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, 31514-31515 [05-10816]
Download as PDF
<![CDATA[
31514
Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Notices
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
VerDate jul<14>2003
16:22 May 30, 2005
Jkt 205001
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]
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
the Bishop Museum
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 the Bishop Museum.
The dispute focused on whether three
items from the Island of Moloka’i in the
possession of the Bishop Museum are
subject to repatriation under provisions
of the Native American Graves
Protection and Repatriation Act. The
Review Committee recommended that
the Bishop Museum proceed toward
repatriation of the three objects to the
appropriate claimants.
On May 2,
2003, the Bishop Museum published a
Notice of Intent to Repatriate in the
Federal Register. The notice identified
a small wooden image carved into
human form and a cowrie shell as
unassociated funerary objects culturally
affiliated with the Moloka’i Burial
Council, Hui Malama I Na Kupuna O
Hawai’i Nei, and the Office of Hawaiian
Affairs.
On August 29, 2003, Hui Malama I Na
Kupuna O Hawai’i Nei filed a claim
with the Bishop Museum to repatriate
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
the small wooden image and cowrie
shell.
On October 21, 2003, Hui Malama I
Na Kupuna O Hawai’i Nei asked the
Bishop Museum to explain why a rock
oyster shell pendant that had also been
previously listed as an unassociated
funerary object on the museum’s
Moloka’i inventory had not been
included in the May 2, 2003 notice.
On November 8, 2004, Hui Malama I
Na Kupuna O Hawai’i Nei requested the
assistance of the Review Committee in
resolving its dispute with the Bishop
Museum. The request also included an
allegation that the Bishop Museum
failed to comply with the repatriation
provisions of the Act.
On December 17, 2004, the Review
Committee’s designated Federal officer
acknowledged receipt of the November
8, 2004, request and identified questions
as to whether the rock oyster shell
pendant was an unassociated funerary
object or whether the museum had right
of possession to the three items as issues
of fact with which the Review
Committee might wish to assist in
resolving. The same day, the allegation
of failure to comply was referred to the
Director, National Park Service for
investigation.
On February 2, 2005, the Bishop
Museum notified the Review Committee
that the museum intended to publish a
Notice of Intent to Repatriate identifying
the rock oyster pendant as an
unassociated funerary object. The
museum also notified the Review
Committee that it did not intend to
assert right of possession to either the
cowrie shell or the rock oyster pendant.
The museum did assert a right of
possession to the carved wooden figure.
On February 18, 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
sent letters to two claimants inviting
them to provide information to the
Review Committee: Royal Hawaiian
Academy of Traditional Arts and Na Lei
Ali’i Kawananakoa.
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, Office of Hawaiian
Affairs, Royal Hawaiian Academy of
Traditional Arts, and Na Lei Ali’i
Kawananakoa and made the following
findings:
E:\FR\FM\01JNN1.SGM
01JNN1
Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Notices
1. The identification of the carved
wooden image, cowrie shell, and rock
oyster pendant as unassociated funerary
objects is not in dispute.
2. The Bishop Museum has asserted it
has right of possession to the carved
wooden figure.
3. A claim of right of possession to an
unassociated funerary object requires a
museum or Federal agency to provide
evidence that the unassociated funerary
object was acquired with the voluntary
consent of an individual, Indian tribe, or
Native Hawaiian organization with
authority to alienate the cultural item
[25 U.S.C. 3001 (13)].
4. Hui Malama I Na Kupuna O
Hawai’i Nei presented evidence to
support a finding that the Bishop
Museum does not have right of
possession to the carved wooden figure.
5. The Bishop Museum failed to
overcome the inference that it does not
have right of possession to the carved
wooden figure.
6. There are multiple claims for the
three cultural items.
7. A museum or Federal agency must
repatriate cultural items within 90 days
of receipt of a written request for
repatriation that satisfies the
requirements of 43 CFR 10.10 (a)(1),
except where the exemptions of 43 CFR
10.10 (a)(3) and 10.10 (c) apply.
However, there is nothing in the statute
or regulations that state that the
repatriation is automatic at the end of
the 90 days.
The Review Committee recommends
that:
1. The Bishop Museum proceed
toward repatriation by continuing its
process of consultation to determine the
appropriate claimant(s) for the three
unassociated funerary objects; and
2. When repatriation takes place, the
transaction is documented in a fashion
consistent with Hawaiian state law.
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.
