Transcript1 2005-03 Meeting 29
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1 NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REVIEW COMMITTEE MEETING MARCH 13, 14 & 15, 2005 HONOLULU, HA VOLUME I SUNDAY, MARCH 13, 2005 Lesa K. Hagel Consulting Rapid City, South Dakota (605) 342-3298 2 NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REVIEW COMMITTEE MEETING 1:00 p.m. Sunday, March 13, 2005 Keoni Auditorium Hawaii Imin International Conference Center Honolulu, HI COMMITTEE MEMBERS PRESENT: Ms. Rosita Worl, Chair Mr. Garrick Bailey Ms. Vera Metcalf Mr. Dan Monroe Mr. Vincas Steponaitis Lesa K. Hagel Consulting Rapid City, South Dakota (605) 342-3298 3 TABLE OF CONTENTS WELCOME – PRAYER/DANCE ................................ 5 CALL TO ORDER – CHAIR ................................. 5 COMMENTS BY DESIGNATED FEDERAL OFFICER ................ 6 PRESENTATION OF EVIDENCE REGARDING DISPUTE BETWEEN HUI MALAMA I NA KUPUNA O HAWAI’I NEI AND THE BISHOP MUSEUM REGARDING THREE UNASSOCIATED FUNERARY OBJECTS FROM MOLOKAI .............................................. 15 HUI MALAMA I NA KUPUNA O HAWAI’I NEI ................. 22 CHARLES KAULUWEHI MAXWELL ........................ 22 EDWARD HALEALOHA AYAU ............................ 23 POEMALEILANI PESCAIA ............................. 31 KEOKI PESCAIA .................................... 32 IKAIKA PUA’A ..................................... 34 IPOLANI MA’E ..................................... 36 EDWARD HALEALOHA AYAU ............................ 39 BISHOP MUSEUM ...................................... 39 WILLIAM BROWN .................................... 40 ISABELLA ABBOTT .................................. 45 CHARMAN AKINA .................................... 48 REVIEW COMMITTEE ................................... 50 BREAK ................................................ 70 PRESENTATION OF EVIDENCE REGARDING DISPUTE BETWEEN HUI MALAMA I NA KUPUNA O HAWAI’I NEI AND THE BISHOP MUSEUM REGARDING THE KALAINA WAWAE .......................... 70 HUI MALAMA I NA KUPUNA O HAWAI’I NEI ................. 71 EDWARD HALEALOHA AYAU ............................ 71 FILM PRESENTATION ................................ 74 MIKIALA AYAU-PESCAIA ............................. 81 EDWARD HALEALOHA AYAU ............................ 85 BISHOP MUSEUM ...................................... 87 WILLIAM BROWN .................................... 87 CHARMAN AKINA .................................... 92 ISABELLA ABBOTT .................................. 92 REVIEW COMMITTEE ................................... 93 BREAK ............................................... 108 Lesa K. Hagel Consulting Rapid City, South Dakota (605) 342-3298 4 PRESENTATION OF EVIDENCE REGARDING DISPUTE BETWEEN HUI MALAMA I NA KUPUNA O HAWAI’I NEI AND HAWAII VOLCANOES NATIONAL PARK REGARDING ITEMS FROM A CAVE AT KAWAIHAE108 HAWAII VOLCANOES NATIONAL PARK ..................... 108 CINDY ORLANDO ................................... 109 HUI MALAMA I NA KUPUNA O HAWAII NEI ................. 114 EDWARD HALEALOHA AYAU ........................... 114 TY KAWIKA TENGAN ................................ 119 KEHAUNANI ABAD .................................. 123 REVIEW COMMITTEE .................................. 130 MEETING RECESS ...................................... 160 Lesa K. Hagel Consulting Rapid City, South Dakota (605) 342-3298 5 1 WELCOME – PRAYER/DANCE 2 (A Native Hawaiian prayer was offered by Hale O 3 Na Ali’i O Hawai’i.) 4 ROSITA WORL: I would like to call the meeting of 5 the NAGPRA Review Committee meeting to order, and I 6 want to thank our hosts for that wonderful message 7 and song and prayer for us. And I understand that — 8 and I’m sure that you might also know that it is also 9 our duty to respond when we are coming into someone’s 10 country. And we’re very pleased to be here in this 11 beautiful country of the Hawaiians. And so if I may, 12 I would like to call upon one of our own sons of one 13 of our committee members, Mattox Metcalf and also 14 Debbie Dommek. And Mattox is from Savoonga, living 15 in Anchorage currently. And Debbie is from Kotzebue, 16 living in Anchorage currently. And if they might 17 welcome or give our expression of thanks. 18 MATTOX METCALF/DEBBIE DOMMEK: (Native Alaskan 19 prayer and dance.) 20 ROSITA WORL: (Native Alaskan language.) 21 CALL TO ORDER – Chair 22 ROSITA WORL: Well, I first of all want to thank 23 you all for attending this meeting. I know if you 24 were in Alaska, we wouldn’t expect to have so many 25 people here because when the sun shines in Alaska we Lesa K. Hagel Consulting Rapid City, South Dakota (605) 342-3298 6 1 don’t get people attending meetings, but I guess it’s 2 a different story here. But nevertheless, we’re 3 very, very happy to see the kind of response we’ve 4 had in your attendance. 5 So if I may now, I’d like to turn it over to 6 Dr. McKeown, who is the Designated Federal Official. 