Notice2023-26617
Notice of Intent To Repatriate Cultural Items: University of California, Berkeley, Berkeley, CA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 5, 2023
Issuing agencies
Interior DepartmentNational Park Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 232 (Tuesday, December 5, 2023)</title>
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[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Notices]
[Pages 84348-84349]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#86e8e7e1f6f4e7abf3e5e4c6e4e3f4ede3eae3ffa8e3e2f3"><span class="__cf_email__" data-cfemail="e7898680979586ca928485a78582958c828b829ec9828392">[email protected]</span></a>.
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:
<bullet> 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.
<bullet> 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]
BILLING CODE 4312-52-P
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