Date: May 20, 2005
Rosita Worl,
Chair,
Native American Graves Protection and
Repatriation Review Committee.
[FR Doc. 05–10816 Filed 5–31–05; 8:45 am]
BILLING CODE 4312–50–S
VerDate jul<14>2003
16:22 May 30, 2005
Jkt 205001
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Inventory Completion:
California Department of Parks and
Recreation, Sacramento, CA
National Park Service, Interior.
Notice.
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 possession and control of the
California Department of Parks and
Recreation, Sacramento, CA. The human
remains and associated funerary objects
were removed from Kern, Kings, and
Tulare Counties, CA.
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 and
associated funerary objects. The
National Park Service is not responsible
for the determinations in this notice.
A detailed assessment of the human
remains was made by California
Department of Parks and Recreation’s
professional staff in consultation with
representatives of the Picayune
Rancheria of the Chukchansi Indians of
California; Santa Rosa Indian
Community of the Santa Rosa
Rancheria, California (also known as the
Tachi Yokut Tribe); Table Mountain
Rancheria of California; and Tule River
Indian Tribe of the Tule River
Reservation, California.
At an unknown date, highly
fragmented human remains representing
a minimum of three individuals were
removed from an unknown locality
(most likely close to CA-KIN–32, also
known as the Witt site) on the
southwest shore of former Tulare Lake,
12 miles southeast of Kettleman City,
Kings County, CA. The remains were
collected by Leonard ‘‘Red’’ Van Den
Enden, a private citizen, of Corcoran,
CA. After Mr. Van Den Enden’s death,
his heirs donated the human remains to
the California Department of Parks and
Recreation in 1982. No known
individuals were identified. No
associated funerary objects are present.
While the human remains have no
exact provenance, two human cranial
fragments date to 15,696 years B.P. (+/
-370 years) and 11,379 B.P. (+/-71
years). This is consistent with dates
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
31515
generated from CA-KIN–32/Witt site.
The California Department of Parks and
Recreation Committee on Repatriation
determined that site CA-KIN–32 cannot
be clearly identified as Southern Valley
Yokuts due to its antiquity. However, it
determined that the prehistoric
occupation of the same site by direct
ancestors of the historic Southern Valley
Yokuts (Tachi, Wowol, and Chunut
Yokuts Tribes) was sufficient to
culturally affiliate this site with the
groups that are the present-day
descendants of the Southern Valley
Yokuts. Present-day descendants of the
Southern Valley Yokuts are the
Picayune Rancheria of the Chukchansi
Indians of California; Santa Rosa Indian
Community of the Santa Rosa
Rancheria, California (also known as the
Tachi Yokut Tribe); Table Mountain
Rancheria of California; and Tule River
Indian Tribe of the Tule River
Reservation, California.
In 1927 and 1928, human remains
representing a minimum of 14
individuals were removed from CATUL–16 (also known as the Broder
Mound, Broder Place, Broeder Ranch,
Broeder Area B, Old Broder, GWH 132,
and J–90), 5 miles east of Visalia and 2
miles south of the Kaweah River, in
Tulare County, CA. The remains and
associated funerary items were collected
by Frank F. Latta on weekends in the
course of site leveling of the Broder
Mound during agricultural activity. Mr.
Latta donated the items to the California
Department of Parks and Recreation on
July 24, 1988. No known individuals
were identified. The 89 funerary objects
are 32 beads, 16 food remains, 11 soil
samples, 6 ornaments, 5 flakes, 3
projectile points, 2 plant remains, 2
incised bones, 1 quartz crystal, 1 piece
of ochre, 1 lithic, 1 piece of slag, 1
scraper, 1 fire stone, 1 hammerstone, 1
charcoal sample, 1 clay sherd, 1 metal
knife, 1 button, and 1 ceramic sherd.
The ages of the burials are not directly
known, but may be of considerable
antiquity (4000–2000 B.C.). According
to Mr. Latta’s field notes, some of the
burials came from a depth of 11 feet,
indicating considerable age. Most of the
associated funerary objects are
consistent with an Early Period of
occupation. While some associated
funerary objects date to the historic Late
Period, this can be explained by the
salvage nature of the excavation. The
California Department of Parks and
Recreation Committee on Repatriation
determined that site CA-TUL–16 cannot
be clearly identified as Southern Valley
Yokuts, due to its antiquity. However,
oral history and tradition among the
contemporary Yokuts tribes confirm that
this site was and still is sacred to the
E:\FR\FM\01JNN1.SGM
01JNN1
]]>Agencies
[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31514-31515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10816]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 whether
three items from the Island of Moloka'i in the possession of the Bishop
Museum are subject to repatriation under provisions of the Native
American Graves Protection and Repatriation Act. The Review Committee
recommended that the Bishop Museum proceed toward repatriation of the
three objects to the appropriate claimants.
