NAGPRA’s Duty of Care

Contributed by Marla Taylor

 Revised regulations for the Native American Grave Protection and Repatriation Act (NAGPRA) went into effect January 2024. NAGPRA was passed in 1990 and requires museums to repatriate Native American ancestral remains, funerary belongings, sacred items and items of cultural patrimony back to Tribal communities. The Peabody has shared how we think about the law and the associated labor (emotionally and intellectually) in past blog posts.

The revised regulations streamline the requirements and process for repatriation, require updates from museums, eliminate the category of “culturally unidentifiable human remains,” and establishes a Duty of Care for museums holding materials subject to repatriation. It is that last change that is having the biggest ripple effect throughout the museum world.

The Duty of Care clause of the regulations (43 CFR 10.1(d)) state that a museum must [highlights are mine for emphasis]:

  • Consult with lineal descendants, Indian Tribes, or Native Hawaiian organizations on the appropriate storage, treatment, or handling of human remains or cultural items;
  • Make a reasonable and good-faith effort to incorporate and accommodate the Native American traditional knowledge of lineal descendants, Indian Tribes, or Native Hawaiian organizations in the storage, treatment, or handling of human remains or cultural items; and
  • Obtain free, prior, and informed consent from lineal descendants, Indian Tribes, or Native Hawaiian organizations prior to allowing any exhibition of, access to, or research on human remains or cultural items. Research includes, but is not limited to, any study, analysis, examination, or other means of acquiring or preserving information about human remains or cultural items. Research of any kind on human remains or cultural items is not required by the Act or these regulations.

These words are incredibly powerful and are resonating, with mixed reaction, across the museum field. Many news outlets have covered the reaction of several large museums to these regulations:

While covering exhibitions can feel drastic and extreme, I would argue that it is a direct result of insufficient consultation efforts and a false dichotomy between NAGPRA and non-NAGPRA collections. Because museums only need consent to display materials subject to NAGPRA (ancestral remains, funerary belongings, sacred items, or items of cultural patrimony), covering displays is an acknowledgement that those institutions have not done their due diligence to identify items subject to the law in their collections. They thought they understood what was covered by NAGPRA and utilized the rest of the collection to suit their own goals. This approach has fed into the underlying tension between Tribes and museums for decades.

I strongly recommend this podcast from Today Explained for an introduction to the topic and an honest conversation: Fight at the Museum (2/22/2024)

On the flip side, several museums have been doing this work for years. Places like the Museum of Us in San Diego and the Indian Arts Research Center (IARC) in Santa Fe have established policies deferring to Tribal preferences in stewardship and exhibition decisions. There are new industry standards for museums seeking accreditation. And I am helping to create a Guide for museum practitioners to center Indigenous perspectives when establishing collections care.

What does all of this mean for the Peabody Institute? Honestly, not much will change.

About six years ago, Peabody staff decided to remove all exhibitions from display. We recognized that our staff (all non-Native) were not the right people to determine what stories could be told through the collection. We understood that Native voices were essential to the process and that it would be irresponsible to move forward with exhibitions that lacked those voices.

The Peabody also has an established research policy that requires consultation and support before access is provided to any portion of the collection. This approach actually goes beyond the Duty of Care clause within NAGPRA and applies to all areas of the collection. In the nearly three years we have had this policy, I have not seen a meaningful decrease in research activity.

In my opinion, these changes are long overdue and I am happy to see a tangible shift in the power dynamics back to Tribes around their cultural material. I am proud of the work that that Peabody Institute has done and I am confident that we will continue to move in a positive direction.

Building Update – Phase I Nearly Complete!

Contributed by Marla Taylor

As 2023 comes to a close, so does Phase I of the Peabody building project. I am so excited and ready to get into our updated spaces and return to “normal” operations!

The elevator is in, the basement fire-suppression is in, the HVAC is in and the environmental controls have been adjusted, and the new shelving is nearly complete. It has been many months in the making and we are almost there!

At this point, Peabody staff are cleaning collections spaces and beginning to move boxes back into the updated areas. This has been quite the logistical task as we need to coordinate with contractors in the space and ensure the appropriate security and care for the collection. So far, so good.

