While the decision could mean that Hui Malama must now cooperate with authorities in bringing the artifacts back to the museum, an attorney for the group indicated it is not prepared to do so.

The museum lent the items to Hui Malama in 2000, but the group has since refused to return them, saying they belong in their original resting place and returning them would again desecrate the burial site.

Known as the Forbes Caves Collection, the items were taken from the Big Island's Kawaihae Caves in 1905 and turned over to the Bishop Museum. Hui Malama and its supporters say the items were looted from the cave then, and, to seek the artifacts' removal again would go against the group's "cultural and religious beliefs."

After a one-day hearing last week, the San Francisco-based 9th Circuit Court of Appeals today issued a four-page decision stating it found no abuse of discretion by U.S. District Judge David Ezra as had been argued by Hui Malama attorneys.

Ezra, in September, directed Hui Malama to return the artifacts within 16 days. He said then that the members of Hui Malama are not required to participate in the removal, but Hui Malama "bears the burden of either returning the moepu to the Bishop Museum itself, or by causing them to be returned to the museum through other means procured by Hui Malama." The judge also said he will ask that federal officials be present to monitor the removal.

Hui Malama's appeal of that decision delayed the countdown imposed by Ezra.

Sherry Broder, who represents Na Lei Alii Kawananakoa and the Royal Hawaiian Academy of Traditional Arts —the two groups who filed the lawsuit seeking the return of the artifacts — said her clients were pleased with the quick decision by the San Francisco-based 9th Circuit Court of Appeals.

"We're glad to see that the Ninth Circuit agreed with (Honolulu-based U.S. District Judge David Ezra) that a loan is a loan," Broder said. "We're committed to the task at hand which is to go retrieve the artifacts and bring them back."

Broder said she now expects the countdown to begin again. "This is a court order and they need to comply."

Alan Murakami, an attorney for Hui Malama, said he will ask Honolulu-based U.S. District Judge David Ezra for relief from the order. Asked if Hui Malama officials were ready to cooperate with the court or other authorities if not granted that request, Murakami said he had no comment.

Murakami said that besides the religious concerns raised, the court needs to consider the safety issues involved with entering the Big Island cave where the artifacts are now housed.