Table Talk

HRS Chapter 6E - 43 (b)

What happen when family dies and someone else Blocks access? What do you mean? that’s against the law? what law? ok. now this will take some time to understand.

NAGPRA - is a federal repatriation and protection law, but not a complete Hawaiian ancestral -land or burial access code.

Now…your really confusing! So NAGPRA gives rights to lineal descendants, Indian Tribes, and Native Hawaiian human remains, funerary objects, sacred objects, and objects of cultural patrimony held by federal agencies and federally funded museums. We got this part…and also governs discoveries on federal or tribal lands.

Now… if Federal law specifically defines a Native Hawaiian organization as an organization that serves and represents Native Hawaiian interests, has services to Native Hawaiians as a primary purpose…

What NAGPRA strongest concern is the “return and treatment of ancestors and cultural items.” When cultural affiliation is established, federal agencies or museums can be required to return remains and associated funerary objects upon a proper request.

National Park Service

Source Native American Graves Protection and Repatriation Act. April 29, 2024 - Since 1990, Federal law has provided for the protection and return of Native hawaiian remains

Therefore…Hawai’i has its own parallel state structure under HRS Chapter 6E for burials located in Hawaii. For example become familiarize with the Island Burial Councils, SHPD, lineal descendants, cultural descendants, preservation - in - place decisions, relocation decisions, and inadvertent discoveries come in.

Indian Affairs

Source Native American graves Protection Repatriation Act…How NAGPRA works. Consulting with lineal descendants, Indian Tribes, and Native Hawaii

Such as Hawaii law says known burial sites on state-controlled lands are held in trust for preservation or proper disposition by lineal or cultural descendants.

National Park Service

NAGPRA August 7, 2023 Office of Communications (U.S) Federal agencies and institutions must consult with lineal descendants.

Table Talk

What’s NAGPRA?

How doe it help our family?

1. Since 1990, Federal law provided for the protection and return of Native Hawaiian remains.

2. How does NAGPRA works? - Consulting with lineal descendants, Indian Tribes, and Native Hawaiian organizations and family members.

3. Office of Communications U.S. Federal agencies and intitutions must consult again with lineal descendants.

4. Familiarize yourself, does that mean study, yes! because this helps you take your time and understand one sentence at a time, one question at a time and one file… each file helps you protect your interest.

Table Talk

Why are we still dealing with some of the same questions?

Our kupuna were already writing about ancestral lands, burial places, access, stewardship and responsibility of descendants.

So when our kupunas passed the responsibility did not disappear either.

Kahu : Who in your family is the care taker to the burial grounds. From as far as we can remember the burials were done by family members. In 1835 church moved from Big Island to Oahu. From 1908-1972 the grounds were taken care of… then mommy stepped in 1972-2011…then sis stepped in 2011 - 2026. Grandma, Mother, Sister and now the children of sis is now taking care 2026. The role of Kahu, the families were part of the taking care part. Keeping track of the graves, placements, and families shares. its markers, some still with paper and plastic, some wooden marker and some updated with stone. Mommy kept records of the plots and where they are.