Hopefully, we will be back in the building and ready to welcome classes, researchers, and inquiries again in the spring of 2024. Thank you to everyone who supported this project with time or finances – we could not have done it without you.

I am looking forward (sort of) to Phase II!

This project will rely on philanthropic support from our donor community. To help advance this critical renovation, please contact Nicole Cherubini, director of development, at 978-749-4288 or ncherubini@andover.edu.

Creating an Indigenous Collections Care Guide

Contributed by Marla Taylor

Nearly three years ago, I co-founded the Indigenous Collections Care (ICC) Working Group along with Laura Bryant, Anthropology Collections Steward and NAGPRA Coordinator for the Gilcrease Museum in Tulsa, OK. Along with Laura Elliff Cruz, Head of Collections at the Indian Arts Research Center (IARC) in Santa Fe, NM and other group members, the ICC has been working to create an accessible reference tool for professionals who interact regularly with Native American collections.

The ICC grew out of our desire to incorporate the collections care requests of Indigenous communities into our institutional practice and policy. The working group was formed in late 2020 and is composed of approximately 20 people (both Indigenous and non-Indigenous museum professionals and academics, Tribal Historic Preservation Officers, and NAGPRA coordinators) who actively participate in monthly meetings on the creation of an Indigenous Collections Care Guide.

The ICC Guide will not instruct museums on how to specifically care for each item, since protocols vary among communities, but will offer scalable considerations of culturally appropriate collections stewardship, with questions and talking points to address during consultation, and with templates and case studies for use in implementation, advocacy, and the creation of policies and procedures.

In order to facilitate robust review of the ICC Guide by tribal communities, the ICC partnered with an incredible institution, the School for Advanced Research (SAR) in Santa Fe, NM.

I am excited to share that SAR received an IMLS National Leadership Grants for Museums of $175,587 for the IARC’s creation of the Indigenous Collections Care Guide. to support the museum field with an accessible reference tool for museum professionals who interact regularly with Native American collections. The guide will provide museums with a framework to recenter collections stewardship practices around the needs and knowledge of Indigenous community members. At the conclusion of the project, 175 tribal community representatives and museum professionals will have had a voice in the development of the guide, which will be made freely available for tribal community representatives and museums of all sizes. The IMLS reported receiving forty-eight applications for this opportunity, and SAR was one of nineteen projects to receive funding.

You can see the announcement and learn more about the project here.

What does this mean for the Peabody Institute? Well, first it means that I will be super busy for the next few years! It also means that the Peabody Institute is continuing our leadership role in the broader museum and archaeological conversations around ethical collections stewardship and relationships with tribal communities.

I will keep you posted as work continues over the next few years!

School for Advanced Research

The School for Advanced Research (SAR), a 501(c)(3) nonprofit educational institution, was established in 1907 to advance innovative social science and Native American art. Its sixteen-acre residential campus sits on the ancestral lands of the Tewa people in O’gah’poh geh Owingeh, or Santa Fe, New Mexico. Visit sarweb.org

Institute of Museum and Library Services

The mission of IMLS is to advance, support, and empower America’s museums, libraries, and related organizations through grantmaking, research, and policy development.

The agency carries out its charge as it adapts to meet the changing needs of our nation’s museums and libraries and their communities. IMLS’s mission is essential to helping these institutions navigate change and continue to improve their services. Visit imls.gov

Building Update!

Contributed by Marla Taylor

The Peabody is currently in the pre-construction phase of a much-needed building update!  This is Phase 1 of a two-phase project.

The project has three main goals:

  • Replace the current basement shelving (that was constructed in the very early 1900s) with modern mobile shelving
  • Provide HVAC and sprinklers for the collections areas
  • Install an elevator and meet other code compliance issues

The Peabody staff have been working diligently to ensure the safety of all the collections during this work.  We have coordinated with the construction company, security vendors, tribal partners, and our Phillips Academy project manager to make the project a success.  There is still a lot to do – and construction hasn’t even started yet!

