Virginia to Expand Conservation Easement Eligibility for Federally Recognized Tribes

RICHMOND, Va. — The Virginia House of Delegates approved House Bill 134 on February 3, 2026, passing it by a vote of 93 to 5. This measure updates the Virginia Conservation Easement Act to enable federally recognized tribes to serve as holders of conservation easements. Specifically, the bill provides that a federally recognized tribe, as defined within the legislation, qualifies as a conservation easement holder. Furthermore, these tribes are not required to adhere to the restrictions concerning the location of a principal office or the duration of the entity’s existence that apply to other categories of easement holders.

House Bill 134 was prefiled on January 3, 2026, and introduced on January 14, 2026, under bill number 26100116D. It was immediately referred to the Committee on Agriculture, Chesapeake and Natural Resources in the House of Delegates. The bill received consideration in the subcommittee focused on natural resources, where on January 21, 2026, the subcommittee recommended reporting it favorably with a unanimous vote of 10 to 0. On January 28, 2026, the full House committee on Agriculture, Chesapeake and Natural Resources reported the bill with 21 votes in support and 1 vote against.

The legislative process in the House continued with the first reading of the bill on January 30, 2026. Members read the bill for a second time and approved it as engrossed on February 2, 2026. The third and final reading occurred on February 3, 2026, resulting in passage by the wide margin of 93 yes to 5 no, with zero abstentions.

Following its success in the House, House Bill 134 advanced to the Senate. On February 4, 2026, the Senate dispensed with the constitutional reading on the first reading of the bill. The measure was then referred to the Senate Committee on Agriculture, Conservation and Natural Resources. This committee reviewed the bill and on February 24, 2026, reported it out while recommending rereferral to the Senate Committee on Finance and Appropriations. The vote in that committee was 13 in favor and 0 opposed.

The Senate Finance and Appropriations Committee took up House Bill 134 on March 4, 2026. At that time, the committee decided to continue the bill to the next session, approving the motion with 10 votes in favor and 5 votes against.

Prior to these actions, the Department of Planning and Budget issued a fiscal impact statement for House Bill 134 on January 20, 2026.

The core provisions of the bill amend and reenact sections 10.1-1009 and 10.1-1010 of the Code of Virginia. These amendments relate directly to the definitions and qualifications under the Virginia Conservation Easement Act, incorporating provisions for federally recognized tribes. The legislation is noted as originating from recommendations made by the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.

The overwhelming support demonstrated in the House of Delegates for House Bill 134 underscores the broad acceptance of the proposed changes to the conservation easement framework. By allowing federally recognized tribes to hold these easements without the customary limitations on office location and organizational longevity, the bill facilitates greater participation in land conservation initiatives. This update to the law ensures that the definitions in the act accommodate the unique status of these tribes as recognized at the federal level.

The continuation of the bill in the Senate Finance and Appropriations Committee provides additional time for lawmakers to assess any budgetary considerations associated with the implementation of these changes. As the session progresses or resumes, further actions on House Bill 134 will determine its ultimate fate in the 2026 legislative session.

The bill’s focus on expanding the eligibility for conservation easement holders represents an effort to modernize state law in light of federal tribal recognitions. With the House having completed its review and approval, the measure stands as an example of legislative action aimed at refining the Virginia Conservation Easement Act to include additional qualified entities.