SUPPLEMENTARY INFORMATION: On May 2, 2003, the Bishop Museum published
a Notice of Intent to Repatriate in the Federal Register. The notice
identified a small wooden image carved into human form and a cowrie
shell as unassociated funerary objects culturally affiliated with the
Moloka'i Burial Council, Hui Malama I Na Kupuna O Hawai'i Nei, and the
Office of Hawaiian Affairs.
On August 29, 2003, Hui Malama I Na Kupuna O Hawai'i Nei filed a
claim with the Bishop Museum to repatriate the small wooden image and
cowrie shell.
On October 21, 2003, Hui Malama I Na Kupuna O Hawai'i Nei asked the
Bishop Museum to explain why a rock oyster shell pendant that had also
been previously listed as an unassociated funerary object on the
museum's Moloka'i inventory had not been included in the May 2, 2003
notice.
On November 8, 2004, Hui Malama I Na Kupuna O Hawai'i Nei requested
the assistance of the Review Committee in resolving its dispute with
the Bishop Museum. The request also included an allegation that the
Bishop Museum failed to comply with the repatriation provisions of the
Act.
On December 17, 2004, the Review Committee's designated Federal
officer acknowledged receipt of the November 8, 2004, request and
identified questions as to whether the rock oyster shell pendant was an
unassociated funerary object or whether the museum had right of
possession to the three items as issues of fact with which the Review
Committee might wish to assist in resolving. The same day, the
allegation of failure to comply was referred to the Director, National
Park Service for investigation.
On February 2, 2005, the Bishop Museum notified the Review
Committee that the museum intended to publish a Notice of Intent to
Repatriate identifying the rock oyster pendant as an unassociated
funerary object. The museum also notified the Review Committee that it
did not intend to assert right of possession to either the cowrie shell
or the rock oyster pendant. The museum did assert a right of possession
to the carved wooden figure.
On February 18, 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
sent letters to two claimants inviting them to provide information to
the Review Committee: Royal Hawaiian Academy of Traditional Arts and Na
Lei Ali'i Kawananakoa.
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, Office of Hawaiian Affairs, Royal Hawaiian Academy
of Traditional Arts, and Na Lei Ali'i Kawananakoa and made the
following findings:
[[Page 31515]]
1. The identification of the carved wooden image, cowrie shell, and
rock oyster pendant as unassociated funerary objects is not in dispute.
2. The Bishop Museum has asserted it has right of possession to the
carved wooden figure.
3. A claim of right of possession to an unassociated funerary
object requires a museum or Federal agency to provide evidence that the
unassociated funerary object was acquired with the voluntary consent of
an individual, Indian tribe, or Native Hawaiian organization with
authority to alienate the cultural item [25 U.S.C. 3001 (13)].
4. Hui Malama I Na Kupuna O Hawai'i Nei presented evidence to
support a finding that the Bishop Museum does not have right of
possession to the carved wooden figure.
5. The Bishop Museum failed to overcome the inference that it does
not have right of possession to the carved wooden figure.
6. There are multiple claims for the three cultural items.
7. A museum or Federal agency must repatriate cultural items within
90 days of receipt of a written request for repatriation that satisfies
the requirements of 43 CFR 10.10 (a)(1), except where the exemptions of
43 CFR 10.10 (a)(3) and 10.10 (c) apply. However, there is nothing in
the statute or regulations that state that the repatriation is
automatic at the end of the 90 days.
The Review Committee recommends that:
1. The Bishop Museum proceed toward repatriation by continuing its
process of consultation to determine the appropriate claimant(s) for
the three unassociated funerary objects; and
2. When repatriation takes place, the transaction is documented in
a fashion consistent with Hawaiian state law.
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.
Date: May 20, 2005
Rosita Worl,
Chair,
Native American Graves Protection and Repatriation Review
Committee.
[FR Doc. 05-10816 Filed 5-31-05; 8:45 am]
BILLING CODE 4312-50-S