Here are some photos of the work as it has been happening:

This project will rely on philanthropic support from our donor community. To help advance this critical renovation, please contact Beth Parsons, director for museums and educational outreach, at 978-749-4523 or bparsons@andover.edu.

Conference Season

Contributed by Marla Taylor

October/November is conference season!  I was an active participant in multiple conferences over the past couple months and really enjoyed connecting with colleagues after the worst of COVID.

First, I attended the Association on American Indian Affairs (AAIA) 8th Annual Repatriation Conference in New Buffalo, Michigan.  The conference “brings together Native Nations, museums, artists, spiritual leaders, academics, lawyers, federal and state agencies, international institutions, collectors and others to work together to reactivate relationships with the past to create a world where diverse Native cultures and values are lived, protected and respected.”

It was a fantastic experience.  The Repatriation Conference is a space where I greeted so many colleagues with hugs and made new and important connections.  The speakers shared meaningful perspectives and insights and I am proud to be a part of that community.  Oh, and the sunrise ceremony by the host Pokagon Band of Potawatomi was an invigorating way to start the day!

The second conference (only one week later!) was the 2022 International Conference of Indigenous Archives, Libraries, and Museums hosted by the Association of Tribal Archives, Libraries, and Museums (ATALM) in Temecula, California.  I love ATALM as an experience.  I learn so much from those sessions and surrounding myself with innovate professionals, both Indigenous and non-Indigenous, who work so hard to prioritize Indigenous voices and perspectives.  A couple of shout-outs to my favorite presentations – Traditional plant-based methods for pest control and Your Neighborhood Museum.

At both the Repatriation Conference and ATALM, I was a presenter and shared the work that colleagues and I have done to create the Indigenous Collections Care (ICC) Working Group and Guide.  The ICC is a group of both Indigenous and non-Indigenous museum professionals and academics, Tribal Historic Preservation Officers, collections staff, and NAGPRA coordinators who are working to create a Guide as a reference tool for people who interact regularly with Native American collections.  The Guide will offer scalable considerations and templates for implementation, advocacy, and creation of policies and procedures for all areas of collections stewardship.  This project has been a major focus of mine over the past couple years and I am proud to share our work with the broader community.

The third and final conference in my marathon was the New England Museum Association 2022 Annual Conference.  Now, I was admittedly a little exhausted after traveling from New Hampshire to Michigan to New Hampshire to California and back home to New Hampshire so I only attended NEMA for a day to be a speaker.  This session was slightly different and focused on demystifying decolonization/Indigenizing museum collections stewardship.  I was joined by colleagues from the Boston Children’s Museum and The Trustees of the Reservation for this conversation.  We received positive feedback from everyone and I hope it inspired someone to take a step forward in this work.

While I really did love the opportunity to connect with other professionals, I am happy to be done with conferences for the year!  And I have to admit, I am already planning my schedule for 2023…

Drawing Together: Comics and the Return of Museum Collections to White Earth Nation

Contributed by Marla Taylor

If you don’t know about the NAGPRA Comics yet, you really should take the time to check them out.

NAGPRA Comics is a community- based, collaboratively produced comic series that tells true stories about repatriation from tribal perspectives. They work with Native American communities to share their experiences with the law, from their point of view. This is an  applied/educational comic series, so it also explains what the law is and how it works. [excerpt from napgracomics.weebly.com]

These comics are amazing teaching tools to introduce students, and members of the public, to the issues surrounding NAGPRA and repatriation. The comics focus on the perspectives of the tribal communities, highlighting their thoughts and experiences. I really love them and regularly recommend them to anyone interested in learning about NAGPRA – so go check it out!

The NAGPRA Comics team is working on several more issues and the Peabody Institute is proud to be a contributor to one upcoming issue.

In 2017, the Peabody Institute repatriated a birch bark scroll and other items of cultural patrimony back to the White Earth Nation of Minnesota. Those items left the reservation in 1909 with Warren K. Moorehead. Moorehead went to White Earth in his capacity as a member of the Board of Indian Commissioners, charged with investigating non-Natives’ rampant land and resource theft and the consequences of disposition, disease, and hunger. Investigations by the Minnesota attorney general and Congress, using the testimony that Moorehead and his team collected, led to the restoration of some lands and resources.

