FR 2025-04365

The document in question is a federal notice concerning the planned repatriation of Native Hawaiian human remains discovered on a U.S. Marine Corps Base in Hawaii. This action is conducted under the guidance of the Native American Graves Protection and Repatriation Act (NAGPRA). The intended recipients are Native Hawaiian organizations, tribes, or lineal descendants that are deemed to have a rightful claim to these remains. The final date for filing such claims is set for March 18, 2026.

General Summary

The notice outlines the U.S. Marine Corps' intention to repatriate human remains found at the Marine Corps Training Area Bellows in Honolulu County, Hawaii. These remains, likely of Native Hawaiian origin, were discovered on federal land, triggering the legal processes stipulated by NAGPRA. The document identifies several organizations and families that have priority for claiming these remains, and it sets forth guidelines for other potential claimants not explicitly mentioned in the notice.

Significant Issues or Concerns

The document raises several significant issues:

1. Criteria for Resolution of Competing Claims: The notice mentions that in the event of competing claims for the remains, the Marine Corps Base Hawaii (MCBH) must determine the most appropriate claimant. However, it does not specify the criteria or process that will be used for this decision, potentially leading to opacity and disputes.

2. Evidence Requirement for Unlisted Native Groups: For Native Hawaiian organizations or lineal descendants not specifically listed in the notice, the requirement to show a "preponderance of the evidence" to establish their priority is not elaborated upon. This lack of clarity can be a barrier for those not thoroughly versed in legal or anthropological terms.

3. Handling of Joint Disposition Requests: The notice briefly states that requests for joint disposition will be handled as a single request, but lacks detailed explanation. This brevity may lead to misunderstandings among claimants about the process and implications of joint requests.

4. Cultural and Linguistic Complexity: The document uses Hawaiian names and terms that may not be familiar to all readers. While these terms are culturally important, additional context could help those unfamiliar with Hawaiian language and customs to better understand the document.

Public Impact

Broadly, this document represents an ongoing effort to address past injustices related to the handling of Native American and Native Hawaiian human remains. By outlining the process for repatriation, the document helps to uphold Native Hawaiian cultural rights and supports the integrity of cultural heritage. However, due to its technical nature and the complex criteria for claims, it may be difficult for the general public to fully grasp the implications without further explanation or legal expertise.

Impact on Specific Stakeholders

For Native Hawaiian organizations and families, this notice is a vital step in the process of reclaiming ancestral remains, which is significant for cultural restoration and reconciliation. It may positively impact these groups by facilitating the return of remains and strengthening cultural ties.

However, stringent evidentiary requirements and the lack of detailed guidance in certain areas may pose challenges. Stakeholders might face obstacles in claim submission and might require legal assistance to navigate the process effectively. The absence of clear criteria for resolving competing claims could lead to disputes or dissatisfaction among stakeholders if not addressed transparently.

In summary, while the document represents progress in cultural repatriation efforts, it would benefit from additional clarity and context to ensure that all interested parties are fully informed and equipped to engage with the process.