Federal Historic Preservation Laws, Regulations, and Orders

The National Park Service carries out a wide variety of historic preservation work and programs. This work is not only in the National Park System, but also in partnership with local communities and preservation groups, State and Tribal governments, other federal agencies, and international organizations. The Park Service's historic preservation work is governed by federal law (United States Code [USC] and Public Laws [PL]), federal regulations (Code of Federal Regulations [CFR]), Presidential executive orders, and orders issued by the Director of the National Park Service. This page provides information about these laws, regulations, and orders. Please see our page about Standards & Guidelines for additional information about the National Park Service's historic preservation work. The citations below are for informal use only.

These entries are organized by their commonly known names, rather than their current legal citations. For example, preservationists are more likely to discuss Section 106 than 54 USC 306108.

Please note that Tribal, State, and local laws (as well as laws specific to other federal agencies) also establish important rules for historic preservation.

For information about the new Title 54 of the United States Code, please see our Federal Preservation Laws introduction .

Revised Federal Historic Preservation Law Text Available

The Federal Historic Preservation Laws (PDF) publication is an anthology of Federal laws and portions of laws related to the preservation of the United States' cultural heritage. The fifth edition is now available online as a PDF (above) and is the definitive collection of cultural resource management and historic preservation laws in the US.

Printed copies are expected to be distributed to State Historic Preservation Offices by the Government Publishing Office in May of 2020. To request a physical copy, please contact the State, Tribal, Local, Plans & Grants Division.

American Battlefield Protection Act, as amended (54 USC 308101-308103)

• Additional statutory information (American Battlefield Protection Program)
• Former citation: 16 USC 469k-1

Certified Local Government Program (54 USC 302501-302305)

• Procedures for State, Tribal, and Local Government Historic Preservation Programs (36 CFR 61)
• Certified Local Government Program website

Federal Property and Administrative Services Act, as amended:

• Enforcement and Revision of Instruments Transferring Property under This Section (40 USC 550(b))
• Property for Use as a Historic Monument (40 USC 550(h))
• Former citation: 40 USC 484(k)(3) and (4)

Historic Sites Act, as amended (moved to four sections in Title 54):

• American Antiquities: Policy and Administrative Provisions (54 USC 320101-320106)
• National Park System Advisory Board (54 USC 102303)
• National Park Service Advisory Council (54 USC 102304)
• Commemoration of Former Presidents (54 USC 309101)
• Former citation: 16 USC 461-467

National Center for Preservation Technology and Training (54 USC 305301-305306)

• NCPTT website
• Former citation: 16 USC 470x-1 through 470x-6

National Environmental Policy Act, as amended (42 USC 4321 [Purpose] and 42 USC 4331-4335 [Policies and Goals])

• Environmental Impact Statements (40 CFR 1502)
• Implementation of the National Environmental Policy Act (43 CFR 46)
• Procedures for the Implementation of the National Environmental Policy Act (36 CFR 805)

National Historic Landmarks Program (54 USC 302102-302108)

• National Historic Landmarks Program regulations (36 CFR 65)
• National Park System Advisory Board role (54 USC 102303(d)(2))
• Planning and Actions to Minimize Harm to National Historic Landmarks (54 USC 306107)
• Section 106 Process (36 CFR 800: Protection of Historic Properties)
• National Historic Landmarks Program website
• Former citation: 16 USC 470a(a)

National Historic Preservation Act, as amended (54 USC 300101 et seq.: Historic Preservation)

• Former citation: 16 USC 470 et seq.

National Register of Historic Places (54 USC 302101-302108)

• National Register of Historic Places regulations (36 CFR 60)
• Determination of Eligibility for Inclusion in the National Register of Historic Places (36 CFR 63)
• Section 106 process (36 CFR 800: Protection of Historic Properties)
• State Historic Preservation Officers and National Register Review Boards (36 CFR 61.4: Procedures for State Historic Preservation Programs)
• National Register of Historic Places website
• Former citation: 16 USC 470a(a)

National Trust for Historic Preservation of the United States (54 USC 312101-312106)

• National Trust for Historic Preservation website
• Former citation: 16 USC 468

Procedures for State, Tribal, and Local Historic Preservation Programs (36 CFR 61)

Public Buildings Cooperative Use Act [Section 102], as amended (40 USC 3306: Accommodating Federal Agencies)

• Section 106 Process (36 CFR 800: Protection of Historic Properties)
• Former citation: 16 USC 470f

• Section 110 guidelines
• Former citation: 16 USC 470j

Theft of Government Property (three key sections):