The story in the upcoming comic is complex and rich. We are honored to be a small part of this meaningful project.

Jen Shannon, Program Manager and Curator at the National Museum of the American Indian and member of the NAGPRA Comics team, wrote a fantastic blog for the Ohio History Connection exploring the story and how it will be told in the comic. Her blog includes a glimpse of some draft pages. Take a look for yourself!

You can learn more about our work with White Earth Nation here and here.

Sample draft page of NAGPRA Comics. Courtesy of artist John Swogger.

An Archaeologist and a Museum Professional walk into a basement…

Contributed by David Spidaliere and Jessica Dow

Hello! We are the new temporary collections project assistants for the Peabody’s upcoming collections move. Our combined knowledge of archaeology and museum studies helps us assess the needs of the collection and to find efficient ways to track the collections. Here’s a little about each of us:

My name is David Spidaliere. I am currently pursuing my master’s in Historical Archaeology at UMass Boston, finishing up my thesis on trade in Plimoth Colony. I was drawn to this role at Robert S. Peabody because my background is in seventeenth and eighteenth century New England archaeology and history, but I have very little knowledge of Indigenous archeology. This position has afforded me the opportunity to work with Native materials and to learn more about the importance of repatriation legislation.

My name is Jessica Dow, I recently completed my Masters in Museum Studies at Harvard’s Extension School, with a focus on collections management, Indigenization and public service. I currently work in the Visitor Services Department of the Harvard Art Museums, and I was drawn to this role because it offered me a chance to learn more about Archaeology and the care and planning that goes into Archaeological collections management. I’m passionate about ethical stewardship and repatriation, and Marla has been a fantastic resource as I continue to learn more about this field!

Dave and Jess hard at work

We were brought on to help the Peabody create a system by which they could track collections as they move throughout the building. This type of system is crucial for day-to-day movement of collections for research and teaching purposes, as well as for larger projects that require the collections to be moved, such as construction or pest and mold remediation. Our work is concerned with the types of data that determine risk factors such as vibration, and factors that dictate how objects are stored, such as size, weight, and cultural sensitivity.

To track this data, we are using software that was designed for retail use and allows us to barcode boxes and items and assign information to each barcode using iPads. We can then review all of that data on a desktop computer in order to help Peabody staff assess collections needs on a larger scale.

In the picture below you can see the desktop view that we use to review the data we have collected as we barcode the collection. We can easily see which boxes have lids, the dimensions of items that are too large to be boxed, and other factors like weight and cultural sensitivity.

Example Orcascan screen shot

While our roles here at the Peabody are temporary, the work we are doing will continue to be useful to Peabody staff in the future. We are honored to be a part of this stage of the Peabody’s growth and hope to continue our relationship with the museum and its staff as we step into whatever is next in our respective careers!

American Alliance of Museums Annual Meeting

Contributed by Marla Taylor

The American Alliance of Museums (AAM) held their Annual Meeting in Boston in May. Like many other conferences, this was the first in-person meeting in two years. The Peabody Institute was fortunate enough to present our work in a few different formats.

I was part of two sessions – Research Requires Consultation and Centering Culturally Appropriate Care: Re-examining Stewardship of Native American Cultural Items.

The session discussing research presented the Peabody Institute’s research policy that requires consultation and approval from an authorized tribal representative as part of any application for access to collections. You can find details about the policy here. My co-presenters were the NAGPRA Coordinator for the Osage Nation and the Senior Director of Heritage and Environmental Resources for the Seminole Tribe of Florida. Together we discussed the power of respecting tribal sovereignty by requiring these conversations about all levels of research into the cultural heritage of Native American communities.

Centering Culturally Appropriate Care presented the work of the Indigenous Collections Care Working Group (ICC) that I co-founded with my colleague Laura Bryant, Anthropology Collections Manager and NAGPRA Coordinator at the Gilcrease Museum in Tulsa, OK. The ICC has been working to develop a Guide as a reference tool for people (including museum professionals) who interact regularly with Native American collections, including those at all levels of experience and exposure. We are excited to be focusing on this conversation and developing a resource that is truly needed in the museum world. You can learn more about our work here.

