one or more Indian Tribes or 
Native Hawaiian organizations. The following types of information were 
used to reasonably trace the relationship: Tribal traditional 
knowledge, geographical, and historical.

Determinations

    Pursuant to NAGPRA and its implementing regulations, and after 
consultation with the appropriate Indian Tribes and Native Hawaiian 
organizations, the University of California, Berkeley has determined 
that:
     The 34 cultural items described above are specific 
ceremonial objects needed by traditional Native American religious 
leaders for the practice of traditional Native American religions by 
their present-day adherents.
     There is a relationship of shared group identity that can 
be reasonably traced between the cultural items and the Council for 
Native Hawaiian Advancement, and Hui Iwi Kuamo`o.

Requests for Repatriation

    Additional, written requests for repatriation of the cultural items 
in this notice must be sent to the Responsible Official identified in 
ADDRESSES. Requests for repatriation may be submitted by any lineal 
descendant, Indian Tribe, or Native Hawaiian organization not 
identified in this notice who shows, by a preponderance of the 
evidence, that the requestor is a lineal descendant or a culturally 
affiliated Indian Tribe or Native Hawaiian organization.
    Repatriation of the cultural items in this notice to a requestor 
may occur on or after January 4, 2024. If competing requests for 
repatriation are received, the University of California, Berkeley must 
determine the most appropriate requestor prior to repatriation. 
Requests for joint repatriation of the cultural items are considered a 
single request and not competing requests. The University of 
California, Berkeley is responsible for sending a copy of this notice 
to the Native Hawaiian organizations identified in this notice.
    Authority: Native American Graves Protection and Repatriation Act, 
25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.8, 10.10, 
and 10.14.

    Dated: November 28, 2023.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2023-26617 Filed 12-4-23; 8:45 am]
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