What federal protections exist for historic buildings and landmarks?

What the Law Says

The National Historic Preservation Act (NHPA) is the cornerstone of federal historic preservation law in the United States. Enacted in 1966 and codified at 54 U.S.C. § 300101, it establishes a national policy to protect and enhance historic resources.

The NHPA created the National Register of Historic Places — the official list of districts, sites, buildings, structures, and objects deemed worthy of preservation. Listing provides formal recognition and triggers certain federal protections.

Most importantly, Section 106 of the NHPA (implemented through 36 C.F.R. Part 800) requires federal agencies to consider the effects of their undertakings on historic properties and provide the Advisory Council on Historic Preservation an opportunity to comment.

The law also authorizes grants, technical assistance, and federal tax incentives — including a 20% income tax credit for the certified rehabilitation of income-producing historic buildings listed on the National Register.

Statutory Text

The Congress declares that the preservation of historic property is in the public interest and that Federal agencies shall take into account the effect of their undertakings on such property.

— 54 U.S.C. § 300101 — Historic property preservation

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