FR 2024-28491

In a recent notice published in the Federal Register, the Kikuchi Center at Kaua`i Community College has announced the completion of an inventory of human remains and a bone fish hook found in Maui, Hawaii. Pursuant to the Native American Graves Protection and Repatriation Act (NAGPRA), these remains have been culturally linked to Native Hawaiian organizations, signifying an important step towards returning them to their rightful communities.

Summary

The Kikuchi Center has identified the human remains as those of an individual of Native Hawaiian ancestry, associated with a single funerary object — a bone fish hook. This association is significant as it establishes cultural ties between the remains and Native Hawaiian organizations. Repatriation efforts are set to begin on January 6, 2025, providing a clear timeline for Hawaiian tribes and organizations to stake their claims. Jason Ford at the Kikuchi Center is the point of contact for repatriation requests, which must be submitted in writing.

Significant Issues

Several issues arise from this notice. Firstly, the consultation process determining the cultural affiliation is not elaborated upon, which may raise concerns about transparency. Stakeholders may question how decisions were reached and if relevant parties were adequately consulted. Secondly, the language used to describe how the "most appropriate requestor" will be determined in the case of competing claims is vague. This ambiguity could lead to misunderstandings or disappointment if involved parties feel the process is not adequately defined.

Moreover, potential claimants not initially identified in the notice must prove their affiliation through a "preponderance of the evidence," but the notice lacks detailed criteria or guidelines on this process. Finally, the notice does not specify how the Kikuchi Center ensures an unbiased process when determining the rightful recipients in case of multiple requests. This lack of detail leaves room for potential disputes or perceptions of inequality in decision-making.

Public Impact

The process outlined in this document impacts the public broadly by reiterating the importance of respecting and preserving Native Hawaiian culture and heritage. For Hawaii's population and indigenous communities, the return of ancestral remains signifies respect and recognition of their cultural and historical rights.

Stakeholder Impact

For Native Hawaiian organizations and tribes, this process provides a potential opportunity to reclaim culturally significant remains, facilitating healing and cultural preservation. However, the lack of detailed guidelines and transparency might pose challenges and uncertainties for these stakeholders. The process's potential complexity and vagueness could create hurdles in proving cultural affiliation and navigating competing claims.

In summary, while the notice marks a positive step towards honoring Native Hawaiian heritage, clarity, transparency, and detailed criteria in the repatriation process are necessary to ensure fair and satisfactory outcomes for all stakeholders involved.