Proposal sets rules for who may hold Virginia conservation easements

The proposal describes federally recognized tribes as eligible to hold conservation easements. The definition covers American Indian tribes within Virginia’s present-day external boundaries. A tribe must be acknowledged by Virginia and recognized by the U.S. Secretary of the Interior.

A nontribal holder must meet the stated organization and experience rules, or share the easement with a qualifying holder. These rules apply to holders other than federally recognized tribes. The holder must be a qualifying charitable organization. It must have had a Virginia office for at least five years, or be a national organization that has existed for at least five years, has a Virginia office, and is registered and in good standing with the State Corporation Commission. Until it meets those requirements, it may share the easement with a federally recognized tribe or another holder that meets them. A nontribal holder must meet the five-year requirements to hold an easement alone; it may share the easement until then.