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, 31520-31521 [05-10795]

Download as PDF 31520 Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Notices DEPARTMENT OF THE INTERIOR National Park Service Notice of Inventory Completion: Field Museum of Natural History, Chicago, IL National Park Service, Interior. ACTION: Notice. AGENCY: Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains in the possession of the Field Museum of Natural History, Chicago, IL. The human remains were removed from a site along the Fox River in Illinois. 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 museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice. A detailed assessment of the human remains was made by Field Museum of Natural History professional staff in consultation with representatives of the Citizen Potawatomi Nation, Oklahoma; Forest County Potawatomi Community, Wisconsin; Hannahville Indian Community, Michigan; Huron Potawatomi, Inc., Michigan; Match-e-benash-she-wish Band of Pottawatomi Indians of Michigan; Pokagon Band of Potawatomi Indians, Michigan and Indiana; and Prairie Band of Potawatomi Nation, Kansas. In 1933, human remains representing a minimum of one individual were removed from a site along the Fox River in Illinois by C.N. Ackerman. In November of the same year, Mr. Ackerman donated the human remains to the Field Museum of Natural History. No known individual was identified. No associated funerary objects are present. The human remains have been identified as Native American based on the specific cultural and geographic attribution in Field Museum of Natural History records. The records identify the human remains as ‘‘female middle age’’ from an ‘‘Old Potowotamie Graveyard, Fox River Ills. Burials in this place prior to 1837.’’ Scholarly publications and consultation information indicate that the Fox River in Illinois is considered to be within the postcontact territory of the Potawatomi Indians. Potowatomi Indian descendants are represented by the present day Citizen Potawatomi Nation, Oklahoma; Forest County Potawatomi Community, Wisconsin; Hannahville VerDate jul<14>2003 16:22 May 30, 2005 Jkt 205001 Indian Community, Michigan; Huron Potawatomi, Inc., Michigan; Match-e-benash-she-wish Band of Pottawatomi Indians of Michigan; Pokagon Band of Potawatomi Indians, Michigan and Indiana; and Prairie Band of Potawatomi Nation, Kansas. Officials of the Field Museum of Natural History have determined that, pursuant to 25 U.S.C. 3001 (9–10), the human remains described above represent the physical remains of one individual of Native American ancestry. Officials of the Field Museum of Natural History 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 Native American human remains and the Citizen Potawatomi Nation, Oklahoma; Forest County Potawatomi Community, Wisconsin; Hannahville Indian Community, Michigan; Huron Potawatomi, Inc., Michigan; Match-e-benash-she-wish Band of Pottawatomi Indians of Michigan; Pokagon Band of Potawatomi Indians, Michigan and Indiana; and Prairie Band of Potawatomi Nation, Kansas. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the human remains should contact Helen Robbins, Repatriation Specialist, Field Museum of Natural History, 1400 South Lake Shore Drive, Chicago, IL 60605–2496, telephone (312) 665–7317, before July 1, 2005. Repatriation of the human remains to the Citizen Potawatomi Nation, Oklahoma; Forest County Potawatomi Community, Wisconsin; Hannahville Indian Community, Michigan; Huron Potawatomi, Inc., Michigan; Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan; Pokagon Band of Potawatomi Indians, Michigan and Indiana; and Prairie Band of Potawatomi Nation, Kansas may proceed after that date if no additional claimants come forward. The Field Museum of Natural History is responsible for notifying the Citizen Potawatomi Nation, Oklahoma; Forest County Potawatomi Community, Wisconsin; Hannahville Indian Community, Michigan; Huron Potawatomi, Inc., Michigan; Match-e-benash-she-wish Band of Pottawatomi Indians of Michigan; Pokagon Band of Potawatomi Indians, Michigan and Indiana; and Prairie Band of Potawatomi Nation, Kansas that this notice has been published. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 Dated: May 20, 2005 Paul Hoffman, Deputy Assistant Secretary, Fish and Wildlife and Parks. [FR Doc. 05–10814 Filed 5–31–05; 8:45 am] BILLING CODE 4312–50–S 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 National Park Service, Interior. Notice. AGENCY: ACTION: 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 E:\FR\FM\01JNN1.SGM 01JNN1 Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Notices 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. VerDate jul<14>2003 16:22 May 30, 2005 Jkt 205001 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] BILLING CODE 4312–50–S DEPARTMENT OF THE INTERIOR National Park Service Notice of Inventory Completion for Native American Human Remains and Associated Funerary Objects in the Control of the Aztec Ruins National Monument, National Park Service, Aztec, NM; Correction National Park Service, Interior. Notice; correction. AGENCY: ACTION: Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects in the control of the U.S. Department of the Interior, National Park Service, Aztec Ruins National Monument, Aztec, NM. These human remains and cultural items were removed from sites within and near Aztec Ruins National Monument, Aztec, NM. This notice is published as part of the National Park Service’s administrative PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 31521 responsibilities under NAGPRA, 25 U.S.C. 3003, (d)(3). The determinations in this notice are the sole responsibility of the Superintendent, Aztec Ruins National Monument. This notice corrects the number of human remains reported in a notice of inventory completion published in the Federal Register on October 2, 1998. A recent analysis of items from a portion of the Aztec Ruins National Monument collection identified a single bone as being human. The remains had been identified as non-human during previous examination. The human remains are culturally affiliated with the same tribes as described in the original notice. In the Federal Register of October 2, 1998, FR Doc. 98–26418, pages 53098 53100, two paragraphs are inserted and one paragraph is corrected as follows: The following two paragraphs are inserted after paragraph 12: In 1983, human remains representing a minimum of one individual were recovered from room 221 in the West Ruin, located within park boundaries, during a legally authorized excavation in conjunction with stabilization work. No known individual was identified. No funerary objects are present. Based on dendrochronology of the West Ruin and on cross dating of associated ceramic sherds, these human remains date to the Pueblo III period (circa A.D. 1100–1300). Paragraph 27 is corrected by replacing the first sentence of the paragraph with the following sentence: Based on the above-mentioned information, officials of the National Park Service have determined that, pursuant to 43 CFR 10 (d)(1), the human remains listed above represent the physical remains of 126 individuals of Native American ancestry. Representatives of any other Indian tribe that believes itself to be culturally affiliated with these human remains should contact Dennis Carruth, Superintendent, Aztec Ruins National Monument, 84 County Road 2900, Aztec, NM 87410, telephone (505) 334– 6174, before July 1, 2005. Repatriation of these human remains to the Hopi Tribe of Arizona; Navajo Nation, Arizona, New Mexico & Utah; Pueblo of Acoma, New Mexico; Pueblo of Cochiti, New Mexico; Pueblo of Isleta, New Mexico; Pueblo of Jemez, New Mexico; Pueblo of Laguna, New Mexico; Pueblo of Nambe, New Mexico; Pueblo of Picuris, New Mexico; Pueblo of Pojoaque, New Mexico; Pueblo of San Felipe, New Mexico; Pueblo of San Ildefonso, New Mexico; Pueblo of San Juan, New Mexico; Pueblo of Sandia, New Mexico; Pueblo of Santa Ana, New E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31520-31521]
From the Federal Register Online via the Government Printing 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]
BILLING CODE 4312-50-S