Returns through NAGPRA

The Peabody Museum is committed to the return of hair to families and Tribal Nations. Returns will take place through the Native American Graves Protection and Repatriation Act (NAGPRA).

On November 30, 2022, after review, the Department of the Interior informed the Peabody that the collection is subject to the Native American Graves Protection and Repatriation Act (NAGPRA). We are working with the Department of the Interior’s National NAGPRA Program on implementation of the NAGPRA process with respect to the Woodbury Collection.  The museum and the Department are committed to a partnership with the aim of a respectful, effective, and efficient returns process, while still following the requirements of the regulations.  
 
In early January 2023, the museum sent a letter to Tribal Nations describing the process for repatriation. Information for repatriation to lineal descendants will also be communicated at that time. The names documented in the Woodbury Collection are sensitive information. The museum will provide this information only when requested by a Tribal Nation or lineal descendant.  

Some frequently asked questions about the Woodbury Collection and NAGPRA are addressed below. 

Frequently Asked Questions: Returns through NAGPRA

What is the Native American Graves Protection and Repatriation Act (NAGPRA)?

NAGPRA requires the Peabody Museum and other museums to repatriate Native American human remains, funerary objects, objects of cultural patrimony, and sacred objects. The statute, along with subsequent administrative regulations, sets forth a detailed administrative process that museums must follow, including the inventorying of relevant holdings, communications and consultations with Indian Tribes, publication of notices in the Federal Register, and eventual transfer of human remains and cultural items to lineal descendants or culturally affiliated Indian Tribes. Details of the statute, regulations and process is available at National NAGPRA, National Park Service, U.S. Department of the Interior.

To learn more about NAGPRA please visit National NAGPRA’s training website and their Frequently Asked Questions website. An explanation of definitions used in the NAGPRA legislation can also be found be found on National NAGPRA's website.

Harvard University commits to NAGPRA implementation as a respectful, effective, and efficient process to bring about the returns in partnership with the Department of the Interior. The Department of Interior is providing advice on implementing NAGPRA regulations regarding this collection. 

Who can receive the hair clippings under NAGPRA?

The hair clippings can be returned to lineal descendants and culturally affiliated Indian Tribes (as defined under NAGPRA). NAGPRA privileges repatriation to lineal descendants. 

Who is an Indian Tribe as defined by NAGPRA?

“Tribal Nation” is the preferred term in general usage, including in other sections of this website. NAGPRA uses the term “Indian Tribe.” “Indian Tribe” means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (25 USC 3001 (7)) 

Who is a lineal descendant?

Under NAGPRA, a lineal descendant is someone who can trace their ancestry directly and without interruption to an identified Native American individual. A lineal descendant does not need to be an enrolled member of an Indian Tribe.

Who identifies possible lineal descendants?

Lineal descendants identify themselves, sometimes with assistance from an Indian Tribe. The museum cannot identify lineal descendants because it lacks the appropriate tribal or genealogical knowledge to identify relatives. Therefore, the museum will request that Indian Tribes consider identifying and providing contact information for lineal descendants if available. 

Will you release the names of individuals as part of the NAGPRA process?

Details of individuals have not been publicly shared in response to early feedback and requests from several Indian Tribes. Instead, the museum provided lists of individuals to Tribal leaders to allow time for them to review this difficult information. The names of individuals will not be made public by the museum unless guided to do so through consultation with Indian Tribes and lineal descendants. 

What information do lineal descendants provide under NAGPRA?

Lineal descendants provide a letter of attestation to the museum. Further details are available by emailing pmreturns@fas.harvard.edu

What information will an Indian Tribe need to provide under NAGPRA?

The museum respectfully requests Indian Tribes to provide contact information for lineal descendants, if available, and for the appropriate Indian Tribe official for consultation. The museum also requests Indian Tribes to provide any recommendations on how the consultation process should be conducted.

How will repatriation be determined?

Repatriation is determined based on the cultural affiliation of the human remains. Consultation directs the determination of cultural affiliation for these hair clippings. Information provided in the 1930-1933 collection documentation also contribute information to this process. Together this information will provide a basis for cultural affiliation and repatriation under NAGPRA. The determinations of cultural affiliation will be published in notices of inventory completion in the Federal Register. Further information about the Federal Register process can be found on the National NAGPRA website