FR Doc 03-27522
[Federal Register: November 3, 2003 (Volume 68, Number 212)]
[Page 62319-62320]
From the Federal Register Online via GPO Access []



National Park Service

Notice of Intent to Repatriate Cultural Items from Molokai, HI in 
the Possession of the Bernice Pauahi Bishop Museum, Honolulu, HI; 

AGENCY: National Park Service, Interior.

ACTION: Notice; correction.


    Notice is here given in accordance with the Native American Graves 
Protection and Repatriation Act (NAGPRA), 43 CFR 10.8 (f), that, upon 
publication of this notice in the Federal Register, the Bernice Pauahi 
Bishop Museum, Honolulu, HI, rescinds the notice of intent to 
repatriate published in the Federal Register of April 9, 1999 (FR Doc. 
99-8888, page 17410) because the museum has determined that the Kalaina 
Wawae is not cultural patrimony as defined at 25 U.S.C. 3001 (3)(D).
    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 within this notice are the sole responsibility of 
the museum, institution, or Federal agency that has control of the 
cultural items. The National Park Service is not responsible for the 
determinations within this notice.
    The Kalaina Wawae is three sections of sandstone containing 
petroglyphs, from an area of Molokai, HI, called Mo'omomi. Kalaina 
Wawae (feet of Kalaina) is known for its oblong depressions said to 
represent human footprints.
    The April 9, 1999, notice identified the Kalaina Wawae as cultural 
patrimony as defined at 25 U.S.C. 3001 (3)(D). After further 
consideration of the Kalaina Wawae, its history, and the conditions 
under which the Bishop Museum acquired the Kalaina Wawae, museum 
officials have determined that the Kalaina Wawae was privately owned at 
the time that the Kalaina Wawae was gifted to the museum, and that the 
Kalaina Wawae was legally conveyed to the museum. After additional 
consultation since April 9, 1999, with representatives of Hui Malama O 
Mo'omomi and Hui Malama I Na Kupuna O Hawaii Nei, museum officials

[[Page 62320]]

have determined that the Kalaina Wawae is of great cultural 
significance but is not cultural patrimony as defined at 25 U.S.C. 3001 
    Bernice Pauahi Bishop (1831-1884) was the great-granddaughter of 
Kamehameha the Great and had the authority to alienate or convey to her 
estate personal property such as the Kalaina Wawae.
    In 1897 Molokai Ranch purchased land at Mo'omomi, Molokai, HI, from 
the estate of Bernice Pauahi Bishop which included the Kalaina Wawae. 
In 1909 Molokai Ranch gave the Kalaina Wawae to the Bishop Museum, and 
J.F.G. Stokes and museum staff carved out and collected the Kalaina 
Wawae with the permission of the Molokai Ranch manager, George P. 
Cooke. In 1909 the museum accessioned the Kalaina Wawae (numbers 9935, 
9936, and 9937) into its collections.
    The Bishop Museum does not intend to repatriate the Kalaina Wawae 
to the Native Hawaiian organizations that previously presented claims, 
and rescinds the museum's April 9, 1999, notice. In March 2003 the 
museum installed the Kalaina Wawae at Mo'omomi, Molokai, HI, to be 
cared for and used for educational and cultural purposes by the Native 
Hawaiian community.
    Representatives of any Native Hawaiian organization who wish to 
comment on this notice should address their comments to Dr. Guy 
Kaulukukui, Vice President of Cultural Studies, Bishop Museum, 1525 
Bernice Street, Honolulu, HI 96718-2704, telephone (808) 848-4126.
    The Bishop Museum is responsible for notifying Hui Malama I Na 
Kupuna O Hawai'i Nei, the Office of Hawaiian Affairs, Moloka'i Museum 
and Culture Center, Lili'uokalani Trust, Alapa'i Hanapi, Lawrence Aki, 
Walter Ritte, and Hui Malama O Mo'omomi that this notice has been 

    Dated: August 20, 2003.
John Robbins,
Assistant Director, Cultural Resources.
[FR Doc. 03-27522 Filed 10-31-03; 8:45 am]

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