But I was not the only one from the Peabody Institute presenting at AAM!

Ryan Wheeler, Peabody Institute director, was part of a session called #NoMoreStolenAncestors: Repatriation and the NMAI Act. Facilitated by the Seminole Tribe of Florida, the session explored the issues with curating human remains, obstacles to repatriation, ways to improve the process. The Seminole have been pushing for policy change at the Smithsonian Institution’s National Museum of Natural History and has had some success. You can learn about their work here, here, and here.

Lindsay Randall, curator of education, co-authored a poster examining the explosive growth in digital technologies in small organizations and how it can be used to deliver high-quality content to museum audiences. The poster shone a spotlight on the Diggin’ In series produced by the Peabody Institute and the Massachusetts Archaeological Society. You can find all the Diggin’ In talks on the Peabody’s YouTube channel here.

It was an honor to share our work with our colleagues in the museum field and receive such supportive feedback. We look forward to presenting at many more conferences – hopefully in person!

Retiring Volunteers

Contributed by Marla Taylor

Museums are so often supported by behind-the-scenes volunteer labor and the Peabody Institute is no exception. Most of my fourteen years at the Peabody have been accompanied by two of the best volunteers you could ask for – Susan and Quinn Rosefsky.

Quinn is Phillips Academy class of 1959 and came to the Peabody for a reunion event in 2009 with his wife, Susan. There they met then director Malinda Blustain; offered their services as volunteers and have been with us ever since.

While a powerful team together, they often worked on separate projects. Quinn was a tireless force assisting with inventory of the collection. He became well versed in stone tool typology (well outside his previous career as a psychiatrist) and has never stopped learning. Quinn has also been a contributor to this blog with his perspective and thoughts on items in the collection. Here are some of my favorites that he has written:

Quinn (on left) hard at work

Susan, on the other hand, has been an invaluable part of the team cleaning and inspecting the Peabody’s textile collection for pest damage. Susan learned how to vacuum textiles from a local conservator and has spent years working her way through the textile collection. Her calm and focused dedication has ensured completion of this important project.

Susan at work inspecting a textile

I cannot express the gratitude that the Peabody staff have for these two wonderful people and their contributions to our work. I know that I will miss Quinn’s stories and jokes as well as Susan’s kindness and support. The Peabody Institute was lucky to have them, and we wish Susan and Quinn all the best in their “retirement!”

Thank you to all our volunteers!

Loan to the Molina Family Latino Gallery

Contributed by Marla Taylor

Did you know that the Smithsonian is opening a new gallery – the Molina Family Latino Gallery of the National Museum of the American Latino – dedicated to highlighting Latino contributions to the United States? 

I learned about this cool gallery about 18 months ago when the Peabody Institute was first contacted about potentially loaning an item from the collection for the inaugural exhibition that will open in mid-2022.  The exhibition is the first to be presented by the National Museum of the American Latino.  We were thrilled to contribute a small piece to the important story of how Latinos and Latinas inform and shape U.S. history. 

What did they want to borrow? 

Vessel depicting the Pueblo Revolt by Jason Garcia

This amazing vessel by Jason Garcia (Okuu Pin), Santa Clara Pueblo, is an exploration of the Pueblo Revolt of 1680.  Garcia is known for his mixture of traditional materials and methods with pop culture.  Past blog posts have discussed this piece and his work.

After months of correspondence and paperwork, the vessel was packed for transportation in mid-February of this year.  It is always a pleasure to watch skilled art handlers create custom packaging and work to ensure that items make it safely to their destination.  The team was great and the vessel is awaiting installation in its new temporary home.

I enjoyed learning more about the Molina Family Latino Gallery and the National Museum of the American Latino and encourage you to explore the newest branch of the Smithsonian.  Keep your eyes peeled for an online version of the gallery later in 2022 for those who are unable to travel there in person.