• Public Money, Property, or Records (18 USC 641)
• Theft or Bribery Concerning Programs Receiving Federal Funds (18 USC 666(a)(1)(A))
• Theft of Major Artwork (18 USC 668)

UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970) (19 USC 2601-2613: Convention on Cultural Property Implementation Act, as amended)

Abandoned Shipwreck Act, as amended (43 USC 2101-2106)

• Information about the Antiquities Act of 1906
• National monument facts and figures
• Former citation: 16 USC 431-433

Archaeological Resources Protection Act, as amended (16 USC 470aa-mm)

• Protection of Archaeological Resources (43 CFR 7)
• Information about ARPA

Archeological and Historic Preservation Act, as amended (54 USC 312501-312508: Preservation of Historical and Archeological Data)

• Information about AHPA
• Former citation: 16 USC 469 to 469c-2

Curation of Federally Owned and Administered Archeological Collections (36 CFR 79)

Native American Graves Protection and Repatriation Act, as amended (25 USC 3001-3013)

• Information about NAGPRA
• See also the section below about NAGPRA and Native American Cultural Resources

Preservation of American Antiquities (43 CFR 3)

Sunken Military Craft Act (10 USC 113 note)

• Guidelines for Permitting Archaeological Investigations and Other Activities Directed at Sunken Military Craft and Terrestrial Military Craft Under the Jurisdiction of the Department of the Navy (32 CFR 767)
• Information about the revised guidelines in 32 CFR 767 (80 FR 52587)
• Information about SMCA (Naval History and Heritage Command)

Battlefield Land Acquisition Grants (54 USC 308103)

• Grants information (American Battlefield Protection Program)
• Former citation: 16 USC 469k-1(c)

Battlefield Restoration Grants

Battlefield Interpretation Grants

Preservation Planning Grants (54 USC 308102)

• Grants information (American Battlefield Protection Program)
• Former citation: 16 USC 469k-1(b)

Historic Preservation Fund (54 USC 303101-303103)

• Information about HPF grants (State, Tribal, and Local Plans and Grants)
• Former citation: 16 USC 470h

Historically Black Colleges and Universities Curriculum Development (54 USC 303903)

• Executive Order 13532: Promoting Excellence, Innovation, and Sustainability at Historically Black Colleges and Universities
• Information about HBCU Grants (State, Tribal, and Local Plans and Grants)
• Former citation: 16 USC 470a(j)(C) and 16 USC 470a note

Historically Black Colleges and Universities Historic Building Restoration and Preservation (54 USC 302101 note)

• Information about HBCU Grants (State, Tribal, and Local Plans and Grants)
• Former citation: 16 USC 470a(a)(1)(A)

Japanese American Confinement Sites Grants (54 USC 320101 note)

• Please note: the statutory text authorizing these grants is in the process of being moved from Title 16 to Title 54. Until then, you can access the text via PL 109-441 and its amendment in PL 111-88 (Division A, Title I, Sec. 119).
• JACS Grant Program website
• Former citation: 16 USC 461 note (Historic Confinement Sites)

NAGPRA Grants (25 USC 3008)

National Maritime Heritage Grants (54 USC 308701-308707)

• National Maritime Heritage Grants Program website
• Former citation: 16 USC 5401-5409

Paul Bruhn Historic Revitalization Grants

• Information about Paul Bruhn Historic Revitalization Grants (State, Tribal, and Local Plans and Grants)
• This is a new program created and funded initially under PL 115-141.

Preservation Technology and Training Grants (54 USC 305304)

• PTT Grants Program website
• Former citation: 16 USC 470x-4

Preserve America Program (54 USC 311101-311105)

• Executive Order 13287: Preserve America
• Preserve America website
• Information about Preserve America grants (State, Tribal, and Local Plans and Grants)
• Former citation: 16 USC 469n

Save America's Treasures Program (54 USC 308901-308905)

• Executive Order 13072: White House Millennium Council (pdf)
• SAT grants information (State, Tribal, and Local Plans and Grants)
• Former citation: 16 USC 469o

State Historic Preservation Office Grants (54 USC 302902)

• Information about SHPO Grants (State, Tribal, and Local Plans and Grants)
• Former citation: 16 USC 470a(e)

Tribal Heritage Grants (54 USC 302906-302907)

• Information about Tribal Heritage grants (State, Tribal, and Local Plans and Grants)
• Former citation: 16 USC 470a(e)

Tribal Historic Preservation Office Grants (54 USC 302703 and 54 USC 302902(c))

• Information about THPO grants (State, Tribal, and Local Plans and Grants)
• Former citation: 16 USCa(d)3, 16 USC 470a(e), and 16 USC 470c

