The Cultural Properties Easement Act allows for the preservation of cultural properties and in some cases makes available federal tax credits. Individual property owners, communities and developers may utilize preservation easements.

An easement would limit the type and amount of ground disturbance, alteration, or development that could take place on property held under easement. The easement must be registered on the deed in the county records office. If the easement runs with the property in perpetuity, the property owner may qualify for federal income tax benefits and lower estate taxes. Easements provide benefits that result from comparing two appraisals of the property—one with and one without the easement. Any difference in the property value is the basis for a federal tax benefit, as a charitable gift. Many of the costs of creating a preservation easement are tax deductible. The easement is held by a qualified non-profit [501(c) 3] organization.

To be eligible for federal preservation easement tax credits, the federal tax code requires an archeological site to be determined eligible for inclusion in the National Register of Historic Places and a building or structure must be listed in the National Register or be part of a listed historic district.

In cases of private property, the owner retains title. All non-destructive uses of the property remain with the owner. Enacting a preservation easement does not mean that the property is open to the public. There is no government involvement once the easement is in place. Organizations of property owners can donate to a qualified non-profit organization perpetual preservation easements covering individually held cultural properties. In addition, each property owner might be eligible for individual federal income tax and estate tax benefits. Removal of portions of land from development prior to development by means of a perpetual preservation easement may reduce capital gains taxes.