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When visitors see archeologists working in a national park, few may understand the legal implications of that work. Laws enacted to protect archeological resources define conditions under which archeological investigations may be required and prohibit unauthorized digging on federal lands. Every legal aspect of archeology involves the public and encourages public participation and interest. Archeologists
discovered the Hooe Dependency Site when they were conducting a survey
of an intersection in Manassas National Battlefield Park. The Virginia
Department of Transportation is widening this intersection. Because
the construction is taking place on federal land, the National Park
Service is legally mandated to "take into account the effects of their
undertakings on historic properties" (Section 106 of the National
Historic Preservation Act, as amended). Thus, the National Park Service
is responsible for conducting archeological surveys to identify all
properties that may be impacted. All archeological resources located on federal land are protected by the Archeological Resources Protection Act (ARPA). Without required permits any excavations-whether conducted by a professionally trained archeologist or a visitor-would be illegal and the perpetrator would face prosecution and rigid fines. Visitors who innocently pick up artifacts are subject to the law, as are "relic hunters" who deliberately bring metal detectors and shovels into a park.
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MJB/MDC