Underrepresented Community Grants (PL 113-76 [pdf] and PL 113-235)

• Maritime Heritage Program website
• Submerged Resources Center website

Abandoned Shipwreck Act, as amended (43 USC 2101-2106)

Coastal Zone Management Act, as amended (16 USC 1451-1466)

National Historic Lighthouse Preservation Act, as amended (54 USC 305101-305106: Historic Light Station Preservation)

• NHLPA Program website
• Former citation: 16 USC 470w-7

National Marine Sanctuaries Act, as amended (16 USC 1431-1445)

National Maritime Heritage Act, as amended (54 USC 308701-308707)

• Former citation: 16 USC 5401-5409

Outer Continental Shelf Lands Act, as amended (43 USC 1331-1356b)

Sunken Military Craft Act (10 USC 113 note)

• Guidelines for Permitting Archaeological Investigations and Other Activities Directed at Sunken Military Craft and Terrestrial Military Craft Under the Jurisdiction of the Department of the Navy (32 CFR 767)
• Information about the revised guidelines in 32 CFR 767 (80 FR 52587)
• Information about SMCA (Naval History and Heritage Command)

• Museum Management Program website
• Museum Laws and Regulations (Department of the Interior Museum Program)

Disposal of Records (44 USC 3301-3314)

Disposition of Federal Records [Loan of Permanent and Unscheduled Records] (36 CFR 1228)

Federal Records, General (36 CFR 1220)

Management of Museum Properties (54 USC 102501-102504)

• Former citation: 16 USC 18f

Preservation, Arrangement, Duplication, Exhibition of Records (44 USC 2109)

Records Management by Federal Agencies (44 USC 3101-3107)

Research Specimens (36 CFR 2.5)

NAGPRA & Native American Cultural Resources

• National NAGPRA Program website
• Tribal Relations and American Cultures Program website
  • Cultural Anthropology Program website
  • Park NAGPRA Program website
  • Tribal Historic Preservation Program website

  Bald Eagle Protection Act, as amended (16 USC 668-668d: Bald and Golden Eagles)

  Embezzlement and Theft from Indian Tribal Organizations (18 USC 1163)

  Endangered Species Act, as amended (16 USC 1531-1544)

  Marine Mammal Protection Act, as amended (16 USC 1361-1423h)

  Migratory Bird Treaty Act, as amended (16 USC 703-712)

  Native American Graves Protection and Repatriation Act, as amended (25 USC 3001-3013)

  • NAGPRA Regulations (43 CFR 10)

  National Park System

  • Former citation: 16 USC 1908

  National Park Service Organic Act [Section 1: Mission], as amended (moved to two sections in Title 54):

  • National Park System [General Provisions] (54 USC 100101)
  • National Park System [Establishment] (54 USC 100301-100302)
  • Former citation: 16 USC 1

  National Park Service Organic Act [Section 8: Reports on Threatened Landmarks and New Area Studies], as amended (54 USC 100507: Additional Areas for National Park System)

  • Former citation: 16 USC 1a-5

  Historic Preservation Certifications (application and review processes; Standards) (36 CFR 67)

  Qualified Conservation Contribution (including easements) (26 USC 170(h))

  Qualified Rehabilitated Building (program eligibility, qualified expenses, and claiming the credit) (26 CFR 1.48-12)

  Rehabilitation Credit (establishes the 10 and 20 percent credits) (26 USC 47)

  Amtrak Improvement Act [Section 4(i)], as amended (49 USC 5561-5568: Terminals)

  Department of Transportation Act [Declaration of Purpose and Section 4(f)], as amended (49 USC 303: Policy on Lands, Wildlife and Waterfowl Refuges, and Historic Sites)

  Intermodal Surface Transportation Efficiency Act of 1991, as amended, especially the following sections:

  • Design Criteria for National Highway System, and Scenic and Historic Values (23 USC 109(b), (c), and (p))
  • Scenic Byways Program (23 USC 101 note)

  Moving Ahead for Progress in the 21st Century Act (MAP-21) (PL 112-141). The Act made amendments to the following sections related to historic resources:

  • Associated Transit Improvement (49 USC 5302(1))
  • Historic Bridges (23 USC 144(g))
  • Metropolitan Transportation Planning (23 USC 134(i)(5) and 49 USC 5303(i)(5))
  • National Highway System (23 USC 103(c)(5))
  • Statewide and Nonmetropolitan Transportation Planning (23 USC 135(f) and 49 USC 5304(f))
  • Transportation Alternatives (23 USC 101(a)(29))
  • Information about MAP-21 (Department of Transportation)
  • Information about MAP-21 (Federal Highway Administration)