The Montana State Historic Preservation Office notifies the legal counsel of the Department of Corrections concernig the illegal activity portrayed on The National Geographic Channel episode "Diggers: Montana Juice" aired on the television show "Diggers" currently in the National Geographic Channel LIne-up. Metal detectors removed materials from a publically held historic site which is in violation of State Statute MCA 22:3-432, -442.

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Historical Society Research Center
March 6, 2012
Diana Koch, Chief Legal Counsel
Department of Corrections
5 S. Last Chance Gulch
Helena MT 59620
Counselor Koch:
As you know the State Historic Preservation Office has received dozens of inquires and expressions of
concern regarding the TV show Diggers: Montana Juice episode on the National Geographic Channel
which first aired February 28, 2012. A partial list of relevant contacts is cc'd below.
As we explained when we communicated with you that morning, after we confirmed with Corrections
that the Department was unaware of the activity (digging up artifacts from the National Register Listed
State-owned Heritage Property: the Old Territorial Prison) we requested National Geographic Channels
TV Senior Vice President Chris Albert of to stop the showing since it depicted a violation of state statue
(MCA 22-3-432, - 442). Mr. Albert refused to stop the showing stating they had permission from the
lease holder. That permission however does not change the requirements for a State Antiquities Permit .
We continue to be concerned that: 1) a violation of state law has occurred, 2) that violation has been
portrayed on national television projecting a disparaging image of the state's concern for its Heritage
Properties, and 3) that portrayal under the National Geographic banner will encourage similar
unpermitted activities.
Given the activity depicted in Diggers occurred on state-owned land and was done at the invitation of
the D partment of Corrections lease holder we respectfully request you inform us of the Department's
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action to date as well as the future decisions regarding this violation of state law.
Iy,
Mark aZ.~I,SHPO Stan Wilmoth, Ph .D., State Archaeologist
CC: Society for American Archaeology
Archaeological Institute of America
National Association of State Archaeologists
Advanced Metal Detecting for the Archaeologist
Montana Archaeological Society
Frison Institute 225 North Roberls Street
National Geographic Channel P. O. Box 201201
Cc Governor's Office Helena, MT 59620-1201
(406) 444-2 6 94
(406) 444-2696 fAX
III 0 nta na historicalsociety.org