7 And just for the record, maybe Mr. — you could note 8 who is here. 9 COMMENTS BY DESIGNATED FEDERAL OFFICER 10 TIMOTHY MCKEOWN: Thank you, Madam Chair. I 11 would like to note that the Review Committee has five 12 members present. They include three members that 13 were appointed from nominations received from 14 national scientific organizations. That’s Dr. Vin 15 Steponaitis, Mr. Dan Monroe, and Dr. Garrick Bailey. 16 One member appointed — appointed from nominations 17 received from an Indian tribe or Native Hawaiian 18 organization. That’s Dr. Rosita Worl. And then the 19 seventh member that is appointed from nominations 20 received and concurred to by the first six members of 21 the committee, that’s Vera Metcalf. So the committee 22 has quorum at this time. 23 I’d like to open by thanking the Hawaiian people 24 for inviting us to participate in the meeting here 25 and to deal — request the assistance of the committee Lesa K. Hagel Consulting Rapid City, South Dakota (605) 342-3298 7 1 in resolving several disputes that have been put 2 before. There’s also some other information and 3 other matters that the Review Committee will need to 4 deal with. As part of Federal law, I would like to 5 say up front that this meeting was duly noticed in 6 the Federal Register as a public meeting, that 7 everyone is welcome to participate. However, it is a 8 business meeting of the committee. It is not a 9 public hearing, per se. So the committee has to do 10 various types of business, as anyone that has seen 11 the agenda has seen the schedule is very, very tight. 12 So the committee needs to keep on track with the time 13 in order to get through the business in an effective 14 fashion. 15 There’s one issue that I would like to bring up 16 front, actually first by reviewing the agenda, and 17 then one comment before I hand it over to the Chair. 18 You will see that there are three primary disputes 19 that are going to be heard today. The way the time 20 has been scheduled is that the primary disputing 21 parties will make presentations for each of these 22 three, then the other party will come forward and 23 make a presentation, and then the committee will have 24 an amount of time to ask questions related to that. 25 This is a fact-finding period of time for the Lesa K. Hagel Consulting Rapid City, South Dakota (605) 342-3298 8 1 committee. 2 This is mirrored by a period of time tomorrow 3 morning when other affected parties to the dispute 4 have been invited to come forward and address the 5 committee. And again, there will be time for the 6 committee to ask additional questions there, again as 7 part of a fact-finding exercise. In the afternoon 8 tomorrow, there is an issue that will be brought 9 before the committee again related to a dispute that 10 was heard a year or so ago in St. Paul, Minnesota. 11 And at the September meeting of the committee, there 12 was a decision to hold that initial finding in 13 abeyance and to reconsider that. And that will be 14 tomorrow afternoon. All of the disputing parties 15 have been invited, as well as all of the affected 16 parties. 17 All of the affected parties in all of these 18 disputes have received formal invitations to 19 participate. Some have contacted me before. I’ve 20 put those on the agenda here. Others may show up and 21 we’ll try to provide them with time as well. 22 There’s some other business that the committee 23 will be considering. There’s some information that’s 24 provided in your binders that was derived from a 25 hearing held by the Senate Indian Affairs Committee Lesa K. Hagel Consulting Rapid City, South Dakota (605) 342-3298 9 1 here in December of last year regarding the 2 definition of Native Hawaiian organization, as 3 defined in the statute, for your consideration. I’ve 4 asked Colin Kippen, formerly of the staff of the 5 Senate Indian Affairs Committee to be here tomorrow 6 to talk a little bit about establishing and setting 7 up that hearing and some of the results that came 8 from it. 9 On Tuesday, there’s some other business. 10 There’s a request from the Army regarding disposition 11 of culturally unidentifiable human remains from Utah. 12 There is a review that the Program Manager of the 13 National NAGPRA Program will make on the status of 14 various issues within the program. There is a report 15 to Congress that the committee needs to put forward, 16 and there’s a draft that was derived from suggestions 17 from the committee and some data that we provided for 18 your consideration. There’s discussion of the 19 seventh member of the committee that you will need to 20 deal with and discussion of where the next meeting 21 will be for the committee. 22 Then on Tuesday afternoon will be the time when 23 the committee can sit down and think about what kind 24 of recommendations and findings they wish to issue 25 regarding the various disputes and activities that Lesa K. Hagel Consulting Rapid City, South Dakota (605) 342-3298 10 1 have come before you at the meeting. Again, as I 2 emphasized, the hearing is — the timeframe is very, 3 very tight. And I think you all – anyone that is 4 chairing particular pieces needs to be very mindful 5 of the clock.