Subcommittee advances bill allowing federally recognized tribes to hold conservation easements
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Summary
The subcommittee unanimously reported HB 134 to let federally recognized tribes hold and place property into conservation easements and to add cultural preservation as an express purpose; supporters said the change expands tribes’ stewardship tools while opponents were not present.
Delegate Simons introduced HB 134, which would allow federally recognized tribes to act as holders of conservation easements and to place their own property into easements, expanding who may steward protected lands in Virginia. “This change gives tribes the increased ability to work with landowners, gain access to traditional or culturally important lands, or hunting or fishing sites,” said Thomas Ross, a UVA Law student who assisted with drafting the proposal.
Supporters from multiple conservation organizations told the subcommittee the change fills a gap in current law that requires tribes to partner with existing authorized holders. Jay Forbes of the Chesapeake Bay Foundation said Virginia’s tribes are long-standing conservation partners and the bill provides “another necessary tool” to support that role. Blair St. Lehi Olsen of the Virginia League of Conservation Voters and representatives from the National Parks Conservation Association, Virginia Conservation Network, Environmental Defense Fund, Potomac Conservancy and Wetlands Watch also voiced support, saying the amendment will strengthen preservation and stewardship options.
The bill adds a definition of “federally recognized tribe” and expands the stated purposes of conservation easements to include cultural preservation alongside historic preservation. Thomas Ross emphasized the changes were requested by tribes and do not require landowners to enter easement agreements or prevent tribes from continuing to partner with existing holders if they prefer.
Committee members asked whether the bill would alter other operational requirements that apply to nonprofit easement holders. Delegate Simons replied provisions tied to corporate nonprofit structure (for example, resident agent requirements) do not apply to tribes in the same way and the bill exempts tribes from those specific requirements where inapplicable. No speakers registered opposition in the room or online, and the subcommittee recorded a unanimous roll-call vote to report the bill to the full committee.
The subcommittee’s action sends HB 134 to the next stage with bipartisan, unanimous support; the bill’s proponents say it expands tools for tribal land stewardship and clarifies cultural preservation as a valid easement purpose.
