The Montana Antiquities Act addresses the responsibilities of the State Historic Preservation Office and other state agencies regarding historic and prehistoric sites including buildings, structures, paleontological sites, archaeological sites on state owned lands. Each state agency is responsible for establishing rules regarding historic resources under their jurisdiction, which address National Register eligibility, appropriate permitting procedures and other historic preservation goals. The Department of Natural Resources and Conservation (Trust Lands) and Montana Fish, Wildlife and Parks have written rules for implementing the Antiquities Act. All other agencies are responsible for following the administrative rules written by the State Historic Preservation Office in 1999. The State Historic Preservation Office also issues antiquities permits for the collection of archaeological or paleontological remains on state owned lands under the Act.
The Human Skeletal Remains and Burial Site Protection Act is the result of years of work by Montana Tribes and state agencies and organizations interested in assuring that all graves within the State of Montana are adequately protected.
The law passed in 1991, provide legal protection to all unmarked burial sites regardless of age, ethnic origin or religious affiliation by preventing unnecessary disturbance and prohibiting unregulated display of human skeletal remains. Anyone who discovers human skeletal remains on public or private lands should immediately contact the county coroner.
The Act created a thirteen- member Burial Preservation Board that determines the treatment and final disposition of any discovered human remains and associated burial materials. The Act establishes the preference that human remains be left undisturbed where they are found (Reference: 22-3-801, MCA). For additional information on the Burial Law, contact:
Confederated Salish & Kootenai Tribes
Tribal Historic Preservation Officer
PO Box 278
Pablo, MT 58955
Phone: (406)675-2700
Fax: (406)675-2800
Or:
State Archaeologist
Montana State Historic Preservation Office
Phone: (406) 444-7715
Fax: (406) 444-6575
For further information or copies of any historic preservation laws, contact:
Montana State Historic Preservation Office
1410 8th Avenue
PO Box 201202
Phone: (406) 444-7715
Or you can access the Historic Preservation website provided by the National Conference of State Legislators. The website address is:
http://www.ncsl.org/programs/arts/statehis_intro.htm
