RICHMOND, VA – In a strong show of support for preserving Virginia’s cherished landscapes and honoring the state’s federally recognized tribes, the House of Delegates passed House Bill 134 on February 3, 2026, by a vote of 93-5. The measure, which updates the Virginia Conservation Easement Act, empowers these tribes to serve as direct holders of conservation easements, removing outdated barriers that previously limited their participation to mere partnerships.

HB134, addresses a key recommendation from the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes. The commission identified a gap in current law: while tribes can collaborate with established holders when owning land, they cannot independently hold easements to protect ancestral and natural areas. This bill closes that gap, defining a ‘federally recognized tribe’ as an American Indian tribe within Virginia’s boundaries that is acknowledged by the Commonwealth under Section 2.2-401.01 and by the U.S. Secretary of the Interior pursuant to the Federally Recognized Indian Tribe List Act of 1994.

Under the amended Virginia Conservation Easement Act, found in Sections 10.1-1009 and 10.1-1010 of the Code of Virginia, a holder now explicitly includes such tribes alongside charitable organizations focused on retaining natural values, ensuring agricultural and recreational uses, protecting resources, or preserving historic aspects. Non-tribal holders must maintain a principal office in Virginia for at least five years or qualify as a national organization with a Virginia office registered with the State Corporation Commission. Until meeting these criteria, new holders can co-hold easements with a tribe or qualified entity, ensuring robust stewardship from the outset.

Conservation easements represent a proven, voluntary tool for safeguarding Virginia’s farms, forests, open spaces, and waterways against urban sprawl and development pressures. Landowners retain title but agree to restrictions that maintain the land’s rural character, often securing significant tax benefits in return. By including tribes, HB134 taps into their deep-rooted knowledge as natural stewards, particularly for culturally significant sites. The commission noted support from groups like the Virginia Outdoors Foundation, which views this alignment with open-space goals as enhancing tax advantages for preservation.

The bill’s path reflects broad consensus on its merits. The House Agriculture, Chesapeake and Natural Resources Subcommittee recommended reporting it 10-0 on January 21, followed by full committee approval 21-1 on January 28. After engrossment and third reading, it cleared the House decisively. In the Senate, the Agriculture, Conservation and Natural Resources Committee reported it 13-0 on February 24, rereferring to Finance and Appropriations, where it was continued to 2027 by a 10-5 vote on March 4.

Virginia’s seven federally recognized tribes—the Chickahominy Indian Tribe, Chickahominy Indian Tribe-Eastern Division, Monacan Indian Nation, Nansemond Indian Tribal Association, Pamunkey Indian Tribe, Rappahannock Tribe, and Upper Mattaponi Tribe—stand to benefit directly. These sovereign entities, with government-to-government ties to the Commonwealth, can now more effectively acquire, protect, and manage lands through easements, potentially incorporating cultural preservation purposes.

The Department of Planning and Budget’s fiscal impact statement confirms no cost to the Department of Conservation and Recreation, which oversees the act. This fiscally responsible update aligns with conservative principles of private property protections, local control, and minimal government intervention while honoring federal recognitions and Virginia’s rich heritage.

As the measure carries over, proponents see it as a straightforward modernization essential for ongoing conservation successes. With thousands of acres already protected via easements statewide, HB134 promises to strengthen these efforts, ensuring future generations inherit the Commonwealth’s natural bounty intact.