FINAL BILL REPORT

HB 1277

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 120 L 13

Synopsis as Enacted

Brief Description: Concerning tribes holding conservation easements.

Sponsors: Representatives Sawyer, Zeiger, McCoy, Angel, Appleton, Morris, Kirby, Maxwell, Santos, Liias, Tarleton, Freeman, Morrell, Riccelli, Wilcox, Lytton, Jinkins, Ryu, Dahlquist, Fey, Pollet and Ormsby.

House Committee on Community Development, Housing & Tribal Affairs

Senate Committee on Natural Resources & Parks

Background:

A "conservation easement" is a commonly used term to refer to a property interest that limits the future use or development of property in order to preserve the natural condition of the land. Certain government and nonprofit entities may purchase or acquire an interest in qualifying open space, farm or agricultural land, or timber land in order to protect, preserve, maintain, improve, restore, limit the future use, or otherwise conserve the land for public use or enjoyment.

The ownership of a conservation easement is classified as real property. Eligible entities, including state and federal agencies, may hold such a right or interest as real property. Real property purchased or acquired by a federally recognized tribe outside of its reservation generally is held in fee and subject to state property laws.

Summary:

Federally recognized tribes are included in the list of recognized entities that may acquire and hold a conservation easement or other similar future interest in land as real property.

Votes on Final Passage:

House

75

22

Senate

48

0

(Senate amended)

House

73

21

(House concurred)

Effective:

July 28, 2013