Conservation easements are well-established and a common tool in the United States to protect conservation values on private lands, yet these structures are not sufficiently designed to protect Tribal Sovereignty and interests tied to land. Conservation easements need to be reimagined to better align with Tribal Sovereignty, values, and priorities.
First Nations’ Advancing Tribal Conservation Easements project is supporting tribal acquisitions of conservation easements, ensuring easements preserve tribal values and respect Tribal Sovereignty, and creating conservation financing that will provide for long-term protection and monitoring of tribal homelands. In addition, creating conservation easement equivalents to uphold Tribal Sovereignty could result in similar investments for the protection and stewardship of tribal trust lands – options currently only available to private fee landowners.
This pilot project will engage Tribes, experts in Native American law, and conservation easement financing experts to identify methods and best practices for realigning conservation easements to respect Tribal Sovereignty and values. As part of the project, First Nations will provide grants, legal technical assistance, trainings, and networking opportunities to six Tribes pursuing a conservation easement on private lands or conservation equivalent on trust lands. The purpose is to ensure pathways exist for Tribes to protect their tribal homelands, cultural resources, lifeways, and traditions.
About Conservation Easements
Conservation easements are typically perpetual and recorded as deed restrictions, which transfer to all future property owners. Conservation easements are a voluntary legal agreement between a landowner and an eligible entity that restrict activities to protect the land’s conservation values. Eligibility to hold conservation easements is defined by state code, which typically is limited to government entities (that include tribal governments) and nonprofit organizations with a conservation or historic preservation purpose. Conservation easements are used to protect a variety of conservation values, including wildlife habitat, open space, scenic values, agriculture uses, and historic preservation. Each easement is tailored to a property, based on landowner interest and the conservation easement holder’s policies and purposes.
