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The original emphasis on the protection of American cultural property was placed on items such as buildings commemorating independence and civil war battle sites, and was limited to things existing on land owned and administrated by the federal government. Gradually, the scope of objects eligible for protection has been expanded, and regulations protection of cultural property applicable to personal property have been added.

While in the U.S. there is no system for the designation of cultural property, important items are held at the Smithsonian Institution, the Library of Congress and elsewhere. In addition, the American Folklife Center works with the Smithsonian and other institutions to preserve and reproduce traditional American lifestyles and to preserve buildings.

There are numerous federal laws concerning the protection of cultural property, and this legislation has undergone many changes. In 1966, the National Historic Preservation Act extended the scope of preservation to historic remains existing in privately owned land for the first time, and invested the Secretary of the Interior with the authority to list important historic remains on the National Register of Historic Places.

Furthermore, regarding the protection of buried cultural properties, a 1974 amendment stated that study and/or restoration measures should be carried out for all projects related to the federal government, including those carried out through licenses or subsidies, in the case that there is concern about the destruction of historic remains.

According to the National Historic Preservation Act, items eligible for protection as cultural property in the U.S. are regions, sites, buildings and property that are important to American history, architecture, archaeology and culture. The federal government grants subsidies for surveys, the formulation of programs and other protection measures regarding the protection and acquisition of cultural property by states.

Federal agencies in charge of the protection of cultural property include the Department of the Interior's National Park Service and Fish and Wildlife Service and the Institute of Museum Services. There are also state agencies and related organizations, but the body that oversees the protection of cultural property is the Advisory Council on Historic Preservation, an advisory body to the president.

The Advisory Council on Historic Preservation advises the president on items including the drafting of basic measures on the preservation, repair and restoration of cultural property; and cooperative measures and information dissemination by organizations, groups and individuals regarding protection activities.

The National Trust for Historic Preservation was established in 1949 with the dual purpose of promoting federal policies concerning the protection of cultural property and encouraging participation of the general public in cultural property protection. It receives donations of important historic remains and buildings, which it preserves and manages for the public good, and also administers donations, etc., received from a wide range of the general public for the purpose of implementing preservation programs.